Res 107-83 RESOLUTION NO. 107-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELi{AY
BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF DELi{AY BEACH, ASSESSING CO~TS ·
FOR ABATING NUISANCES UPON CEi~AIN LAND(S) LOCATED WITHII~
THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN-
CUP, RED 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 A~b
INTEREST ON A$SESS~TS; PROVIDING FOR THE R~-CORDING OF
THIS RESOLUTION, AND DECLAi{ING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPE~Y FOR UNPAID ASSESSMENTS; PRO-
VIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City ~nager or his designated represen:ative has,
pursuant to Chapter 13 of the Code of Ordinances, declareU t/]e existence
of a nuisance upon certain lots or parcels of land, described in the
list attached hereto and made a part hereof, for violation o~ the pro-
visions of Chapter 13 of the Code of Ordinances; and,
?~EREAS, pursuant to Section 13-16 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represen:a-
tive has inspected said land(s) and has determined that a nuisance
existed in accordance with the standards set forth in Chapter i3 of the
Code of Ordinances, and did furnish the respective owe%er(s) of the
land(s) described in the attached list with written notice of ~ublic
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 proceea
to correct this condition by abating such nuisance, and thaU 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 propert~
owner(s) did reqUest and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance(s) within rive (5i days
subsequent to the rendering of a decision adverse to the property
owe%er(s) (thirty-five (35) days for violation of 13-14); anU,
WHEREAS, the City of Delray Beach, through the City A=minisnra-
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 amating the
subject nuisance(s) existing thereon as described in the no=ice; an~,
WHEREAS, the City ~nager of the City of belra~ ~each has,
pursuant to Chapter 13 of the Code of Ordinances of the City o~ belray
Beach, submitted to the City Co%Lncil a report o~ the costs ~ncurred in
abating said nuisance(s) as aforesaid, said report in~icatin9 the costs
per parcel of land involved; and,
$~EREA$, the City Council o~ the Cit~ o~ Delray Beach, pursuant
to Chapter 13 of the Code of Ordinances desires to assess the cost oz
said nuisance(s} against said propert~ owner(s) ,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH~ CITY
OF DELRAY BEACH, FLORIDA, A.~ FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City ¥~nager of the City of Delray Beach, involvin9
the City's cost of abating the aforesaid nuisances upon ~he 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 against the parcel(s)
of land described in said report and in the amount(s) indicated th~ereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in ~ 3, become a lien upon =he
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 :axes
and shall be collectible in the same manner and with the same penaities
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 sai= assessments 'are
levied.
Section 3. That the City Clerk of the City of Lelray 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 oz the
County Tax Assessor, notice(s) that the City Council oz the Cl~y of
Delray Beach on the 6th day of December, 1983,
has levied an assessment agains: said property for the cost of aba=emen:
of said nuisance by the City, and that said assessment is due and pay-
able within thirty (30) days after the mailing date of said notl¢e of
assessment, after which a lien shall ~e place~ on said property, an=
interest will accrue at the rate of 8% per annum, plus reasonaUle
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall becon~ effective thirty
(30) days from the date of a~option, aha the assessment(s) contained
herein shall become due and payamle thirty (30) days a~ter t~e mailing
date of the notice of said assessment(s), after Which a ilen shall De
placed on said property(s), and interest ~hail 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 t~at payment has not been re-
ceived by the City Clerk within thirty (30) days after =ne 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 recor=ing 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 th~s the 6th
day of December ' , 1983 . ~.
ATTEST:
-2- ~es. No. 107-83
CO~T OF ABATING NUISANCES C~qDER CHAFFER 13
OF THE (DEE OF ORDINANCES
PROPER~Y EE SCRIPTICN C~I~ER aSSES~NT
* Lot 353, Tropic Isle, PB 25, Thomas & Patricia Flynn $ 225.00
P 36, Public Records, Palm Beach 11 Stoneheng~ Lane 35.U0 (~,. Cost)
County, Fla. (Hyacinth Drive). ~'~luerne, PA 19355 5.13 (Record/rig;
$ 265.13
* Lot 339, Tropic Isle, PB 25, %~arren W. Stevens ~ 600.00
P 36, Public Records, Palm Beach 4307 Westfield Ave. 35.00 (Adm. Cost)
County, Fla. (Hyacinth Drive). Pennsauken, NJ 08110 5.14 (N~cording)
~ 640.14
* Lot 8, Block 38, PB 11, P 34, Elizabeth Bain $ 600.00
Public Records, Palm Beach %Clarence ~'.~tchell 35.00 (Adm. Cost)
County, Fla. (S.W. 3rd A~_nue). 6621 S. Uni~_rsity Ave. 5.13 (Necord~ng;
Ozicago, IL 60637 $ 640.13
VIOLATIC~ IS:
Sec. 13-12. Lands to be k~pt free of d~hris, vegetation, matter constituting hazards; declared
Sec. 13-13. %~eds, trash, certain vegetation, etc., declared a public
- 3 - i~s. No. 107-03