Res 70-03RESOLUTION NO. 70-03
A RESOLUTION OF THE CITY COMMISSION OF 'r~ CITY OF DEL~AY BEACH,
FLORIDA, PD~SUA~T TO CHAPTER 100 OF THE CODE OF OP~DINANCES OF T~
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DEL~AY 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 LE~ING 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 UN~AID
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 Ordlnances~ 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 desi~nated
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 llst 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 li~ts 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 A~nistration or such
agents or contractors hired by the City A~mlnlstration 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 Co~4ssion 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=~ission 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 end 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
obligatlons 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 in~nediately 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 ?th day of Oetober~ 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 llen 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. 704)3
PASSED AND ADOPTED in re~ul&r session on this the
O~tober , 2003.
.d&y of
ATTEST:
City Clerk
3
Res. No. 70-03
COST OF ABATING NUISANCES UNDER CHAPTER t00 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
:TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3,
'PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROBERT G. ALLEN &
(206 SW 2ND AVENUE) PATRIClA ALLEN
12 43 46 16 01 047 0030 206 SW 2ND AVENUE
CUST ID # 60 DELRAY BEACH, FL 33444 $ 70.75
$ 55.00 ADMFEE
ToWN OF DELRAY, S 66 FT OF N 186.51 FT OF
W 135 FT OF BLOCK 123, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL BARBARA DOOLEY
(133 NE 7TH AVENUE) 133 NE 7TH AVENUE
12 43 46 16 01 123 0010 DELRAY BEACH, FL 33483
CUST ID # 10019 $ 70.75
$ 55.OO ADM FEE
POINCIANA HEIGHTS OF DELRAY BEACH,
LOT 50, PB 26, P 265, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(1001 NW 3RD TERRACE) TILLIE NELSON
12 43 46 17 40 000 0500 219 NW 10TH AVENUE
CUST ID # 361 DELRAY BEACH, FL 33~.~.~, $ 121.50
$ 55.O0 ADM FEE
DEL IDA PARK, LOT 20, BLOCK 13, (DEL-IDA PARK
HISTORIC DISTRICT) PB 9, P 52, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL BERNARD JUROVIESKY &
609 NE 3RD AVENUE) KIMBERLY JUROVIESKY
12 43 46 09 29 013 0200 7313 ANDORRA PLACE
CUST ID 10146 BOCA RATON, FL 33433 $ 48.50
$ 55.00 , ADM FEE
TOWN OF DELRAY, LOTS 32 & 33, BLOCK 15,
PB 1, P 3, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
SW 6TH AVENUE VAC LOT SO. OF 234) VERA F. GIBSON
12 43 46 16 01 015 0320 P.O. BOX 66
CUST ID # 506 INKSTER, MI 48141-0066 $ 39.75
$ 55.00 ADM FEE
4
Res. No. 70-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
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,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SIDNEY WASHINGTON
1402 NW 2ND STREET VAC LOT E 1406) c/o DENISE WASHINGTON
12 43 46 17 00 000 3100 2627 NW 20TH AVENUE # 2
CUST ID # 5659 FT. LAUDERDALE, FL 33311 $ 81.75
$ 55.00 ADM FEE
CHATELAINE NO. 1, LOT 13, BLOCK 5,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
700 AVENUE CHAUMONT) DOLORES G. BELL
12 43 46 12 03 005 0130 700 AVENUE CHAUMONT
CUST ID # 9996 DELRAY BEACH, FL 33445 - 0 -
$ 55.00 !ADM FEE
VIOLATION IS: SECTION 100~)1 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
5
Res. No. 7O-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # (~k~ REGULAR MEETING
RESOLUTION NO. 70-03
OF OCTOBER 7. 2003
OCTOBER 3, 2003
This is a resolution assessing costs for abatement action required to remove nuisances on seven (7)
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. 70-03.
AgmemoCE.Res No 70-03
RESOLUTION NO. 70-03
A RESOLUTION OF THE CITY COMMISSION OF T~ CITY OF DELRAY B~ACH,
FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINA/~CES OF Tm
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND{S} LOCATED WITHIN THE CITY OF DELRAY BEACH A~D 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 A~AT~NT OF NUISANCES~
PROVIDING FOR AN EFFECTiV~ DATE AND FOR A DUB DATE A~D INTEREST ON
ASSESSMMNTS~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR U~PAID
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~ end,
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) n~med in the list attached hereto and made e
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 limlts 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 A~m~nistration or such
agents or contractors hired by the City A~m~nistretion was therefore required to end
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 Co~ission 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 Comm~esion 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 mounts 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 i=smediately 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 Com~ission of the City of Delray Beach on the 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 he 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. 70-03
PASSED AND ADOPTED 'in regular session on this the · 2003.
~ay of
MAYOR
ATTEST:
City Clerk
3
Res. No. 70-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROBERT G. ALLEN &
206 SW 2ND AVENUE) PATRICIA ALLEN
12 43 46 16 01 047 0030 206 SW 2ND AVENUE
CUST ID # 60 DELRAY BEACH, FL 33444 $ 70.75 1
$ 55.00 ADMFEE
TOWN OF DELRAY, S 66 FT OF N 186.51 FT OF
W 135 FT OF BLOCK 123, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL BARBARA DOOLEY
133 NE 7TH AVENUE) 133 NE 7TH AVENUE
12 43 46 16 01 123 0010 DELRAY BEACH, FL 33483
CUST ID # 10019 $ 70.75
$ 55.00 ADM FEE
POINCIANA HEIGHTS OF DELRAY BEACH,
LOT 50, PB 26, P 265, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
1001 NW 3RD TERRACE) TILLIE NELSON
12 43 46 17 40 000 0500 219 NW 10TH AVENUE
CUST ID # 361 DELRAY BEACH, FL 33444 $ 121.50
$ 55.00 ADMFEE
DEL IDA PARK, LOT 20, BLOCK 13, (DEL-IDA PARK
HISTORIC DISTRICT) PB 9, P 52, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL BERNARD JUROVIESKY &
(609 NE 3RD AVENUE) KIMBERLY JUROVIESKY
12 43 46 09 29 013 0200 7313 ANDORRA PLACE
CUST ID 10146 ~BOCA RATON, FL 33433 $ 48.50
$ 55.00 ADM FEE
TOWN OF DELRAY, LOTS 32 & 33, BLOCK 15,
PB 1, P 3, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(SW 6TH AVENUE VAC LOT SO. OF 234) VERA F. GIBSON
12 43 46 16 01 015 0320 P.O. BOX 66
CUST ID # 506 INKSTER, MI 48141-0066 $ 39.75
$ 55.00 ADM FEE
Res. No. 70-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
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,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SIDNEY WASHINGTON
1402 NW 2ND STREET VAC LOT E 1406) c/o DENISE WASHINGTON
12 43 46 17 00 000 3100 2627 NW 20TH AVENUE # 2
CUST ID # 5659 FT. LAUDERDALE, FL 33311 $ 81.75
$ 55.00 ADM FEE
CHATELAINE NO. 1, LOT 13, BLOCK 5,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
700 AVENUE CHAUMONT) DOLORES G. BELL
12 43 46 12 03 005 0130 700 AVENUE CHAUMONT
CUST ID # 9996 DELRAY BEACH, FL 33445 - 0 -
-- i $ 55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE,
5
Res. No. 70-03