Res 52-11rV)
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EITY OF DELRAY BEAEH
DELRAY BECH
I 1 11 1-, 1 A � � CITY CLERK
10U N. W. 1st A.',! PP 1! DELRAY BEACH, FLORIDA 33444
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CERTIFICATION
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I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray r-
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Beach, do hereby certify that the attached document is a true and correct "X ]:':�
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copy of Resolution No. 52-11, as the same was passed and adopted by the 'l
Delray Beach City Commission in regular session on the 4th day of October
2011.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 7th day of
February 2012.
I
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach, Florida
2"
13:1
RESOLUTION NO* 52 -11.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF,
DELRAY BEACK 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 WITFIIN' 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 119N UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
WHEREAS, the City Manager or his designated representative: has, pursuant to
Chapter 100 cif the Cade of. Ordu Ices, 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, S, pursuant to Section 100.21 and '100.22 of the Code of Ordinances of
the. City of Delray Beach; the City Manager or his designated rotative has inspected said
land(s) and has detemined that a .nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Orduiances, and did furnish the respective 'owner(sj of the land(s):
described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and
100.22 of the Code of Ordinances descabing the .nature of the nuisancc(s) and sent notice that
within seven () clays from the date: of said notice (for"mu (42) days in the case of violation of
Section 100.04 pertaining to seawalls) they must abate said :nuisance; or file a. w.dtten request for; a
hearing to review the decision that a nuisance existed within five (5) days .from the date . of delivery .
of said notice, failing which the City of Delray Beach vvnuld proceed to. correct this condition by
abdting such xu&a e, and that the cost thereof would be levied as an assessment against said
property, w4
WHEREAS, the property owners) named in the list attached hereto mid made a part
hereof did fail and neglect to abate the nuisances) existing upon their respective lands. or to properly
request a. bearing pursuant to Section 100.21 and 100.22 vuithin the. tine limits . prescribed in said
notice and Chapter 100 of the Code of - Ordinances, or if the property owners) did. request and
receive a hearing, said property owners) 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 Achministration or such
agents or contractors hired by the City Adydnistration was therefore. required to and did enter uPm
the land(s) described in the list attached and. made a part hereof and incurred costs in abating the
subject. n:uisance(s) exisffi-ig thereon as described in.the notice; and,
WHEREAS, the City MmW of the City of Delray Beach has, pursuant to CIVff
100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Corntnission, a
report of the costs incurred in abating said. nuisances) as aforesaid, said report indicating the costs
per parcel of land involved, and
WHEREAS, the City Corntnission of the. City of. Delray Beach; pm-sman:t to Chapter
100 of the %Code of Ordinances desires to assess the cost of said nuisances) against said property
,owner(s),
NOW, THEREFORE, BE. IT RESOLVED BY THE CITY CONMSSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
5ecden J.. That assemmts in the individual amounts as shom-by the report of the
M
City kiW of the City of Delray Beach, involving the he Citys 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 ammmt(s) indicated thereon. Said assesmvnts so levied sliall, 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 ie mamer as mortgages and :foreclosures are
under, state` law. M;
Section 2. That such qssessrnents `Shall be legal, valid and binding obligations upon
the- property against which said assesstnents are levied
Section 3., That the City Clerk of the City of Delray Beach is herd>y directed to
irmnediatelyrnail byfirst class nv1to the ova-ter(s) of the property, as such owter-4iip appears: upon
the records of the County Tax Assessor, notice(s) that the City Cornnission. of the City of Delray
Beach at the November 15, :2011 meeting has levied an assessment against said property for the cost
of abatement of said nuisance by the City; and that said assessment is , due andpayable within thirty
(30) days after the mailing date of said notice of assessment, after which alea shall be placed on said
property, and mterest will accrue at the rate of 8/o per annm� plus reasonable attorneys fees and
other costs of collecting said sums. A Notice of Len shall be mailed, along with the Notice of
Assessn-ent and this resolution.
Section4- That this resolution shall become effective thirty (30) days from the date;
Of adoption and, the assessment(s) contained herein s�- become due and. payable thirty (30) days
after the maWng.date of the notice of said assessment(s), after which alien shall be placed on said
Res. NQ.-*52-4 1
property(s), mid interestshall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such piuceedings including a reason" attorneys fee.
Section 5. That in the event that payment has not been received by the City, Clerk
within thirty (30) clays after the mailing date of the notice of assessimit, the City Clerk is hereby
directed to record a certified copy of ft resolution in. the public records of Palm, Beach County,
Florida, and upon the date and time of recoi ding of the certified copy of this resolution a lien 9-a
become effective on the subject property wtdch shall secure the cost of abatement, interest at the
rate of 81/6, and collection costs including a reasonable attorneys fee.
