Res 44-01RESOLUTION NO. 44-01
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 N~ISANCES 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 ~ 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 he 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
m~rtgages 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 19th day of June, 2001 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. 44-01
of the certified copy of this resolutlon 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 in regular session on this the / ~ · 2001.
day of
MAYOR
ATTEST:
Acting City Clerk
Res. No. 44-0
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
ATLANTIC GARDENS DELRAY, LOT 1, BLOCK 9,
PAGE 14, P 63, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(SW 11th AVENUE)
PC # 12 43 46 17 23 009 0010
CUST. ID # 129
ATLANTIC PARK GARDENS, DELRAy, LOT 17,
BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
ANNIE M. WATT &
MAGGIE L. WATT
336 SW 5th AVENUE
DELRAY BEACH, FL 33444
(37 13th AVENUE)
PC # 12 43 46 17 16 001 0170
CUST. ID # 7644
ATLANTIC GARDENS DELRAy, LOTS 2 &3,
BLOCK 9, PB 14, P 63, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
ERSKINE HEPBURN
126 SW 7th AVENUE
DELRAY BEACH, FL 33444
CARRIE JOHNSON
(SW 11 th AVENUE)
PC # 12 43 46 17 23 009 0020
CUST. ID # 7815
TROPIC ISLE, LOTS 101 & 102, PB 1, P 3,
cio JUANITA BECKETT
410 NW 7th AVENUE
DELRAY BEACH, FL 33445
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
FLORIDA BLVD)
PC # 12 43 46 28 01 000 1010
CUST. ID # 8812
TOWN OF DELRAY, N 50 FT OF S 200 FT OF
E 135 FT OF BLOCK 13, PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL
(36 SW 6th AVENUE)
PC # 12 43 46 16 01 013 0170
CUST ID # 3027
GREEN MACHINE MGMT GROUP
200 MACFARLANE DR # 405
DELRAY BEACH, FL 33483
JENETHA M. SMITH
PO BOX 17981
iWEST PALM BEACH, FL
33416-7981
$ 173 63
$ 70.00
$ 49i
$ 248.54
ADM. FEE
RECORDING
$ 58.18
$ 70 00
$ 491
$133 09
ADM FEE
RE6ORDING
157 63
7o.oo IAD M F_EE
4.91 RECORDING
232.54 -
$ 68.68
$ 70 00
$ 4.91
$ 143.5§
$ 58.93
$ 7O 00
$ 491
$ 133.84
ADM.FEE
RECORDING
ADM. FEE
RECORDING
Res No 44-01
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
ITOWN OF DELRAY, N 50 FT OF S 150 FT OF 135 FT
OF BLOCK 13, PB 1, P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(40 SW 6th AVENUE)
PC # 12 43 46 16 01 013 0180
CUST. ID. #217
REsuB~)F-BLOCK 29, DEI~RAY BEACH,
LOTS 28 & 29, BLOCK 29, PB 9, P 66
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(95 SW 5TH AVENUE)
PC # 12434617060290280
CUST. ID # 101
PAULINE RICE ESTATE
C/O BERNARD WRIGHT
PO BOX 733
DELRAY BEACH, FL 33447
CHARLIE TERRY
39 SW 9th AVENUE # 3
DELRAY BEACH, FL 33444
$ 90 83
$ 70.00/~ADM~.FE_E_
$$ 1654'9174 tRE-cORDING
7000
7000 ADM FEE
491 RECORDING_
144.91
IVIOLATION IS SEC 100-01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE