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Res 47-88 RESOLUTION NO. 47-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S, LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. W~EREAS, the Building Official or his designated representative has, pursuant to Chapter {655 of the Code of Ordinances, declared }the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(S) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60} days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30} days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done;'and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances o3 the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section'I. That assessments in the a~ount of $1,64],40 One thousand six hundred forty three and 40/100 dollars as shown by the report of'the City Manager of the City of Del~ay a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) day~ after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. · Section 3. That the City Clerk of the City of Delray Beach.ts hereby directed to immediately mail by certified mail, postage prepaxa, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of Six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by'the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public re~ords of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at th~ rate of 6%, and collection costs including a reasonable attorney's fe~. PASSED AND ADOPTED in regular session on this the 13th day of September , 1988. ATTEST - 2 - Res. No. 47-88 September 13, 1988 TO: Monteal J. Johnson ADDRESS: 20 NE 16th Court, Delray Beach, F1 33444 PROPE~: 135 SW 2nd Avenue, Delray Beach, F1 33444 LI~,A~'~C[q: resubdivision of S~ of Block 54, Town of Delray, Lots 7 and 8, Dloc~ 34, i'own or uezray, accorQlng co r-ac BOOK 11, ~ase Z oz {he official records of Palm Beach County, You, as the record owner of, or holder of an intexest in, pro~ ar~ hereby advise~ that a cost of S! .iai_an by resolutim of the City Council of the City of De, ray Beach, Florida, dated September 15 , ~he ~ibed pro~. You w~re give~ written notice o~ that the building official has detezmined that a build/rig located on the ab~ve- dasor~ pzoperty was unsafe. You were" advised in that notice of the action to be taken to re~dy that unsafe condition and of the time with/n which the re. dial x You failed to appeal the decision of tb~ buildi~ official to the Board of Cons~ A~f~/s aithou~ ~u w~re infon~d of your right to an appeal and of the procedures for obtain/rig re~,i~ed by the notice of the building official. You appealed the decision of the builalng official to the Board of Cons~ Appeals. You were given written notificatic~ o~ that you were re~ired to take the corrective action re~,ired by the decision of the Board of Co~str~TJ~ Appeals within a stated period of of tbs ~-d of C~stnm~k~ ~. Th~ City of D-l~ay B~ch has thermform taken re~d/a~ ~n ~o re~ve tha at a cost of si .~,.~_,.n which includes a tan percent I10%~ administrative fee. If you fail to pay this cost within thirty (30) da~s, that cost shall be recorded on the Official Reccxds of Palm _m~_ _,~ OmitS, a~t the abm~-~scribed Copy of all notices referred to in this notice are available in the office of the b,il&~ng official. BY ORDER OF THE CITY ~.