Res 08-98 RESOLUTION NO. 8-98
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 ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence 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 pertain-
ing 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 assess-
ment 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 prop-
erty 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 Administra-
tion 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 fore-
closures 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 20th day of January, 1998 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
- 2 - Res. No.8-98
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.
PASSED AND ADOPTED in regular session on this the 20th day
of January , 1998. .l~j
AfO R
ATTEST:
..... ~i~y 'c-'~ ~ /
- 3 - Res. No. 8-98
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
PRIESTS ADD TO ATLANTIC W. & LOIS CLEMONS $ - 0 -
PARK GARDENS, LT 17, C/O JONATHAN DORCH 70.00 (ADM. FEE)
BLK 2, PB 23, P 70, 250 N. BROADWAY 2.71 (RECORDING)
PUBLIC RECORDS OF YONKERS, NY 10701 $ 72.71
PALM BEACH COUNTY, FL
(118 SW 14TH AVENUE)
STRICKLAND SUB. E 1/2 E. GONZALES & $ 51.00
OF LT 1 & N 35 FT OF HERMENLINDA GONZALES 70.00 (ADM. FEE)
E 1/2 OF LT 2, BLK 1, 1108 SW 8TH AVENUE 2.71 (RECORDING)
PB 23, P 173, PUBLIC DELRAY BEACH, FL 33444 $123.71
RECORDS OF PALM BEACH
COUNTY, FL
(1108 SW 8TH AVENUE)
RIDGEWOOD HEIGHTS E. GONZALES & $ 59.00
DELRAY, LT 4, BLK C, HERMENLINDA GONZALES 70.00 (ADM. FEE)
PB 14, P 44, PUBLIC 1108 SW 8TH AVENUE 2 . 71 (RECORDING)
RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 $131.71
COUNTY, FL
(SW 8TH AVENUE)
SUNNYSIDE PARK, LOT 6 ALBERT D. WILLIAMS $ 57.00
PB 21, P 75, PUBLIC CYNTHIA V. WILLIAMS 70.00 (ADM. FEE)
RECORDS OF PALM BEACH 520 SW 4TH AVENUE 2.71 (RECORDING)
COUNTY, FL DELRAY BCH, FL 33445 $129.71
(520 SW 4TH AVE. )
SUNDY & TENBROOK ADD J.E. & KAY B. WOMACK $ 41.00
TO DELRAY, LT 19, P.O. BOX 2493 70.00 (ADM. FEE)
PB 12, P 32, PUBLIC DELRAY BEACH, FL 33447 2.71 (RECORDING)
RECORDS OF PALM BEACH $113.71
COUNTY, FL
(SW 4 TH AVENUE)
NICHOLS 2ND ADD TO KEITH ATKINSON $ 32.00
DELRAY BEACH, LT 10, 320 SW 7TH STREET 70.00 (ADM. FEE)
PB 21, P 70, PUBLIC DELRAY BEACH, FL 33444 2.71 (RECORDING)
RECORDS OF PALM BEACH $104.71
COUNTY, FL
(320 SW 7T~ STREET)
TOWN OF DELRAY, ETHEL BAINE $ 51.00
W 35 FT OF E 135 FT OF c/o G. H. BAIN 70.00 (ADM. FEE)
N 100 FT & S 50 FT OF 545 NW 5TH STREET 2.71 (RECORDING)
N 100 PT OF E 35.5 FT BOYNTON BEACH, FL 33435 $123.71
