Res 10-00RESOLUTION NO. 10-00
A RESOLUTION OF THE CITY CO~ISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO C~APTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
C~RTAIN 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
ABATEM]~RT 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) n~med in the list attached hereto and made a
part hereof did £ail 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 o£ 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 Com~ission 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(a) of land described in said report and in the amount(s) indicated
thereon. Said assessments ao 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 aha11 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 i~--ediately 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 1st day of February, 2000 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 sum~. 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 aha11 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
Res. No. 10-00
o£ the certi~ied copy o£ this resolution a lien shall become e~ective 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 1st day of
February , 2000.
ATTEST:
Res. No. 10-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OVVNER ASSESSMENT
TOWN OF DELRAY, LOTS 22 TO 26 INC., BLOCK 15, ALVAN E. MC FORD
PB 13, P 18, PUBLIC RECORDS OF PALM BEACH 17831 NW 47TH AVENUE
I
COUNTY, FL CAROL CITY, FL 33055-3255
(SW 7TH AVE, VAC LOT SO. OF 239) $80.75~
$70.00 iADM. FEE
SUB 8-46-43 E 60 FT OF W 250 FT OF S 135 FT OF JOHN D. WELLS
W 1/2 OF S 1/2 OF LOT 5, PB 1, P 5, PUBLIC 310 WASHINGTON AVENUE
RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(709 NW 4TH STREET)
. $50.001
$70.00 iADM.FEE
RIDGEWOOD HEIGHTS DELRAY, N 35 FT OF LOT 3, PILAR PERALES
BLOCK D, PB 14, P 44, PUBLIC RECORDS OF 1109 SW 7TH AVENUE ,
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(1107 SW 7TH AVENUE)
$88.00
t $70.00 IADM FEE
RIDGEWOOD HEIGHTS DELRAY, E 41 FT OF LOT 2, MADELINE S. SANTIAGO
BLOCK D, PB 14, P 44, PUBLIC RECORDS OF 1105 1/2 SW 7TH STREET
PALM BEACH COUNTY, FL IDELRAY BEACH, FL 33444 I '
(1105 & 1/2 SW 7TH AVENUE)
$46.00I
$70.00 IADM.FEE
ATLANTIC PARK GARDENS, DELRAY, LOT 13, DAISY M. RAY
BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF P.O. BOX 74
PALM BEACH COUNTY, FL LENOX, GA 31637-0074
(17 SW 13TH AVENUE)
$57.00,
$70.00 iADM. FEE
Res. No. 10-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
ATLANTIC PARK GARDENS,'DELRAY LOT lg, J.D. & EARLINE MONROE
BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF 32 EARLE STREET
PALM BEACH COUNTY, FL HARTFORD, CT 06120-1714
(39 SW 13TH AVENUE)
$62.00
$70.00 ADM.FEE
SUB OF N 1/2 OF SE 1/4 OF SE 1/4 OF SW JAMES BROWN &
1/4/UNREC/LOT 1, PB 1, P 3, PUBLIC RECORDS HATTIE L. BROWN
IOF PALM BEACH COUNTY, FL 802 SW 3RD STREET
i(SW 3RD STREET) DELRAY BEACH, FL 33444
$109.00
$70.00 ADM. FEE
TOWN OF DELRAY, LOTS 32 & 33, BLOCK 15, VERA F. GIBSON
PB 13, P 18, PUBLIC RECORDS OF PALM P.O. BOX 66 I
BEACH COUNTY, FL INKSTER, MI 48141-0066
(VAC LOT SO OF 234 SW 6TH AVENUE)
$109 00 1
$70 00 !ABM. FEE
ESTATE OF ORA WALLACE &
TOURIST NOOK DELRAY, LOT 6, BLOCK A, ELOISE HUNTER
PB 24,'P 235, PUBLIC RECORDS OF PALM 121 NW 11TH AVENUE
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(239 NW 10TH AVENUE) $70.00
$70.00 IADM. FEE
DELL PARK, S 28 FT OF LOT 2 & ALL OF LOT 3, ALEXIS FRANKEL &
BLOCK 7, PB 8, P 56, PUBLIC RECORDS OF JEAN BOYER
PALM BEACH COUNTY, FL 1012 NE 2ND AVENUE
(1012 NE 2ND AVENUE) DELRAY BEACH, FL 33444
$25.00
$70.00 iADM. FEE
I ;
Res, No. 10-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
GRIFFIN GATE, LOT 2-B, PB 69, P 126, rLUSHNOR MONCHER & I
PUBLIC RECORDS OF PALM BEACH COUNTY, FL JEAN R. FIEFFIE
(440 SE 1ST AVENUE) 440 SE 1ST AVENUE
DELRAY BEACH, FL 33444
$57.00
$70.00 ADM. FEE
TOWN OF DELRAY, LOT 7 (LESs S 9.85 FT OF MICHAEL GOCHENOUR
.27 FT) BLOCK 92, PB 2, P 21, PUBLIC RECORDS 301 EAST ATLANTIC AVENUE
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483
(301 EAST ATLANTIC AVENUE) $46.00
$70.00 ADM. FEE
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE
Res. No. 10-00