Res 04-06
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RESOLUTION NO. 4-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y 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 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 Dekay 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,
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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 Dekay 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 Dekay 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 Y 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 Dekay 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 Dekay
Beach at the January 17. 2006 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% 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
2
Res. No. 4-06
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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 Oerk
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.
_ PASSED AND ADOPTED 10 regular seSSIOn on this
~~~.A~ ,2006.
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day of
~Y~R t!c
ATTEST:
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City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. 15t Avenue
Delray Beach, Florida 33444
3
Res. No. 4-06
,
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
Norman & Janet Richardson
124 & 130 SE 2nd Avenue 130 SE 2nd Avenue
Town of Delray S 7 FT of Lot 9, Lot 10 & Delray Beach, Florida 33444
N 53 FT of Lot 11 BLK 78 PB 1 PG 3 or
PCN 1243461601 0780091 7601 Canal Drive
Cust. No. 125 Lake Worth, Florida 33467 - 1827 $ 83.00 Inv. No. 28601
$ 55.00 Adm Fee
$ 25.00 Rae. Fee
$163.00
Lincoln Road W of 4943
Country Club Acres 2nd ADD Lt 98 PB 1 PG 3 Kenneth Hemmerle Sr
PCN 12424613030000980 4943 Lincoln Rd
Cust. No. 11792 Delray Beach, Florida 33445 $ 94.00 Inv. No. 28615
$ 55.00 Adm Fee
$ 25.00 Rec.Fee
$ 174.00
Maselina Jones
P.O. Box 1433
SW 13th Avenue Delray Beach, Florida 33447-
Atlantic Park Gardens, De,lray 1433
Lt 14 BLK2 PB 14 PG 56 or
PCN 12434617 180020140 P.O. Box 6297
Cust. No. 7262 Delray Beach, Florida 33482 $ 83.00 Inv. No. 28605
$ 55.00 Adm Fee
$ 25.00 Ree.Fee
$ 163.00
230 SW 3rd Avenue Robert L. Burns &
Town of Delray S 75 FT ~f N 150 FT of E 1/2 of S 1/2 Angela D. Burns
BLK 39 PB 1 PG 3 2578 Lake Ida Rd
peN 1243461601 0390050 Delray Beach, Florida 33445-
Cust. No. 6631 2376 $ 94.00 Inv. No. 28604
$ 55.00 Adm Fee
$ 25.00 Rec.Fee
$ 174.00
150 NE 1 st Avenue
Town Of Delray Lt 9 & N 26.5 FT of Lt 10 (Less S W 60
FT
& E 5 FT SE 1 st Avenue Rtw) BLK 67 (Old School Garrett M Bender &
Square Historic District) PB 1 PG3 Teri J Gevinson
PCN 1243461601 0670092 1000 NW 17th Avenue
Cust. No. 11794 Delray Beach, Florida 33445 $ 127.00 Inv. No. 28617
$ 55.00 Adm Fee
$ 25.00 Rec.Fee
$ 207.00
Gertrude R. Carter
103 NW 3rd Avenue 211 NW 15th Avenue
Town of Delray L T 8 BLK 43 PB1 PG3 Delray Beach, Florida 33444 or
PCN 1243461601 0430080 213 NW 15th Avenue
Cust. No. 11577 Delray Beach, Florida 33444 $ 146.00 Inv. No. 28614
$ 55.00 Adm Fee
5
RES. No. 4-06.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
$ 25.00 Rec.Fee
----
$ 226.00 .~..,--
----
144 SW 11th Avenue
Atlantic Gardens Delray Properties Unlimited Group, Inc.
Lt 24 BLK 6 PB 1 PG3 % Regine V. Bataille
PCN 12434617230060240 1810 N. Dixie HWY
Cust. No. 10856 Lake Worth, Florida 33460 $ 83.00 Inv. No. 28613
$ 55.00 Adm Fee
$ 25.00 Ree.Fee
$ 163.00
Atlantic Avenue 3 - V/L C'7TH
TOWN OF DELRA Y Bernmax Inc A
W 76 FT OF E 101 FT OF N 120 4216 Transquility Drive
FT OF S 140 FT OF E 1/2 OF S 1/2 BLK 4 PB1 PG3 % 14 NW 7th Avenue
PCN 1243461601 0040090 3rd Vac Lot S
Cust. No. 9721 Boca Raton, Florida 33487 $ 249.00 Inv. No. 28607
$ -
55.00 Adm Fee
$ 25.00 Rec.Fee
$ 329.00
Spanish Tr(
Tropic Isle 3rd Section L TS 411 & 412 PG25 PG36 Katharine D. Martens
PCN 12434628030004110 589 Deerfield Dr
Cust. No. 8844 Melbourne, Florida 32940 $ 94.00 Inv. No. 28606
$ 55.00 Adm Fee
$ 25.00 Rec.Fee
$ 174.00
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE ------.-
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
6
RES. No. 4-06.xls
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERt1fV\
AGENDA ITEM # K c.... - REGULAR MEETING OF JANUARY 17. 2006
RESOLUTION NO. 4-06
SUBJECT:
DATE:
January 13, 2006
This is a resolution assessing costs for abatement action required to remove nUlsances on ten (10)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 4-06.
