Res 94-84 RESOLUTION NO. 94-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
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
THH CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN-
CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO-
VIDING 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; PRO-
VIDING 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 pro-
visions 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 representa-
tive 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
fifteen (15) days from the date of said notice (forty-five (45) 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 ten (10) 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 nuis-
ance(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 five (5) 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 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 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 rgport of the City Manager of the City of Delray Beach, involving
the City's 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 thirty (30) days
after mailing of the notice described in S 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
~re 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 4th day of December, 1984,
has levied an assessment against said property for the cost of abatement
uf said nuisance by the City, and that said assessment is due and pay-
able within thirty (30) days after the mailing date of said notice of
.ssessment, 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 neces-
sary, the costs of such proceedings including a reasonable attorney's
fee.
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 records 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 sub-
ject 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 4th
day of December , 19 84. ~~~
ATTEST:
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COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE CF O~DIN~q2ES
PROPERLY DESCRIPTI(~ GNNER ASSESSMENT
* Lots 1 & 2, Blk 2, Delray Beach Rid~ard T. & Ruth Clements $ 80.00
Hgts., PB 26, P 83, Public Rec- % Roger G. Saberson 35.00 (Adm. Cost)
ords, Palm Beach County, FL 110 E. Atlantic Avenue 5.80 (Recording)
(S.W. 15th Avenue) Delray Beach, FL 33444 $120.80
* Lot 440, Tropic Isle Sec. 4, PB Eric & Veronic~ Cherzy $120.00
25, P 69 & 70, Public Records, 51 Geralir~ Drive 35.00 (Adm. Cost)
Palm Beach County, FL .Muttontown, NY 11791 5.80 (Reoording)
(Ja~nine Drive) $160.80
* Lot 29, Blk 4, Sunflo~_r, PB 31, Roger Shock $ 65.00
P 36, Public ~cords, Palm Beach & Evelyn Russo 35.00 (Adm. Cost)
County, FL (3726 N.W. 8th St.). P.O. Box 4382 5.80 (Recording)
Lantana, FL 33465 $105.80
* VIOfATI~ IS: Sec. 13-12. Lar~s to be kept free of debris, vegetation, matter
constituting hazards; declared nuisance.
Sec. 13-13. Weeds, Trash, certain vegetation, etc., declared a
public nuisance.
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