Res 46-04RESOLUTION NO. 46-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 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 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 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) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s); 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 enter upon the land(s) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 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, said report indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray
Chapter 100 of the Code of Ordinances desires to assess the cost
against said property owner(s),
Beach, pursuant to
of said nuisance(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 upon the lots or parcels of land described in said
report, 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 Sec. 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 as
mortgages and foreclosures are under state law.
Section 2. That such assessments 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. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
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 (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
2
Res. No. 46-04
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.
PASSED AND ADOPTED in regular session on this the 8th .day of
June , 2004.
ATTEST:
Acting City Clerk
3
Res. No. 46-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TROPIC PALMS PLAT NO 1, LOT 264, PB 25, P 99,
PUBLIC RECORDS OF PALM BEACH COUNTY,FL THOMAS DEL FLORE
509 CURLEW RD - VACANT LOT E OF 511) & JULIAN DEL FLORE
12 43 46 29 02 000 2640) 509 CURLEW ROAD
OUST ID NO 10221/29104 DELRAY BEACH, FL 33444 $ 70.75
$ 55.00 ADM FEE
CHATELAINE NO 1, LOT 17, BLOCK 1,
PB 29, P 94, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(3336 AVE VILLANDRY) JOCELYNE PROSPER
12 43 46 12 03 001 0170 7504 SW 178TH TERRACE
CUST ID NO. 10446/35618 MIAMI, FL 33157 $ 157.50
$ 55.00 ADM FEE
TROPIC ISLE 3RD SECTION, LOTS 411 & 412,
PB 25, P 36, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(FLORIDA BLVD VACANT LOT NO 2955) KATHARINE D. MARTENS
12 43 46 28 03 000 4110 589 DEERFIELD DRIVE
CUST ID NO 8844/9522 MELBOURNE, FL 32940-1947 $ 54.25
$ 55.~)0 ADM FEE
RIDGEWOOD HEIGHTS DELRAY, N 35 FT OF
LOT 3, BLOCK D, PB 68, P 5, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL
1107 SW 7TH AVENUE) DANIEL PERALES, EST
12 43 46 20 20 004 0032 1109 SW 7TH AVENUE
CUST ID NO 10434/3__4177 DELRAY BEACH, FL 33444 $ 44.25
$ 55.00 ADM FEE
DELRAY SHORES 1ST ADDITION, LOT 6, BLOCK 17,
PB 28, P 2, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
12 43 46 07 02 017 0060 CLIFFORD RILEY
(600 LAWRENCE ROAD) 600 LAWRENCE ROAD
CUST ID # 10476 DELRAY BEACH, FL 33445 $ 68.50
$ 55.00 ADM FEE
Res. No. 46-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
HOMEWOOD PaRk REPLAT, LOT 1, PB 29, P 13,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(654 WEST DRIVE) JAMES BATMASIAN
12 43 46 19 06 000 0010 ~215 NO. FEDERAL HIGHWAY
CUST ID # 10478 BOCA RATON, FL 33432 $ 48.50
3- 55.00 ADM FEE
TOWN OF DELRAY, LOT 9, BLOCK 81, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
321 & 323 NE 2ND AVENUE) EILEEN MERKEL
12 4346 16 01 081 0090 1355 NW 21ST TERRACE
CUST ID # 10480 DELRAY BEACH, FL 33445 $ 13.25
$ 55.00 ADM FEE
LAKE HEIGHTS, L~TS 2 & 3, BLOCK C,
PB 23, P 206, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL IGOR J. OTETCHESTVENNYI
2402 SEACREST BLVD) & CHRISTINE VURGANOV
12 43 46 04 13 003 0020 2402 SEACREST BLVD.
CUST ID # 10482 DELRAY BEACH, FL 33444 $ 13.25
$ 55.00 ADM FEE
PINE TRAIL~EC 11, W 40 FT OF LOT 1,
BLOCK 7, PB 32, P 153,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
4932 NW 6TH COURT) DONNA D. BRUNER
12 42 46 12 08 007 0011 714 NE 9TH AVENUE
CUST ID # 10490 BOYNTON BEACH, FL 33435 $ 57.50
$ 55.00 ADM FEE
WOODVUE, LOT 11, PB 37, P 19, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL
2320 GREENBRIER DRIVE) RANDOLPH H. PETREN
12 43 46 30 05 000 0110 2320 GREENBRIER DRIVE
CUST ID # 10052 DELRAY BEACH, FL 33445 $ 68.50
$ 55.00 ADM FEE
CHATELAINE NO. 1, LOT 17, BLOCK 1, PB 29,
P 94, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(3336 AVE VILLANDRY) JOCELYNE PROSPER
12 42 46 12 03 001 0170 7504 SW 178TH TERRACE
CUST ID # 10446 MIAMI, FL 33157 $ 97.50
$ 55.00 ADM FEE
Res. No. 46-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
200 NE 5TH AVENUE LLC
l R BENJAMINS SUB, LOT 33, PB 12, P 18, C/O LAW OFFICE
PUBLIC RECORDS OF PALM BEACH COUNTY, FL J.L. GREENBERG
(NE 5TH AVENUE) 4800 NO. FEDERAL HIGHWAY
12 43 46 16 47 000 0330 # 304-D
CUST ID # 10466 BOCA RATON, FL 33431 $ 81.75
$ 55.00 ADM FEE
· - ViOLATiON IS: SECTION 100-01 - LAND TO BE KEPT FREE OF ,
_ DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE. _
II I
Res. No. 46-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~
RESOLUTION NO. 46-04
DATE: JUNE 4, 2004
- REGULAR MEETING OF _ILINE 8. 2004
This is a resolution assessing costs for abatement action required to remove nuisances on twelve (12)
properties throughout the City.
