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Res 62-00RESOLUTION NO. 62-00 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 NIJISANCES; 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 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 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 7th day of September, 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. 62-00 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cqst 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 7th day of September , 2000. MAYOR ATTEST: J City ~lerk Res. No. 62-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT CARVER PARK, LOT 14, BLOCK 2, PB 27, P 255, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 317 SW 15TH TERRACE) kTLANTIC GARDENS DELRAY, LOTS 2 & 3, BLOCK 9, PB 14, P 63, PUBLIC RECORDS OF LRAY BEACH, FL 'SW 11TH AVENUE, LOTS 1,2 NO OF 115) JACQUELYN HAYWOOD 4120 NW 8TH TERRACE POMPANO BEACH, FL 33064 CARRIE JOHNSON CIO JUANITA BECKETT 410 NW 7TH AVENUE BOYNTON BEACH, FL 33435 116.90 70 00 ADM FEE $ 83 88 $ 70 00 ADM FEE 'OWN OF DELRAY, N 50 FT OF S 1/2/LESS S 8 FT OF E 135 FT/BLOCK 22, PB 10, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (126 SW 5TH AVENUE) 'MAMIE L YOUNG PO BOX 265 DELRAY BEACH, FL 33447 $ 75 90 $ 70.00 ADM FEE ;ARVER MEMORIAL PARK SUB, LOT 2, BLOCK A, PB 27, P 55, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 204 NW 13TH AVENUE) :)OINCIANA HEIGHTS OF DELRAY BEACH, LOT 29, PB 26, P 245, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 315 NW 12TH AVENUE) 'JULIA SIMMS 204 NW 13TH AVENUE DELRAY BEACH, FL 33444 CARL J CARTER, JR 315 NW 12TH AVENUE DELRAY BEACH, FL 33444 $ 82.85 $ 70.00 ADMFEE $ 50 95 $ 70 00 ADM FEE SUB OF N 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4 UNREC/LOT 1, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 802 SW 3RD STREET) 'JAMES & HATTIE L. BROWN 802 SW 3RD STREET DELRAY BEACH, FL 33444 ;)DMANNS SUB, LOT 18, BLOCK 4, PB4, P 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 40 SW 13TH AVENUE) 'E. HARRISON & LUCILLE HARRISON 321 ROSS DRIVE DELRAY BEACH, FL 33445 67 93 70.00 ADM FEE $ 50 95 $ 70.00 ADM. FEE Res No 62-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SEACREST PARK, LOT 10, BLOCK 9, PB 24, P 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 257 NE 20TH STREET) )ELRAY BEACH HIGHLANDS sEc~ 1, LOT 18,- BLOCK 2, PB 26, P 209, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (2127 SW 13TH STREET) , DANIEL LOPEZ & JESSICA HOLT 1257 NE 20TH STREET ;,DELRAY BEACH, FL 33444 $ i. JEANCLAUDE JOSEPH ~.'2127 SW 13TH STREET i DELRAY BEACH, FL 33445 15 95 -70.00 ADM. FEE $ 24 73 ,~ '$ 70.00 ADM FEE i, DELRAY SHORES 1ST ADD, LOT 18, BLOCK 15, : SEC'Y OF HOuSiNG &~- PB 28, P 2, PUBLIC RECORDS OF PALM URBAN DEVELOPMENT BEACH COUNTY, FL 1320 SOUTH DIXIE HWY (2655 DORSON WAY) ?CORAL GABLES, FL 33146 $ 75.90 TOWN OF DELRAY, N 37.5 FT OF W 130.44 F~ i DOROTHY M WALKER OF E 155.44 FT OF E 1/2 OF S 112, BLOCK 4, 'PO BOX 1786 PB 1, P 3, PUBLIC RECORDS OF PALM BEACH BELLE GLADE, FL 33430 COUNTY, FL NW 7TH AVE VACANT LOT SO OF 24) : ~ $ 66.90 ,~ $ 70~00 ADM I~EE ;)ELRAY SHORES, LOT 3, BLOCK 3, PB 24, P 233, iMARKER 88 INC. PUBLIC RECORDS OF PALM BEACH COUNTY, FL '400 SOUTH DIXIE HWY # 421 524 ANGLER DRIVE) BOCA RATON, FL 33432 $ 50 95 $ 70.00 ADM. FEE ;)ELRAY SHORES, LOT 25, BLOCK 2, PB 24, P 233, i.'SEC'¥ OF HOUSING & URBAN DEV PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1909 SE 1ST AVENUE # 500 ~, : 575 ANGLER DRIVE) . MIAMI, FL 