Res 62-05
(' /,,\
RESOLUTION NO.62-05
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 EFFECTNE 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
I 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 mus t 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,
I
; 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,
I
r " /",,\
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 Ci ty 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
I 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 6th day of September 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 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. 62-05
(' /"')
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.
S+ PASSED AND ADOPTED in regular session on this lodJ- day of
'r \...:.0 ~ , 2 0 05 .
~ ~-Rtz
ATTEST:
~S). ~~~->
City Clerk
I
I
I
3
Res. No. 62-05
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER I ASSESSMENT
I
302 NE 7TH AVENUE
HIGHLAND PARK DELRAY LTS 13 & 14 BLK 113 PB2 PETER CANELO &
PG 79 OF PALM BEACH COUNTY PUBLIC RECORDS ¡ PETER RISOLO i
PCN 12434616051130130 ;302 NE 7TH AVE
CUST. NO. 11593 ~ DELRA Y BEACH, FL. 33483 $ 68.00
I' $ 55.00 ADM FEE
~
I
flORIDA BLVD V/L N 2955
L TS 411 & 412 PB 1 PG 3
OF PALM BEACH COUNTY PUBLIC RECORDS KATHARINE D MARTENS ;
PCN 12434628030004110 589 DEERFIELD DR $ 81.00 I
CUST NO. 8844 MELBOURNE, FL 32940
$ 55.00 ¡ADM FEE
,
,
i
101 NW 18TH AVENUE
18-46-43, SLY 164 FT OF EL Y 275 FT OF N 1/2 OF SE
1/4 NEURO MEDICAL
OF NE 1/4 L YG W OF & ADJ TO SAL RY R/W /LESS S CONSULTANTS, INC.
15 FT OF W 175 FT RD R/W/ PB 1 PG 3 TRI-COUNTY AUTO SALVAGE
PCN 12434618000001120 4956 LECHALET BLVD #15
CUST NO. 11598 ; BOYNTON BEACH, FL 33436 $ 114.00
$ 55.00 ADM FEE
i
;
NW 18TH AVENUE
18-46-43, EL Y 275 FT OF N 156 FT OF S 320 FT OF N
1/2
OF SE 1/4 OF NE 1/4 L YG W OF & PARA TO SAL RY NEURO MEDICAL
R/W PB 1 PG3 OF PALM BEACH COUNTY PUBLIC CONSULTANTS, INC.
RECORDS TRI-COUNTY AUTO SALVAGE
PCN 12434618000001130 4956 LECHALET BLVD #15
CUST NO. 11598 I BOYNTON BEACH, Fl 33436 $ 114.00
: $ 55.00 ADM FEE
\,
NW 18TH AVENUE
18-46-43, EL Y 275 FT OF N 100 FT OF S 420 FT OF N :
1/2
OF SE 1/4 OF NE 1/4 L YG W OF & PARA TO SAL RY NEURO MEDICAL
IN CONSULTANTS, INC.
OR 87 P 89 PB 1 PG 3 TRI-COUNTY AUTO SALVAGE I
PCN 12434618000001141 4956 LECHALET BLVD #15 ;
CUST NO. 11598 BOYNTON BEACH, FL 33436 ! $ 114.00
I $ 55.00 ADM FEE
I
!
4 RES. NO. 62-05.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
900 HYACINTH DRIVE ,~ ! I
"
TROPIC ISLE 3RD SECTION r '
LT 365 PB 25 PB 36 ¡¡EDWARD & BARBARA TALLEY! I
PCN 12 43 46 28 03 000 3650 900 HYACINTH DR. i i
CUST NO. 6901 DELRA Y BEACH, FL 33483 $ 65.00
55.00 ADM FEE
2147 SW 36TH TERR :1 I
FAIRCREST HEIGHTS AMND PLAT ;, I I
LOT 53 PB 42 PG 68 ; YOLL Y P VERZOSA !
,
PCN 12 42 46 25 09 000 0530 1090 AMSTERDAM AVE # 7 K
CUST NO. 525 NEW YORK, NY 10025-1737 $ 42.00
, 55.00 ADM FEE
¡
;
602 & 604 SE 4TH STREET ; I
OSCEOLA PARK ZEAL BUILDING GROUP, LLC
W 87.6 FT OF S 54.45 FT OF N 79.45 FT OF % FILINGS INC, REG AGT
L T 9 BLK 1 PB 3 PG 2 OF PALM BEACH COUNTY ; 3732 NW 16TH STREET
PUBLIC RECORDS ¡:FT. LAUDERDALE, FL 33311 I $ 84.00
PCN 12434621 01 001 0096 : 55.00iADM FEE
CUST NO. 10914 !
- VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
- OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
- NUISANCE
5 RES. NO. 62-05.xls
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER(fltd
SUBJECT: AGENDA ITEM # <6D - REGULAR MEETING OF SEPTEMBER 6,2005
RESOLUTION NO. 62- 05
DATE: September 2, 2005
This is a resolution assessing costs for abatement action required to remove nuisances on nine (9)
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. 62-05.
