Res 83-04
/'
RESOLUTION NO. 83-04
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 DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED 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, AND 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 I
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 Ordinance~ 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 16th day of November, 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 S. That in the event that payment has not been received by the
City Clerk within thirty (3D) 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.
2 Res. No. 83-04
-- - ' "-
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.
in regular session on this \ \Q ~
~~:D AND ADOPTED day of
, 2004.
~M?Y~
ATTEST:
~~.~~
City Clerk
3 Res. No. 83-04
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
I
TOWN OF DELRA Y, LOT 17, BLOCK 41, PB 5, P 65, ,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(309 NW 3RD AVENUE) ¡ RONALD M. DAVENPORT
PC # 1243461601 041 0170 '! 3680 INVERRARY DR. #3K i
CUST ID # 10566 FT. LAUDERDALE, FL 33319 1$ 45.00
ODMANNS SUB, LOT 12, BLOCK 4, PB 4, P 53
"
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ,
,ì
(14 SW 13TH AVENUE) ;
12434617280040120 LINDA & CURTIS LLOYD ¡
CUST ID # 10568 14 SW 12TH AVENUE $ 45.00 I
DELRA Y BEACH, FL 33444
,
SUNSET PARK DELRAY, LOTS 2 & 3, PB 12, P 65,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL I
(328 SW 10TH STREET) JEROME & CATHY ALBANESE !
12434620160000020 ,948 BROOKDALE DRIVE
CUST ID # 10679 ': BOYNTON BEACH, FL 33435 ,$ 45.00
;
SUNSET PARK DELRAY, LOTS 2 & 3, PB 12, P 65,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL I:
(328 SW 10TH STREET) : JEROME & CATHY ALBANESE
12434620160000020 948 BROOKDALE DRIVE
CUST ID # 10679 BOYNTON BEACH, FL 33435 ,$ 45.00
:
;
TOWN OF DELRAY, LOT 11, BLOCK 114, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ¡ JEFFREY L. SHAFFER & ,
(612 & 614 NE 3RD STREET) LISA A. HOPKINS
12434616011140110 820 NE 6TH STREET
CUST ID #.8081 DELRA Y BEACH, FL 33483 $ 45.00
J
SILVER TERRACE, LOT 2, BLOCK 1, PB 11, P 61, : CHRIST EST LA RESPONSE REST I
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(1211 SO. DIXIE HIGHWAY) c/o JEAN J. SALAM, DIRECTOR ,
12434621 13001 0020 233 NE 17TH STREET
CUST ID # 10676 DELRA Y BEACH, FL 33444 $ 45.00
'I
4
Res. No. 83-04
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
POINCIANA HEIGHTS OF DELRAY BEACH, LOT,
PB 26, P 245, PUBLIC RECORDS OF PALM ,
BEACH COUNTY, FL 33444
(311 NW 11TH AVENUE) I
12434617400000140 ¡FLORA DOBARD &
CUST ID # 10677 ETHEL CEASAR
311 NW 11TH AVENUE
DELRA Y BEACH, FL 33444 $ 45.00
TOWN OF DELRAY, N 6 FT OF S 156 FT OF N 5 FT ;
OF S 50 FT OF E 135 FT & S 156 FT OF W 150 FT ,
(LESS S 135 FT OF W 135 FT) OF BLOCK 22, ,
PB 10, P 38, PUBLIC RECORDS OF PALM i
BEACH COUNTY, FL PRIME PROPERTY OF THE PALM
(138 & 140 SW 5TH AVENUE) BEACHES
1243461601 0220170 clo KEVIN BALLARD, REG AGT.
CUST ID # 9509 5361 CEDAR LAKE RD #1314
BOYNTON BEACH, FL 33437
$ 45.00
i
;
!
! i
;
VIOLATION IS: SECTION 90.03 . STORING, PARKING OR LEAVING ,
WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE
5
Res. No. 83-04
,
MEMORANDUM
TO: MAYOR AND CITI COMMISSIONERS
FROM: CITI MANAGERt?1
SUBJECT: AGENDA ITEM # ~ C- - REGULAR MEETING OF NOVEMBER 16. 2004
RESOLUTION NO. 83-04
DATE: NOVEMBER 12, 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. 83-04.
