Res 34-02RESOLUTION NO. 34-02
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 involvedl 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 n~de 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 n~nner 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 16th day of April, 2002 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.
2
Res. No. 34-02
PASSED AND ADOPTED in regular session on this the
April , 2002.
16th day of
MAYOR
City Clerk
Res. No. 34-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
WINSTON COND, UNIT 1, PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL WYD CORP
(137 SOUTH SWINTON AVE # 1) 9716 COLOCASIA WAY
PC # 12 43 46 16 70 000 0010 BOYNTON BEACH, FL 33436
CUST ID # 8831 $ 61.80
$ 55.00 ABM FEE
SOUTHRIDGE, LOT 29, BLOCK 1, PB 13, P 38,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARIA DELACONCEPCION
(321 STERLING AVENUE) VILLA TOLEDO
PC # 12 43 46 20 13 001 0290 AVEIDA PAEL PARAISO
CUST ID # 483 CARACAS, VENEZUELA 00038 $ 65.90
$ 55.00 ADM FEE
WEST SIDE HEIGHTS DELRAY, LOT 22, BLOCK D,
PB 13, P 61, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL JIMMY WEATHERSPOON &
(38 NW 8TH AVENUE) MARIAN WEATHERSPOON
PC # 12 43 46 17 26 004 0220 130 NW 8TH AVENUE
CUST ID # 6766 DELRAY BEACH, FL 33444 $ 77.25
$ 55.00 ADM FEE
DELRAY MANOR ADD TO DELRAY, LOT 18,
PB 12, P 59, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL MIDFIRST BANK
(501 SW 10TH STREET) P.O. BOX 268950
PC # 12 43 46 20 12 000 0180 OKLAHOMA CITY, OK 73126
CUST ID # 9480 $ 46.35
$ 55.O0 ADMFEE
REPLAT OF IDA LAKE TERRACE, N 80 FT OF
SLY 227.09 FT OF E 151.76 FT OF BLOCK 3,
PB 1, P 3, PUBLIC RECORDS OF WILLIAM V. VULTAGGIO
PALM BEACH COUNTY, FL 11 LAKE COURT
(NW 3RD AVENUE) MASSAPEQUA, NY 11758-5803
PC # 12 43 46 08 14 003 0010
CUST ID # 9479 $ 65.90
$ 55.00 ADM FEE
4
Res. No. 34-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
DELRAY SHORES 1ST ADD, LOT 18, BLOCK 15,
PB 28, P 2, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL SECRETARY OF HOUSING &
(2655 DORSON WAY) URBAN DEVELOPMENT
PC # 12 43 46 07 02 015 0180 909 SE 1ST AVENUE # 500
CUST ID # 8389 MIAMI, FL 33131 74.90
55.00 ADM FEE
:)ELRAY SHORES, LOT 9, BLOCK 11, PB 24, P 232 RUPERT RAMSEY
:)UBLIC RECORDS OF PALM BEACH COUNTY, FL 627 NW 5TH STREET
(2543 ANGLER WAY) BOYNTON BEACH, FL 33435
=C # 12 43 46 07 01 011 0090
CUST ID # 9303 58.18
55.00 ADM FEE
DELRAY SHORES, LOT 3, BLOCK 3, PB 24, P 232,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARKER 88, INC.
(524 ANGLER DRIVE) 4560 RIVER BOTTOM DRIVE
PC # 12 43 46 07 01 003 0030 NORCROSS, GA 30092
CUST ID # 8163 58.18
55.00 ADM FEE
ROBERT G. ALLEN &
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3, PATRICIA ALLEN
IPUBLIC RECORDS OF PALM BEACH COUNTY, FL 206 SW 2ND AVENUE
(206 SW 2ND AVENUE) DELRAY BEACH, FL 33444
PC # 12 43 46 16 01 047 0030
CUST ID # 60 65.90
55.00 ADM FEE
ENRIQUE C. RAMOS
SUNSET PARK DELRAY, LOT 51 PB 12, P 65, AMPARO RAMOS
PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O RENE RAMOS
(1015 MANGO DRIVE) 1019 MANGO DRIVE
.PC # 12 43 46 20 16 000 0510 ~DELRAY BEACH, FL 33444
CUST ID # 524 58.18
55.00 ADM FEE
5
Res. No. 34-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
TOWN OF DELRAY, N 50 FT OF S 1/2 LESS S 8 FT
OF E 135 FT, BLOCK 22, PB 1, P 3, MAMIE L. YOUNG
PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 265
(126 SW 5TH AVENUE) DELRAY BEACH, FL 33447
PC # 12 43 46 16 01 022 0150
CUST ID # 6604 81.35
55.00 ADM FEE
JEFFERSON MANOR, LOT 48, PB 24, P 150,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL FIRST UNION BANK OF
(1331 NW 3RD STREET) DELAWARE
PC # 12 43 46 17 24 000 0480 1270 NORTHLAND DR. STE 200
CUST ID # 9476 ST. PAUL, MN 55101 82.63
55.00 ADM FEE
VIOLATION IS: SECTION t00-01 - LAND TO BE KEPT FREE' OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
6
Res. No. 34-02
MEMORANDUM
TO:.
