Res 02-05
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RESOLUTION NO.
2-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y 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,
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1
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 18th day of January.. 2005 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 S. 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. 2-05
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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
January , 2005.
in regular
session on
this
18th
day of
8fiz fR ~
ATTEST:
~. ~~ . ~ ~\~Å~
City Clerk
3
Res. No. 2-05
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
,
ì
i
SEC 17-46-43, E 50 FT OF W 583 FT OF S 140 FT OF i
N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, !
PB 1, P 3, OFFICIAL RECORDS OF PALM
BEACH COUNTY, FL
(1410 NW 2ND STREET) REGINALD CALDWELL
12-43-46-17 -00-000-3080 11410 NW 14TH STREET
CUST ID # 10722 ¡ DELRA Y BEACH, FL 33444 $ 84.00
$ 55.00 ADM FEE
:
DELRA Y SHORES, LOT 8, BLOCK 11, PB 28, P 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL I
(2533 ANGLER DRIVE)
12-43-46-07 -01-011-0080 ¡JEAN JOURDAN
CUST ID # 10720 12533 ANGLER DRIVE
I DELRA Y BEACH, FL 33445 $ 70.75
$ 55.00 ADM FEE
I
TROPIC ISLE 3RD SECTION, LOTS 411 & 412, !
I
PB 26, P 36, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL I
(FLORIDA BLVD) KATHARINE D. MARTENS i
12-43-46-28-03-000-4110 i 589 DEERFIELD DRIVE
CUST ID # 8844 ! MELBOURNE, FL 31940-1947 $ 95.00
$ 55.00 ADM FEE
! I
I
:
SOPHIA FREY ADD, LOT 3, BLOCK 3, PB 4, P 37
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ,
(811 NE 7TH AVEUE) FRANCES HAYES
12-43-46-09-16-003-0030 RD # 1 BOX 347-A
CUST ID # 10227 BOLIVAR, PA 15923-9672 $ 57.50
$ 55.00 ADM FEE
ODMANNS SUB, LOT 12, BLOCK 1, PB 4, P 5, i MARIH HAYES ESTATE
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(20 NW 13TH AVENUE) c/o WILLIE GOODMAN, JR.
12-43-46-17 -28-001-0120 687 PENNINGTON AVENUE
i
CUST ID # 383 TRENTON, NJ 08618-3011 1$ 70.75
$ 55.00 ADM FEE
4
Res. No. 2-05
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
SUB OF SECTION 8-46-43, S 135 FT OF E 60 FT OF i
W 250 FT OF SW 1/4 OF TR 5, PB 1, P 3, I
PUBLIC RECORDS OF PALM BEACH COUNTY, FL IJONIE WELLS
(709 NW 4TH STREET)
12-43-46-08-21-005-0130 !310 WASHINGTON AVENUE
I $
CUST ID # 6694 iDELRAY BEACH, FL 33444 81.75
I $ 55.00 ADM FEE
TOWN OF DELRA Y, 100 FT OF E 135 FT/LESS RD
RIOIW OF BLOCK 98, PB 65, P 189 I
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ; 200 NE 5TH AVE LLC
(200 NE 5TH AVENUE) : c/o J.L. GREENBERG
12-43-46-16-01-098-0010 4800 N FEDERAL HWY #304-D
CUST ID # 10466 BOCA RATON, FL 33431
i $ 81.75
; $ 55.00 ADM FEE
I
I
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VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED ;
NUISANCE
5
Res. No. 2-05
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ßÅ.. - REGULAR MEETING OF JANUARY 18. 2005
RESOLUTION NO. 2-05
TO:
FROM:
DATE:
JANUARY 14, 2005
This is a resolution assessing costs for abatement action required to remove nuisances on seven (7)
properties throughout 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. 2-05.
AgmemoCE.ResNo 2-05
, ,
RESOLUTION NO.
2-05
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 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 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. 2-05
"
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
, 2005.
in
regular
session
on
this
day of
MAYOR
ATTEST:
City Clerk
3
Res. No. 2-05
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
SEC 17-46-43, E 50 FT OF W 583 FT OF S 140 FT OF
N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4,
PB 1, P 3, OFFICIAL RECORDS OF PALM
BEACH COUNTY, FL
(1410 NW 2ND STREET) REGINALD CALDWELL
12 -43-46-17-00-000-3080 1410 NW 14TH STREET
CUST ID # 10722 DELRA Y BEACH, FL 33444 $ 84.00
$ 55.00 ADM FEE
DELRA Y SHORES, LOT 8, BLOCK 11, PB 28, P 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(2533 ANGLER DRIVE)
12-43-46-07 -01-011-0080 JEAN JOURDAN
CUST ID # 10720 2533 ANGLER DRIVE
DELRA Y BEACH, FL 33445 $ 70.75
$ 55.00 ADM FEE
TROPIC ISLE 3RD SECTION, LOTS 411 & 412,
PB 26, P 36, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(FLORIDA BLVD) KATHARINE D. MARTENS
12-43-46-28-03-000-4110 589 DEERFIELD DRIVE
CUST ID # 8844 MELBOURNE, FL 31940-1947 $ 95.00
$ 55.00 ADM FEE
SOPHIA FREY ADD, LOT 3, BLOCK 3, PB 4, P 37
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(811 NE 7TH AVEUE) FRANCES HAYES
12-43-46-09-16-003-0030 RD # 1 BOX 347-A
CUST ID # 10227 BOLIVAR, P A 15923-9672 $ 57.50
$ 55.00 ADM FEE
ODMANNS SUB, LOT 12, BLOCK 1, PB 4, P 5,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARIH HAYES ESTATE
(20 NW 13TH AVENUE) c/o WILLIE GOODMAN, JR.
12-43-46-17 -28-001-0120 687 PENNINGTON AVENUE
CUST ID # 383 TRENTON, NJ 08618-3011 $ 70.75
$ 55.00 ADM FEE
4
Res. No. 2-05
·
6
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
'\
SUB OF SECTION 8-46-43, S 135 FT OF E 60 FT OF
W 250 FT OF SW 1/4 OF TR 5, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(709 NW 4TH STREET) JONIE WELLS
12-43-46-08-21-005-0130 310 WASHINGTON AVENUE
CUST ID # 6694 DELRA Y BEACH, FL 33444 $ 81.75
$ 55.00 ADM FEE
TOWN OF DELRAY' 100 FT OF E 135 FT/LESS RD
RIOIW OF BLOCK 98, PB 65, P 189
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 200 NE 5TH AVE LLC
(200 NE 5TH AVENUE) c/o J.L. GREENBERG
12-43-46-16-01-098-0010 4800 N FEDERAL HWY #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, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
5
Res. No. 2-05