Res 67-99RESOLUTION NO. 67-99
A RESOLUTION OF THH CITY COMMISSION OF THE CITY OF DHLRAy BEACH,
FLORIDA, PUP~IYANT TO CHAPTER 100 OF TH~ CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAy BEACH AND PROVIDINO
THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT;
SBTTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~
PROVIDING FOR AN EFFECTIV~ DATE AND FOR A DUE DATB AND INTEREST ON
ASSESSM~NTS~ PRQVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LE%'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 · 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 Beech% 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 maid notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) 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) n~ned 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 l~m4ts 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(s) within the time
designated at the hearing wherein · decision wee rendered adverse to the property
owner(s)~ ~nd,
WHEREAS, the City of Delray Beach, through the City Adm/nistration 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 pert hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice~ end,
WHEREAS, the City Manager of the City of Delrsy Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Comission 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-~4ssion 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 TH~ CITY COMMISSION OF THE CITY OF DBLEAY
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, · 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~ll be collectible in the same manner as
mortgages end foreclosures are under state iaw.
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 imediately 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--lesion of the City of Delray Beach on the 2nd day of November,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 suam. 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 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. 67-99
o£ the cert~[~sd copy o£ th~s resolution s 2~sn ehal! become e££ect~ve on the sub~ect
property which sh&ll secure the cost of abatement, interest at the rate of 8%, and
collection costs including & reasonable attorney's fee.
PASSED AND ADOPTED in re~ul&r session on this ~hs 2nd day of November, 1999.
ATTEST:
3
Res. No. 67-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION
SEC. 17-46-43, E 43.74 FT OF S 140 FT OF N 165 FT
OFN 1/2OF N 1/4 OF SW 1/4 OF NW 1/4, PB 1, P3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
1402 NW 2ND STREET)
OWNER
SIDNEY WASHINGTON
2633 NW 18TH TERRACE
OAKLAND PARK, FL 33311-
2901
ATLANTIC PARK GARDENS, DELRAY, LOT 17, ERSKINE HEPBURN
BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF 126 SW 7TH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
37 NW 13TH AVENUE)
ATLANTIC PARK GARDENS, DELRAY, LOT 16,
BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(35 NW 13TH~AVENUE_) __ .
STRICKLAND SUB. W 1/2 OF LOT 1 & N 19 FT OF
W 1/2 OF LOT 2, BLOCK 1, PB 23, P 173, PUBLIC
RECORDS PALM BEACH COUNTY, FL
VAC LOT 1101 SW 9TH AVENUE)
CARVER MEMORIAL PARK SUB., LOT 21, BLOCK B,
PB 20, P 56, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
VAC LOT SO OF 225 NW 15TH AVENUE)
BERTHA PALMER
35 NW 13TH AVENUE
DELRAY BEACH, FL 33444
IRENE LAROCK, ETAL
3064 ANGLER DRIVE
DELRAY BEACH, FL 33444
RAYMOND ORR
115 SW 8TH AVENUE
DELRAY BEACH, FL 33444
ASSESSMENT
75.00
70.00 ADM. FEE
3.00 RECORDING
148.00
62.00
70.00 ADM.FEE
3.00 RECORDING
135.00
57.00
70.00 ADMFEE
3.00 RECORDIN(
130.00
46.00
70.00 ADMFEE
3.00 RECORDING=
119.00
60.00
70.00 ABM. FEE
3.00 RECORDING
133.00
4
Res. No. 67-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
TOWN OF DELRAY, S 50 FT OF W 135 FT OF BLOCK T. & EARLENE HAM
24, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH PO BOX 1473
COUNTY, FL MERRITT ISLAND, FL 32952
VAC LOT SO OF 341 SW6TH AVENUE) $ 57.00 ,
$ 70.O0~iADM.FEE
- ........ $ 3.00 I RECOI~b~NG--
$ 130.00
TOWN OF DELRAY, S 50 FT OF N 285 FT OF ELEASE H. CLECKLEY
W 135 FT OF BLOCK 13, PB 1, P 3, PUBLIC c/o MOZELLA DAVIS
RECORDS OF PALM BEACH COUNTY, FL 1208 NW 2ND STREET
21 SW 7TH AVENUE) DELRAY BEACH, FL 33444
....... $ 46.00
$ 70.00 ~ADM. FEE
$ 3.00 ~R E_C_O?_ D I~N~
$ 119.00 i
RIDGEWOOD HEIGHTS DELRAY, LOTS 26 & 27, FRANK L. HOWARD
BLOCK B,PB 14, P 44, PUBLIC RECORDS OF PALM ,3804 LATIMER DRIVE
BEACH COUNTY, FL AUSTIN, TX 78732-2204 J
()/Ac LOT 1026 SW 7TH AVE.) __ $ 70.00,iADM
$ 70.00~ OIREc-RDINGFEE
$ 3.00
$ 143.00
BELLEHAVEN, UNIT B, LOT 7, PB 27, P 27, PUBLIC DEL4_A JOHNSON, EST
RECORDS OF PALM BEACH COUNTY, FL ~;338 SW 10TH AVENUE
(338 SW 10TH AVENUE) DELRAY BEACH, FL 33444 62.00 j
......... 70.00 iADM. FEE
$ 3.00 iRECORDING
$ 135.00
PALMCO PROP., INC. TR
ATLANTIC PARK GARDENS, LOT 1, BLOCK 4, 12555 BISCAYNE BLVD.
PB 14, P 56, PUBLIC RECORDS OF PALM #462
BEACH COUNTY, FL !NORTH MIAMI, FL J
I
(1212 & 1214 SW 2ND STREET) 33181-2522
$ 46.00
$ 70.00 ADM. FEE
$ 3.00 RECORDING
$ 119.00
POINCIANA HEIGHTS OF DELRAY BEACH, FREDDIE M. SMITH
LOT 24, PB 26, P 245, PUBLIC RECORDS OF 332 NW 11TH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(332 NW 11TH AVENUE)
$ 92.00
$ 70.00ADM FEE
i$ 3.00 RECORDING
........ iS 165.00
5
Res. No. 67-99
COST OF ABATING NUISANCES UNDER CHAPTER 10n
OF THE CODE OF ORDINANCF
SECRETARY HOUSING &
DELRAY SHORES, LOT 25, BLOCK 2, PB 24, P 233, URBAN DEVELOPMENT
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1320 SOUTH DIXIE HIGHWAY
(575 ANGLER DRIVE) CORAL GABLES, FL :·
3146-2926
$ 61.00 1
$ 70.00 ADM. FEE
$ 3.00 RECOR~INC-
$ 134.00
TOWN OF DELRAY, S 1/2 OF LOT 5, BLOCK 30, ETHEL MACKEY
PB 1, P 3, PUBLIC RECORDS OF PALM BEACH C/O SHIRLEY M. WALLACE
COUNTY, FL 1120 NW 64TH STREET
129 SW 5TH AVENUE) MIAMI, FL 33150-4231 ~ $ 52.00
-- . .... $ 70.00 iA~M:FEE_
.... I $ 3.00 RECORDING
TOWN OF DELRAY, S 50 FT OF N 250 FT OF MARY C. DAVIS $-' 125.00 ~i-
W 135 FT OF BLOCK 20, PB 1, P 3, PUBLIC PO BOX 6
RECORDS OF PALM BEACH COUNTY, FL ATLANTIA, GA 31629-0006
(31 NW6TH AVENUE)