OF W 135.5 FT OF BLK 31,
PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(410 SW 2ND STREET)
- 4 - Res. No. 8-98
TOWN OF DELRAY, LT 16, GRACE BARNETT $ 61.00
BLK 35, PB 10, P 69, 1401 39TH STREET 70.00 (ADM. FEE)
PUBLIC RECORDS OF WEST PALM BEACH, FL 33407 2.71 (RECORDING)
PALM BEACH COUNTY, FL $133 . 71
(309 NW 1ST STREET)
SOUTHRIDGE, LTS 10 & JAMES P. BENNETT $ 51.00
15, BLK 7, PB 13, 11407 FLINT LANE 70.00 (ADM. FEE)
P 38, PUBLIC RECORDS BOKEELIA, FL 33922-3011 2.71 (RECORDING)
OF PALM BEACH COUNTY, FL $123.71
(615 SOUTHRIDGE ROAD)
ODMANNS SUB, LT 19, MILDRED BURROUGHS $ 83.00
BLK 1, PB 4, P 53, 243 BILBOA STREET 70.00 (ADM. FEE)
PUBLIC RECORDS OF ROYAL PALM BEACH, FL 2.71 (RECORDING)
PALM BEACH COUNTY, FL 33411-1312 $155.71
(NW 13TH AVENUE)
SEC 12-46-42, ELY 225.40 CAMERON II. COBB $150.00
FT OF N 300 FT OF S 4880 LINCOLN ROAD 70.00 (ADM. FEE)
330 FT OF SE 1/4, DELRAY BEACH, FL 33445 2.71 (RECORDING)
PUBLIC RECORDS OF $222.71
PALM BEACH COUNTY, FL
(4001 BRANDON DRIVE)
SEC 12-42-46, TH PT OF COURY INV LTD $250.00
W 1/2 OF NE 1/4 LYG P.O. BOX 343914 70.00 (ADM. FEE)
SO OF SABAL LAKES DRIVE, CORAL GABLES, FL 33114 2.71 (RECORDING)
N OF L-31 CANAL BEING $322.71
ELY 755.75 FT OF WLY
795.75 FT (LESS E 1/2 OF
SW 1/4 OF SW 1/4 OF NE 1/4
& PARS IN OR 3241, P 324, &
P 326) A/K/A/ PROPOSED PH 4
SABAL LAKE, PB 171, P 28,
PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(SABAL LAKES DRIVE)
TOWN OF DELRAY, S 37.5 FT RUBY L. HARRIS $ 59.00
OF N 75 FT OF W 130.44 FT C/O P. C. WELLS 70.00 (ADM. FEE)
OF E 155.44 FT OF E 1/2 7012 SUNNYSIDE LANE 2.71 (RECORDING)
OF S 1/2 BLK 4, PB 1, P 3, FT. WASHINGTON, MD $131.71
PUBLIC RECORDS OF PALM 20744-4325
BEACH COUNTY, FL
(NW 7TH AVENUE)
PRIESTS ADD TO ATLANTIC LENNARD JOSEY & $ 48.00
PARK GARDENS, LTS 14 & MEARLENE JOSEY 70.00 (ADM. FEE)
15, BLK 4, PB 14, P 56, 506 SUNSET ROAD 2.71 (RECORDING)
PUBLIC RECORDS OF PALM BOYNTON BEACH, FL 33435 $120.71
BEACH COUNTY, FL
(206 SW 13TH AVENUE)
5 - Res. No. 8-98
SOUTHRIDGE, LOT 23, SAMUEL N. & LIDIA LOPEZ $ 51.00
BLK 10, PB 13, P 38, 32 NW 24TH AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444 2.71 (RECORDING)
PALM BEACH COUNTY, FL $123.71
(ZEDER AVENUE)
SOUTHRIDGE, LOT 21, SAMUEL N. & LIDIA LOPEZ $ 51.00
BLK 10, PB 13, P 38, 32 NW 24TH AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF DELRAY BEACH, FL 33445 2.71 (RECORDING)
PALM BEACH COUNTY, FL $123.71
(ZEDER AVENUE)
TROPIC PALMS PL 1, RICHARD L. MOLKE SR. & $ 35.00
LOT 298, PB 25, P 99, JEAN A. MOLKE 70.00 (ADM. FEE)
