Res 46-06
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11~111~I_hllllllllllll
CFN 20060632259
OR BK 21071 PG 0428
RECORDED 11/13/2006 10:05:33
Palm Beach County, Florida
Sharon R. Bock,CLERK & CO"PTROLLER
Pgs 0428 - 432; (5pgs)
RESOLUTION NO. 46-06
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY OF
DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE
CODE OF ORDINANCES OF THE CIlY OF DELRA Y BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CIlY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CIlY 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 PROPERlY 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 100.21 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 (1)
days from the date of delivery of said notice (forty-two (42) days in the case of violation of Sectio~l
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 five (5) days from the date of delivery 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,
"i
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 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 fUst 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 July 11. 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.
2
Res. No. 46-06
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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 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
,2006.
)
ADOPTED
ill regular seSSIon on this
\ AA-- day of
~z~
. MAY'b-R
ATTEST:
~H~. \).~\~,'~\
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. 1"t Avenue
Delray Beach, Florida 33444
3
Res. No. 46-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
103 NW 3rd Avenue . --~-_. -.----
Town of Delray, Lot 8, Block 43 PB 1, PG 3 Gertrude R Carter
PCN 1243461601 0430080 211 NW 15th Avenue
Customer No. 11577 - Invoice No. 29595 Delray Beach, Florida 33444 $ 159.00 Nuis. Cost
. ------------------- $
55.00 Adm Fee
_._~_____.__ .._______n_ __~ $ 214.00
15 SW 9th Street
Bellview Court, Lot 3 & E 5 FT of Lot 4, PB 11, PG 45 Gillot Laurent
PCN 12434620150000030 4498 NW 25th Way
Cust NO.1 0223 - Invoice No. 29591 Boca Raton, FI 33434 $ 113.00 Nuis Cost
__~_~______.m _."._~~
$ 55.00 Adm Fee
-----
_n____.. $ 168.00
-
V/L N of 2955 FI Blvd
Tropic Isle 3rd Section, Lots 411 & 412, PB 25, PG 36 Katharine D. Martens
PCN 12434628030004110 589 Deerfield Dr
Cust. No. 8844 - Invoice 29465 Melbourne, FI 32940 $ 175.00 Nuis Cost
--~------------ ---- ...- -------~--- $
55.00 Adm Fee
$ 230.00
2201 & 2203 NE 3rd Avenue
Seacrest Park Lot 11, Block 11 PB 24, PG 33 Jean M Francois
PCN No. 12434601 21 011 0110 7235 Bucks Ford Dr
Cust. No. 11986 - Invoice 29634 Riverview, FI33569 $ 150.00 Nuis Cost
~~~---- ___ ______~___ ___~______ _____,_____________~_n__ _ ____._ -..~-~- $
55.00 Adm Fee
~~---------_._..__.._--- -...-. ----.... ---.. -- .....~-------_._.__._---- _.------- $ 205.00
------"- -- VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED --
NUISANCE
Res. No. 46-06
[IT' DF DElRAY BEA[H
DELRAY BEACH
f LOR I D ^
100 N.W. 1 st AVENUE
DELRAY BEACH. FLORIDA 33444
561/243-7000
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1993 I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that
200the attached document is a true and correct copy of Resolution No. 46-06, as the same was passed
and adopted by the Delray Beach City Commission in regular session on the 11 th day of July, 2006.
CERTIFICATION
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IN WITNESS WHEREOF, I ~ hereunto set my hand and the official seal of the City
of Delray Beach, Florida, on this the \ ~ of July, 2006.
~~~.~~.~
Chevelle D. Nubin
City Clerk
City of Delray Beach, Florida
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Res. No. 46-06
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RESOLUTION NO. 46-06
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 100.21 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 delivery 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 five (5) days from the date of delivery 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 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 July 11. 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.
2
Res. No. 46-06
('
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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 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
,2006.