__ $ 99.00 ADM.
$ 70.00
FEE
........ , $ 3.00 RECORDIN -
P 69, PUBLIC RECORDS OF PALM BEACH 1001 WEST 3RD STREET/r
COUNTY,
FL
RIVIERA BEACH, FL 33447 I
217 SW6TH AVENUE) $ 52.00 !
..... RECORDI~I~
$ 70.00 ADM. FEE
..... $ 3.00
~:ARVER MEMORIAL PARK SUB, LOT 2, BLOCK A, ~JULIE SIMMS
PB 20, P 56, PUBLIC RECORDS OF PALM BEACH 204 NW 13TH AVENUEIr
COUNTY, FL DELRAY BEACH, FL 33~,4~
204 NW 13TH AVENUE) $ 70.0_0--
$ 70.00 JADM. FEE
$ 3.00RECORDIN[-
$143.00
Res. No. 67-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
_OF THE CODE OF ORDINANC;
ATLANTIC PARK GARDENS, DELRAY, LOT 19, J.D. & EARLINE MONROE J
BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM 32 EARLE STREET I
BEACH COUNTY, FL HARTFORD, CT 06120-1714
(39 SW 13T. AVENUE) I ~- ~0.00 iADM FEE
$ 3.00 [RECORDIN(
$ 135.00
~,TLANTIC PARK GARDENS, DELRAY, LOT 20, RPI MANAGEMENT CORP
BLOCK 1, PB 14, P 56, PUBLIC RECORDS
209 NE 95TH STREET, ST. 2
OF PALM BEACH COUNTY, FL MIAMI, FL 33139
(VAC LOT ON NW 13TH AVENUE)
$ 62.00
$ 70.00 /ADM. FEE
3.00~RE_COR~N~
$
TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 ADELENE JENKINS
FT OF BLOCK 24, PB 1, P 3, PUBLIC RECORDS PO BOX 1993
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447
322 SW 5TH AVENUE) '
I
' - ' $ 62.00,
......... '- S 70.00 ~. FE~
........ $ 3.00~ RECORD~N(
............ $135.00
~AI~fiC P~K GAR-D~; DELRAY,~OT~-- ~ DAISEY U. RAY [ '
BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF P.O. BOX 74
PALM BEACH COUNTY, FL LENOX, GA 31637-0074
('~7 SW, 13TH AVENUE) .......
' - $ 70.~0~ADM. FEE--
$ 3.~0 ~EC-ORDIN~'
sue. OF SEC. 20-46-43, S 78 FT OF W 168 FT OF CHERYL A. CARLEY ~0~
S 1/2 OF W 1/2 OF LOT 30, E OF GERMANTOWN RD 1200 NORTHFIELD ROAD
LESS E 30 FT OF SW lOTH AVENUE RD RNV) WATERTOWN, CT 06795-1419
PB 28, P 68, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(VAC LOT N 1113 WALLACE DRIVE)
$ 71.00
$ 70.00 ,ADM. FEE --
$
Res. No. 67-99
.COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCF
TOWN OF DELRAY, LOT 18, BLOCK 23, PB 10, P 69, MATILDA JOHNSON
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 225 SW 6TH AVENUE
225 SW6TH AVENUE) DELRAY BEACH, FL 33444
$ 60.00
$ 70.00 ADM. FEE
$ 3.00 RECORDING
$ 133.00
TOWN OF DELRAY, N 50 FT OF S 1/2/LESS S 8 FT MAMIE L. YOUNG -- -
OF E 135 FT/BLOCK 22, PB 10, P 38 PO BOX 265
PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447
VAC LOTS 126 SW 5TH AVENUE
$ 57.00 l
$ 70.0~ FEE
~ $ 3.00. REC-O~D~-NG
$ 130.0~
TOWN OF DELRAY, N 58 FT OF S 312.12 FT OF IVERSON LASTER -
E 135 FT, BLOCK 10, PB 1, P 3, PO BOX 1225
PUBLIC RECORDS OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33425
VAC LOT SO OF 228 NW 6TH AVENUE) $ 75.00 ~
$ 70.~iADM. FEE
-- $ 3.00 /RECORDIN(
$ 148.00 I
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS,
.... 'VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
Res. No. 67-99