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Res 52-03RESOLUTION NO. 52-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT 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 THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED 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, AND DECLARING SAID LEVY 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 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(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 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(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 request a hearing pursuant to Section 100.21 and 100.22 within the time limits 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(s) 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 owner(s); and, WHEREAS, 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 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 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, BE IT RESOLVED BY THE CITY COMMISSION 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 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 be 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 immediately 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 19th day of Au~ust~ 2003 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(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 of the certified copy of 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. Res. No. 52-03 PASSED AND ADOPTED in regular session on this the August , 2003. 19th day of ATTEST~ City Clerk Res. No. 52-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, S 66 FT OF N 186.51 FT OF W 135 FT OF BLOCK 123, PB 1, P 3, BARBARA DOOLEY PUBLIC RECORDS OF PALM BEACH COUNTY, FL 33 NE 7TH AVENUE (133 NE 7TH AVENUE) DELRAY BEACH, FL 33483 12 43 46 16 01 123 0010 CUST ID # 10019 $ 150.25 $ 55.00 ADMFEE 17-46-43, E 43.74 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, PB 1, P 3, SIDNEY WASHINGTON PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O DENISE WASHINGTON (1402 NW 2ND STREET) 1402 NW 2ND STREET # 2 12 43 46 17 00 000 3100 FT. LAUDERDALE, FL 33311 CUST ID # 5659 $ 106.00 $ 55.00 ADM FEE HARRY SEEMILLER SUB, N 198.96 FT OF LOT 6, WEST OF FEDERAL HWY, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL HENRY J. ASTEMBORSKI, TR (NO. FEDERAL HWY / A35 1 VAC LOT NO. OF IHOP) 1160 HIGHWAY A-1-A # 908 12 43 46 09 12 000 0061 POMPANO BEACH, FL 33062 CUST ID # 9880 $ 25o.5o $ 55.00 ADMFEE SOUTHRIDGE PLAT 3, LOTS 1 TO 23, INC & ABANDONED SW 10TH COURT R/W THRU PL/LESS S.T.E.M. INTERNATIONAL, INC. SO. SWINTON AVE R/O/W, PB 24, P 24, 10585 SW 109TH COURT # 201 PUBLIC RECORDS OF PALM BEACH COUNTY, FL MIAMI, FL 33176 (1050 SOUTH SWINTON AVENUE) 12 43 46 20 17 000 0010 CUST ID # 10050 $ 629.00 $ 55.00 ADM FEE 4 Res. No. 52-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE TOWN OF DELRAY, S 50 FT OF N 200 FT OF W 135 FT OF BLOCK 20, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (33 NW 6TH AVENUE) LAURIE BAKER 12 43 46 16 01 020 0070 330 WASHINGTON AVENUE CUST ID # 277 DELRAY BEACH, FL 33444 $ 102.00 $ 55.00 ADM FEE 17-46-43, S 50 FT OF W 135 FT (LESS W 25 FT RD P/O/W) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3, ETHEL SCOTT ESTATE PUBLIC