FROM:
SUBJECT:
MAYOR AND CITY OZ)MMISSIONERS
CITY MANAGER~
AGENDAITEM '~, REGULAR MEETING OF APRIL 16,2001
RESOLUTION NO. 34-02
DATE: April 12, 2002
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. 34-02.
AgmemoCE..Raes No 34-02
RESOLUTION NO. 34-02
MH~It~AS, the City Manager or his designated representative has, pursuant to
Chapter 100 of tho Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in ~he Xist attached hereto and ~ade a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; ~nd.
WHEREAS, pursuant to Section 100.20, 100.21 ~nd 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 An
accordance with the standards set forth in Chapter 100 of the Code of Ordinances.
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 tho 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 so&wells) they must abate said nuisance, or file
written request for I hearing to review the decision that I nuisance existed within ten
(10) days from the date of laid notice, failing which the City of Delr&y Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an &SSelrment against laid property; and,
WHarF, S. the property owner(s) named in the list attached hereto end made a
part hereof did fail end neglect to abate the nuisance(s) existing upon their
respective lands or to properly request I hearing pursuant to Section 100.21 and 100.22
within the time 14-4ts 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)w and,
WHIREA~, the City of Delrey Beach, ?~rough the City ~4uistration or such
agents or contractors hired hT the City Adm/nistration was therefore required to and
did enter upon the l~d(s) described ~n the list attached ~d mde a par~ hereof ~d
~ncurrod costs ~n ~a~ng ~o s~oct ~u~s~ce(s) ~is2~ng ~oreon as described ~n the
not~ce~ ~d,
~S, ~o C~ty ~agor of the C~ty of Delray Beach has, pursuant to
~pter 100 of the Code o~ Ordin~ces o~ ~he City o~ Delray Beach, l~tted to the
City C~4ssion a report o£ ~he costs incurred in abating said nuisance(s) as
&£oresaid, said report indicating ~he costs per parcel o£ land involved; and,
~S, the Ci~ C~4ssion o£ the City 02 Dalray Beach, ~ursuant to
Chapter 100 o2 the Code o2 Ordinances desires to &ssess ~he cost o£ said nuisance(s)
&gainer said pro~ert¥ owner(s),
~ON, 'A"~BP~FORZ, BB X~ RZSOLW,,"ZD BY "A'EZ CX'TY '.'"GM~XSBXON OF ~ ~ OF DZI3tAY
B~C~, FLORXDA, ~ FOLT.,C)#B8
Bection 1. '/'hat assessments in the individual a~Gnts as shown by the
report of the City Manager o£ the City o£ Delray Beach, involving the City's cost of
abating the a£oresaid nuisances upon ~he 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) ~ndicated
thereon. 8aid 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 o£ the City o£ Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such o~nership appears upon the records of the County Tax Assessor, notice(s) that the
City C~ssion of the City of Delray Beach on the has
levied an assessment against said property for the colt of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) dams 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 £ees and other costs of collecting said sm. & Notice of Lien shall he
mixed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become e££ective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the miling date of the notice o£ 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 S. That in the event that pa]merit has not been received by the City
Clerk within thirty (30) days a£ter the mixing date of the notice of assessment, the
City Clezk As hereby dArected to record a certified copy of this resolutAon in the
public records o£ Palm Beach County, Florida, and upon the date and time of recording
of the certified copy of this resolution a lien shall hec---e effective on the sub,act
property which shall secure the cost of abatement, interest at the rate of 8%, and
collection costs including a reasonable attoruey's £ee.
