Res 60-07~~
RESOLUTION NO. 60-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8,
"UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH 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.
WHEREAS, the Building Official or his designated representative has, pursuant to
Article 7.8 of the Land Development Regulations, 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 Article 7.8 and those Codes
adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City
of Delray Beach, the Building Official or his designated representative has inspected said land(s) and
has determined that an unsafe building existed in accordance with the standards set forth in Article
7.8 and/or Chapter 96 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 Article 7.8 of the Land
Development Regulations, describing the nature of the violations and sent notices that the building
was to be vacated 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 such time as the Building Official
determines, said notice also advised that all appeals must be filed within thirty (30) days from the
date of service of the notice and upon 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; and,
WHEREAS, all the notice requirements contained within Article 7.8 have been
complied with; and,
~.
pursuant to ~lrricle /.2i of the 1
abatement action to be done; and,
he Board of Construction Appeals or
order of the Chief Building Official;
nt Regulations the Building Official c
WHEREAS, the City Manager of the City of Dekay Beach has, pursuant to Section
of the Land Development Regulations of the City of Dekay Beach, submitted to the Ciry
fission 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 Commission of the City of Dekay Beach, pursuant to Article 7.8
Development Regulations desires to assess the cost of said condition against said
property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of SEVEN THOUSAND THREE
HUNDRED TEN AND 00/100 DOLLARS ($7,310.00) as shown by the report of the City
Manager of the Ciry of Delray 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 Section 7.8.21 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 assessment 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 certified mail, postage prepaid, return receipt requested, to the owner(s) of the
property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the Ciry of Dekay Beach has levied an assessment against said property for the
cost of abatement action regarding an unsafe building by 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 eight percent (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 percent (8%) per annum plus reasonable
attorney's fee and other costs of collection.
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 eight (8%), and collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this 6~' day of November, 2007.
ATTEST:
City Clerk
Q~
MAYOR
Res. No. 60-07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
DATE: NOVEMBER 2, 2007
SUBJECT: AGENDA ITEM # y ~ ~ REGULAR MEETING OF NOVEMBER 6, 2007
RESOLUTION NO. 60-07
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required for the emergency board-up of an
unsafe structure located at: 1314 SW 22°a Avenue.
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens
against the properties in the event the assessments remain unpaid.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Resolution No. 60-07.
RESOLUTION NO. 60-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8,
"UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTNE
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.
WHEREAS, the Building Official or his designated representative has, pursuant to
Article 7.8 of the Land Development Regulations, 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 Article 7.8 and those Codes
adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City
of Delray Beach, the Building Official or his designated representative has inspected said land(s) and
has determined that an unsafe building existed in accordance with the standards set forth in Article
7.8 and/or Chapter 96 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 Article 7.8 of the Land
Development Regulations, describing the nature of the violations and sent notices that the building
was to be vacated 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 such time as the Building Official
determines, said notice also advised that all appeals must be filed within thirty (30) days from the
date of service of the notice and upon 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; and,
WHEREAS, all the notice requirements contained within Article 7.8 have been
complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or corrective
action was undertaken in accordance with the order of the Chief Building Official; therefore
pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the
abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section
7.8.21 of the Land Development Regulations of the City of Dekay Beach, submitted to the Ciry
Commission 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 Commission of the City of Delray Beach, pursuant to Article 7.8
of the Land Development Regulations desires to assess the cost of said condition against said
property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of SEVEN THOUSAND THREE
HUNDRED TEN AND 00/100 DOLLARS ($7,310.00 as shown by the report of the Ciry
Manager of the City of Dekay a copy of which is attached hereto and made a part hereof, axe
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 Section 7.8.21 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 assessment 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 certified mail, postage prepaid, return receipt requested, to the owner(s) of the
property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach has levied an assessment against said property for the
cost of abatement action regarding an unsafe building by 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 eight percent (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
Res. No. 60-07
property(s), and interest shall accrue at the rate of eight percent (8%) per annum plus reasonable
attorney's fee and other costs of collection.
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 eight (8%), and collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this day of
2007.
MAYOR
ATTEST:
City Clerk
3
Res. No. 60-07
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Jorge L ~daure
ADDRESS: 1314 SW 22"d Avenue, Delray Beach FI 33445
PROPERTY: 1314 SW 22"d Avenue. Delray Beach, FI 33445
LEGAL DESCRIPTION: Delray Beach Highlands Sec 3 Lt 8 Blk 8 ORB 19993,
Page 1633 in the Official Records of Palm Beach County, Florida
You, as the record owner, of, or holder of an interest in, the above described
property are hereby advised that a cost of 7 310.00 by resolution of the City
Commission of the City of Delray Beach, Florida, dated , 20~
has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above-
described property. You were given notice on 4/13/07 that the Chief Building Official
had determined that abuilding/structure located on the above-described property was
unsafe. You were advised in that notice of the action that would be taken to remedy the
unsafe condition and the action would be initiated by the City if you failed to act.
XXX You failed to appeal the decision of the Chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action required by the decision of the Board
of Construction Appeals within a stated period of time. You failed to that the action as
required by the order of the Board of Construction Appeal.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on .The Board of Construction upheld the
decision of the Chief Building Official.
U:unsafeassessment
The City of Delray Beach has therefore taken remedial action to remove the
unsafe condition existing on the above-described property on 09/27/07 at a cost of
7 310.00, which includes aten-percent (Z O%) administrative fee. If you fail to pay this
cost within thirty (30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida against the above
described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COST, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the
Chief Building Official.
BY ORDER OF THE CITY COMMISION
City Clerk
U:unsafeassessment 2
COSTS INCURRED
PICTURES
TITLE SEARCH
PLUMBER
SEPTIC TANK
RECORDING
POSTAGE
POOL CONTRACTOR
DEMOLITION
BOARD UP
INSPECTIONS
TOTAL LESS ADM. FEE
10% ADM. FEE
TOTAL COST
LESS ADVERTISING
ADVERTISING
12.oa
120.00,
23.00
40.00
6,300.00
150.00
b,645A0
665.00
GRAND TOTAL
$ 7,310.00
s/enUunsafWcosts