33131 $ 59.95 - - ~ $ 15.95-ADM. FEE , RUBY L. HARRIS ;:CIO P.C. WELLS ~'7012 SUNNYSIDE LANE ' FT WASHINGTON, MD 20744-4325 $ 70,00 'ADM FEE - $ 66.90 $ 70.00 ADM FEE FOWN OF DELRAY, S 37 5 FT OF N 75 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2, BLOCK 4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL NW 7TH AVE 2ND VACANT LOT SO OF 24) Res No 62-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, LOT 17, BLOCK 23, PB 10, PB 69, PUBLIC RECORDS OF PALM BEACH ,COUNTY, FL (217 SW 6TH AVENUE) ATLANTIC GARDENS DELRAY, LOT 23, BLOCK 6, PB 14, P 63, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 142 SW 11TH AVENUE) BERTHA PRESTON 1001 WEST 3RD STREET RIVIERA BEACH, FL 33404 WILSON & HENRY WILSON PO BOX 1676 ' DELRAY BEACH, FL 33447 66.95 70 00 50.95 70.00 ADM FEE ADM. FEE NTLANTIC PARK GARDENS, DELRAY, LOT 19, BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 39 SW 13TH AVENUE) FOWN OF DELRAY, S 1/2 OF LOT 5, BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF PALM BE~CH COUNTY, FL (129 SW 5TH AVENUE) ATLANTIC PARK GARDENS, DELRAY, LOT 13, BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (17 SW 14TH AVENUE) ATLANTIC PARK GARDENS, DELRAY, LOT 20, BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL NW 13TH AVE CORNER VACANT LOT) J. D. MONROE & EARLINE MONROE 32 EARLE STREET HARTFORD, CT 06120-1714 'ETHEL MACKEY CIO SHIRLEY M. WALLACE 1120 NW 64TH STREET MIAMI, FL 33150-4231 DAISY M RAY PO BOX 74 LENOX, GA 31637-0074 RPI MANAGEMENT CORP 209 NE 95TH STREET, ST. 2 MIAMI, FL 33139 $ 50 95 $ 70 00 $ 58 93 $ 7O 00 $ 58 93 $ 70 00 $ 50 95 $ 70 00 ADM. FEE ADM FEE ADM FEE ADM FEE )RMANNS SUB, LOT 19, BLOCK 1, PB 4, P 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FL NW 13TH AVENUE, VACANT LOT NO. OF 44) -'O. W. BURROUGH§ & - MILDRED BURROUGHS 243 BILBOA STREET ROYAL PALM BEACH, FL 33411 $ 58.93 $ 70.00 ADM FEE 6 Res No 62-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SOPHIA FREY ADD, LOT 18, BLOCK 3, PB 4, P 37, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 920 NE 8TH AVENUE) ~OUTHRIDGE, LOT 6, BLOCK 7, PB 13, P 39, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2406 SUNDY AVENUE) ~OUTHRIDGE, LOT 7, BLOCK 7, PB 13, P 39, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2410 SUNDY AVENUE) DANIEL A. & MUGGCO JAMES M O'BRIEN 225 MCFARLANE DRIVE DELRAY BEACH, FL 33483 DAVID M MoRANO & JOSEPH MORANO 800 CYPRESS POINT DR. W. PEMBROKE PINES, FL 33027 DAVID M MORANO & JOSEPH MORANO 800 CYPRESS POINT DR W PEMBROKE PINES, FL 33027 23.93 7000 ADM FEE $50 95 $70 00 ADM. FEE $50 95 $70.00 ADM. FEE 'OWN OF DELRAY, S 50 FT OF N 227 FT OF W 135 FTOF BLOCK 2, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 231 NW 8TH AVENUE) JOSEPH PRICE PO BOX 1432 BARNWELL, SC 29812 $58 93 $70 00 ADM FEE )SCEOLA PARK, LOTS 17 & 18, BLOCK 104, PB 3, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 331 SE 4TH AVENUE) DUBIQUE ROSALVA 331 SE 4TH AVENUE DELRAY BEACH, FL 33483 $74 88 $7000 ADM FEE IVIOLATION IS SEC 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. Res No. 62-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/b~ AGENDA ITEM ~/~ - REGULAR MEETING OF SEPTEMBER 7, 2000 RESOLUTION NO. 62-00 AUGUST 30, 2000 This is a resolution assessing costs for abatement action requited to remove nuisances on twenty-six (26) properties throughout the City. The resoluuon sets forth the actual costs recurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 62-00. Ref:Agmemo 15.Res62-00.NmsanceAbatement