Res 06-99RESOLUTION NO. 6-99
A RESOLUTION OF THE CITY COmmISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF TEE CITY OF DELEAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING TEAT 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 ASSESS-
MENTS.
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,
WaJ~A¥, ~.e prope~c~, owner(s) names in l:be .List a~'l~aoAe~ 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
~_~rs_~a.n~ to..Section. 1_.00.2:1 and :100.22 within the t/me 1/mits prescribed
n saxa noclce ana cnapter 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
t/me designated at the hearing wherein a decision was rendered adverse to
the property oWner(s); and,
ts-- WHEREAS, .the City of Delray Beach, through the City Administra-
AQn or such agen=s or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
~_~tac~ed an~ .mad~ a. part hereof and incurred costs in abating the
um3Bcc nulsancets~ 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 CO~ISSION 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 s~me extent as the lien for general city taxes and
shall be collectible in the same m~nner as mortgages and foreclosures ara
under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
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h -- ..Section 3. That the City Clerk of the City of Delray Beach is
ere~y ~lrected to ~-"~diately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the County
_Tax .Assess. o.r, notice(s} that the City Commission of the City of Delray
~aacn on ~ne 19th day of Js,,,,r~ 1999
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
tice of '.ien .h,ll be --il.d, .long with th.
~*~ uL ~ssessmen= an~ ~ls resolution.
'30' ~ _Sec~tion .4.. .That this resolution shall become effective thirty
% I ~ays zrom ~ne ~ate of adoption and the assessment (s) contained
he~rein shall become due and payable thirty (30) days after the mailin-
c~.:e .of the notice of said assessment(s}, after which a lien ~ ~
p-an.o on ..id prop.rty(.,, .nd int.r..t sh.ll .ccru..t th. %'it'~ i~
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceed/ngs including a reasonable
attorney's fee.
Section 5. That in the event that pattent has not been received
by the City Clerk within thirty (30) days after the mailing date of the
not.~..ce., of assessment, the City Clerk is hereby directed to record a
cer:lzled copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certified
f~_~ ?~ ~.-_r.:o.~.~tion . ll.n .hall b. co-- .ff. ctiv. on th..ubS.ct
m ~per=y which snal- 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 lgth day
of Januar~ , 1999.
ATTEST:
~City c~erk
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
OSCEOLA PARK, LOTS 21 & 22, BLOCK 104, PB 3, JIM & JANICE SOODEEN $146.00
P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, 921 SE 2nt) AVENUE
FL 70.00 ADM. FEE-
(309 SE 4TM AVENUE) DELRAY BEACH, FL 33483
TOWN OF DELRAY, N 1/2 OF LOT 5, BLOCK 30, AMY CHARLOW $59.00
PB I, P 3, PUBLIC RECORDS OF PALM BEACH 125 SW 5TM AVENUE
COUNTY, FL 70.00 ADM. FEE-
(125 SW 5TM AVENUE) DELRAY BEACH, FL 33444
CARVER SQUARE, LOTS 12 TO 14 INC. & LOT 16, RPI MANAGEMENT CORP $278.00
PB 24, P 1 I, PUBLIC RECORDS OF PALM BEACH HAMPTON REAL ESTATE, INC.
' COUNTY, FL 70.00 ADM. FEE
O/AC LOT WEST OF 700 SW 2n° COURT) 1300 BAXTER ST. #215
CHARLOTE, NC 28204-3053
TOWN OF DELRAY, S 75 PT OF W 135.6 FT OF ATUNE ENTERPRISES, INC. $67.00
BLOCK 39, PB I, P 3, PUBLIC RECORDS OF PALM 3477 JUPITER BLVD. 70.00 ADM. FEE
BEACH COUNTY, FL
(315 SW 3~° STREET) PALM BAY, FL 32909-4102
OSCEOLA PARK, LOT 19, BLOCK 6, PB 3, P 2, WAYNE E. & ALETHA ROSEKE $59.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL RR 10 BOX 2008
(VAC LOT EAST OF 119 SE 6TM STREET) 70.00 ADM. FEE
LAKE CITY, FL 32025-8821
SEC. 9-46-43, N 324.1 PT OF LOT 38 LYG W OF DEE CAR REALTY LTD $49.00
FEDERAL HWY & E OF OLD DIXIE HWY R/W, PB 1 701 SE 6TM AVENUE #201 70.00 ADM. FEE
P 4, PUBLIC RECORDS OF PALM BEACH COUNTY, DELRAY BEACH, FL 33483
FL
(1900 NORTH FEDERAL HWY)
DELRAY SHORES, LOT 5, BLOCK 7, PB 24, P 233, PT MORTGAGE COMPANY $ 32.00
' PUBLIC RECORDS OF PALM BEACH COUNTY, FL 8001 STEMMONS FWY 70.00 ADM. FEE
(2578 DORSON WAY) DALLAS, TX 7524%4101
DELRAY SHORES lSr ADD, LOT 12, BLOCK 12, PB RON & LYNN GIBBS & $69.00
28, P 2, PUBLIC RECORDS OF PALM BEACH CHARLOTTE VANTINE 70.00 ADM. FEE
COUNTY, FL RT 6 BOX 399-B
2788 LAKE IDA ROAD) MURPHY, NC 28906-9658
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Res. No. 6-99
RESUB OF BLOCK 29, DELRAY BEACH, LOTS 28 & CHARLIE TERRY $67.00
29, BLOCK 29, PB 9, P 66, PUBLIC RECORDS OF 39 SW 9TM AVENUE # 3 70.00 ADM. FEE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(95 SW STM AVENUE)
TOWN OF DELRAY, LOTS 22 TO 26 INC., BLOCK ALVAN E. MC FORD $77.00
15, PB 13, P 18, PUBLIC RECORDS OF PALM BEACH 17831 NW 47TM AVENUE 70.00 ADM. FEE
COUNTY, FL CAROL CITY, FL 33055
(VAC LOT SOUTH OF 239 SW 7TM AVENUE)
TOWN OF DELRAY, W $5 FT OF LOTS 11 & 12, MARIE QUINCE $$1.00
BLOCK 23, PB 10, P 69, PUBLIC RECORDS OF PALM $06 SW 14TM AVENUE 70.00 ADM. FEE
BEACH COUNTY, FL DELRAY BEACH, FL 334~4
(VAC LOT EAST OF $13 SW 3H° STREET)
TOWN OF DELRAY, LOT 18, BLOCK 23, PB 10, P 69, MATILDA JOHNSON $119.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 225 SW 6TM AVENUE 70.00 ADM. FEE
225 SW 6TM AVENUE) DELRAY BEACH, FL 33444
TOWN OF DELRAY, LOT 17, BLOCK 23, PB 10, P 69, BERTHA PRESTON $119.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1001 WEST 3a° STREET 70.00 ADM. FEE
(217 SW 6TM AVENUE) RIVERA BEACH, FL 33404-781S
DELRAY SHORES, LOT I, BLOCK 6, PB 24, P 233, ROY & GERALDINE FARLAND $73.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 728 AVENUE CHAUMONT 70.00 ADM. FEE
(2098 DORSON WAY) DELRAY BEACH, FL 33445
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MA'I'I ER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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Res. No. 6-99