Res 19-03RESOLUTION NO. 19-03
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 DELHAY 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 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 1st day of April, 2003 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
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.
Res. No. 19-03
PASSED AND ADOPTED in regular session on this the ls£
April , 2003.
day of
ATTEST~~
City Clerk
Res. No. 19o03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TROPIC ISLE, LOT 52, PB 24, P 235, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL REMMERDEN BENSON
i(TROPIC BLVD VACANT LOT W OF 941) BUILDERS, INC.
112 43 46 28 01 000 0520 4000 NO. FEDERAL HWY # 201
CUST ID # 9670 BOCA RATON, FL 33431 $ 55.00
$ 55.O0 ADMFEE
OSCEOLA PARK, LOT 10, BLOCK 5, PB 3, P 62,
!PUBLIC RECORDS OF PALM BEACH COUNTY, FL
~(309 SE 6TH STREET) JEANCIUS KERCIUS &
12 43 46 21 01 005 0100 LAMARRE I. KERCIUS
CUST ID # 9881 309 SE 6TH STREET
DELRAY BEACH, FL 33483 $ 53.50
$ 55.00 ADMFEE
TOWN OF DELRAY, N 1/2 OF E 1/2 OF LOT 16,
BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL J. FELIX DELANCY
(146 SW 4TH AVENUE) 1470 DEKALB AVENUE
CUST ID 8293 :BROOKLYN, NY 11205-4448 $ 55.00
$ 55.00 ADM FEE
SEC 17-46-43, S 50 FT OF W 135 FT (LESS W 25 FT
RD R/W) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(1119 NW 1ST STREET) ETHEL SCOTT ESTATE
12 43 46 17 42 006 0090 !77 2ND STREET
CUST ID # 92 CANANDAIGUA, NY 14425 $ 80.50
$ 55.00 ADM FEE
SEC 17-46-43 S 50 FT OF N 150 FT OF E 135 FT OF
S 1/2 OF N 1/2 OF LOT 6/LESS E 25 FT STREET
R/O/W, PB 1, P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(114 NW 10TH AVENUE) C.A.M. DEVELOPMENTS
12 43 46 17 42 006 0010 11766 OSPREY POINT CIRCLE
CUST ID # 9577 LAKE WORTH, FL 33467 $ 100.50
$ 55.00 ADM FEE
Res. No. 19-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
NICHOLS' 2ND ADDITION TO DELRAY BEACH, MOLLIE K. BOWLES
LOT 14, PB 21, P 69, PUBLIC RECORDS OF STANLEY GOODMAN, ESQ.
PALM BEACH COUNTY, FL GUARDIAN
12 43 46 20 08 000 0140 909 EAST 8TH AVENUE
CUST ID # 5102 HIALEAH, FL 33010 $ 63.50
$ 55.0O ADM FEE
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROBERT (3. ALLEN &
(206 SW 2ND AVENUE) PATRICIA ALLEN
12 43 46 16 01 047 0030 206 SW 2ND AVENUE
CUST ID # 60 3ELRAY BEACH, FL 33444 $ 55.00
$ 55.00 ADMFEE
MONROE SUB, LOT 23, BLOCK 12, PB 14, P B 67
PUBLIC RECORDS OF PALM BEACH COUNTY, FL DOROTHY J. BUTLER &
(620 NW 1ST STREET) PAUL JONES, JR.
12 43 46 17 01 012 0230 1117 S.W. 8TH STREET
CUST ID # 65 DELRAY BEACH, FL 33444 $ 72.00
$ 55.00 ADMFEE
VIOLA3~ION IS: SECTION 1004)1 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
5
Res. No. 19-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # Ox~_.. REGULAR MEETING OF APRIL 1, 2003
RESOLUTION NO. 19-03
MARCH 28, 2003
This is a resolution assessing costs for abatement action required to remove nuisances on eight (8)
properties throughout the City.
The resolution sets forth the actual costs incun'ed and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 19-03.
AgrnemoCE.Res No 19-03
RESOLUTION NO. 19-03
A R~SOLUTZON OF TH~ CZTY COMMZSSZON OF THE CZTY OF DELRAY BEACH,
FLORZDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDZNANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CBRTAIN LAND(S) LOCATED WITHIN -£~ CITY OF DELRAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~
SETTING O~T ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF ~UCH ABATEMENT OF NUISANCES~
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON
ASSES~MENTS~ PROVIDING FOR T~E P~ECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON ~ SUBJECT PROPERTY FOR UNPAID
A~SESSMENTS.
