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Res 64-81 RESOLUTION NO. 64-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDI~ANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE 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, ~,~EREAS, 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 thirty (30) days from the date of said notice (ninety (90) 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 twenty (20) days from the date of said notice, failing in which the City of Delray Beach would proceed to ccrrect this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, ~EREAS, 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 fifteen (15) days subsequent to the rendering of a decision adverse to the property owner(s) (sixty (60) days for violation of 13-!4); and, ~'~EREAS, 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, ~EREAS, 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 report 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 ~ 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 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 llth day of August, 1981 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 pay- able within thirty (30) 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 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 prcceedings 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 llth day of August , 19 81 . MAYOR" LEON H. WEEKES ATTEST: City Clerk -2- Res. No. 64-81 COST OF ABATING NUISANCES UNDER CHAPTER 13 OF THE CITY CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT All of Lot 9 & N 49.7' of The Love Company $150.00 Lot 10, Block 60, City of c/o James L. Love, Jr. Delray Beach, as recorded P.O. Box 940 in Plat Book 1, Page 3, of Delray Beach, Fla. 33444 the Public Records of Palm Beach County, Florida 36 North Swinton Avenue Sec. 13-12 - lands to be kept free of debris, vegetation, matter constituting hazards. Sec. 13-13 - excessive or offensive undergrowth, weeds, accumulations declared nuisance.