Res 53-01RESOLUTION NO. 53-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BRACH,
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 TEE CITY OF DELRAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~
SETTIN~ OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYIN~ THE COST OF SUCH ABATEMENT OF NUISANCES~
PROVIDIN~ 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,
WHERRAS, 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 Co=mission 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 innaediately 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 4th day of September~ 200! 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
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. 53-01
PASSED AND ADOPTED in re~ul&r session on this the 4th day of
September , 2001.
MAYOR
City Clerk
Res. No. 53-01
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
DELRAY BEACH ESTATES, LOT 28, PB 21, P 13, ANTHONY & PRIETO
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2645 NORTH FEDERAL HVVY.
(2705 NO. FEDERAL HIGHWAY) DELRAY BEACH, FL 33483
12 43 46 04 08 000 0280
CUST. ID # 8832 $ 128.63
$ 70.00 ADM. FEE
WINSTON CONDO, UNIT 1, PB 1, P 3, VVYD CORP.
IPUBLIC RECORDS OF PALM BEACH COUNTY, FL 2843 SABLEWOOD COURT
[(137 SO. SWINTON AVE. # 1) DELRAY BEACH, FL 33445
12 43 46 16 70 000 0010
CUSTID #8831 $ 30.90
$ 70.00 ADM.FEE
TOWN OF DELRAY, N 1/2 OF LOT 5, BLOCK 30,
PB 1, P 3, PUBLIC RECORDS OF PALM BEACH AMY CHARLOW
COUNTY, FL 125 SW 5TH AVENUE
(125 SW 5TH AVENUE) DELRAY BEACH, FL 33444
12 43 46 16 01 030 0051
CUST ID # 535 $ 65,90
$ 70.00 ~,DM.FEE
LAMBERT TRAILER COURT, W 80 FT OF E 440 FT
OF LOT 6, PB 1, P 3, PUBLIC RECORDS OF JONATHAN M. MAAS
PALM BEACH COUNTY, FL 3825 LONE PINE ROAD
(VAC LOT WEST OF SE 12TH RD) DELRAY BEACH, FL 33445
12 43 46 21 12 000 0062
CUST ID # 2448 $ 347.63
__ ,$__70.00 ADM.FEE
TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF
[E 135 FT OF BLOCK 24, PB 1, P 3, ADELENE JENKINS
PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 1993
(322 SW 5TH AVENUE) DELRAY BEACH, FL 33447
12 43 46 16 01 024 0040
CUST. ID# 187 $ 65.90
$ 70.00 ADM. FEE
4
Res. No. 53-01
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
NORTHRIDGE, LOT 10 & S 18 FT OF LOT 11, RAY J. KARPELES
BLOCK 1, PB 23, P 168, PUBLIC RECORDS 2003 NORTH SWlNTON AVE.
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(2003 NORTH SWINTON AVENUE)
12 43 46 04 20 001 0100
CUST ID # 8875 $ 30.90
$ 70.00 ADM. FEE
WINSTON CONDO, UNIT 1, PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL VVYD CORP.
(137 SO. SWINTON AVE. # 1) 2843 SABLEWOOD COURT
12 43 46 16 70 000 0010 DELRAY BEACH, FL 33445
CUST ID # 8831 $ 30.90
$ 70.00 ADM.FEE
TOWN OF DELRAY, S 50 FT OF N 200 FT OF EDWIN C. IVY
W 120 FT OF BLOCK 25, PB 1, P 3, PUBLIC 519 SW 15TH TERRACE
RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(300 BLK NW 5TH AVE. VACANT LOT)
12 43 46 16 01 025 0210
CUST ID# 181 $ 140.88
$ 70.00 ADM. FEE
TOWN OF DELRAY, S 50 FT OF N 227 FT OF
W 135 FT OF BLOCK 2, PB 3, P 1, PUBLIC RECORDS JOSEPH PRICE
OF PALM BEACH COUNTY, FL PO BOX 1432
(231 NW 8TH AVENUE) BARNWELL, SC 29812
12 43 46 16 01 002 0160
CUST. ID# 7258 $ 58.18
$ 70.00 ADM. FEE
TOWN OF DELRAY, W 50 FT OF E 176 FT
OF N 120 FT OF S 140 FT OF BLOCK 12,
PB 3, P 1, PUBLIC RECORDS OF DELRAY PHOENIX, INC.
PALM BEACH COUNTY, FL 130 NW 8TH AVENUE
(625 WEST ATLANTIC AVE.) DELRAY BEACH, FL 33444
12 43 46 16 01 012 0030
CUST ID # 8178 $ 65.90
$ 7000 ADM. FEE
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Res. No. 53-01
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
DELRAY SHORES 1ST ADD, LOT 18, BLOCK 15, SEC'Y
PB 28, P 2, PUBLIC RECORDS OF PALM OF HOUSING &
BEACH COUNTY, FL URBAN DEVELOPMENT
12 43 46 07 02 015 0180 909 SE 1ST AVENUE # 500
CUST ID # 8389 $ 74.90
$ 70.00 ADM. FEE
TOURIST NOOK DELRAY, LOT 5, BLOCK A,
PB 11, P 47, PUBLIC RECORDS OF PALM BEACH J. & PEATROLIA STEPHENSON
COUNTY, FL 245 NW 10TH AVENUE
(245 NW 10TH AVENUE) DELRAY BEACH, FL 33444
12 43 46 17 25 001 0050
CUST. ID # 8402 $ 58.18
$ 70.00 ADM. FEE
TOURIST NOOK DELRAY, LOT 6, BLOCK A,
PB 11, P 47, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(239 NW 10TH AVENUE) ESTATE OF ORA WALLACE &
12 43 46 17 25 001 0060 ELOISE HUNTER
CUST ID # 6258 121 NW 11TH AVENUE
DELRAY BEACH, FL 33444 $ 73.63
$ 70.00 ADM. FEE
VIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, _
VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED -
NUISANCE. -
Res. No. 53-01