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Res 10-99RESOLUTION NO. 10-99 A RESOLUTION OF THE CITY CO~ISSION OF TEE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF TEE 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 DUB 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 e 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 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 ~ity of Delray Beach, through the City Administra- tion 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, W~EREAS, the City Co~mission 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 la~d 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 shell 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 ]. That the City Clerk of the City of Delray Beach is ~r~y d~rect~d to ~"~d~at. ly ma~l by first class mail to the owner(s) une proper=y, as SUCh ownership appears upon the records of the County Tax Assessor, notice(s) that the City Cow~ission of the City of Delray Beach on the 16~ day of Februar~ 1999 has levied an assessment against said property for the cost of abatement cf 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 fro~ 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 t~e 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 certSfied 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 February,.1999. ATTEST: - ~ity Ci~k' in regular session on this the 24~ day of COST OF .ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, LOT 16, BLOCK 35, PB 1, P 3, GRACE BARNETT $93.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1401 39TM STREET 70.00 ADM. FEE (309 NWIsr STREET) WEST PALM BEACH, FL 33407-3631 TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 ADELENE JENKINS $59.00 , FT OF BLOCK 24, PB 1, P 3, PUBLIC RECORDS OF PO BOX 1993 70.00 ADM. FEE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447-1993 (322 SW 5TM AVENUE) ESQUIRE SUB, S 80 FT OF E 150 FT OF LOT 12, DENIZ FERNANDEZ & $277.00 PB 23, P 43, PUBLIC RECORDS OF PALM BEACH ROBERT RODRIGUEZ & 70.00 ADM FEE COUNTY, FL A.T. OLIVA 15549 SW 9TM AVENUE) 406 SE 3R° AVENUE DELRAY BEACH, FL 33483 I POINCIANA HEIGHTS OF DELRAY BEACH, LOT CARL J. CARTER, JR. $69.00 29, PB 26, P 245, PUBLIC RECORDS OF PALM 315 NW 12TM AVENUE 70.00 ADM. FEE BEACH COUNTY, FL DELRAY BEACH, FL 33444 (315 NW 12TM AVENUE) HALLER & GROOTMANS SUB, LOT 31, PB 5, P 4, RANDALL A. WALKER $44.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 414 NE 7TM AVENUE 70.00 ADM. FEE (414 NE 7TM AVENUE) DELRAY BEACH, FL 33483 TOWN OF DELRAY, LOT 15, BLOCK 35, PB 1, P 3, FRANK & JEAN JACOBS $l 08.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 60 HOPE CIRCLE 70.00 ADM. FEE (VAC LOT SO. OF 116 NW 3RD AVENUE) WINDSOR, CT 06095-3507 DELRAY SRORES, LOT 25, BLOCK 2, PUBLIC RECORDS SECRETARY OF HOUSING & $97.00 OF PALM BEACH COUNTY, FL , URBAN DEVELOPMENT (575 ANGLER DRIVE) 1320 SOUTH DIXIE HIGHWAY 70.00 ADM. FEE CORAL GABLES, FL 33146-2926 DELL PARK, LOT 9, BLOCK 5, PB 8, P 56, PUBLIC DAVID LIEVANO $59.00 RECORDS OF PALM BEACH COUNTY, FL 250 NE 12TM STREET 70.00 ADM. FEE (250 NE 12TM STREET) DELRAY BEACH, FL 33444 HALLER & GROOTMANS SUB, LOT 36, PB 5, P 4, DONDI REALTY GROUP, INC. $31.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 1085 70.00 ADM. FEE (434 NE 7TM AVENUE) DELRAY BEACH, FL 33447 4 Res. No. 10-99 TOWN OF DELRAY, S 46.2 FT OF LOT 18, & N 30 FT KATHERINE JOHNSON $24.00 OF LOT 19, BLOCK 114, PB !, P 3, PUBLIC 212 NE 7TH AVENUE 70.00ADM. FEE RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (214 NE 7TM AVENUE) HIGHLAND PARK DELRAY, LOT 10, BLOCK 113, ROBERT L. HORNUNG ili $72.00 PB 2, P 79, PUBLIC RECORDS OF PALM BEACH 318 NE 7TM AVENUE 70.00 ADM. FEE COUNTY, FL (318 NE 7TM AVENUE) DELRAY BEACH, FL 33483 SUB 17-46-43, E 100 FT OF W 275 FT OF S 134 FT OF DELRAY BLUES, INC. $] 76.00 S 1/4 OF LOT ! 0 (LESS E I 0 FT R/W & SR 806 R/W) & 909 WEST ATLANTIC AVENUE 70.00 ADM. FEE S 45 FT OF N 189.3 FT OF E 124.8 FT OF W 274.8 FT DELRAY BEACH, FL 33444 OF S 1/4 OF LOT 10 (LESS E 10 FT R/W), PB I, P 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (909 WEST ATLANTIC AVENUE) WEST SIDE HEIGHTS DELRAY, LoT 4, BLOCK C, HATTIE L. HARWICK ESTATE $59.00 PB 13, P 61, PUBLIC RECORDS OF PALM BEACH C/O G. QUAIL 70.00 ADM. FEE COUNTY, FL PO BOX 7043 FDR STATION 37 NW l0TM AVENUE) NEW YORK, NY 10150-1908 : ATLANTIC GARDENS DELRAY, LOT 23, BLOCK 6, E. & HENRY WILSON $51.00 PB 14, P 63, PUBLIC RECORDS OF PALM BEACH PO BOX 1676 COUNTY, FL 70.00 ADM. FEE (142 SW 11TM AVENUE) DELRAY BEACH, FL 33447 SUB OF N 1/2 OF SE I/4 OF SE i/4 OF SW JAM~S BROWN & $92.00 I/4/UNREC/LOT I, PB 1, P 3, PUBLIC RECORDS OF HATTIE L. BROWN 70.00 ADM FEE PALM BEACH COUNTY, FL 802 SW 3H° STREET 802 SW 3H° STREET) DELRAY BEACH, FL 33444 SHERWOOD PARK, E 100 FT OF W 150 FT OF LOT JEFFREY GALE, TR $ 9.52 9, BLOCK 2, PB26, P 187, PUBLIC RECORDS OF 3113 LOWSON BLVD. 70.00 ADM FEE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (3113 LOWSON BLVD) RIDGEWOOD HEIGHTS DELRAY, LOT 23, BLOCK RPI MANAGEMENT CORP $67.00 C, PB 14, P 44, PUBLIC RECORDS OF PALM BEACH 209 NE 95TM STREET, ST #2 70.00 ADM FEE COUNTY, FL (I 106 SW 7TM AVENUE) MIAMI, FL 33139 HOMEWOOD PARK REPLAT, LOT 26, OB 27, P 81, DAVID B. HOFER $ 9.51 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 640 EAST DRIVE 70.00 ADM FEE (640 EAST DRIVE) DELRAY REACH, FL 33445 RIDGEWOOD HEIGHTS DELAY, LOTS 26 & 27, FRANK L. HOWARD $107.00 BLOCK B, PB 14, P 44, PUBLIC RECORDS OF PALM 3804 LATIMER DRIVE 70.00 ADM. FEE BEACH COUNTY, FL AUSTIN, TX 78732-2204 (1026 SW 7TM AVENUE) 5 Res. No. 10-99 DELRAY SHORES, LOT 28, BLOCK 3, PB 24, P 233, PIERRE F. LAFAILLE & PUBLIC RECORDS OF PALM BEACH COUNTY, FL JEAN P. METELUS I $- 0 -. ($05 DOLPHIN DRIVE) 505 DOLPHIN DRIVE 70.00 ADM. FEE DELRAY BEACH, FL 33445 OTTO&MITCHELL & ~ '"-'-'- PUBLIC RECORDS OF PALM B~A"C~COUNTY~L EVELYN~ITCHE~/ 2545 DORSON-WA~ (2445 DORSON WAy) / x~,.~/- - ~EE DELRAY BEACH, FL 33445 DELRA~, LOT 13, RLOCK~ PB 24, P 233, MILE~--....~ ~--...~$32 00 PUBLI~E~ORD~,.OF PALM~A~H~NTY, F~ GERALDINE H. DELRAY BEACH, FL 33445 ~ff~) VIOLATION IS: SEC. 100.01. LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. Res. No. 10-99