Depanmm. on Carol.,. S/Oty Cled</LIen Processl Agmemos/I~ -
RESOLUTION NO.62-0S
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORlDA, 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
I Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
I 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 ci ty 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 Ci ty 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.
I 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
I 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
I 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
I 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. 62-05
~
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement 1 interest at the rate of 8%1 and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this day of
1 2005.
MAYOR
ATTEST:
Acting City Clerk
3
Res. No. 62-05
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION -~ OWNER ¡ ASSESSMENT
!
302 NE 7TH AVENUE
HIGHLAND PARK DELRAY L TS 13 & 14 BLK 113 PB2 PETER CANELO &
PG 79 OF PALM BEACH COUNTY PUBLIC RECORDS PETER RISOLO
PCN 12434616051130130 302 NE 7TH AVE
CUST. NO. 11593 DELRA Y BEACH, FL. 33483 $ 68.00
, $ 55.00 ADM FEE
133 NE 7TH AVENUE
S 66 FT OF N 186.51 FT OF W 135 FT OF BLK 123
PB1
PG3 OF PALM BEACH COUNTY PUBLIC RECORD BARBARA DOOLEY I
PCN 1243461601 123010 133 NE 7TH AVE I
:
CUST NO. 10019 DELRA Y BEACH, FL 33484 $ 57.00
$ 55.00 ADM FEE
FLORIDA BLVD V/L N 2955
L TS 411 & 412 PB 1 PG 3
OF PALM BEACH COUNTY PUBLIC RECORDS KATHARINE 0 MARTENS
PCN 12434628030004110 589 DEERFIELD DR I $ 81.00
CUST NO. 8844 MELBOURNE, FL 32940
i $ 55.00 ADM FEE
101 NW 18TH AVENUE
18-46-43, SLY 164 FT OF EL Y 275 FT OF N 1/2 OF SE !
1/4 'NEURO MEDICAL I !
OF NE 1/4 L YG W OF & ADJ TO SAL RY RJW /LESS S CONSULTANTS. INC.
15 FT OF W 175 FT RD RJW/ PB 1 PG 3 TRI-COUNTY AUTO SALVAGE
PCN 12434618000001120 4956 LECHALET BLVD #15
CUST NO. 11598 BOYNTON BEACH, FL 33436 $ 114.00
$ 55.00 ADM FEE
NW 18TH AVENUE
18-46-43, ELY 275 FT OF N 156 FT OF S 320 FT OF N
1/2
OF SE 1/4 OF NE 1/4 L YG W OF & PARA TO SAL RY NEURO MEDICAL
RJW PB 1 PG3 OF PALM BEACH COUNTY PUBLIC CONSULTANTS, INC.
RECORDS TRI-COUNTY AUTO SALVAGE
PCN 12434618000001130 4956 LECHALET BLVD #15
CUST NO. 11598 BOYNTON BEACH, FL 33436 ,$114.00
$ 55.00 ADM FEE
Page 1 RES. NO. 62-05.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
NW 18TH AVENUE ¡ !
18-46-43, EL Y 275 FT OF N 100 FT OF S 420 FT OF N I
1/2
OF SE 1/4 OF NE 1/4 LYG W OF & PARA TO SAL RY NEURO MEDICAL
IN CONSULTANTS. INC. i
OR 87 P 89 PB 1 PG 3 TRI-CQUNTY AUTO SALVAGE I I
PCN 12 43 46 18 00 000 1141 4956 LECHALET BLVD #15. I
CUST NO. 11598 BOYNTON BEACH, FL 33436 ¡ $ 114.00 '
$ 55.00 ADM FEE
900 HYACINTH DRIVE
TROPIC ISLE 3RD SECTION EDWARD & BARBARA TALLEY I
LT 365 PB 25 PB 36
PCN 12 43 46 28 03 000 3650 900 HYACINTH DR. r
CUST NO. 6901 DELRA Y BEACH, FL 33483 $ 65.00
, 55.00 ADM FEE
¡
2147 SW 36TH TERR
FAlRCREST HEIGHTS AMND PLAT
LOT 53 PB 42 PG 68 YOLL Y P VERZOSA I
PCN 12 42 46 25 09 000 0530 1090 AMSTERDAM AVE # 7 K
CUST NO. 525 NEW YORK, NY 10025-1737 I $ 42.00
55.00 ADM FEE
602 & 604 SE 4TH STREET
OSCEOLA PARK ZEAL BUILDING GROUP, LLC
W 87.6 FT OF S 54.45 FT OF N 79.45 FT OF % FILINGS INC, REG AGT I
L T 9 BlK 1 PB 3 PG 2 OF PALM BEACH COUNTY 3732 NW 16TH STREET ¡ $ 84.00
PUBLIC RECORDS ,FT. LAUDERDALE, FL 33311
55.00 ADM FEE
- VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
- OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
- NUISANCE
Page 2 RES. NO. 62-o5.xls