Res 25-99RESOLUTION NO. 25-99
A RESOLUTION OF THE CITY COWHISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO C~APTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DEL~AY BEACH, ASSESSING COSTS FOR ABATING N~ISANCES UPON
CERTAIN LA~D(S) LOCATED WITHIN THE CITY OF DELEAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPAtgY THE NOTICE OF ASSESSMENT~
SETTING OUT AC~'uAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
A~ATEMENT A~D LEXrYING TH~ COST OF SUCH A~ATEMENT 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 desi~nated 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 end made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and,
WHEREAS, pursuant to Ssction 109.20, 100.21 and 100.22 of the Code of
Ordinances . of the City of Delray Beach~ the City Manager Or hie desi~nated
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 seawalle) 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 Delrey 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,
#HEREAS, the property owner(e) 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 re~usst a hearing pursuant to Section 100.21 and 100.22
within the time ]~{te prescribed in said notice and Chapter 100 of the Code of
Ordinances,. or if the property owner(e) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(e) 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 A~ministration or such
agents or contractors hired by the City A~nietration 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 par parcel of land involved7 and,
WHEREAS, the City Co~--4eeion of the City of Dalray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to abases the cost of said nuisance(s)
against said property owner(s),
NOW, THRREFORB, BE IT RESOLVED BY TH~ CITY COMMISSION OF THE CITY OF DBLRAY
BEACH, FLORIDA, AS FOLLOWS=
~action 1. That assessments in the individual ~unts aa 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 sh~11 be collectible in the same z~w-~ner as
mortgagee and foreclosures are under state law.
Section 2. That such assessments shell be legal, valid and binding
obligations upon the property against which said assessments ara levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to i~ediataly mail by first claes 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 'Co=0~iseion of the City of Delray Beach on the 20th 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 and payable within thirty (30) days after the
mailing date of said notice of assessment, after which e 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 e~m~. 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 o£ adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing data of the notice of said assessment(e),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per ax~num plus, if collection proceedings are necessary,
the coats 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 Clark 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
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Rcs. No. 25-99
of the certified copy of this reeolution a lien ehall become effective on the subject
property which ehall secure the cost of abatement, interest at the rate of 8%, and
collection costs including e reasonable ettorney~m fee.
PASSED AND ADOPTED in regular session on this the
April ,1999.
20th day of
ATTEST .'
c rk -
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Res. No. 25-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OVVNER ASSESSMENT
ATLANTIC PARK GARDENS, DELRAY LOT 16, BLK 1, BERTHA PALMER
PB 14, P 66, PUBLIC RECORDS OF PALM BEACH 36 NW 13TH AVENUE
COUNTY, FL DELRAY BEACH, FL 33~.~?,
(35 NW 13TH AVENUE)
$ 67.00
$ 70.00 ADM. FEE
SEC. 17-46-43, E 50 FT OF W 583 FT OF S 140 FT OF
N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, JACQUEL DAWSON
PB 1, P 4, PUBLIC RECORDS OF PALM BEACH C/O ANNAS RETREAT
COUNTY, FL ESTATE TUTU #E-7
1404 NW 2ND'STREET) ST. THOMAS, US, VI 00802 $ 76.00
$ 70.00 IADM.FEE
SOUTHRIDGE, LOTS 14 TO 16, INC., BLOCK 1, PB 13
P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, MANUEL MOREDA &
FL ESTERVlNA MOREDA
REIGLE AVEN.UE) P.O. BOX 1953
? ~L. PJ~.~_~C_~,_~FL_33447 _.- ~_$_ .. 59._00~__
$ 70.00 iADM.FEE
SOUTHRIDGE, LOTS 17 TO 20 INC., BLOCK 1, PB 13,
P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, MANUEL MOREDA &
FL ESTERVINA MOREDA
REIGLE AVENUE) P.O. BOX 1953
DELRAY BEACH, FL 33447 $ 59.00
$ 70.00 ADM.FEE
DDMANNS SUB, LOT 19, BLOCK 1, PB 4, P 53, O.W. BURROUGHS &
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MILDRED BURROUGHS
NW 13TH AVENUE) 243 BILBOA STREET
ROYAL PALM BEACH, FL 33411 $ 67.00
$ 70.00 ADM. FEE
TOWN OF DELRAY, S 37.5 FT OF N 75 FT OF W
130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2 BLOCK RUBY L. HARRIS
4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH CIO P.C. WELLS
COUNTY, FL 7012 SUNNYSIDE LANE
(VACANT LOT NW 7TH AVENUE) FT. WASHINGTON, MD 20744-4325 $ 70.00
,$ 70.00 ADM.FEE
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Res. No. 25-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
SUNNY ACRES, LOT 6, BLOCK 8, PB 21, P 63, JOSEPH F. CUFFERI &
PUBLIC RECORDS OF PALM BEACH COUNTY, FL KAROL L. CUFFERI
1127 POINSETTIA DRIVE) 7330 HEATHLEY DRIVE
LAKE WORTH, FL 33467
$ 48.50
$ 70.00 ADM. FEE
:)ELRAY SHORES 1ST ADD, LOT 12, BLOCK 12, RON GIBBS &
PB 28, P 2, PUBLIC RECORDS OF PALM BEACH CHARLOTTE VANTINE
COUNTY, FL ROUTE 6, BOX 399-B
2788 LAKE IDA ROAD) MURPHY, N~C_2.8~0~6~-9658
_ $ 70.00 ADM. FEE
PLUMOSA PARK SEC A, S 26 FT OF LOT 103 & N 36 F. PRISClLLE JEAN-PHILLIPE &
FT OF LOT 104, PB 23, P 68, PUBLIC RECORDS OF FENIEL JEAN-PHILLIPE
PALM BEACH COUNTY, FL 1621 NE 3RD AVENUE
_(_623 NE 3RD AVENUE) DELRAY BE_ACH! FL 3~??. $ 32.00
$ 70.00 ADM. FEE
H. WILSON & ESSlE M.
WEST SIDE HEIGHTS DELRAY, LOT 1, BLOCK D, WILSON
PB 1, P 61, PUBLIC RECORDS OF PALM BEACH 51 NW 9TH AVENUE
COUNTY, DELRAY BEACH, FL 33~.~~.
(51 NW 9TH AVENUE)
$ 51.00
.......... $ 70.00 ADM.'~EE
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING
HAZARDS; DECLARED NUISANCE.
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Res. No. 25-99