Res 18-99RESOLUTION NO. 18-99
A R~SOLUTZON OF THE CiTY COMMISSION OF THE CITY OF DEL~Ay BEACH,
FLORIDA, PURSUANT TO CHAPTER 100 OF TH~ CODE OF OI~DINANCES OF THE
CITY OF DEL~AY BEACH, ASSBSSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELEAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPANY TH~ NOTICE OF ASSESSMENT;
SETTING OUT AC"~'uAL COSTS INCu~D BY THE CITY TO ACCOMPLISH SUCH
A~AT~MENT AND LEVYING THE COST OF SUCH A~ATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIV~ DATE AND FOR A DU~ DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID ~E%'Y 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 Sectio~ 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 haa 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(a) 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 mast 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 bi 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 rlquast a hearing pursuant to Section 100.21 and 100.22
within the time lim/ts preecribld 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(e) failed and/or neglected to abate such nuisance(s) within the time
dasi~nated at the hearing wherein a decision was rendered adverse to the property
owner(s); and,
WHEREAS, the City of Delray Beach, through the City Adm~nistration or such
agents or contractors hired by the City Achn~nistration was therefore required to and
did Inter upon the lend(e) 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 Reach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Reach, 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 Co~4esion of the City of Delray Reach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, THERRFORB, BB IT RRSOLV~D BY T~B CITY CO~ISSION OF THE CITY OF DBLRAy
REACH, 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 Reach, 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 mede 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
es the lien for general city taxes and shall be collectible in the same manner as
mortgages end foreclosures are under state i~W.
Section 2. That such assessments shall be legal, valid and binding
obligations'upon the property against which said assessments ars levied.
Section 3. That the City Clerk of the City of Dslray Reach is hereby
directed to i~medtatsly mail by first claes mail to the owner(e) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City 'Conm~ieeion of the City of Delray Reach on the 6th day of April, 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 axed payable within thirty (30) days after the
mailing dat~ 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 s 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 Reach County, Florida, and upon the date and time of recording
Res. No. 15-99
o£ the certi£ied cop7 o£ this resolution a lien shall become e££ective on the subject
property which shall secure khe cosk o£ abatemenk, interesk at the rake of 8%, and
colleckion cosks including a reasonable aktorne¥,s fee.
PASSED AND ADOPTED in regular session on this the
A~ril. 1999
6th day of
ATTEST .'
Res. No. 18-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
I
SUB 9-46-43, E 170 FT OF W295 FT OF N 100 FT OF
LOT 35 & E 170 FT OF W295 FT OF S 35 FT OF LOT DAVID C. CRAFTS&
28 IN DB 647, P 170, PB 1, P 3, PUBLIC RECORDS OF SANDRA A. CRAFTS
PALM BEACH COUNTY, FL 5207 LINDELL BLVD.
(728 & MORE NO. OCEAN BLVD.) ST. LOUIS, MO 63108-1223 $ 42.00
$ 70.00 ADM FEE
FIRST NATIONWIDE
CHATELAINE NO. 1, LOT 2, BLOCK 7, PB 29, P 95, MORTGAGE CORP.
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 386 NO. WABASHA # 500
(73~1 _W~S~TCHA_TE _L~INE BEV__Q) .... ST. PAUL, MN 55102-1312 $ 61.00
$ 70.00 iADM.FEE
SILVER TERRACE DELRAY, LOTS ~I & 5, BLOCK 2, L.D. TERRY
PB 11, P 61, PUBLIC RECORDS OF PALM BEACH 3111 S.W. RUCKS DAIRY
COUNTY, FL ROAD OKEECHOBEE, FL
(--1205 SO. ~IXIE HIGHWAY) ..... 34974-8639 $ 61.00
.... $ 70.0~ADM.FEE
SUNNY HEIGH~TS AMDNDED, LOT 1, BLOCK 1, PB CARLA A. THOMAS I
27, P 194, PUBLIC RECORDS OF PALM BEACH 321..WEST 8TH STREET
C_O.L~NTY, FL (321 SW 8TH STREET) _ DELRAY BEACH, FL 33444 ~ $ 196.00
$ 70.0~(~ ~ADM.FEE
CH~vY ~I-I~SE, LOTS ~'~B 24',~ 27,~1C MARTini VVEISBERG
RECORDS OF PALM BEACH COUNTY, FL 491 NO. FEDERAL HWY # 159 ~ I
312 BEVERLY DR VE) BOCA RATON, FL 33487 $ 76.00
. _ $ 70.00 ADMFEE
MOLLIE K. BOWLES
NICHOLS 2ND ADD TO DELRAY BEACH, LOT 14, PB GUARDIANSHIP PROGRAM OF
21, P 70, PUBLIC RECORDS OF PALM BEACH DADE COUNTY
COUNTY, FL 7950 NW 53RD STREET # 301
304 SW_7TH STR~EET) MIAMI, FL 33166-7903 $ 69.00
$ 70.00 ADM.FEE
Res. No. 18-99
COST OF ABATING NUISANCES UNDER CHAPTER
OF THE CODE OF ORDINANC;
SUB OF SEC 20-46.-43, S 78 FT OF W 168 FT OF E
1/2 OF W 1/2 OF LOT 30 E OF GERMANTOWN ROAD
(LESS30 FT OF SW 10TH AVE RD R/W), PB 28, P 68, CHERLY A. CARLEY
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1200 NORTHFIELD ROAD
r
(VACANT LOT SO. OF 1103 WALLACE DRIVE) WATERTOWN, CT 06795-1419 $ 107.00
-- ' $ 70.00 ADM. FEE
~ELRAY SHORES 1ST ADD, LOT 12, BLOCK 12, RON & LYNN GIBBS &
PB 28, P 2, PUBLIC RECORDS OF PALM BEACH CHARLOTTE VANTINE
COUNTY, FL ROUTE 6 BOX 399-B
(2788 LAKE IDA ROAD) MURPHY, NC 28906-9658 $ 45.00
$ 70.00 ADM. FEE
_VIOLATION IS: SEC: 100.01- LAN? TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING
HAZARDS; DECLARED NUISANCE.
5
Res. No. 18-99