)
ADOPTED
ill regular seSSIon on this
\ AA-- day of
~zl!A
M A YC'1-R
ATTEST:
~. ~. \). ~~~ ,of'- \
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. rt Avenue
Delray Beach, Florida 33444
3
Res. No. 46-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER I ASSESSMENT
103 NW 3rd Avenue I
Town of Delray, Lot 8, Block 43 PB 1, PG 3 Gertrude R Carter
PCN 1243461601 0430080 211 NW 15th Avenue
Customer No. 11577 - Invoice No. 29595 Delray Beach, Florida 33444 $ 159.00 Nuis. Cost
---..------- $
55.00 Adm Fee
$ 214.00
511 NE 3rd Avenue
Del Ida Park N 14.6 FT of Lot 8 & Lot 9, Block 13 I Peter K. Smith &
(Del-Ida Park Historic District) PB 9, PG 52 i Maria Munro
PCN 12434609290130081 P.O. Box 31058
Cust. No. 11553 - Invoice No. 29594 i!West Palm Beach, FI33420 $ 113.00 Nuis Cost
I-- ---
$ 55.00 Adm Fee
-
$ 168.00
15 SW 9th Street I
Bellview Court, Lot 3 & E 5 FT of Lot 4, PB 11, PG 45 Gillot Laurent
PCN 12434620150000030 4498 NW 25th Way
Cust No. 10223 - Invoice No. 29591 Boca Raton, FI 33434 : $ 113.00 Nuis Cost
--
$ 55.00 Adm Fee
$ 168.00
VIL N. of 121 SW 10th Avenue
Lincoln Park, Lot 5 PB 23, PG 160 Virgil Stubs
PCN 12 43 46 17 38 0000050 326 SW 5th Avenue
Cust. No. 4146 - Invoice 29588 I Delray Beach, FI33444 $ 122.00 Nuis Cost
~..._~----_._-~.-
$ 55.00 Adm Fee
$ 177.00
717 SW 3rd Street Orchid Circle LLC
Carver Square, Lots 26 & 27, PB 77, PG 57 % Lisa I Glassman, Reg Agt
PCN 1243461731 0000260 2627 NE 203rd Street #100
Cust. No. 11673 - Invoice 29596 North Miami Beach, FI33180 $161.00 Nuis Cost
---------
$ 55.00 Adm Fee
$ 216.00
24 & 30 SE 4th Street
Model Land Cos SUB of W 1/2 E 100 FT of N 165 FT of I
Lot 1 W of RY Block 1, PB 26, PG 113 Hoque & AHM Rabya I
PCN 12 43 46 21 09 0010090 905 Kokomo Ln
Cust. No. 11951 - Invoice 29466 Delray Beach, FI33483 $ 156.00 Nuis Cost
~--_. ---
$ 55.00 Adm Fee
$ 211.00
Res. No. 46-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
j
I
V IL N of 2955 FI Blvd i
I
Tropic Isle 3rd Section, Lots 411 & 412, PB 25, PG 36 Katharine D. Martens !
PCN 12434628030004110 589 Deerfield Dr
Cust. No. 8844 - Invoice 29465 Melbourne, FI 32940 $ 175.00 Nuis Cost
$ 55.00 Adm Fee
$ 230.00
!
I
959 Eve Street
Tropic Isle, Lot 27, PB 25, PG 77 I Scott & Karen Efron
PCN 1243462801 0000270 ,959 Eve Street
Cust. No. 11953 - Invoice No. 29468 Delray Beach, FI 33483 $ 175.00 Nuis Cost
I $ 55.00 Adm Fee
$ 230.00
629 SE 2nd Avenue
Osceola Park W 63.36 FT of Lots 28, 29 & 30
Block 7, PB 3, PG 2 Ben & Iris D. Hammett
PCN No. 12434621 01 0070281 2996 Byington Circle
Cust No. 6256 - Invoice No. 29463 Tallahassee, FI32303 $ 200.00 Nuis Cost
__0 0"
$ 55.00 Adm Fee
$ 255.00
645 SW 20th Court Delray Golfview Condo Assoc. In
PB 1, PG 3 % Herme Wallace, Reg Agt.
PCN No 12434619220000000 312 Live Oaks Lane
Cust. No. 8048 - Invoice No. 29464 Boynton Beach, FI 33436 $ 247.00 Nuis Cost
.-.------- $
55.00 Adm Fee
$ 302.00
I
I
Read of 506 South ridge
Lots 26 & 27, Block 10, PB 13, PG 39 Shorewalker Homes, LLC
PCN No 12434620130100260 1613 Redgrave Road
Cust. No. 10325 - Invoice 29416 Knoxville, TN 37922 $ 181.00 Nuis Cost
$ 55.00 Adm Fee
-- $ 236.00
404 SE 4th Avenue
Osceola Park S 64.77 FT of Lots 5 & 6, Block 4 I
PB 3, PG 2 i Mark Yellen
PCN No 12434621 01 0040052 .5534 Ainsley Court
Cust. No. 11952 - Invoice 29467 : Boynton Beach, FI 33437 $ 150.00 Nuis Cost
----..-...-....-----____0 $
55.00 Adm Fee
$ 205.00
Res. No. 46-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
700 Ave Chaumont
Chatelaine No 1 Lot 13, Block 5 PB 1, PG 3 Dolores G Bell Est
PCN No. 12424612030050130 700 Avenue Chaumont
Cust. No. 9996 - Invoice 29631 Delray Beach, FI 33445 $ 185.00 Nuis Cost
$ 55.00 Adm Fee
I $ 240.00
I
I
518 SW 4th Street
SUB of SEC 20-46-43 W 83 FT of E 208 FT of N 108
of Lot 1 PB 1, PG3 i Mary B Elder
PCN No. 12 43 46 20 01 001 0020 518 SW 4th Street
Cust. No. 11984 - Invoice 29632 Delray Beach, FI33444 $ 161.00 Nuis Cost
$ 55.00 Adm Fee
$ 216.00
2201 & 2203 NE 3rd Avenue
Seacrest Park Lot 11, Block 11 PB 24, PG 33 Jean M Francois
PCN No. 12434601 21 011 0110 7235 Bucks Ford Dr i
Cust. No. 11986 - Invoice 29634 Riverview, FI 33569 $ 150.00 INuis Cost
$ 55.00 Adm Fee
$ 205.00
