Res 44-04RESOLUTION NO. 44-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELHAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JI/NKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, ~ DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 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 90.02
and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 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) as required by Chapter 90 of the
Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did remove said junked and/or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 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 COMMISSION 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 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 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 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 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 Commission of the City of Delray Beach on the 8th day of June, 2004
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 payable 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 and 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 necessary, the costs of such proceedings including a reasonable
attorney's fee.
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 8%, and collection costs including a reasonable attorney's fee.
Res. No. 44-04
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 of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the 8th .day of
June 2004.
ATTEST:
Acting City Clerk
Res. No. 44-04
3
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER I ASSESSMENT
SEC 20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 OF
LOT 11 (LESS E 33 FT SWlNTON AVE & S 20 FT
SW 8TH RD PJVV) PB 26, P 68, PUBLIC RECORDS BEREA EVAN. MISS. BAPTIST
OF PALM BEACH COUNTY, FL CIO JOSEPH J. FRANCOIS &
710/714 SOUTH SWlNTON AVENUE) M. DOLCINE/DIRECTORS
PC# 12 43 46 20 01 011 0021 251 ROSS DRIVE
OUST ID # 8441/35616 DELRAY BEACH, FL 33445 $ 45.00
SEC 20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 OF
LOT 11 (LESS E 33 FT SWlNTON AVE & S 20 FT
SW 8TH RD RNV) PB 26, P 68, PUBLIC RECORDS BEREA EVAN. MISS. BAPTIST
OF PALM BEACH COUNTY, FL CIO JOSEPH J. FRANCOIS &
(710/714 SOUTH SWlNTON AVENUE) M. DOLCINE/DIRECTORS
PC # 12 43 46 20 01 011 0021 251 ROSS DRIVE
CUST ID # 8441/35616 D~L~RAY BEACH, FL 33445 $ 45.00
S 30.5 FT OF LOT 22 & N 39.5 FT OF LOT 23,
BLOCK 10, PB 3, P 2, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(918 SE 3RD AVENUE) JEAN A. DORILAS &
PC # 12 43 46 21 01 010 0221 MARLEINE C. DORILAS
CUST ID # 5655/35603 732 SE 3RD AVENUE
DELRAY BEACH, FL 33483 $ 45.00
I
DELRAY MANOR ADD TO DELRAY, LOT 85 &
W 10 FT OF LOT 86, PB 12, P 59,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MINOCOL KEDGER &
(903 SW 6TH AVENUE) JAMES LEDGER
PC # 12 43 46 20 12 000 0850 903 SW 6TH AVENUE
CUST ID # 10444/35604 DELRAY BEACH, FL 33444 $ 45.00
SUNSET PAR~)ELRAY, LOT 52, PB 12, P 65
PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(1019 MANGO DRIVE) RENE RAMOS
12 43 46 20 16 000 0520 1019 MANGO DRIVE
CUST ID # 10382/33135 DELRAY BEACH, FL 33444 $ 45.00
Res. No. 44-04
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
SUNSET PARK DELRAY, LOT 13, PB 12, PB 65
PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
1054 SUNSET AVENUE) ESTONE MERVIL
12 43 46 20 16 000 0130 1054 SUNSET AVENUE
CUST ID # 10383/33136 DELRAY BEACH, FL33444 $ 45.00
TOWN OF DELRAY, S 50 FT OF N 485 FT OF
W 135 FT OF BLOCK 13, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SALLIE M. COLE &
(37 SW 7TH AVENUE) EVELYN C.FELTON
12 43 46 16 01 013 0060 37 SW 7TH AVENUE
CUST ID # 10384/33137 DELRAY BEACH, FL33444 ! $ 45.00
DELRAY SHORES 1ST ADDITION, LOT 12, BLOCK 7,
PB 24, P 233, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
2920 DORSON WAY) CHARLES R. OXIDINE
12 43 46 07 02 007 0120 2920 DORSON WAY
CUST ID # 10385/33138 DELRAY BEACH, FL 33445 $ 45.00
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR
- LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS;
DECLARED NUISANCE
II I
5
Res. No. 44-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~ ~ - REGULAR MEETING OF JI/NE 8. 2004
RESOLUTION NO. 44-04
DATE: JUNE 4, 2004
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from eight (8) properties within the City.
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.
Recommend approval of Resolution No. 44-04.
