Res 41-00RESOLUTION NO. 41-00
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 LEV~ 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
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 DELRA~
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 o£
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 16th day of May, 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 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
Res. No. 41-00
of the certified copy of this resolution a lien shall become effective on the subjec~
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 IGth day of
May , 2000.
MAYOR
ATTEST:
- '-~kty ci~k '
Res. No. 41-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ~ ASSESSMENT
-0sCE~3i_A- ~/~RK, ~_0T '15, BLbCK 7~ PB 3, P
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
613 SE 3rd AVENUE)
:)SCEOLA PARK, LOT 14, BLOCK 7, PB 3, P 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
617 & 617.5 SE 3rd AVENUE)
)SCEOLA PARK, LOT 19, BLOCK 7, PB 3, P 2
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
602 SE 3rd AVENUE)
, MAUREEN MAAS ~
!3558 LONE PINE ROAD i :
DELRAY BEACH, FL 33445 , $ 40 95
, ~-~ 70;0~) ~ADM; FEE
ISOUTHWES~ JEFFI~R,~-N, iNC.- ~ --- ~
!~617 SE 3rd AVENUE
I DELRAY BEACH, FL 33483 ' $ 50.95
$ 70.00 ADM.FEE
~DE~FRANCE DERVICE ~
602 SE 3rd AVENUE
'DELRAY BEACH, FL 33483 $ 40 95
7000 ADM.FEE
toWN OF DELRAY, S 150 FT OF W 135.5 FT OF
BLOCK 26, PB 5, P 64, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
415 NW 2nd STREET)
,OWN OF DELRAY, LOT 8 (LESS S 48.69 FT OF
N 53.45 FT) & LOT 9 (LESS S 48 69 FT OF
N 53.45 FT OF W 22.91 FT, BLOCK 84, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
201 & MORE EAST ATLANTIC AVENUE)
IiFRED D. MC COY & AMERIFIRST
~; 17500 NW 68TH AVENUE # 210
IH!ALEAH, FL 33015-4044
-
'LEVIATHAN LAND GROUP, INC
.IC/O STEVEN E COHEN, REG AGENT
!800 NW 62nd STREET, SUITE 200
~: FT LAUDERDALE, FL 33309-2000
~$
DEL IDA PAR~,-L0:I'$ 8 & 9, BLOCK 6 ........ J.-c. ~, MARY AHERI~
(DEL-IDA PARK HISTORIC DISTRICT), PB 9, P 52,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
101 NE 4th STREET)
PO BOX 2325
!DELRAY BEACH, FL 33447
"$ 75.90
'$ 70.00 ADM.FEE
:$ 31.90
70.00 ,ADM FEE
15.95
70.00 ADM.FEE
4
Res. No. -00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
TOVVN Of DELRAY, LOTS 6 & 7, BLOCK 15,
PB 13, P 18, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(SW 7th AVENUE, 2ND LOT NORTH OF 217)
LUCIUS SIMMONS
1657 GLENCOVE AVENUE NW
PALM BAY, FL 32902-8612
$
VIoLATIoN IS. SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS,
_IVEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE.
58 93
70.00 ~ADM. FEE
5
Res No. -00