ATTEST:
PASSED AND ADOPTED in, regular session on this 15'h day of Noverrixt, 2011,
CityClerk
MAYOOL/
This instrument was prepared. by:
lqda.n Shutt, City Attotney
200 N.W. 1" Avenue.
Delray Beaizh, Floijda 33444
Res. N0..5241
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PRO,PE R 1 Y DESCRIPTION. ..;. ....:. _ ...
ASSESSNkEN.T:
..... :: .
413 SW 15TH AVENUE
CARVER PARK, LOT 10 BLOCK 3
PCN 12 43 46 17 41 003 0100
CASE NO. NA11 -17808
Lizzie McDowell
413 SW 15th Avenue
Delray Beach, FL 33444
$ 125.15
Inv. No. 37235
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 205.15
935 EVE STREET
TROPIC ISLE LOT 21
PCN 12 43 46 28 01 000 0210
CASE NO. NA11 -17445
Andy P. Barros
935 Eve Street
Delray Beach, FL 33483
$ 79.85
Inv. No. 37251
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 159.85
307 NW 12TH AVENUE
POINCIANA HGTS OF DELRAY BEACH LOT 31
PCN 12 43 46 17 40 000 0310
CASE NO. NA11 -18807
Jerome Jackson
307 NW 12th Avenue
Delray Beach, FL 33444
$ 57.80
Inv. No. 37242
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 137.80
238 SW 6TH AVENUE
TOWN OF DELRAY
LOT 32 & 33 BLOCK 15
PCN 12 43 46 16 01 015 0320
CASE NO. NA11 -17123
Advantage Plus Mortgage, Inc.
% Willier Garcon
10204 Breeze Way Place
Boca Raton, FL 33428
$ 122.80
Inv. No. 37241
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 202.80
41 SW 7TH AVENUE
TOWN OF DELRAY
S 55 FT OF N 540 FT OF W 135 FT OF
BLOCK 13
PCN 12 43 46 16 01 013 0070
CASE NO. NA11 -15611
James Gross
3646 Blue Dawn Drive
North Las Vegas, NV 89032
$ 127.50
Inv. No. 37240
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 207.50
RES NO. 52- 11.x1s
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
OWNER
ASSiESSMENT
582 NW 51ST AVENUE
PINE TRAIL SEC 4
LOT 10 (LESS NLY 41.28 FT) BLOCK 10
PCN 12 42 46 12 12 010 0102
CASE NO. NA11 -17937
Marie E. Mondesir & Camy Cean
582 NW 51 st Avenue
Delray Beach, FL 33445
$ 190.85
Inv. No. 37250
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 270.85
525 NW 46TH AVENUE
PINE TRAIL SECT 1
N 1/2 OF LOT 3 BLOCK 3
PCN 12 42 46 12 07 003 0031
CASE NO, NA11 -18220
Eldert Boerckel Est.
525 NW 46th Avenue
Delray Beach, FL 33445
$ 155.45
Inv. No. 37249
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 235.45
14591 BARWICK ROAD
HIGHLAND TRAILER PARK LOT 19
PCN 12 42 46 13 04 000 0190
CASE NO. NA11 -17682
Clarence & Hayley Silverman
12781 NW 13th Street
Sunrise, FL 33326
$ 145.25
Inv. No. 37247
$ 55.00
Admin Fee
$ 25.00
Admin Fee
-93.67
Payment
$ 131.58
107 NW 10TH AVENUE
WEST SIDE HEIGHTS DELRAY
LOT 11 BLOCK A
PCN 12 43 46 17 26 001 0110
CASE NO. NA11 -17897
Jani E. Wagner
107 NW 10th Avenue
Delray Beach, FL 33444
$ 165.80
Inv. No. 37246
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 245.80
1316 LEE STREET
JEFFERSON MANOR LOT 22
PCN 12 43 46 17 24 000 0220
James J. & Chondra Washington
14913 104th Street
Live Oak, FL 32060
$ 91.75
Inv. No. 37245
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 171.75
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
DECLARED NUISANCE
RES NO. 52- 11.xls
Coversheet
MEMORANDUM
'TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: November 7, 2011
Page 1 of 1
SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF NOVEMBER 15.2011
RESOLUTION NO. 52-11
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required to remove nuisances on 12 properties
throughout the City.
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens against
the properties if the assessments remain unpaid.
RECOMMENDATION
Recommend approval of Resolution No. 52 -11.
http: // itwebapp/ AgendalntranetBluesheet .aspx ?ItemlD =5111 &MeetinglD =337 11/21/2011
RESOLUTION NO. 52 -11
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 100.21 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 owners) of the land(s)
described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and
100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that
within seven (7) 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 five (5) days from the date of delivery
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 tiwuld 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 owners) 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 Conwiission 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
ov,ner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIVMSSION 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 alien 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 at the November 15, 2011 meeting 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 alien 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 alien shall be placed on said
Res. No. 52 -11
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 attorneys 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 alien 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.
ATTEST:
PASSED AND ADOPTED in regular session on this 15' day of November, 2011.