Agmemo.AV.Res No 44-04
RESOLUTION NO. 44-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUA~NT TO CH3kPTER 90 OF THE CODE OF OP~DIN~/~CES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUIS~-NCES BY
REMOVING JUNKED A~ND/OR'ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUDJ~ COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH A~ATEMENT AND LEVYING SAID COSTS; PROVIDING FOR A/~ EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND DECL~qING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR I/NPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 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 90.02
and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 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) as required by Chapter 90 of the
Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did remove said junked and/or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance(s); and,
WHEREAS,
Chapter 90 of the
City Commission a
aforesaid; and,
the City Manager of the City of Delray Beach has, pursuant to
Code of Ordinances of the City of Delray Beach, submitted to the
report of the costs incurred in abating said nuisance(s) as
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 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 COMMISSION OF THE CITY OF
DELR3kY 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 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 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 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 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 Commission of the City of Delray Beach on the
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 payable 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 and 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 necessary, the costs of such proceedings including a reasonable
attorney's fee.
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 llen shall become
effective on the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable attorney's fee.
Res. No. 44-04
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 of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the day of
, 2004.
ATTEST:
MAYOR
City Clerk
Res. No. 44-04
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
SEC 20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 OF
LOT 11 (LESS E 33 FT SWINTON AVE & S 20 FT
SW 8TH RD R/W) PB 26, P 68, PUBLIC RECORDS BEREA EVAN. MISS. BAPTIST
OF PALM BEACH COUNTY, FL CIO JOSEPH J. FRANCOIS &
710/714 SOUTH SWINTON AVENUE) M. DOLCINE/DIRECTORS
PC# 12 43 46 20 01 011 0021 251 ROSS DRIVE
CUST ID # 8441/35616 DELRAY BEACH, FL 33445 $ 45.00
SEC 20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 OF
LOT 11 (LESS E 33 FT SWINTON AVE & S 20 FT
SW 8TH RD RNV) PB 26, P 68, PUBLIC RECORDS BEREA EVAN. MISS. BAPTIST
OF PALM BEACH COUNTY, FL C/O JOSEPH J. FRANCOIS &
710/714 SOUTH SWINTON AVENUE) M. DOLCINE/DIRECTORS
PC # 12 43 46 20 01 011 0021 251 ROSS DRIVE
CUST ID # 8441/35616 DELRAY BEACH, FL 33445 $ 45.00
S 30.5 FT OF LOT 22 & N 39.5 FT OF LOT 23,
BLOCK 10, PB 3, P 2, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
918 SE 3RD AVENUE) JEAN A. DORILAS &
PC # 12 43 46 21 01 010 0221 MARLEINE C. DORILAS
OUST ID # 5655/35603 732 SE 3RD AVENUE
DELRAY BEACH, FL 33483 $ 45.00
DELRAY MANOR ADD TO DELRAY, LOT 85 &
W 10 FT OF LOT 86, PB 12, P 59,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MINOCOL KEDGER &
903 SW 6TH AVENUE) JAMES LEDGER
PC # 12 43 46 20 12 000 0850 903 SW 6TH AVENUE
OUST ID # 10444/35604 DELRAY BEACH, FL 33444 $ 45.00
SUNSET PARK DELRAY, LOT 52, PB 12, P 65
PUBLIC RECORDS OF PALM BEACH
'COUNTY, FL
(1019 MANGO DRIVE) RENE RAMOS
12 43 46 20 16 000 0520 1019 MANGO DRIVE
CUST ID # 10382/33135 DELRAY BEACH, FL 33444 $ 45.00
Res. No. 44~04
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
SUNSET PARK DELRAY, LOT 13, PB 12, PB 65
PUBliC RECORDS OF PALM BEACH
COUNTY, FL
(1054 SUNSET AVENUE) ESTONE MERVIL
12 43 46 20 16 000 0130 1054 SUNSET AVENUE
CUST ID # 10383/33136 DELRAY BEACH, FL33444 $ 45.00
TOWN OF DELRAY, S 50 FT OF N 485 FT OF
W 135 FT OF BLOCK 13, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SALLIE M. COLE &
(37 SW 7TH AVENUE) EVELYN C.FELTON
12 43 46 16 01 013 0060 37 SW 7TH AVENUE
CUST ID # 10384/33137 DELRAY BEACH, FL33444 $ 45.00
DELRAY SHORES 1ST ADDITION, LOT 12, BLOCK 7,
PB 24, P 233, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(2920 DORSON WAY) CHARLES R. OXIDINE
12 43 46 07 02 007 0120 2920 DORSON WAY
CUST ID # 10385/33138 DELRAY BEACH, FL 33445 $ 45.00
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR
LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS;
---- DECLARED NUISANCE
II I
5
Res. No. 44-04