Res 18-84 RESOLUTION NO. 18-84
A RESOLUTION OF THE CITY COUNCIL OF THE CIT~ OF DELkAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 27 OF T'~6. CODE OF
ORDINA~{CES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR RE~4OVAL OF INFECTED TREES UPON CERTAIN L~iND(~) LO-
. CATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCO~PLISH SUCH REMOVAL
LEVYING THE COST OF SUCH; PROVIDING FOR AN EFFECTIVE DATE
AND FOR A DUE DATE AND iNTEREST ON ASSESSMENTS; PROVIDiN~
FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSF~ENT$; PROVIDING FOR THE ~.~%ILING OF NOTICE OF
W~EREA$, the Director of Parks an~ Recreation and the City ~an-
ager or his designated rePresentative have, pursuant to Chap=er 27 of the
Code of Ordinances, declared the existence of a public nuisance upon
certain lots or parcels of lan~, described in the list attache= hereto and
made a part hereof, for violation o~ the provisions of Chapter 27, Article
II, of the Code of Ordinances regarding Lethal Yellowinp; and,
~ER~A$, pursuant to Section 27-18 o~ the Co~e 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 ~id ~urnish the
respective owner(s) of the land(s) described in the attache= 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 sen=
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 whicn the
City of Lelray Beach would proceed to correct this con=~t~on by abatin9
such nuisance, and that the cost thereof would be levied-as an assessment
against said property; and,
WHEREAS, the property ow~e~(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 hearin9 to contest
same; and,
WHEREAS, the City of Delra~ Beach, through the City A~minlstra-
tion or such agents or contractors hired by the City Adn,inistration wasi
therefore required to and did enter upon the land(s) aescribed in une list
attached and made a part hereof and incurred costs in abatin~ the suD3ec=~
nuisance(s) existing thereon as described in the notice; aha,
WHEREAS, the Director of Parks and kecreation has certified to
the Director of Finance the expenses incurred by the City in such ren~oval,
and the City ~'~nager of the City of Delray Beach has, pursuant to Chapter
27 cf the Code of Ordinances of the City o~ Delray Beach, submit=ed to tn~
City Council a report of the costs incurred in abating sai~ nuisance(s) as
aforesa&d, said report indicating the costs per parcel of lan~ involvea;t
and,
~EREAS, the City Council cf the City of Lelray ~each, pursuantt
to Chapter 27 of the Code of Ordinances desires to assess =he cost o~ saidt
nuisance(s) against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T~E CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
section 1. That assessments in the individual amounts as shown
by the report of the.City hanaper of the City of Delray Ueach, involving
the Ciuy's cost of abating the aforesaid nuisances upon uhe lots or par-
cels of land described in said report, a copy of which is attachea hereto
and made a part hereof, are hereby levied apainst the parcel(s) oi lan=
described in said report and in the amount(sJ indicateu thereon. ~azd
assessments so levied shall, if not paid within sixty (60) days after the
certification to the Director of Finance and after mailing of the nouzce
described in Section 3, below, become a lien upon the respective lous and
parcel(s) of land described in said report, of the same nature and to tne
same extent as a special assessment lien in favor of the City of belray
Beach, except that the City of Delray ueach may ~ile 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 assessmenus shall be legal, valiu an~
binding obligations upon the property against which said assessments are
levied.
~e~tion-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 -'~t~'da~'~f 'February, 1984, .... has levied an assessment against
said property for the cost of abatement of said nuisance by the City, and
that said assessment is due an~ 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 =he rate of eipht
percent (8%) per annum from the date such payment becomes delinquent, plus
reasonable attorney's fees and other costs of collecting said sums.
se~tioh-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 mailin9 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 =he
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 becon~ effective on the subject property
which shall secure the cost of abatement, interest at the rate of e~pht
percent (8%) per annum from the date the payment became delinquent, 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 shall be mailed to
the property owner.
PASSED ~qD ADOPTED in rep~lar session on this the 28th day o~
February .... , 1984.
ATT E b~:
J City~lerk
-2- Res. No. 18-84
COS~ OF ABATING NUISANCES tinDeR G{AP~ER 27
....... r ' OF' TSE'~COSE' OF-ORDINANCES
PROPE~/- rF.~CRI~TICN G~NER ASSE$~NT
* S25' of Lot 13, Lot 14, & N25' William & Barbara E. 5nrray $ 55.00
of Lot 15, Block 66, Plat Book 226 N.E. 1st A~_nue 35.00 (~im. Cost)
2, Page 81, Public Records, Delray Beach, FL 33444 ---7~60 (Record/ng)
Palm Beach Oounty, Florida. $ 97.60
(226 N.E. 1st A~,nue)
* Lot 3, Block 4, Priest's aktn. J.R. & Betty J.. fang $ 55.00
to Atlantic Park Gardens, Plat 326 S.W. 10th A~_nue 35.00 (kim. Cost)
Book 23, Page 70, Public Records, Delray Beach, FL 33444 ---7%60 (Record~n9)
Palm Beach County, Florida. $ 97.60
(209-211 S.W. 14th A~_nue)
* VIOLATIC~ IS:
Section 27-15 - Nuisance declared - Lethal Yellow Disease.
- 3 - F~s. No. 18-84