Agmemo.A V.Res No 83-04
, ,,,
RESOLUTION NO. 83-04
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 DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED 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, AND 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 Ci ty 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 ci ty 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 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.
2 Res. No. 83-04
------
" .
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 day of
, 2004.
MAYOR
ATTEST:
Acting City Clerk
...
3 Res. No. 83-04
.
COST OF ABATING NUISANCES UNDER CHAPTER 90
. OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION , OWNER ASSESSMENT
TOWN OF DELRA Y, LOT 17, BLOCK 41, PB 5, P 65,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(309 NW 3RD AVENUE) I RONALD M. DAVENPORT !
PC # 124346 1601 041 0170 13680 INVERRARY DR. #3K
CUST ID # 10566 1FT. LAUDERDALE, FL 33319 $ 45.00
,
ODMANNS SUB, LOT 12, BLOCK 4, PB 4, P 53 J
Ii
PUBLIC RECORDS OF PALM BEACH COUNTY, FL Ii
i'
(14 SW 13TH AVENUE) I!
124346 17 28 004 0120 ;' LINDA & CURTIS LLOYD
CUST ID # 10568 14 SW 12TH AVENUE
'DELRAY BEACH, FL 33444 $ 45.00
SUNSET PARK DELRAY, LOTS 2 & 3, PB 12, P 65,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ,
(328 SW 10TH STREET) JEROME & CATHY ALBANESE
12434620160000020 948 BROOKDALE DRIVE
CUST ID # 10679 I BOYNTON BEACH, FL 33435 $ 45.00 I
, !
SUNSET PARK DELRAY, LOTS 2 & 3, PB 12, P 65,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ¡
(328 SW 10TH STREET) JEROME & CATHY ALBANESE I
12434620160000020 948 BROOKDALE DRIVE
CUST ID # 10679 BOYNTON BEACH, FL 33435 $ 45.00
;
.
TOWN OF DELRA Y, LOT 11, BLOCK 114, PB 1, P 3, I ,
,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL JEFFREY L. SHAFFER & !
(612 & 614 NE 3RD STREET) LISA A. HOPKINS
1243 46 16 01 114 0110 : 820 NE 6TH STREET
CUST ID # 8081 i DELRAY BEACH, FL 33483 $ 45.00
I
;
,
I
SILVER TERRACE, LOT 2, BLOCK 1, PB 11, P 61,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL CHRIST EST LA RESPONSE REST
(1211 SO. DIXIE HIGHWAY) . c/o JEAN J. SALAM, DIRECTOR
I
12434621130010020 1233 NE 17TH STREET
CUST ID # 10676 DELRAY BEACH, FL 33444 $ 45.00
I
.,
4
Res. No. 83-04
.
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
,I ! 1
POINCIANA HEIGHTS OF DELRAY BEACH, LOT,
PB 26, P 245, PUBLIC RECORDS OF PALM Ii
BEACH COUNTY, FL 33444 ,I
(311 NW 11TH AVENUE) ;
12434617 400000140 FLORA DOBARD &
CUST ID # 10677 ETHEL CEASAR i
. 311 NW 11TH AVENUE ;
DELRAY BEACH, FL 33444 $ 45.00
TOWN OF DELRAY, N 6 FT OF S 156 FT OF N 5 FT I
OF S 50 FT OF E 135 FT & S 156 FT OF W 150 FT
(LESS S 135 FT OF W 135 FT) OF BLOCK 22, i I
PB 10, P 38, PUBLIC RECORDS OF PALM I PRIME PROPERTY OF THE PALM
BEACH COUNTY, FL I
(138 & 140 SW 5TH AVENUE) I
Ii BEACHES ,
124346 1601 0220170
CUST ID # 9509 !c/o KEVIN BALLARD, REG AGT.
,5361 CEDAR LAKE RD #1314
! BOYNTON BEACH, FL 33437
I
II $ 45.00
I
;
.
!
!
¡
!
VIOLATION IS: SECTION 90.03 . STORING, PARKING OR LEAVING
WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE
I
5
Res. No. 83-04