Res 22-15 RESOLUTION NO. 22-I5
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
LANDS) 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.
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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 100.21 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 100.21 and
100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that
within seven (7) 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 fide a written request for a
heartingg to review the decision that a nuisance existed within five (5) days from the date of delivery
of said notice, failing wbiclh 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 o-wner(s) named in the list attached.hereto and made a pant
hereof did fail and neglect to abate the nuisance(s) emoting 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 musance(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 Conurti_ssion 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
ownet(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 thixty
(30) days after trailing of the notice described in Sec. 3, become alien 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 lava.
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 at the June 2, 2015 meeting 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%pet annum, plus reasonable attorney's fees and
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Res.No.22-15
other costs of collecting said si=. 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 chitty (30) days
after the mailing date of the notice of said assessment(s), after which alien 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.
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Section S. That in the event that payment has not been received by the City Clerk
j 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 Peach 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 S%o, and collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this 2"d day of June, 2015.
MAYOR
ATTEST:
This instrument was prepared by:
Noel Pfeffer, City Attorney
200 N.W. 1"Avenue
City Clerk Delray Beach,Florida 33444
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Res,No.22-15
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
ADVANTAGE PLUS MORTGAGE,
238 SW 6th AVENUE INC.
TOWN OF DELRAY LTS 32 & 33 BLK 15 %MICHAEL J. MCGOEY
- 't-d-Y- E rte.^ TlapNil -
- - - - - -:
CASE NO. NA 14-58724 BOYNTON BEACH, FL 33435 $ 140.00 Invoice No. 39760
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 220.00
522 DAVIS ROAD CYNTHIA SHEA
DELRAY SHORES LOT 3 BLOCK 2 522 DAVIS ROAD
PCN: 12 43 46 07 01 002 0030 DELRAY BEACH, FL 33445
CASE NO. NA 14-56815 $ 130.00 Invoice No. 39761
5 55.00 Admin Fee
25.00 Admin Fee
$ 210.00
575 ANGLER DRIVE
DELRAY SHORES LT 25 BLK 2 JEAN BAPTIST JOURDAN
PCN: 12-43-46-07-01-002-0250 PO BOX 10511
CASE NO. NA 14-59272 RIVIERA BEACH, FL 33419 $ 187.50 Invoice No. 39762
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 267.50
930 SOUTH OCEAN BOULEVARD
SEAGATE EXTENSION LT 6 BLK 1 FIDEL & DIANE MENDIGUREN
PCN: 12-43-46-21-08-001-0060 930 SOUTH OCEAN BLVD
CASE NO. NA 14-58124 DELRAY BEACH, FL 33483 $ 198.00 Invoice No. 39747
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 278.00
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2001 N FEDERAL HIGHWAY
4-46-43, TH PT OF WLY 166.40 FT OF S 403.4 FT OF PD LEN DELRAY, LLC
W 112 OF SW 114 OF SE 114 & ELY 131.42 FT OF SLY CIO PARAMOUNT RESIDENTIAL,
144 FT OF SE 114 OF LLC
PCN: 12-43-46-04-00-000-5070 3835 NW BOCA RATON BLVD#300
CASE NO.: NA 1457883 BOCA RATON, FL 33431 $ 233.00 Invoice No. 39741
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 313.00
N FEDERAL HIGHWAY
4-46-43, TH PT OF WLY 155.89 FT OF S 403.4 FT PD LEN DELRAY, LLC
OF W 112 OF SW 114 OF SE 114 & E 49.11 FT OF CIO PARAMOUNT RESIDENTIAL,
NLY 171.24 FT OF S 403.4 FT LLC
PCN: 12-43-46-04-00-000-5050 3835 NW BOCA RATON BLVD#300
CASE NO.: NA 14-57884 BOCA RATON, FL 33431 $ 233.00 Invoice No. 39739
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 313.00
RES NO. 22-15
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
920 NE STH AVENUE#B
GATU
SOPHIA FREY ADD LT 18 BLK 3 DORINA K PLACE
PGH: 12 43 46 09 16 003 0180 2175 PARK PLACE
CASE NO. NA 1457886 BOCA BATON, FL 33486 $ 161.50 Invoice No. 39750
$ 25.04 Admsn Fee
$ 241.50
210 SW 3RD AVENUE
RESUB OF S 112 OF BLK 38 & N 112 OF BLK 39,
DELRAY BCH LTS 1 & 8 BLK 39 SEAN &JOSEPHINE M. HACKNER
PCN: 12 43 46 17 07 039 0010 2012 NW 4TH AVENUE
CASE NO. NA 14-57899 DELRAY BEACH, FL 33444 $ 199.00 Invoice No. 39742
$ 55.00 Admin Fee
$ 25.00 jAdmin Fee
$ 279.00
DEUTSCHE BANK NATIONAL
914 SW 1ST STREET TRUST
LINCOLN PARK, DELRAY E 112 OF LOTS 1 &2 CIO AMERICAS SERVICING CO.
PCN: 12 43 46 17 38 000 0011 3476 STATEVIEW BLVD
CASE NO. NA 14-57927 FORT MILL, SC 29715 $ 150.00 Invoice No. 39744
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 230.00
SPANISH TRAIL
TROPIC ISLE 3RD SECTION LOTS 411 &412 KATHARINE D. MARTENS
PCN: 12 42 46 12 12 004 0131 589 DEERFIELD DRIVE
CASE NO. N14-58937 MELBOURNE, FL 32940 $ 250.00 Invoice No. 39798
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 330.00
402 SE 4TH AVENUE
OSCEOLA PARK LTS 5 & 6 (LESS 5 64.77 FT) BLK 4- GARY ALBANESE &. JOSE GARCIA
PCN: 12 43 46 21 01 004 0051 402 SE 4TH AVENUE
CASE 1\10. NA 14-59260 DELRAY BEACH, FL. 33483 $ 150.00 Invoice No. 39800
$ 55.00 Admin Fee
$ 25.00 Admin Fee
$ 230.00
2213 &2215 NE 3RD AVENUE
SEACREST PARK LOT 13 BLOCK 11 MARIE FRANCOIS
PCN: 12 43 46 04 21 011 0130 563 NW 46TH AVENUE
CASE NO. NA 60665 DELRAY BEACH, FL 33445 $ 193.00 Invoice No. 39889
$ 55.00 Admin Fee
$ 25.00 lAdmin Fee
$ 273.00
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2 RES NO. 22-15
COST OF ABATING NUE SANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
221 &223 SW 12TI-I AVENUE CRA
ATLANTIC GARDENS DELRAY LOT 6 BLOCK 7 ATTN: LORI HAYWARD
PCN: 12 43 46 17 23 007 0060 20 N. SWINTON AVENUE
CASE NO. NA 14-61211 DELRAY BEACH, FL 33444 $ 151.50 Invoice No. 39977
$ 25.00 Admin Fee
$ 231.50
5200 ESTATES DRIVE
THE ESTATES LOT 1 & 50 FEET ABND HAMLET SUNSHINE STATE LAND TRUST
DR CO
RM LYG S OF & ADJ THERETO BLOCK 1 TRUST NO. 000083
PCN: 12 42 46 24 15 001 0010 175 SW 7TH STREET STE 1514
CASE NO. NA 14-61577 MIAMI, FL 33130 $ 170.00 Invoice No. 39978
$ 55.00 Admin Fee
$ 25.00 lAdmin Fee
250.00
VIOLATION IS: SECTION 100.01—LAND TO BE KEPT FREE OF DEBRIS,VEGETATION, AND
MATTER CONSTITUTES HAZARDS;DECLARED NUISANCE
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3 RES NO. 22-15