Res 77-85 RESOLUTION NO. 77-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY ~EACH,
FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIll OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR
PROVIDING CERTAIN PREVENTATIVE ACTION TO BE TAKEN IMME-
DIATELY AND WITHOUT NOTICE TO PREVENT INJURY UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATE-
MENT AND LEVYING THE COST OF SUCH PREVENTATIVE ACTION;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST 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 Building Official or his designated representative has, pursuant to
Chapter 9, Article XIH 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 9 and those Codes
adopted in Chapter 1l of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 9, Article XHI 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 a unsafe building existed in accordance with the standards set forth in Chapter 9
and/or Chapter 11 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 9, Article XHI of the Code of
Ordinances describing the nature of the violations and sent notice that the building was to be vacated
within three (3) days from notice 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 one hundred and twenty (120)
days, 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.
WHEREAS, pursuant to 9-471 (4) the Chief Building Official determined that an immediate
peril existed and that certain preventative action must be taken immediately without notice to
prevent injury or destruction of property, to wit the Building Official caused plywood to be placed on
all accessible door and window openings of vacant apartments and in doing so incurred costs in the
amount $3,780.71. Pursuant to 39-483 Delray Beach Code of Ordinances a 10% Administrative charge
may be added to the actual expenses incurred by the City of Delray Beach.
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 9-483 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 condition 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 9, Article
VIH 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 COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of four thousand one hundred fifty eight dollars
~end seventy ~i~ht cents ($4,158.78) as shown by the report of the City Manager of the City of Delray
ach, invo'lvm~ the City's cost of boarding up the accessible door and window openings to prevent
injury or destruction of property 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 shaH, if not
paid within thirty (30) days after mailing of the notice described in Section 9-483 become a Hen 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 10th day of September, 1985 has levied an assessment against said property for the cost of boarding
up the accessible door and window openings to prevent injury or destruction of property by the thirty
(30) days after the mailing date of said notice of assessment, after which a lien shall be plaeed on said
property, and interest will accrue at the rate of 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 (6) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings include 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 6%,
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 as it may
be amended to apply to requirements of Chapter 9, Article VI/L, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the 10th day of
September ,1985. ~~
Res. No. 77-85
-2-
September 6, 1985
Jimmie A. Howard and
LuciUe N. Howard
902 N.W. 1st Street
Delray Beach, FL, 33444
Mr. Thomas Van Hook
Cartaret Savings and Loan
200 South Street
Morristown, HJ 07960
NOTICE OF INTENT TO FILE A LIEN
la Amount of $4,158.78
LEGAL DESCRIPI'ION:
N44.7' of Lot 6 and South 5.3
of Lot 5, and S. 19.4' of the
N. 69.4' of Lot 5, 8lock 28, 8ook l,
Page 3 Delray Beach, Palm Beach County, Florida
In accordance with Chapter 9, Article VIII of the Code of Ordinances of the City of
Delray Beach, Florida, the building official notified the above property owners by
certified mail on August 5, 1985 that the property described above and otherwise known as
1'/ N.W. 5th Avenue Delray Beach, Florida wu In violation of Chapter 9, Article VIII,
Delray Beach Code of Ordinances and ordered the building vacated.
The building official of the City of Delray Beach, Florida pursuant to S 9-471(4), Delray
Beach Code of Ordinances determined that an immediate peril to life and public welfare
existed at the above-described property due to the substandard condition of the building
and the use of buildings by non residents.
The building official pursuant to S 9-471(4) determined that preventive action must be
taken immediately without prior notice to keep the non residents out of the buildings to
prevent serious bodily injury or destruction of property and caused all accessible door and
window openings of vacant apartments to be tightly fit with plywood on the outside on
August 27, 1985. The actual expenses incurred to the City for the work to date is
$3,780.71. Pursuant to S 9-483 Delray Beach Code of Ordinances a 10% administrative
charge may be added to the actual expenses incurred by the City of DeIray Beach.
The property owner is authorized to, appeal the costs of the emergency action taken by
the City of Oelray Beach pursuant to S 9-471(4) by filing a notice of appeal.
The City of Delray Beach, through its administration will seek to coUeet those expanses
referenced above. The process of coUection shall begin on Tuesday, September 10, 1985
COUt4TY OF PALM BEACH
The foregoing instrument was acknowledged before me this 9th day of
September, 1985 by James Johnson, Chief Building Official.
SWORN TO AND SUBSCRIBED before me this C/Y'A day of
Nota)'y Public
My Commission Expires:
N~TiJY I~UILI~ ST< C~