Res 98-00RESOLUTION NO. 98-00
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 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 A~ministration 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 s~all 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 5th day of December~ 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
2
Res. No. 98-00
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 in regular session on this the 5th day of
December , 2000.
MAYOR
ATTEST:
Res. No. 98-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
DELRAY MANOR ADD TO DELRAY, LOTS 21 & 22,
PB 12, P 59, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
413 SW 10TH STREET)
tOWN OF DELRAY, S 50 FT OF N 100 FT OF
W 135 FT OF BLOCK 20, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
43 NW 6TH AVENUE)
;)ELL PARK, LOTS 3 & 4, BLOCK 8, PB 8, P 56,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(1012 NE 3RD AVENUE)
'ALPHONS J &
~ FERN I BONET
7413 SW 10TH STREET
i'DELRAY BEACH, FL 33444
!,WILLIAM M. & CAROLYN YOUNG
i" 15112 TALL OAK AVENUE
'I DELRAY BEACH, FL 33446
RICHARD A. COURT, EST
1525 WEST 1600 NORTH
;.MAPLETON, UT 84664-3334
$ 83 00
$ 7000 .ADM. FEE
$ 57.90
$ 7000 ADMFEE
$ 78 00
$ 7000 ADM FEE
VIOLATION IS. SEC 100-01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE.
6
Res No 98-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
ATLANTIC GARDENS DELRAY, LOT 1, BLOCK 9,
PB 14, P 63, PUBLIC RECORDS OF PALM
BEACH, FL
(VACANT LOT SW OF 11TH AVENUE)
TOWN OF DELRAY, LOT 17, BLOCK 23, PB 10, P 69,
IpUBLIC RECORDS OF PALM BEACH COUNTY, FL
~(217 SW6TH AVENUE)
ANNIE M WATT &
MAGGIE L WATT
336 SW 5TH AVENUE
DELRAY BEACH, FL 33444
!BERTHA PRESTON
1001 WEST 3RD STREET
RIVIERA BEACH, FL
33404-7815
$ 75 00
$ 70.00
50 95
70 00
ADM. FEE
ADM.FEE
TOWN OF DELRAY, S 75 FT OF W 135.6 FT OF
BLOCK 39, PB 11, P 34, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
315 SW 3RD STREET)
'ATUNE ENTERPRISES, INC
3477 JUPITER BLVD.
PALM BAY, FL 32909-4102
50 95
70 O0
ADM FEE
-IIGH ACRES, LOT 7/LESS E 16 FT, PB 21, P 85,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
114 NW 16TH STREET)
tOWN OF DELRAY, LOT 7 (LESS SO 9.85 FT OF
E .27 FT) BLOCK 92, PB 1, P 21, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL
301 EAST ATLANTIC AVENUE)
SEC 13-46-42, W 1/2 OF NW 1/4 OF SE 1/4 OF
SW 1/4 OF SW 1/4 (LESS W 15 FT & N 47 FT
R/W) PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
VACANT LOT WEST OF 4678 WEST ATLANTIC AVE.)
ELAINE J. MORAN
114 NW 16TH STREET
DELRAY BEACH, FL 33444
MICHAEL GOCHENOUR
301 EAST ATLANTIC AVENUE
DELRAY BEACH, FL 33483
CHAMBERS ATLANTIC
{PROPERTIES
~ 5300 W. ATLANTIC AVE. #400
DELRAY BEACH, FL 33484
$ 58 93
$ 70 00
$ 50.95
$ 70.00
$ 234.00
$ 70 00
ADM FEE
ADM. FEE
ADM FEE
Res. No. 98-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
MCGINLEY & GOSMANS SUB, LOT 58/LESS NO
8 FT SR R/ONV, PB 2, P 87, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
630 GEORGE BUSH BOULEVARD)
~IDGEWOOD HEIGHTS DELRAY, LOT 6, BLOCK C,
PB 14, P 44, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
16680 SW 8TH AVENUE)
)SCEOLA PARK, LOT 34 & S 25 FT OF LOT 35,
BLOCK 8, PB 3, P 2, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(711 SE 2ND AVENUE)
I B ~x B BAKERY, INC
5967 PATIO DRIVE
~iBOCA RATON, FL 33433-5461
1,
?'OSCAR E. GARCIA &
!~' CHRISTINA GARCIA
! 16680 SW 8TH AVENUE
' DELRAY BEACH, FL 33444
WHITMORE J PELECANOS &
MARIA AMADOR PELECANOS
711 SE 2ND AVENUE
DELRAY BEACH, FL 33483
$ 67 59
$ 7000 ADMFEE
$ 75 00
$ 70.00 ADM. FEE
$ 75.00
$ 70,00 ADM FEE
OSCEOLA PARK, LOT 27, BLOCK 9, PB 3, P 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(213 & 215 SE 9TH STREET)
'GIACINTO J SCHWALL
901 NW 6TH AVENUE
BOCA RATON, FL 33432
$ 83 00
$ 7000 .ADM FEE
SUB SEC 20-46-43, W 1/4 OF LOT 29 (LESS N 50 FT
& E 100 FT OF SLY 592 48 FT OF NLY 642 48 FT)
PB 28, P 68, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
'SW 10TH STREET/EAST OF 1180)
H & S DEVELOPMENT GROUP, INC
c/o HENRI M HAGE, REG AGENT
671 NW 48TH AVENUE
'MARGATE, FL 33063
$ 156.90
$ 7000 ADM FEE
)SCEOLA PARK, LOT 30, BLOCK 13, PB 3, P 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
'713 SE 4TH AVENUE)
i' RICHARD A. RANGER
1713 SE 4TH AVENUE
',DELRAY BEACH, FL 33483
$ 40 95
$ 70.00 ADM. FEE
IEFFERSON MANOR, LOT 32, PB 24, P 150,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(1331 PROSPECT STREET)
LEONARD C. BRYANT
645 ENFIELD COURT
DELRAY BEACH, FL 33444
$ 109 00
$ 15.95 ADM FEE
5
Res No 98-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
DELRAY MANOR ADD TO DELRAY, LOTS 21 & 22,
PB 12, P 59, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
413 SW 10TH STREET)
i'OWN OF DELRAY, S 50 FT OF N 100 FT OF
W 135 FT OF BLOCK 20, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
43 NW 6TH AVENUE)
)ELL PARK, LOTS 3 & 4, BLOCK 8, PB 8, P 56,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
1012 NE 3RD AVENUE)
' ALPHONS J. &
'FERN I. BONET
7413 SW 10TH STREET
DELRAY BEACH, FL 33444
. WILLIAM M & CAROLYN YOUNG
i'~ 15112 TALL OAK AVENUE
DELRAY BEACH, FL 33446
. RICHARD A COURT, EST
1525 WEST 1600 NORTH
MAPLETON, UT 84664-3334
83 O0
70 O0
57.90
70 00
78 00
70.00
ADM. FEE
ADM FEE
ADM FEE
VIOLATION IS' SEC 100-01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE.
Res No. 98-00