§ 100.26. ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S FEES; LIEN.

As soon after the abatement as feasible, the City Manager shall report to the City Commission the cost of the abatement, including the cost of inspection and administration. Thereafter, the Commission shall by resolution assess the cost against the subject parcel. This resolution shall describe the property assessed, show the actual cost of abatement, costs of inspection and administration, and indicate that the assessment shall bear interest at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, that the property owner would be required to pay the cost of the proceedings including a reasonable attorney's fee. This resolution shall become effective thirty (30) days from the date of adoption, and the assessment contained therein shall become due and payable thirty (30) days after the mailing date of the notice of assessment. In the event that payment has not been received within thirty (30) days after the mailing date of the notice of assessment, the City Clerk shall record a certified copy of the resolution in the public records of the County, and file a lien on the property, which shall become effective on the subject property to secure the actual cost of abatement, costs of inspection and administration, collection costs and a reasonable attorney's fee without further notice to the property owner. At the time the City Clerk sends the notice of assessment, the following notice shall also be mailed to the property owner in substantially the following form:

NOTICE OF LIEN

Date: ____________

TO: _____

ADDRESS: _____

You are hereby advised that the City of Delray Beach did on or about the ____________ day of ____________ , 20 ____________ , abate the nuisance which was found to exist on your property. The nuisance was abated at a cost, including costs of inspection and administration, of ____________ . In accordance with the Code of Ordinances, if the required payment is not received within thirty (30) days of the date of mailing this notice of assessment, a lien shall be recorded against your property in the form of the attached resolution, and NO FURTHER NOTICE OF LIEN SHALL BE SENT PRIOR TO RECORDING A LIEN ON YOUR PROPERTY. Please take notice that the resolution, in addition to the original cost of the abatement, requires payment of eight (8) percent interest per annum and the cost of collection includes a reasonable attorney's fee.

When the City of Delray Beach has received payment for such lien, the City Manager or his designated representative will execute a release to remove the lien from your property. The cost of recording the release of lien shall be borne by you. The City may enforce the assessment by either an action at law or foreclosure of the lien provided in Section 100.26 and 100.27, 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 eight (8) percent from the date of assessment, collection costs 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.

City of Delray Beach

By:  _____
City Clerk

(Code 1980, § 13-25; Ord. No. 75-83, passed 11/22/83; Am. Ord. No. 41-89, passed 7/25/89; Ord. No. 41-05, § 7, passed 6/21/05)