§ 7.8.21. Recovery of cost of demolition; liens.

(A)

Whenever the Chief Building Official or his designee is required to take emergency action as described in Section 7.8.12(C) or where compliance with a Final Notice is effected by the City, the City administration is authorized and directed to keep an accurate account of all expenses incurred, including but not limited to photographs, recording notices and affidavits, demolition, vacation, barricading, boarding-up, title searches, mailings, asbestos inspections, septic tank emptying, fencing, asbestos removal, utility disconnections, legal notice advertising or any other expenses necessitated by the demolition or board-up of the building/structure, and based upon same certify the cost involved for that work with respect to each parcel of property. The City shall also add to the total of such costs a ten percent administrative charge to cover the expense of administering and inspecting the work performed, overhead, and other contingent expenses. The cost of advertising shall be added to the total costs as a separate expense.

(B)

If the City has the condition abated and payment is not received within 30 days after the mailing of an invoice for the appropriate expenses incurred together with administrative costs, an invoice requesting payment of the total costs and administrative charges shall be sent to the last known address of the record owner. In the event the invoice remains fully or partially unpaid 30 days after the date of mailing the invoice, the cost shall be reported by the City Manager to the City Commission. Thereupon the City Commission shall, by resolution, assess that cost against the parcel. The resolution shall describe the land and show the cost of effecting compliance, whether by demolition and removal or otherwise, actually incurred by the City and the additional ten percent administrative expenses. The assessment shall also include costs of collection and reasonable attorney fees, and shall be legal, valid, and binding obligations against the subject property. The resolution shall become effective 30 days from the date of adoption, and the assessment contained therein shall become due and payable no later than 30 days after the mailing date of the Notice of Assessment, after which interest shall accrue at the rate of eight percent per annum on any unpaid portion.

(C)

The City shall send an invoice for the total amount due, a copy of the Notice of Assessment along with a copy of the Commission resolution, to the last known address of the record owner. Service shall be by personal delivery or by certified mail, postage prepaid, return receipt requested. In the event that the assessment remains fully or partially unpaid after 30 days of the mailing date or personal delivery of the Notice of Assessment, the City shall cause to be recorded in the official records of the County, against those properties for which payment in full has not been received, an affidavit certifying: that a resolution assessing those costs against the subject property was passed by the City Commission; the amount remaining unpaid including recording costs and any additional administrative costs authorized by City policies; the date the resolution was passed and the number of the resolution; that the assessment remains unpaid as of the date of the affidavit; that interest in the amount of eight percent per annum of the unpaid balance shall accrue; and that the affidavit is recorded by the City pursuant to this chapter. In the event payment in full with interest accrued is received, the City shall cause a satisfaction for such assessment to be recorded. The Notice of Assessment resolution shall be in substantially the following form:

CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT

____________
DATE

TO: _____

ADDRESS: _____

PROPERTY: _____

You, as the record owner of, or holder of an interest in, the above described property are hereby advised that a cost of ____________ by resolution of the City Commission of the City of Delray Beach, Florida, dated ____________ , 19 ____________ , 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 ____________ that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. ____________ You failed to appeal the decision of the Chief Building Official to the Board of Adjustment 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 Building Official to the Board of Adjustment. You were given written notification on ____________ that you were required to take the corrective action required by the decision of the Board of Adjustment within a stated period of time. You failed to take the action as required by the order of the Board of Adjustment. ____________ You appealed the decision of the Building Official to the Board of Adjustment on ____________ . The Board of Adjustment upheld the decision of the Building Official.

The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on ____________ at a cost of ____________ which includes a ten percent administrative fee. If you fail to pay this cost within 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 ASSESSMENTS 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 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.

Copies of all notices referred to in this notice are available in the office of the Chief Building Official.

BY ORDER OF THE CITY COMMISSION.

____________
City Clerk

(D)

The City may enforce the assessments 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 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.