RECORDS OF PALM BEACH COUNTY, FL 77 2ND STREET (1119 NW 1ST STREET) CANANDAIGUA, NY 14425 12 43 46 17 42 006 0090 CUST ID # 92 $ 80.50 $ 55.00 ADM FEE CHATELAINE NO. 1, LOT 13, BLOCK 5, PB 29, P 94, DOLORES G. BELL PUBLIC RECORDS OF PALM BEACH COUNTY, FL ?00 AVENUE CHAUMONT (700 AVENUE CHAUMONT) 'DELRAY BEACH, FL 33445 1243 46 12 03 005 0120 CUST ID # 9996 $ 109.00 $ 55.00 ADM FEE TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 FT OF BLOCK 24, PB 1, P 3 ADELENE JENKINS PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 1993 (322 SW 5TH AVENUE) DELPAY BEACH, FL 33447 12 43 46 16 01 024 0040 CUST ID# 187 $ 110.50 $ 55.00 ADM FEE ATLANTIC GARDENS DELRAY, LOTS 20 & 21, BLOCK 10, PB 14, P 63, PUBLIC RECORDS OF J.E. & CARRIE L. TIGGETT PALM BEACH COUNTY, FL 316 SW 7TH AVENUE (234 SW 10TH AVENUE) POMPANO BEACH, FL 33060 12 43 46 17 23 010 0200 CUST ID # 6678 $ 97.25 $ 55.00 ADM FEE Res. No. 52-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE WOODVUE, LOT 11, PB 37, P 19, RANDOLPH H. PETREN PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2320 GREENBRIER DRIVE !(2320 GREENBRIER DRIVE) DELRAY BEACH, FL 33445 12 43 46 30 05 000 0100 CUST ID # 10052 $ 201.50 ~ $ 55.00 ADM FEE CHATELAINE NO. 1, LOT 8, BLOCK 6, PB 29, P 94, -- 'PUBLIC RECORDS OF PALM BEACH COUNTY, FL ALISE A. ABRAHAM (3627 AVE DE GLEN) 3527 AVEUE DE GlEN 12 42 46 12 03 006 0080 DELRAY BEACH, FL 33445 CUST ID # 8501 $ 84.00 $ 55.00 ADM FEE DELRAY GOLFVIEW CONDO ASSOC COMMON AREA, PB 1, P 3, DELRAY GOLFVIEW CONDO PUBLIC RECORDS OF PALM BEACH ASSOCIATION, INC. COUNTY, FL c/o HERME WALLACE, REG A. (645 SW 20TH COURT) 312 LIVE OAKS LANE CUST ID # 8048 BOYNTON BEACH, FL 33436 $ 80.50 _ $ 55.00 ADM FEE VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF __ DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, -- DECLARED NUISANCE. - II I I Res. No. 52-03 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 19, 20025 RESOLUTION NO. 52-025 AUGUST 15, 2003 This is a resolution assessing costs for abatement action required to remove nuisances on twelve (12) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 52-03. AgmemoCE.Res No 52-03 RESOLUTION NO. 52-03 ]~ Jt~SOL~TZON OP TKB .CITY COMMISSION OF TKB CITY OF DELRAY BEACH, F~RZDA, ~~ TO ~R 100 OF CZ~ OF D~Y B~, ~B~SSZNG ~BTB ~OR ~TINQ ~~S ~ON PRO~ FOR ~ ~FFB~ ~S~S~S~ PROVIDING DB~~ ~ L~ ~ BE A LZ~ ~ON ~ ~~ PROP~ FOR ~D ~p~er 100 o~ ~o ~de of ~~os, ~clired ~o ~s~ce of a nuisance ~on certain lots or parcels of l~d, descried ~n ~e l~st attached hereto ~d Md· a part hereof, for vlolati~ o~ ~e p~is~s o~ ~pt~ ~00 of ~o ~de o~ Or~ces; ~d, W~BRIAS, puzoumnt to Section 100.20, 100.21 and 100.22 of the Code of r~Fee~a~ve has ~nspec~od sa~d l~d(e) ~d ~d fm~sh ~ho respective ~er(s) of ~ho l~d(s) described ~n ~ho m~ached l~s~ w~h ~=~ ~e of p~l~c nu~s~ce pursuan~ ~ Sections 100.20, ~00.2~ ~d ~00.22 o~ the ~do of ~i~ces describing ~he nature of ~he nu~s~=o(s) ~d aon~ no~ce ~ha~ w~n t~ (XO) ~yo f~ ~ ~e of said no,ice for~y-~wo (42) days in ~e case of viola~ion of fec~Aon ~00.04 ~rtainA~ to seawalls) ~ ms~ ~ata said nuAs~ce, or f~1e a ~i~ re~es~ for a hea~Ang ~o ~ ~e decision ~= a nuAo~ce ~is~ed within ~en (~0) days fr~ ~e ~e of s~d ~ice, failing ~ch ~e CA~y o~ Delra~ Beach would p~ceed ~o co~ec~ ~s cond~i~ ~ ~a~ing such ~is~ce, ~d ~ ~he cos~ ~ereof ~Xd be levied as ~ asses~ aga~s~ said pr~e~; part hereof d/d fail nd neglec~ ~o ~ate ~he nuAs~ce (.) ~stAng upon ~heir respecti~ Xn~ or to p~erly re~es~ a barA~ ~ou~t to Sec=ion ~00~2~ ~d X00.22 ~n ~e ~ 14-~to preocr~ed An said notice ~d ~ptar ~00 of ~e ~e of ~n~ce., or Af ~e pz~er~y ~er(o) ~d ~ese ~d receive a hearing, said p~~ ~er(s) failed ~/or ~gXec~ed ~o ~a~e such nuAs~ce(s) wigan ~e ~ ag~s or e~Crac~rs ~d ~ ~e C~y ~.CraC~on was ~erefore re~red to ~d ~d ~er ~ ~e X~d(s) descried An ~e XisC aC~acbd ~d md· a par~ hereof ~d ~S, the City ~ge~ of ~e City of DeX~ay Beach ~, ~lu~t to ~pte= X00 of ~e Code o~ ~~eeo of ~e CA~ of hl~iy Beach, a~tted to the aforesaid, said report indicating the' costs per parcel of land involved; and, Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) JWOW, TH~tBFORB, BB TT RESOLVED BY TKB CZTY COMMZBBZON OF ~ ~ZTY OF DELRAY BIACH, FLORXI~, AS FOLLOWS z - report of the City Manager of the City o£ Delray Beach, involving the C_ity*s cos_t_of abating the aforesaid xmAs·aces upon the lots or parcels of land described in said report, a co~y of which is attached hereto and made a part hereof, are hereby levied thereon. Said as·esau·nas es levied shall, Af not paid within thirty (30) days after mailing of the notice described An fac. 3, boco~e · lien upon the respective lots and parcel(s) of land described ~n oaAd report, of the om nature and to the sane extant as the lien for giueral city taxes and shell be collectible An the sane manner as mortgages and foreclosures are under state law. Section 2. That such an·segments shall be legal, valid and binding abligations upon the properly against which ·aid ass··sMuts are levied. directed to ~---edietely mil bM ~rst class M~I to the ~er(s) o~ ~o pr~ert~, ouch ~ers~p a~o~o upon ~e ~cords of ~e ~ T~ ~oessor, no,ice(s) ~a~ ~he levied ~ asses~t aga~t said pr~er~ for ~e cost of ~atmnt .0~ said nuAs~ce ~ '~e C~t~, ~d ~t ~mid maaeo~t ~a ~e ~ pa~le wit~n ~rt~ (30) da~s ~e m~ling ~te o~ enid notice o~ assosmnt, after which a ~ shll be placed find p~r~, ~ ~nterost w~ll acc~e at ~e rate of et per ~, plus roason~le atto=~,s fees ~d other costs o~ collecting s~d sm. A Mot~ce o~ ~ ahll be m~lod, along w~th ~e Hot,ce of ~ses~t ~d ~s resolution. f~ ~e ~to of a~t~on ~d ~o aosoo~t(g) c~nod hero~n shll bc~ due pay~lo ~rtF (20) ~Fs after ~o m~lAng ~te of ~e not~co of said ~seo~(s) after e~ a l~u shll b placed ~ said p~rLy(s), ~d ~nterost shll acc~e ~e rate of e~ght (8) ~=c~t ~r ~ plus, ~f colloct~ p~coe~gs are ~e costs of su~ p~coo~ngs ~c~ a ro~o~lo atto~oF*s foe. ~l~c records o~ Pa~ bach mtn, rlor~, ~d upon ~o ~to ~d C~ o~ recording o~ ~e cer~ifAed c~7 of ~ie resolution a li~ ehX1 bec~e effective on ~e a~ect pr~ertM v~ch shall secure ~he cos~ of ~atmnt, Ant·rest at ~e rats o~ 8~, ~d collection coo~o includes a re·so, lo attack's fee. 2 1~. No. $24)3 I~&BB~D A.WD a, DOP'/ID. :Ln regul&r eess:Lon on th:L. the · 2003. d~y MAYOR ATTEST City Clerk lte~. No..52-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, S 66 FT OF N 186.51 FT OF W 135 FT OF BLOCK 123, PB 1, P 3, BARBARA DOOLEY PUBLIC RECORDS OF PALM BEACH COUNTY, FL 133 NE 7TH AVENUE (133 NE 7TH AVENUE) DELRAY BEACH, FL 33483 12 43 46 16 01 