The resoluhon 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. 46-04.
AgmemoCE.Res No 46-04
RESOLUTION NO. 46-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 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 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 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) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s); 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 enter upon the land(s) described in the llst attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 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, said report indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 100 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 upon the lots or parcels of land described in said
report, 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 Sec. 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 as
mortgages and foreclosures are under state law.
Section 2. That such assessments 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. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
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 llen 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
2
Res. No. 46-04
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.
PASSED AND ADOPTED in regular session on this the day of
2004.
MAYOR
ATTEST:
City Clerk
3
Res. No. 46-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER I ASSESSMENT
TROPIC PALMS PLAT NO 1, LOT 264, PB 25, P 99, i
PUBLIC RECORDS Of PALM BEACH COUNTY,FL THOMAS DEL FLORE I
509 CURLEW RDIVACANT LOT E OF 511 ) & JULIAN DEL FLORE
12 43 46 29 02 000 2640) 509 CURLEW ROAD
CUST ID NO 10221/29104 DELRAY BEACH, FL 33444 $ 70.75
$ 55.00 ADMFEE
CHATELAINE NO 1, LOT 17, BLOCK 1,
PB 29, P 94, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
3336 AVE VILLANDRY) JOCELYNE PROSPER
12 43 46 12 03 001 0170 7504 SW 178TH TERRACE
CUST ID NO. 10446/35618 MIAMI, FL 33157 $ 157.50
$ 55.00 ADM FEE
TROPIC ISLE 3RD SECTION, LOTS 411 & 412,
PB 25, P 36, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
FLORIDA BLVD VACANT LOT NO 2955) KATHARINE D. MARTENS
12 43 46 28 03 000 4110 589 DEERFIELD DRIVE
CUST ID NO 8844/9522 ME_LBO_URNE, FL 32940-1947 $ 54.25
$ 55.00!ADM FEE
RIDGEWOOD HEIGHTS DELRAY, N 35 FT OF
LOT 3, BLOCK D, PB 68, P 5, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL
[1107 SW 7TH AVENUE) DANIEL PERALES, EST
12 43 46 20 20 004 0032 1109 SW 7TH AVENUE
CUST ID NO 10434/34177 DELRAY BEACH, FL 33444 ; $ 44.25
" I $~.00 ADM FEE
DELRAY SHORES 1ST ADDITION, LOT 6, BLOCK 17,
PB 28, P 2, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
12 43 46 07 02 017 0060 CLIFFORD RILEY
(600 LAWRENCE ROAD) 600 LAWRENCE ROAD
CUST ID # 10476 DELRAY BEACH, FL 33445 $ 68.50
$ 55.00 ADM FEE
I
Res. No. 46-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
HOMEWOOD PARK REPLAT, LOT 1, PB 29, P 13,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(654 WEST DRIVE) lAMES BATMASIAN
12 43 46 19 06 000 0010 215 NO. FEDERAL HIGHWAY
CUST ID # 10478 BOCA RATON, FL 33432 $ 48.50
$ 55.00 ADM FEE
TOWN OF DELRAY, LOT 9, BLOCK 81, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
I321 & 323 NE 2ND AVENUE) EILEEN MERKEL
12 43 46 16 01 081 0090 1355 NW 21ST TERRACE
CUST ID # 10480 DELRAY BEACH, FL 33445 $ 13.25
[ $ 55.00 ~DM FEE
LAKE HEIGHTS, LOTS 2 & 3, BLOCK C,
PB 23, P 206, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL IGOR J. OTETCHESTVENNYI
2402 SEACREST BLVD) & CHRISTINE VURGANOV
12 43 46 04 13 003 0020 2402 SEACREST BLVD.
CUST ID # 10482 ......... DELRAY BEACH, FL 3~34_4~4 I $ 13.25 ADM
.............. $ 55.00 FEE
PINE TRAIL SEC 11, W 40 FT OF LOT 1,
BLOCK 7, PB 32, P 153,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
4932 NW 6TH COURT) DONNA D. BRUNER
12 42 46 12 08 007 0011 714 NE 9TH AVENUE
CUST ID # 10490 BOYNTON BEACH, FL 33435 $ 57.50
$ 55.00 ADM FEE
WOODVUE, LOT 11, PB 37, P 19, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL
2320 GREENBRIER DRIVE) RANDOLPH H. PETREN
12 43 46 30 05 000 0110 2320 GREENBRIER DRIVE
CUST ID # 10052 DELRAY BEACH, FL 33445
" _ ...... $ 55.00 !AD~I FEE
CHATELAINE NO. 1, LOT 17, BLOCK 1, PB 29,
P 94, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
3336 AVE VILLANDRY) JOCELYNE PROSPER
12 42 46 12 03 001 0170 7504 SW 178TH TERRACE
CUST ID # 10446 MIAMI, FL 33157 $ 97.50
~ $~_55_:_0_0 ADM FEE
I
5
Res. No. 46-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
200 NE 5TH AVENUE LLC
L R BENJAMINS SUB, LOT 33, PB 12, P 18, C/O LAW OFFICE
PUBLIC RECORDS OF PALM BEACH COUNTY, FL J.L. GREENBERG
NE 5TH AVENUE) 4800 NO. FEDERAL HIGHWAY
12 43 46 16 47 000 0330 # 304-D
CUST ID # 10466 BOCA RATON, FL 33431 $ 81.75
$ 55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE
II I
6
Res. No. 46-04