Rcs. No. 34~2
~J~S~D JLND ~DOPT~D ~n wegul&r ~eseLon on th~s , 2002.
day of
MAYOR
ATTEST
City Clerk
Res. No. 34-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
..... PROPERTY DESCRIPTION .... OWNER ASSESSMENT
!WINSTON COND, UNIT 1, PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL WYD CORP
(137 SOUTH SWINTON AVE # 1) 9716 COLOCASIA WAY
PC # 12 43 46 16 70 000 0010 BOYNTON BEACH, FL 33436
CUST ID # 8831 $ 61.80
$ 55.00 ADMFEE
SOUTHRIDGE, LOT 29, BLOCK 1, PB 13, P 38,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARIA DELACONCEPCION
(321 STERLING AVENUE) VILLA TOLEDO
PC # 12 43 46 20 13 001 0290 AVEIDA PAEL PARAISO
CUST ID # 483 CARACAS, VENEZUELA 00038 $ 65.90
$ 55.00 ADM FEE
WEST SIDE HEIGHTS DELRAY, LOT 22, BLOCK D,
:PB 13, P 61, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL I JIMMY WEATHERSPOON &
(38 NW 8TH AVENUE) MARIAN WEATHERSPOON
iPC # 12 43 46 17 26 004 0220 130 NW 8TH AVENUE
CUST ID # 6766 DELRAY BEACH, FL 33444 $ 77.25
$ 55.00 ADM FEE
DELRAY MANOR ADD TO DELRAY, LOT 18,
PB 12, P 59, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL MIDFIRST BANK
(501 SW 10TH STREET) P.O. BOX 268950
PC # 12 43 46 20 12 000 0180 OKLAHOMA CITY, OK 73126
CUST ID # 9480 $ 46.35
$ 55.00 ADM FEE
!REPLAT OF IDA LAKE TERRACE, N 80 FT OF
SLY 227.09 FT OF E 151.76 FT OF BLOCK 3,
PB 1, P 3, PUBLIC RECORDS OF WILLIAM V. VULTAGGIO
PALM BEACH COUNTY, FL 11 LAKE COURT
i(NW 3RD AVENUE) MASSAPEQUA, NY 11758-5803
PC # 12 43 46 08 14 003 0010
iCUST ID # 9479 $ 65.90
$ 55.00 ADM FEE
4
Res. No. 34-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
DELRAY SHORES 1ST ADD, LOT 18, BLOCK 15,
PB 28, P 2, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL SECRETARY OF HOUSING &
(2655 DORSON WAY) URBAN DEVELOPMENT
PC # 12 43 46 07 02 015 0180 909 SE 1ST AVENUE # 500
CUST ID # 8389 MIAMI, FL 33131 74.90
55.00 ADM FEE
DELRAY SHORES, LOT 9, BLOCK 11, PB 24, P 232 RUPERT RAMSEY
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 627 NW 5TH STREET
(2543 ANGLER WAY) BOYNTON BEACH, FL 33435
PC # 12 43 46 07 01 011 0090
CUST ID # 9303 58.18
55.00 ADM FEE
DELRAY SHORES, LOT 3, BLOCK 3, PB 24, P 232,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARKER 88, INC.
(524 ANGLER DRIVE) 4560 RIVER BOTTOM DRIVE
PC # 12 43 46 07 01 003 0030 NORCROSS, GA 30092
CUST ID # 8163 58.18
55.00 ADM FEE
ROBERT G. ALLEN &
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3, PATRICIA ALLEN
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 206 SW 2ND AVENUE
(206 SW 2ND AVENUE) DELRAY BEACH, FL 33444
PC # 12 43 46 16 01 047 0030
CUST ID # 60 65.90
55.00 ADM FEE
ENRIQUE C. RAMOS
SUNSET PARK DELI=AY, LOT 51 PB 12, P 65, AMPARO RAMOS
PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O RENE I::~MOS
(1015 MANGO DRIVE) 1019 MANGO DRIVE
PC # 12 43 46 20 16 000 0510 DELRAY BEACH, FL 33444
CUST ID # 524 58.18
55.OO ADM FEE
Res. No. 34-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
TOWN OF DELRAY, N 50 FT OF S 1/2 LESS S 8 FT
OF E 135 FT, BLOCK 22, PB 1, P 3, MAMIE L. YOUNG
PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 265
(126 SW 5TH AVENUE) DELRAY BEACH, FL 33447
PC # 12 43 46 16 01 022 0150
CUST ID # 6604 81.35
55.00 ADM FEE
JEFFERSON MANOR, LOT 48, PB 24, P 150,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL FIRST UNION BANK OF
(1331 NW 3RD STREET) DELAWARE
PC # 12 43 46 17 24 000 0480 1270 NORTHLAND DR. STE 200
CUST ID # 9476 ST. PAUL, MN 55101 82.63
55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
6
Res. No. 34-02