Res 49-99RESOLUTION NO. 49-99
A R~SOLUTION OF THE CITY CO~ISSION OF THE CITY OF DELHAY B~ACH,
Fr.ORIDA, PURSUANT TO CHA~TER 100 OF THE CODE OF O~DINANCES OF THE
CITY OF DELI~AY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DEr.RAY BEACH AND PROVIDING
THAT A NOTICE OF r.I~N SHALL ACCOMPANY THE NOTICE OF ASSESSM~NT~
SETTING OUT Au'~'uAL COSTS INCurRED BY THE CITY TO ACCOMPLISH SUCH
ABATeMeNT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~
PROVIDING FOR AN EFFECTIVE DATE A~D FOR A DUE DATE AND INTEREST ON
ASSESSMENTS~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, ~
DECLARING SAID LE%'~ TO BE A LIEN UPON THE SUBJeCT PROPERTY FOR UNPAID
ASSESSMENTS.
WHEREAS, the City N~-agar or his daei~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 and made · part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinancee~ and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Dalrey Beec~ the City Manager or his designated
representative has inspected said land(s) and has determ/ned 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 aeewalls) 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,
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 lim/te 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(a) failed and/or neglected to abate such nuisance(e) within the time
designated at the hearing wherein a decision wee rendered adverse to the property
owner(e)~ and,
WHEREAS, the City of Dalray Beach, through the City Adm~nistration or such
agents or contractors hired by the City Adm/nistration was therefore required to and
did enter upon the land(e) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(e) 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, subm/tted to the
City Con~ission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involvadt and,
WHEREAS, the City Co~tssion of the City of Dalray 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, THERBFORE, BE IT RESOLVED BY TH~ 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 · lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the sams extent
as the lien for general city taxes and sh~11 be collectible in the same manner as
mortgages and foreclosures era under state law.
Section 2. That such assessments shall hi legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clark of the City of Delray Beach is hereby
directed to imadiately mail by first class mail to the owner{s) of the property, es
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 20th day of July, 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
attornay"s fees and other costs of collecting said s~m=. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section i. 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 ~he 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 par ~l~num plus, if collection proceedings ara necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not bean 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. 49-99
o£ the certified copy o£ 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 in regular session on this the 20th day of July ,1999.
City Clerk
3
Res. No. 49-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION
OWNER
V. C. & A. P. NOCERA TRUST
ASSESSMENT
LINNS ADD TO OSCEOLA PARK DELRAY, LOT 19 626 WEST DRIVE
& N 1.6 FT OF W 26 FT OF LOT 20, BLOCK 87, DELRAY BEACH, FL 33444
PB 3, P 2, PUBLIC RECORDS OF PALM BEACH I
COUNTY, FL I
(228 SE 3RD AVENUE) ~ $ 65.00
~ 70.00- 'A_DMFEE
· SCOTr WHEELER &
KENMONT, LOTS 28 THRU 31, BLOCK 1, PB 20, P 65, BRENT WHEELER
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1206 NE PALM TRAIL
1206-1208 PALM TRAIL) _ DELRAY BEACH, FL 33483 $ 62.00
$ 70.00 ADM.FEE
POINCIANA HEIGHTS OF DELRAY BEACH
LOT 24, PB 26, P 245, PUBLIC RECORDS OF FRE~DDIE M SMITH
PALM BEACH COUNTY, FL 332 NW 11TH AVENUE
332 NW 11TH AVENUE) DELRAY BEACH, FL 33444 $ 61.00
$ 70.00 ADM. FEE
IOODBROOKE CONDO ASSOC,INC.
CIO GREGORY A. YARNER, PRES.
.~OLF PARK, LOT 9 (LESS S 16 FT OF W 45 FT & 929 SW 20TH COURT
S 14 FT OF E 71.54) BLOCK 1, PB 26, P 141, PUBLIC DELRAY BEACH, FL 33445
RECORDS OF PALM BEACH COUNTY, FL
$ 351 00
'SW20TH COURT) .... $ 70.0~)~AE~M ~EE
SUB OF N 1/20FSE 1/4 OF SE 1/4 ~F SW 1/4 .... ~
UNREC/LOT 1, PB 1, P 3, PUBLIC RECORDS OF JAMES & HATTIE L. BROWN
PALM BEACH COUNTY, FL 802 SW 3RD STREET
(802 SW 3RD STREET) DELRAY BEACH, FL 33444 $ 97.00
t $ 70.00 ADM FEE
4
Res. No. 49-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
RESUB OF BLOCK 17, DELRAY BEACH, LOT 26
(LESS W 50 FT) BLOCK 17, PB 1, P 4,
PUBL C RECORDS OF PALM BEACH COUNTY, FL
352 NW 5TH AVENUE) .
TOWN OF DELRAY, LOT 7, BLOCK 26, PB 5, P 64,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
226 NW 4TH AVENUE) .
ELISE JACKSON
1587 NE 3RD AVENUE
DELRAY BEACH, FL 3__3444 $ 34.00
~ __$ 70.00 iADM. FEE_
ABiSSE~ ·CORP., INC.