123 0010 CUST ID # 10019 $ 150.25 $ 55.00 ADMFEE 17-46-43, E 43.74 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, PB 1, P 3, SIDNEY WASHINGTON PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O DENISE WASHINGTON (1402 NW 2ND STREET) 1402 NW 2ND STREET # 2 12 43 46 17 00 000 3100 FT. LAUDERDALE, FL 33311 CUST ID # 5659 $ 106.00 $ 55.00 ADM FEE HARRY SEEMILLER SUB, N 198.96 FT OF LOT 6, WEST OF FEDERAL HWY, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL HENRY J. ASTEMBORSKI, TR (NO. FEDERAL HWY / A35 1 VAC LOT NO. OF IHOP) 1160 HIGHWAY A-1-A # 908 12 43 46 09 12 000 0061 POMPANO BEACH, FL 33062 CUST ID # 9880 $ 25O.5O $ 55.00 ADM FEE SOUTHRIDGE PLAT 3, LOTS 1 TO 23, INC & ABANDONED SW 10TH COURT R/W THRU PL/LESS S.T.E.M. INTERNATIONAL, INC. SO. SWINTON AVE R/O/W, PB 24, P 24, 10585 SW 109TH COURT # 201 PUBLIC RECORDS OF PALM BEACH COUNTY, FL MIAMI, FL 33176 (1050 SOUTH SWINTON AVENUE) 12 43 46 20 17 000 0010 ~CUST ID # 10050 $ 629.00 $ 55.00 ADM FEE I 4 Res. No. 52-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE TOWN OF DELRAY, S 50 FT OF N 200 FT OF W 135 FT OF BLOCK 20, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (33 NW 6TH AVENUE) LAURIE BAKER 12 43 46 16 01 020 0070 330 WASHINGTON AVENUE CUST ID # 277 DELRAY BEACH, FL 33444 $ 102.00 $ 55.00 ADM FEE 17-46-43, S 50 FT OF W 135 FT (LESS W 25 FT RD R/O/W) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3, ETHEL SCOTT ESTATE PUBLIC RECORDS OF PALM BEACH COUNTY, FL 77 2ND STREET (1119 NW 1ST STREET) CANANDAIGUA, NY 14425 12 43 46 17 42 006 0090 CUST ID # 92 '$ 80.50 $ 55.00 ADM FEE CHATELAINE NO. 1, LOT 13, BLOCK 5, PB 29, P 94, DOLORES G. BELL PUBLIC RECORDS OF PALM BEACH COUNTY, FL 700 AVENUE CHAUMONT (700 AVENUE CHAUMONT) DELRAY BEACH, FL 33445 12 43 46 12 03 005 0120 CUST ID # 9996 $ 109.00 $ 55.00 ADM FEE TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 FT OF BLOCK 24, PB 1, P 3 ADELENE JENKINS PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 1993 (322 SW 5TH AVENUE) DELRAY BEACH, FL 33447 12 43 46 16 01 024 0040 CUST ID# 187 $ 110.50 $ 55.00 ADM FEE ATLANTIC GARDENS DELRAY, LOTS 20 & 21, BLOCK 10, PB 14, P 63, PUBLIC RECORDS OF J.E. & CARRIE L. TIGGETT PALM BEACH COUNTY, FL 316 SW 7TH AVENUE (234 SW 10TH AVENUE) POMPANO BEACH, FL 33060 ~12 43 46 17 23 010 0200 CUST ID # 6678 $ 97.25 $ 55.00 ADMFEE Res. No. 52-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE WOODVUE, LOT 11, PB 37, P 19, RANDOLPH H. PETREN PUBLIC RECORDS OF PALM BEACH COUNTY, FL !2320 GREENBRIER DRIVE (2320 GREENBRIER DRIVE) DELRAY BEACH, FL 33445 12 43 46 30 05 000 0100 CUST ID # 10052 $ 201.50 $ 55.00 ADM FEE CHATELAINE NO. 1, LOT 8, BLOCK 6, PB 29, P 94, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ALISE A. ABRAHAM (3627 AVE DE GLEN) 3527 AVEUE DE GlEN 12 42 46 12 03 006 0080 DELRA¥ BEACH, FL 33445 CUST ID # 8501 $ 84.00 $ 55.00 ADM FEE DELRAY GOLFVIEW CONDO ASSOC COMMON AREA, PB 1, P 3, DELRAY GOLFVIEW CONDO PUBLIC RECORDS OF PALM BEACH ASSOCIATION, INC. COUNTY, FL c/o HERME WALLACE, REG A. (645 SW 20TH COURT) 312 LIVE OAKS LANE CUST ID # 8048 BOYNTON BEACH, FL 33436 $ 80.50 $ 55.00 ADM FEE VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF - DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. Res. No. 52-03