640 SW 4th Avenue
Rosemont Park Delray Lots 13 to 151NC Block 1
PB 1, PG 3 Donna M Cook
PCN No. 1243462014001 0130 640 SW 4thAvenue
Cust. No. 11985 - Invoice 29633 Delray Beach, Florida 33444 $ 172.00 Nuis Cost
$ 55.00 Adm Fee
$ 227.00
212 NW 5th Avenue
Town of Delray N 50 FT ~f S 250 FT of Block 18
(Less W 143 FT & E 20 FT RD R/W) PB 1, PG 3 William M & Carolyn Young
PCN No 1243461601 0180120 15112 Tall Oak Avenue
Cust No 7809 - Invoice 29630 Delray Beach, FI 33446 $ 174.00 Nuis Cost
$ 55.00 Adm Fee
$ 229.00
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
~_ _u_ OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
Res. No. 46-06
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1;V\
SUBJECT: AGENDA ITEM # g e:> - REGULAR MEETING OF JULY 11, 2006
RESOLUTION NO. 46-06
DATE: JULY 7, 2006
This is a resolution assessing costs for abatement action required to remove nuisances on eighteen (18)
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. 46-06.
(S): City Clerk/LIEN PROCESS/AGMEMOS/IAgmemoCE Res No 46-06.doc
RESOLUTION NO. 46-06
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 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 100.21 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 (1)
days from the date of delivery 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 five (5) days from the date of delivery 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 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 July 11. 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.
2
Res. No. 46-06
?~
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 seSSIon on this
,2006.
day of
MAYOR
ATTEST:
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W.!"' Avenue
Delray Beach, Florida 33444
3
Res. No. 46-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
103 NW 3rd Avenue
Town of Delray, Lot 8, Block 43 PB 1, PG 3 Gertrude R Carter
PCN 1243461601 0430080 211 NW 15th Avenue
Customer No. 11577 - Invoice No. 29595 Delray Beach, Florida 33444 $ 159.00 Nuis. Cost
$ 55.00 Adm Fee
$ 214.00
511 NE 3rd Avenue
Del Ida Park N 14.6 FT of Lot 8 & Lot 9, Block 13 Peter K. Smith &
(Del-Ida Park Historic District) PB 9, PG 52 Maria Munro
PCN 12434609290130081 P.O. Box 31058
Cust. No. 11553 - Invoice No. 29594 West Palm Beach, FI33420 $ 113.00 Nuis Cost
$ 55.00 Adm Fee
$ 168.00
15 SW 9th Street
Bellview Court, Lot 3 & E 5 FT of Lot 4, PB 11, PG 45 Gillot Laurent
PCN 12434620150000030 4498 NW 25th Way
Cust No. 10223 - Invoice No. 29591 Boca Raton, FI 33434 $ 113.00 Nuis Cost
$ 55.00 Adm Fee
$ 168.00
V/L N. of 121 SW 10th Avenue
Lincoln Park, Lot 5 PB 23, PG 160 Virgil Stubs
PCN 12 43 46 17 38 000,0050 326 SW 5th Avenue
Cust. No. 4146 - Invoice 29588 Delray Beach, FI 33444 $ 122.00 Nuis Cost
$ 55.00 Adm Fee
$ 177.00
717 SW 3rd Street Orchid Circle LLC
Carver Square, Lots 26 & 27, PB 77, PG 57 % Lisa I Glassman, Reg Agt
PCN 12434617 31 0000260 2627 NE 203rd Street #100
Cust. No. 11673 - Invoice 29596 North Miami Beach, FI33180 $ 161.00 Nuis Cost
$ 55.00 Adm Fee
$ 216.00
24 & 30 SE 4th Street
Model Land Cos SUB ofW 1/2 E 100 FT of N 165 FT of
Lot 1 W of RY Block 1, PB 26, PG 113 Hoque & AHM Rabya
PCN 12434621 09001,0090 905 Kokomo Ln
Cust. No. 11951 - Invoice 29466 Delray Beach, FI 33483 $ 156.00 Nuis Cost
$ 55.00 Adm Fee
$ 211.00
Res. No. 46-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
V IL N of 2955 FI Blvd
Tropic Isle 3rd Section, Lots 411 & 412, PB 25. PG 36 Katharine D. Martens
PCN 12434628030004110 589 Deerfield Dr
Cust. No. 8844 - Invoice 29465 Melbourne, FI 32940 $ 175.00 Nuis Cost
$ 55.00 Adm Fee
- $ 230.00
959 Eve Street
Tropic Isle, Lot 27, PB 25. PG 77 Scott & Karen Efron
PCN 1243462801 0000270 959 Eve Street
Cust. No. 11953 - Invoice No. 29468 Delray Beach, FI33483 $ 175.00 Nuis Cost
$ 55.00 Adm Fee
$ 230.00
629 SE 2nd Avenue
Osceola Park W 63.36 FT of Lots 28, 29 & 30
Block 7, PB 3, PG 2 Ben & Iris D. Hammett
PCN No. 12434621 01 0070281 2996 Byington Circle
Cust No. 6256 - Invoic~ No. 29463 Tallahassee.Fl32303 $ 200.00 Nuis Cost
II $ 55.00 Adm Fee
$ 255.00
645 SW 20th Court Delray Golfview Condo Assoc. In
PB 1, PG 3 % Herme Wallace, Reg Agt.
