Res 26-85 RESOLUTION NO. 26-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 27 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR REMOVAL OF INFECTED TREES UPON CERTAIN LAND(S) LO-
CATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH REMOVAL AND
LEVYING THE COST OF SUCH; 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 Director of Parks and Recreation and the City Man-
ager or his designated representative have, pursuant to Chapter 27 of the
Code of Ordinances, declared the existence of a public 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 27, Article
II, of the Code of Ordinances regarding Lethal Yellowing; and,
WHEREAS, pursuant to Section 27-18 of the Code of Ordinances of
the City of Delray Beach, the Director of Parks and Recreation, 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 27 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 27-18 and 27-19 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 they must
abate said nuisance by removal of the infected trees, 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 request a hearing to contest
same; and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion 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 Director of Parks and Recreation has certified to
the Director of Finance the expenses incurred by the City in such removal,
and the City Manager of the City of Delray Beach has, pursuant to Chapter
27 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 27 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 Cityms cost of abating the aforesaid nuisances upon the lots or par-
cels 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 sixty (60) days after the
certification to the Director of Finance and after mailing of the notice
described in Section 3, below, 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 a special assessment lien in favor of the City of Delray
Beach, except that the City of Delray Beach may file suit to foreclose
such lien at any time after the expiration of sixty (60) days from the
date the assessment was certified to the Director of Finance.
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 airected 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 26th day of March, 1985, 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 sixty (60) 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 eight
percent (8%) per annum from the date such payment becomes delinquent, plus
reasonable attorneyts fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective sixty
(60) days from the date of adoption, and the assessment(s) contained
herein shall become due and payable sixty (60) 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 percent
(8%) per annum from the date such payment becomes delinquent plus, if
collection proceedings are necessary, the costs of such proceedings in-
cluding a reasonable attorney's fee.
Section 5. That in the event that payment has not been received
by the City Clerk within sixty (60) days after the mailing date of the
notice of assessment, the City Clerk is hereby directed to record a certi-
fied 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 eight
percent (8%) per annum from the date the payment became delinquent, and
collection costs including a reasonable attorneyms fee.
Section 6. That at the time the City Clerk sends the certified
copy of this resolution for recording, a notice of lien shall be mailed to
the property owner.
PASSED AND ADOPTED in regular session on this the 26th day of
March , 1985.
ATTEST:
~~Jlt' Clerk
-2- Res. No. 26-85
CObOl (F ABATING NUISANCES LIEDER CHAPTER 27
OF THE C~OE OF ~DINAN~ES
Sub. 8-46-43, E 160' of N 134' of Jeffrey & E~e Fee $ 55.00
S 215' of Lot 10/less E 15' Rd R/W, 704 N. Swinton Avenue 35.00 (Adm. Cost)
PB 1, P 3, Public Records, Palm Delray Beach, FL 33444 13.60 (Recording)
Beach County, FL (704 N. Swinton $103.60
Avenue).
ViOLATION IS: Sec. 27-15. Nuisance declared.
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