Department on Caroline S/City Clerk/Lien Process/ Agmemos/tAgmemoCE..doc - ResNo 4-06
RESOLUTION NO. 4-06
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 DELRA Y BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRA Y 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.
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 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 ofland 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 Y 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
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 January 17.2006 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% 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
2
Res. No. 4 -06
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.
PASSED AND ADOPTED ill regular sesston on this
,2006.
day of
MAYOR
ATTEST:
City Clerk
3
Res. No. 4 -06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION I OWNER ASSESSMENT
I
Norman & Janet Richardson
130 SE 2nd Avenue
124 & 130 SE 2nd Avenue Delray Beach, Florida 33444
Town of Delray S 7 FT of Lot 9, Lot 10 & or
N 53 FT of Lot 11 BLK 78 PB 1 PG 3 7601 Canal Drive
PCN 1243461601 0780091 Lake Worth, Florida 33467 - 1827 $ 83.00 Inv. No. 28601
$ 55.00 Adm Fee
II $ 138.00
Lincoln Road W of 4943 II Kenneth Hemmerle Sr
Country Club Acres 2nd ADD Lt 98 PB 1 PG 3 14943 Lincoln Rd
PCN 12424613030000980 Delray Beach, Florida 33445 $ 94.00 Inv. No. 28615
$ 55.00 Adm Fee
$ 149.00
Maselina Jones I
P.O. Box 1433
Delray Beach, Florida 33447-
SW 13th Avenue 1433
Atlantic Park Gardens, Delray 'or
Lt 14 BLK2 PB 14 PG 56 I P.O. Box 6297
PCN 12434617180020140 Delray Beach, Florida 33482 $ 83.00 Inv. No. 28605
$ 55.00 Adm Fee
$ 138.00
Robert L. Burns &
230 SW 3rd Avenue Angela D. Burns I
I
Town of Delray S 75 FT of N 150 FT of E 1/2 of S 1/2 2578 Lake Ida Rd
BLK 39 PB 1 PG 3 Delray Beach, Florida 33445-
PCN 1243461601 0390050 2376 $ 94.00 Inv. No. 28604
$ 55.00 Adm Fee
, $ 149.00
150 NE 1st Avenue
Town Of Delray Lt 9 & N 26.5 FT of Lt 10 (Less S W 60
FT Garrett M Bender &
& E 5 FT SE 1 st Avenue R/W) BLK 67 (Old School Teri J Gevinson
Square Historic District) PB 1 PG3 140 NE 4th Avenue
PCN 1243461601 0670092 Delray Beach, Florida 33483 $ 127.00 Inv. No. 28617
$ 55.00 Adm Fee
$ 182.00
Gertrude R. Carter
211 NW 15th Avenue
103 NW 3rd Avenue 'Delray Beach, Florida 33444 or
Town of Delray L T 8 BLK 43 PB1 PG3 213 NW 15th Avenue
PCN 1243461601 0430080 Delray Beach, Florida 33444 $ 146.00 Inv. No. 28614
$ 55.00 Adm Fee
$ 201.00 I
Page 1
RES. No. 4-06.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
144 SW 11th Avenue Properties Unlimited Group, Inc.
Atlantic Gardens Delray % Regine V. Bataille
Lt 24 BLK 6 PB 1 PG3 1810 N. Dixie HWY
PCN 12434617230060240 Lake Worth, Florida 33460 1$ 83.00 Inv. No. 28613
$ 55.00 Adm Fee
$ 138.00
415 - 475 SE 1st Avenue !
MODEL LAND COS SUB OF W 1/2
LOT 1 L YG W OF RY & E OF ST George & Sonia Williams
(LESS N 25 FOR ST R/W & LESS W 185 FT OF E 205 % Victor, Security Realty Inv
FT 15499 W Dixie HWY
OF S 140 FT OF N 165 FT) BLK 1 PB 26 PG 113 North Miami Beach, Florida I
PCN 12434621 09001 0060 33162 $ 487.00 Inv. No. 28611
, $ 55.00 Adm Fee
$ 542.00
Atlantic Avenue 3 - V/L C'7TH Bernmax Inc A
TOWN OF DELRAY 4216 Transquility Drive
W 76 FT OF E 101 FT OF N 120 % 14 NW 7th Avenue
FT OF S 140 FT OF E 1/2 OF S 1/2 BLK 4 PB1 PG3 3rd Vac Lot S i
PCN 1243461601 0040090 Boca Raton, Florida 33487 I $ 249.00 Inv. No. 28607
$ 55.00 Adm Fee
I $ 304.00
Spanish Trl ' Katharine D. Martens
Tropic Isle 3rd Section L TS 411 & 412 PG25 PG36 589 Deerfield Dr
PCN 12434628030004110 Melbourne, Florida 32940 $ 94.00 Inv. No. 28606
$ 55.00 Adm Fee
$ 149,00
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
Page 2
RES. No. 4-06.xls