PCN No 12434619220000000 312 Live Oaks Lane
Cust. No. 8048 - Invoice No. 29464 Boynton Beach, FI 33436 $ 247.00 Nuis Cost
$ 55.00 Adm Fee
$ 302.00
Read of 506 South ridge
Lots 26 & 27, Block 10, PB 13, PG 39 Shorewalker Homes, LLC
PCN No 12434620130100260 1613 Redgrave Road
Cust. No.1 0325 - Invoice 29416 Knoxville, TN 37922 $ 181.00 Nuis Cost
$ 55.00 Adm Fee
$ 236.00
404 SE 4th Avenue
Osceola Park S 64.77 FT of Lots 5 & 6, Block 4
PB 3, PG 2 Mark Yellen
PCN No 12 434621 01 0040052 5534 Ainsley Court
Cust. No. 11952 - Invoice 29467 Boynton Beach, FI 33437 $ 150.00 Nuis Cost
$ 55.00 Adm Fee
$ 205.00
.
Res. No. 46-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
700 Ave Chaumont
Chatelaine No 1 Lot 13,. Block 5 PB 1, PG 3 Dolores G Bell Est
PCN No. 12424612030050130 700 Avenue Chaumont
Cust. No. 9996 - Invoice 29631 Delray Beach, FI 33445 $ 185.00 Nuis Cost
$ 55.00 Adm Fee
$ 240.00
518 SW 4th Street
SUB of SEC 20-46-43 W 83 FT of E 208 FT of N 108
ofLot 1 PB 1, PG3 Mary B Elder
PCN No. 12 43 46 20 01 001 0020 518 SW 4th Street
Cust. No. 11984 - Invoice 29632 Delray Beach, FI 33444 $ 161.00 Nuis Cost
$ 55.00 Adm Fee
$ 216.00
2201 & 2203 NE 3rd Avenue
Seacrest Park Lot 11 , Block 11 PB 24, PG 33 Jean M Francois
PCN No. 12434601 21 011 0110 7235 Bucks Ford Dr
Cust. No. 11986 - Invoice 29634 Riverview, FI 33569 $ 150.00 Nuis Cost
$ 55.00 Adm Fee
$ 205.00
218 NE 5th Street
Del Ida Park Lot 15, Block 7 (Del-Ida Park Historic JAG 25 Enterprises, Inc
District) PB 9 PG 52 % Jeffrey Goldberg
PCN No. 12434609290070150 11031 Springfield PI
Cust No. 11987 - Invoice 29635 Pembroke Pines, FI 33026 $ 174.00 Nuis Cost
$ 55.00 Adm Fee
$ 229.00
640 SW 4th Avenue
Rosemont Park Delray Lots 13 to 15 INC Block 1
PB 1, PG 3 Donna M Cook
PCN No. 1243462014001 0130 640 SW 4th Avenue
Cust. No. 11985 - Invoice 29633 Delray Beach, Florida 33444 $ 172.00 Nuis Cost
$ 55.00 Adm Fee
$ 227.00
212 NW 5th Avenue
Town of Delray N 50 FT of S 250 FT of Block 18
(Less W 143 FT & E 20 FT RD R/W) PB 1, PG 3 William M & Carolyn Young
PCN No 1243461601 0180120 15112 Tall Oak Avenue
Cust No 7809 - Invoice 29630 Delray Beach, FI33446 $ 174.00 Nuis Cost
$ 55.00 Adm Fee
$ 229.00
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
Res. No. 46-06