Res 37-99RESOLUTION NO. 37-99
A RESOLUTION OF THE CITY COEMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUAI~T TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED WITHIN THB CITY OF DELEAY BEACH AND PROVIDING
TEAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSBSSMENT~
SETTING OUT ACTUAL COSTS INCURRBD 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, ARD
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
WHEREAS, the City Manager or hie designated repreeentative 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(e) 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(e) 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 aeawalle) 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 he levied as an assessment against said property~ and,
WHEREAS, 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 request a hearing pursuant to Section 100.21 and 100.22
within the time llmits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive · hearing, said
property owner{e) 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
ow~er(s)~ and,
WHBREAS, 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
notica~ 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, BS IT RESOLVED BY THE CITY COMMISSION OF THB 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(e) 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 he 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 innaediately 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 let da7 of June, 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 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(e) 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
2
Res. No. 37-99
o£ the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest et the rate of 8%, and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
June ,1999.
day of
ATTEST:
3
Res. No. 37-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
~VEST SIDE HEIGHTS, DELRAY, LOT 4, BLOCK C
PB 13, P 61, PUBLIC RECORDS OF PALM BEACH
COUNTY
37 NW 10TH AVE)
'OWN OF DELRAY, LOT 19, BLOCK 69, (OLD
SCHOOL SQUARE HISTORIC DISTRICT) PB 2, P 43,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(30 SE 1ST AVENUE)
i HATTIE L. HARDWICK ESTATE
iiC/O G QUAIL
!!PO BOX 7043 FRD STATION
iNEW YORK, NY 10150-1908
i MICHAEL & RADA STRAUSS
I P. O. BOX 2464
, DELRAY BEACH, FL 33447
$ 70.00
$ 70.00
$ 72.00
$ 70.00 ADM FEE
ODMANNS SUB, LOT 18, BLOCK 4, PB 4, P 53,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(40 SW 13TH AVENUE)
;EMANUEL HARRISON &
LUCILLE HARRISON
C/O LEROY HARRISON
:321 ROSS DRIVE
DELRAY BEACH, FL 33445
$ 52.00
$ 70.00 ADM FEE
SUB OF SEC 20-46-43, SE 1/4 OF LOT 12 (LESS W
173 FT S 25 FT SW 10TH STREET & E 25 FT & RET
CURVE AREA SWINTON AVENUE RNVS, PB 28, P 68,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
SW 10TH STREET)
MIGUEL HERNANDEZ
7200 MILLER ROAD
MIAMI, FL 33155-5502
$ 346.00
$ 70.00 ADM. FEE
)ELRAY SHORES, LOT 25, BLOCK 2, PB 24, P 233
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
575 ANGLER DRIVE)
)ELRAy SHORES 1ST ADD, LOT 18, BLOCK 15
PB 24, P 233, PUBLIC RECORDS OF PALM BE. ACH
COUNTY, FL
2655 DORSON WAY)
iSEC'Y. HOUSING & URBAN DEV.
i1320 SO. DIXIE HIGHWAY
ICORAL GABLES, FL 33146-2926
iEMIGRANT SAVINGS BANK
'~C/O PRES. PHILIP EINSTEIN
! S.E. 42ND STREET
jNEW YORK, NY 10017-6904
111.00
70.00 ADM FEE
34.00
70.00 ADM. FEE
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Res. No.37-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
ATLANTIC GARDENS DELRAY, LOT 6, BLOCK 6,
PB 14. P 63, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(121 & 123 SW 12TH AVENUE)
)ELRAY SHORES, LOT 4, BLOCK 7, PLAT BOOK,
PB24, PG 233, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
2566 DORSON WAY)
IVERONICA K COVINGTON
I~ 10450 TARA BLVD. WEST
t BOYNTON BEACH, FL 33437
ROY R. WILBURN
12566 DORSON WAY
! DELRAY BEACH, FL 33445
$ 49.00
$ 70.00 ADM. FEE
$ 56.00
$ 70.00 ADM FEE
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING
HAZARDS; DECLARED NUISANCE.
Res. No. 37-99