W~RF~S, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence o£ 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 Ordinancesl 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 laid land(s) and has determined that a nuisance existed in
accordance with the Itandards 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 delcr/bing 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 eeawalls) they must abate laid nuisance, or file &
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 he levied as an assessment against said proparty~ and,
WHEREAS, the property owner(s) named in the lilt 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) dad request and receive a hearing, laid
property owner(s) £ailed 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(e)~ and,
WH~P~EAS, the City of Delray Beach, through the City Adm£nistration or such
agents or contractors hired by the City Adm~nistration 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 lubjact nuisance(s) existing thereon as described in the
notice~ and,
WHEREAS, the C~t~ ~a~er of Zhe C~ty of Delray Beach has, pursuant
~apher 100 of the Code of Ordinates of hhe C~ty of Delray Beach, s~tted to the
City Cow~ission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involvedl and,
W~R~-S, 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 o~ner(s),
NOW, 'Tli~P.~OR.~, BB ZT ]t~SOL'V~D BY ~ CX'TY COMMZBSXON OF ~ CZT~ O~ D~LRAY
FLORZDA, AS FOLLOWSs
Section X. That assessments in the individual amounts as shown by the
report o£ the City Manager o£ the City of Delray Beach, involving the City's cost o£
abating the a£oresaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and mede a part hereof, are hereby levied
against the parcel(s) o£ 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, o£ 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 ars 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 4-mediately 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 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, end interest will accrue at the Fate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums. A Notice o£ 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 a£ter the mailing date o£ 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 (0) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including · reasonable attorney's fee.
Section 5. That in the event that patment has not been received by the City
Clerk within thirty (30) days after the meiling date of the notice of assessment, the
City Clerk is hereby directed to record a certified cop~ 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 & lien shall become effective on the sttbject
property which shall secure the cost of abatement, interest at the rate of 8%, and
collection costs including a reasonable attorney's fee.
2
Res. No. 19-03
PASSED AI4'D ADOPTBD Ln rogu~&F session on ~hLs ~he · 2003,
day o£
MAYOR
ATTEST
City Clerk
Res. No. 19-03
COST OF ABATING NUISANCES UNDER CHAPTER '100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TROPIC ISLE, LOT 52, PB 24, P 235, PUBLIC REMMERDEN
RECORDS OF PALM BEACH COUNTY, FL
(TROPIC BLVD VACANT LOT W OF 941) BUILDERS, INC.
12 43 46 28 01 000 0520 4000 NO. FEDERAL HWY# 201
CUST ID # 9670 BOCA RATON, FL 33431 $ 55.00
$ 55.00 ADM FEE
OSCEOLA PARK, LOT 10, BLOCK 5, PB 3, P 62,
PUBLIC RECORDS OF PALM BEACH COUNT'Y, FL
(309 SE 6TH STREET) =JEANCIUS KERCIUS &
12 43 46 21 01 005 0100 LAMARRE I. KERCIUS
CUST ID # 9881 309 SE 6TH STREET
DELRAY BEACH, FL 33483 $ 53.50
$ 55.00 ADM FEE
TOWN OF DELRAY, N 1/2 OF E 1/2 OF LOT 16,
BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF
PALM BEACH COUN"FY, FL J. FELIX DELANCY
(146 SW 4TH AVENUE) 470 DEKALB AVENUE
CUST ID 8293 BROOKLYN, NY 11205-4448 $ 55.00
$ 55.00 ADM FEE
SEC 17.-46.43, S 50 FT OF W 135 FT (LESS W 25 FT
RD PJW) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL r
(1119 Nw 1ST STREET) ETHEL SCOTT ESTATE
12 43 46 17 42 006 0090 77 2ND STREET
CUST ID # 92 CANANDAIGUA, NY 14425 $ 80.50
$ 55.00 ADM FEE
SEC 17-46-43 S 50 FT OF N 150 FT OF E 135 FT OF
S 1/2 OF N 1/2 OF LOT 6/LESS E 25 FT STREET
R/O/W, PB 1, P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(114 NW 10TH AVENUE) C.A.M. DEVELOPMENTS
12 43 46 17 42 006 0010 11766 OSPREY POINT CIRCLE
CUST ID # 9577 LAKE WORTH, FL 33467 $ 100.50
$ 55.00 ADM FEE
Res. No. 1g-03
COST OF ABATING NUISANCES UNDER CHAPTER '100 UNDER
THE CODE OF ORDINANCE
NICHOLS 2ND ADDITION TO DELRAY BEACH, MOLLIE K. BOWLES
LOT 14, PB 21, P 69, PUBLIC RECORDS OF STANLEY GOODMAN, ESQ.
PALM BEACH COUNTY, FL GUARDIAN
12 43 46 20 08 000 0140 ,909 EAST 8TH AVENUE
CUST ID # 5102 HIALEAH, FL 33010 $ 63.50
$ 55.00 ADM FEE
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROBERT G. ALLEN &
(206 SW 2ND AVENUE) PATRICIA ALLEN
12 43 46 16 01 047 0030 206 SW 2ND AVENUE
~CUST ID # 60 DELRAY BEACH, FL 33444 $ 55.00
$ 55.OO ADMFEE
MONROE SUB, LOT 23, BLOCK 12, PB 14, P B 67
I
PUBLIC RECORDS OF PALM BEACH COUNTY, FL I DOROTHY J. BUTLER &
(620 NW 1ST STREET) PAUL JONES, JR.
12 43 46 17 01 012 0230 11117 S.W. 8TH STREET
CUST ID # 65 i DELRAY BEACH, FL 33444 $ 72.00
$ 55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
5
Res. No. 19-03