PO BOX 7123
DELRAY BEACH, FL 33447 $ 26.00
· ' $ 6.60-AD ;FEE
SEc ~7-48-431 ~~0 ~'T OF N 195 FT 0F ~4~ FT OF '
E 1/2 OF LOT 9, PB 1, P 4, PUBLIC RECORDS OF ROY & GERALDINE FARLAND
PALM BEACH COUNTY, FL 728 AVE CHAUMONT
VAC LOT SO OF 20 SWBTH AVENUE) DELRAY BEACH, FL 33445 I $163.004
- '! $ 30.00 ;ADM. FE~
TOWN OF DELRAY, LoT ~5, BLOCK 35, Pa 1, P 3, FR/~NK & JEAN JACOBS ' J
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 60 HOPE CIRCLE
VAC LOT SO OF 116 NW 3RD AVENUE ~WINDSOR, CT 06095-3507 . $ 84.00
TOWN OF DELRAY, W 2/3 OF BLOCK 42
(LESS W 20 FT RD RAN) PB 21, P 2,
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
201 NW3RDAVENUE) ...... $ 34.00
TOWN OF DELRAY, W 50 FT OF S 157 FT OF S 1/2 MILDRED V. TOWNSEND &
OF BLOCK 1, PB 1, P 3, PUBLIC RECORDS OF JANIE M. WILLIAMS
PALM BEACH COUNTY, FL 301 NW 8TH AVENUE
31_1_NW 8TH AVENUE) DELRAY BEACH, FL 33444
. !$ ~0.00 ADMFEE
SOUTH ATLANTIC CONFERENCE
OF SEVEN DAY ADVENTISTS INC.
201 NW 3RD AVENUE
DELRAY BEACH, FL 33444
42.00
70.00 ADM. FEE
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Res. No. 49-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
DELRAY BEACH HIGHLANDS SECTION 1, LOT 1,
BLOCK 8, PB 26, P 209, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
1218 SW 22ND AVENUE)
~TLANTIC PARK GARDENS, DELRAY, LOT 19,
BLOCK 3, PB 14, P 56, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
126 SW 12TH AVE )
BRIAN P. HONAKER
1213 SW 22ND AVENUE
DELRAY BEACH, FL 33445 $ 34.00
$ 70.00 ADM. FEE
RICHARD & CLARA CLECKLEY
305 NW 4TH AVENUE
)ELRAY BEACH, FL 33444
~ $ 214.00;
i $ 70100 T?DM FEE
E. GEORGE &
THERESA M. GEORGE
2209 E. PINERIDGE COURT
DEL. RAY BEACH, FL 33444 [ $
~ $ 70.00 ADM. FEE
;ENMONT W 1/2 OF LOT 21 & ALL OF LOT 22,
BLOCK 2 & N 1/2 OF 15 FT PJW, NOW ABANDONED,
LYG ADJ THERETO & SLY THEREOF, PB 20, P 65,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
1139 NE 9TH AVENUE)
DELL PARK, E 25 FT OF LOT 34 & LOT 35, BLOCK 4,
PB 8, P 56, PUBLIC RECORDS OF PALM BEACH CARLA F. ALLEN
COUNTY, FL 10732 KATMANDU COURT
263 NE 12TH STREET) BOYNTON BEACH, FL 33437 $ 114.00
! ~ 70100 ~ADM. FEI:
DELRAY SHORES, LOT 19, BLOCK 1, PB 24, P 233, JEAN H. EXANTUS
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 523 DAVIS ROAD
523 DAVIS ROAD) DELRAY BEACH, FL 33445
_ ~_ ~ 70:00 ~ADM. FEE
I
Res. No. 49-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
TOWN OF DELRAY, S 150 FT OF W 135.5 FT OF
BLOCK 26, PB 5, P 64, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
415 NW2ND STREET)
ATLANTIC GARDENS DELRAY, LOT 23, BLOCK 6,
PB 14, P 63, PUBLIC RECORDS OF PALM BEACH E. & HENRY VVILSON
COUNTY, FL PO BOX 1676
142 SW11TH AVENU~E) ....... ~ ~(~.0o~*"M. FEE
DELRAY BEACH, FL 33447 $ 117.00~
/
~F~EI:) D~ MC-coY ~ AMERIFIRST
17500 NW 68TH AVENUE #210
HIALEAH, FL 33015-4044
$ 79.00
VIOLATION IS: 'S~E5. 100.0i -LAND T0 BE KErf FREE OF DEbRiS, V~GETA~IS~K~ER CONSTITUTING
H~RSs; DEC'RED NUISANCE.
Res. No. 49-99