City Clerk
MAYOR
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 151 Avenue
Delray Beach, Florida 33444
Res. No. 52-11
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
413 SW 15TH AVENUE
CARVER PARK, LOT 10 BLOCK 3
PCN 12 43 46 17 41 003 0100
CASE NO. NA11 -17808
Lizzie McDowell
413 SW 15th Avenue
Delray Beach, FL 33444
$ 125.15
Inv. No. 37235
$ 55.00
Admin Fee
$ 180.15
935 EVE STREET
TROPIC ISLE LOT 21
PCN 12 43 46 20 01 000 0210
CASE NO. NA11 -17445
Andy P. Barros
935 Eve Street
Delray Beach, FL 33483
$ 79.85
Inv. No. 37251
$ 55.00
Admin Fee
$ 134.85
1ST VAC LOT WEST OF 4928 JEFFERSON
COUNTRY CLUB ACRES 2ND ADD
LOT 68 & 69
PCN 12 42 46 13 03 000 0680
CASE NO. NA11 -18599
Arturo & Marta I. Gutierrez
3621 NW 108th Drive
Coral Springs, FL 33065
$ 97.10
Inv. No. 37238
$ 55.00
Admin Fee
$ 152.10
307 NW 12TH AVENUE
POINCIANA HGTS OF DELRAY BEACH LOT 31
PCN 12 43 46 17 40 000 0310
CASE NO. NA11 -18807
Jerome Jackson
307 NW 12th Avenue
Delray Beach, FL 33444
$ 57.80
Inv. No. 37242
$ 55.00
Admin Fee
$ 112.80
238 SW 6TH AVENUE
TOWN OF DELRAY
LOT 32 & 33 BLOCK 15
PCN 12 43 46 16 01 015 0320
CASE NO. NA11 -17123
Advantage Plus Mortgage, Inc.
% Willier Garcon
10204 Breeze Way Place
Boca Raton, FL 33428
$ 122.80
Inv. No. 37241
$ 55.00
Admin Fee
$ 177.80
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
DECLARED NUISANCE
RES NO. 52- 11.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
41 SW 7TH AVENUE
TOWN OF DELRAY
S 55 FT OF N 540 FT OF W 135 FT OF
BLOCK 13
PCN 12 43 46 16 01 013 0070
CASE NO. NA11 -15611
James Gross
3646 Blue Dawn Drive
North Las Vegas, NV 89032
$ 127.50
Inv. No. 37240
$ 55.00
Admin Fee
$ 182.50
582 NW 51ST AVENUE
PINE TRAIL SEC 4
LOT 10 (LESS NLY 41.28 FT) BLOCK 10
PCN 12 42 46 12 12 010 0102
CASE NO. NA11 -17937
Marie E. Mondesir & Camy Cean
582 NW 51 st Avenue
Delray Beach, FL 33445
$ 190.85
Inv. No. 37250
$ 55.00
Admin Fee
$ 245.85
525 NW 46TH AVENUE
PINE TRAIL SECT 1
N 1/2 OF LOT 3 BLOCK 3
PCN 12 42 46 12 07 003 0031
CASE NO. NA11 -18220
Eldert Boerckel Est.
525 NW 46th Avenue
Delray Beach, FL 33445
$ 155.45
Inv. No. 37249
$ 55.00
Admin Fee
$ 210.45
712 AVENUE CHAUMONT
CHATELAINE NO. 1
LOT 10 BLOCK 5
PCN 12 42 46 12 03 005 0100
CASE NO. NA11 -17590
US Bank National Assocation
% America's Servicing Co
3476 Stateview Blvd.
Fort Mill, SC 29715
$ 97.80
Inv. No. 37248
$ 55.00
Admin Fee
$ 152.80
14591 BARW ICK ROAD
HIGHLAND TRAILER PARK LOT 19
PCN 12 42 46 13 04 000 0190
CASE NO. NA11 -17682
Clarence & Hayley Silverman
7840 Oakmont Drive
Lake Worth, FL 33467
$ 145.25
Inv. No. 37247
$ 55.00
Admin Fee
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
DECLARED NUISANCE
$ 200.25
RES NO. 52- 11.x1s
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
107 NW 10TH AVENUE
WEST SIDE HEIGHTS DELRAY
LOT 11 BLOCK A
PCN 12 43 46 17 26 001 0110
CASE NO. NA11 -17897
Jani E. Wagner
107 NW 10th Avenue
Delray Beach, FL 33444
$ 165.80
Inv. No. 37246
$ 55.00
Admin Fee
$ 220.80
1316 LEE STREET
JEFFERSON MANOR LOT 22
PCN 12 43 46 17 24 000 0220
James J. & Chondra Washington
14913 104th Street
Live Oak, FL 32060
$ 91.75
Inv. No. 37245
$ 55.00
Admin Fee
$ 146.75
VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS;
DECLARED NUISANCE
RES NO. 52- 11.x1s