Res 35-86 RESOLUTION NO. 35-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELPAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN 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 ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City manager or his designated representative has,
pursuant to Chapter 13 of the Code of Ordinances, declared the existence
of a nuisance upon certain lots or parcels of land, described in the
list attached hereto and made a part hereof, for violation of the
provisions of Chapter 13 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 13-16 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a
nuisance existed in accordance with the standards set forth in Chapter
13 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 public
nuisance pursuant to Sections 13-16 and 13-17 of the Code of Ordinances
describing the nature of the nuisance(s) and sent notice that within ten
(10) days from the date of said notice forty-two (42) days in the case
of violation of Section 13-14 pertaining to seawalls) they must abate
said nuisance, or file a written request for a hearing to review the
decision that a nuisance existed within seven (7) days from the date of
said notice, failing in which the City of Delray Beach would proceed to
correct this condition by abating such nuisance, and that the cost
thereof would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 13-16 within the time limits prescribed in
said notice and Chapter 13 of the Code of Ordinances, or if the property
owner(s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance(s) within seven (7) days
subsequent to the rendering of a decision adverse to the property
owner(s) (thirty-five (35) days for violation of 13-14); and,
WHEREAS, the City of Delray Beach, through the City
Administration or such agents or contractors hired by the City
Administration was therefore required to and did enter upon the land(s)
described in the list attached and made a part hereof and incurred costs
in abating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 13 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Council a report of the costs incurred in
abating said nuisance(s) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, the City Council of the City of Delray Beach, pursuant
to Chapter 13 of the Code of Ordinances desires to assess the cost of
said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, 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) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, 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 is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Council of the City of
Delray Beach on the 8th day of July, 1986 has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% 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
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received 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 records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
Section 6. That at the time the City Clerk sends the certified
copy of this resolution for recording, a notice of lien, in the form
prescribed in Section 13-20 of the Code of Ordinances, shall be mailed
to the property owner.
PASSED AND ADOPTED in regular session on this the 8th day
of July , 1986.
MAYOR
ATTEST:
~City Clerk
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COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENTS
W23.33' of Lot 2 less S14' & J. Reeve Bright $30.00
E21.67' of Lot 3 less S14', 700 Seasage Drive 35.00 (Adm. Cost)
Blk 69, Town of Delray, PB Delray Beach, FL 33444 (Recording)
2, P43, Public Records, Palm
Beach County, Florida.
(E. Atlantic Avenue)
W75' of El00' of N160' of W Sammuel L. McLean $90.00
1/2 of S1/2 of Lot 5, less R/D 7656 Grove Road 35.00 (Adm. Cost)
R/W, Sub 8-46-43, Public Rec- Lantana, FL 33462 (Recording)
ords, Palm Beach County, FL.
(Lake Ida Road)
E50'of W225' of N160'of Wl/2 Tracey Evans $75.00
of Sl/2 of Lot 5, Sub 8-46-43, Wilhelmena Evans 35.00 (Adm. Cost)
Public Records, Palm Beach 710 Lake Ida Road (Recording)
County, FL (710 Lake Ida Rd) Delray Beach, FL 33445
Lot 22, Sundy & Tenbrook Addn Marie J. Wells $10.00
to Delray, PB12, P32, Public 310 Washington Ave. 11.67 (Adm. Cost)
Records, Palm Beach County, FL Delray Beach, FL 33444 (Recording)
(S.W. 4th Avenue)
Lot 23, Sundy & Tenbrook Addn Marie J. Wells $10.00
to Delray, PB12, P32, Public 310 Washington Ave. 11.67 (Adm. Cost)
Records, Palm Beach County, FL Delray Beach, FL 33444 (Recording)
(S.W. 4th Avenue)
Lot 24, Sundy & Tenbrook Addn Marie J. Wells $10.00
to Delray, PB12, P32, Public 310 Washington Ave. 11.66 (Adm. Cost)
Records, Palm Beach County, FL Delray Beach, FL 33444 (Recording)
(S.W. 4th Avenue)
E50' of W450' of S135' of W Carrie Williams $18.00
1/2 of Sl/2 of Lot 5, Sub 8- 615 N.W. 4th Street 35.00 (Adm. Cost)
46-43, Public Records, Palm Delray Beach, FL 33444 (Recording)
Beach County, FL
615 N.W. 4th Street)
Lot 6, Blk 65, Town of Delray, Wm A. & Elizabeth Perry $12.50
PB2, P20, Public Records, 38 High Avenue 17.50 (Adm. Cost)
Palm Beach County, FL Nyack, NY 10960 (Recording)
(321 N. Swinton Ave.)
Lot 7, Blk 65, Town of Delray, Wm Ao & Elizabeth Perry $12.50
PB2, P20, Public Records, 38 High Avenue 17.50 (Adm. Cost)
Palm Beach County, FL Nyack, NY 10960 (Recording)
(321 N. Swinton Ave.)
Lot 26, Blk 2, Southridge, PB Charles M. Cook $25.00
13, P38, Public Records, Palm 321 Southridge Road 35.00 (Adm. Cost)
Beach County, FL Delray Beach, FL 33444 (Recording)
(Southridge Road)
Lot 32, Blk 32, Town of Delray, Roger Johnson $25.00
PB1, P3, Public Records, 2213 Hood Street 17.50 (Adm. Cost)
Palm Beach County, FL Hollywood, FL 33020 (Recording)
(SW 5th Ave.)
Lot 33, Blk 32, Town of Delray, Roger Johnson $25.00
PB1, P3, Public Records, 2213 Hood Street 17.50 (Adm. Cost)
Palm Beach County, FL Hollywood, FL 33020 (Recording)
(SW 5th Ave.)
VIOLATION IS: Section 13-13. Lands to be kept free of debris, vegetation,
matter constituting hazards; declared nuisance.
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