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

(A)

Assessment. As soon after the abatement as is feasible, the City Manager shall report to the Commission the cost of the abatement, including the costs of inspection and administration. Thereafter, the Commission shall by resolution assess the cost against any or all of the assets of the owner of the property or against the property from which the vehicle was removed. The resolution shall describe the property assessed, including 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. The resolution shall become effective immediately upon adoption, and the assessment contained therein shall become due and payable after the mailing date of the notice of the assessment. In the event that payment has not been received within the 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 upon the date and time of recording the certified copy of the resolution a lien shall become effective on the subject property which shall secure the cost of abatement, including costs of inspection and administration, and collection costs including a reasonable attorney's fee. At the time the City Clerk sends the certified copy of the resolution for recording, a 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 ____________ / ____________ / ____________ , 19 ____________ , 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 City Ordinances, my office has previously mailed to you a notice of assessment requesting payment. The required payment has not been received; therefore, pursuant to City Ordinance requirements, a lien has been recorded against your property in the form of the attached resolution. 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 including a reasonable Attorney's fee. At such time as the City of Delray Beach has received payment for such lien, the City Manager or his designated representative will execute a release thereof to remove the lien from your property, the recording cost of which shall be borne by you.

CITY OF DELRAY BEACH

By: _____

(B)

Enforcement of Assessment. 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 eight (8) percent from the date of assessment, collection cost, and reasonable attorney's fees.

(Ord. No. 74-86, passed 11/11/86)