PUBLIC RECORDS OF 739 HERON DRIVE 2.71 (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 $107.71
(739 HERON DRIVE)
TOWN OF DELRAY, N 40 FT WILLIAM PLUMMER, ET AL $ 51.00
OF S 190 FT OF W 135 FT PO BOX 2183 70.00 (ADM. FEE)
OF BLK 21, PB 1, P 3, DELRAY BEACH, FL 33447 2.71 (RECORDING)
PUBLIC RECORDS OF PALM $123.71
BEACH COUNTY, FL
(33 SW 6TH AVENUE)
SUNSET PARK DELRAY, ENRIQUE C. RAMOS & $ 51.00
LT 51, PB 12, P 65, AMPARO RAMOS 70.00 (ADM. FEE)
PUBLIC RECORDS OF 1015 SW 2ND AVENUE 2.71 (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 $123.71
(1015 MANGO DRIVE)
POINCIANA HGTS OF FREDDIE M. SMITH $ 85.00
DELRAY BEACH, LT 24, 332 NW llTH AVENUE 70.00 (ADM. FEE)
PB 26, P 245, PUBLIC DELRAY BEACH, FL 33444 2.71 (RECORDING)
RECORDS OF PALM BEACH $157.71
COUNTY, FL
(332 NW llTH AVENUE)
LINCOLN PARK, DELRAY, VIRGIL STUBBS $ 33.00
LT 5, PB 23, P 160, 326 SW 5TH AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444 2.71 (RECORDING)
PALM BEACH COUNTY, FL $105.71
(SW 10TH AVENUE)
RESUB OF BLK 29, CHARLIE TERRY $ 55.00
DELRAY BCH, LTS 28 & 39 SW 9TH AVENUE # 3 70.00 (ADM. FEE)
29, BLK 29, PB 9, P 66, DELRAY BEACH, FL 33444 2.71 (RECORDING)
PUBLIC RECORDS OF PALM $127.71
BEACH COUNTY, FL
(95 SW 5TH AVENUE)
- 6 - Res. No. 8-98
SOUTHRIDGE, LT 6, BLK 18, ROY M. VAN HORN, JR. & $ 56.00
PB 13, P 38, PUBLIC CYNTHIA VAI~ HORN 70 . 00 (ADM. FEE)
RECORDS OF PALM BEACH 2531 SOUTHRIDGE ROAD 2.71 (RECORIDNG)
COUNTY, FL DELRAY BEACH, FL 33444 $128.71
(2531 SOUTHRIDGE ROAD)
TOWN OF DELRAY, LT 14, CLARENCE G. WEST & $ 51.00
BLK 79, PB 10, P 1, CARMON L. WEST 70.00 (ADM. FEE)
PUBLIC RECORDS OF PO BOX 1356 2.71 (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 $123.71
(SE 1ST AVENUE)
RESUB OF S 1/2 OF BLK 38, SHIRLEY T. WILLIAMS & $ 61.00
N 1/2 OF BLK 39, DELRAY O. B. THOMAS 70.00 (ADM. FEE)
BCH, LT 13, BLK 39, 816 SW 3RD COURT 2.71 (RECORDING)
PB 11, P 34, PUBLIC DELRAY BEACH, FL 33444 $133.71
RECORDS. OF PALM BEACH
COUNTY, FL
(222 SW 3RD AVENUE)
WILLIAMS SUB, LT 2, ARNETTA HAYWOOD $ - 0 -
PB 24, P 180, 1200 SUMMERWOOD CIRCLE 70.00 (ADM. FEE)
PUBLIC RECORDS OF WEST PALM BEACH, FL 33414 2~71 (RECORDING)
PALM BEACH COUNTY, FL $ 72.71
(236 SW 15TH AVENUE)
RIDGEWOOD HEIGHTS DELRAY, FRANK L. HOWARD $ 64.50
LTS 26 & 27, BLK B, 3804 LATIMER DRIVE 70.00 (ADM. FEE)
PB 14, P 44, PUBLIC AUSTIN, TX 78732204 2.71 (RECORDING)
RECORDS OF PALM BEACH $137.21
COUNTY, FL
(1026 SW 7TH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE.
- 7 Res. No. 8-98