Res 21-98 RESOLUTION NO. 21-98
A RESC,LUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDIND~CES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR A~ATING 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
ABATENENT 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 17th 4ay of March, 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. 21-98
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 l?th day
ATTEST:
City Clerk ---
- 3 - Res. No. 21-98
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
SEC 28-46-43, ELY 522.52 MIKE L. BLANK $ 97.00
FT OF N 1/4 OF NE 1/4 OF PO BOX 1245 70.00 (ADM. COST)
NW 1/4 LYG W OF FIND DELRAY BEACH, FL 33447
CANAL R/W (LESS S 25 FT
OF E 131.49 FT & NLY
47 FT OF WLY 53 FT FOR
RD R/W IN 0R23646 P 784)
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(MCCLEARY STREET)
ESQUIRE SUB, E 200 FT GLENN HAGGERTY $ 61.00
OF LOT 16, PB 23, P 43, 2675 OCEAN DRIVE 70.00 (ADM. COST)
PUBLIC RECORDS OF VERO BEACH, FL 32963
PALM BEACH COUNTY, FL
(1036 SW 9TH AVENUE)
SUB OF SEC 20-46-43 GLENN HAGGERTY $ 41.00
SLY 107.15 FT OF 2675 OCEAN DRIVE 70.00 (ADM. COST)
NLY 431.15 FT OF VERO BEACH, FL 32963
ELY 122 FT OF E 1/2
OF W 1/2 OF LOT 30
(LESS E 30 FT SW 10TH
AVE IN PB 72, P 142)
PB 28, P 68, PUBLIC
RECORDS OF PALM
BEACH COUNTY, FL
(1127 WALLACE DRIVE)
SUB OF SEC 20-46-43 GLENN HAGGERTY $ 59.00
S 79.82 FT OF N 247.82 2675 OCEAN DRIVE 70.00 (ADM. COST)
FT OF E 1/2 OF W 1/2 OF VERO BEACH, FL 32963
LOT 30, LYG E OF
GERMANTOWN RD (LESS
E 30 FT, SW 10TH AVE IN
PB 72, P 142), PB 28,
P 68, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(1113 WALLACE DRIVE)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 45.00
LOT 77, BLK 1, PB 43, 19400 W. DIXIE HWY. 70.00 (ADM. COST)
P 152, PUBLIC RECORDS NORTH MIAMI BEACH, FL
OF PALM BEACH COUNTY, FL 33180-2215
(3865 NW 9TH STREET)
4 RES. NO. 21-98
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 45.00
LOT 79, BLK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM COST)
P 152, PUBLIC RECORDS NORTH MIAMI BEACH, FL
OF PALM BEACH COUNTY, FL 33180-2215
(382~ NW 9TH STREET)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 45.00
LOT 74, BLK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM COST)
P 152, PUBLIC RECORDS NORTH MIAMI BEACH, FL
OF PALM BEACH COUNTY, FL 33180-2215
(915 SUNFLOWER AVE.)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 45.00
LOT 73, BLK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM COST)
P 152, PUBLIC RECORDS NORTH MIAMI BEACH, FL
OF PALM BEACH COUNTY, FL 33180-2215
(935 SUNFLOWER AVE. )
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 45.00
LOT 26, BLK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM COST)
P 152, PUBLIC RECORDS NORTH MIAMI BEACH, FL
OF PALM BEACH COUNTY, FL
(940 NW 43RD AVENUE)
TOWN OF DELRAY, LOTS WILLIE MAE RICHARDSON $ 69.00
7 & 8, BLK 36, PB 5, c/o DOROTHY REEDER 70.00 (ADM COST)
P 38, PUBLIC RECORDS 7 PATTON STREET
OF PALM BEACH COUNTY, FL ISELIN, NJ 08830
(34 NW 3RD AVENUE)
OSCEOLA PARK, LOT 19, WAYNE E. ROSEKE & $ 67.00
BLK 6, PB 3, P 2, ALETHA ROSEKE 70.00 (ADM COST)
PUBLIC RECORDS OF RR 10 BOX 2008
PALM BEACH COUNTY, FL LAKE CITY FL, 32025-8821
(SE 6TH STREET)
SOUTHRIDGE, LOT 1, JAMES J. ST. CLAIR & $ 33.00
BLK 15, PB 13, P 38, KAREN R. ST. CLAIR 70.00 (ADM COST)
PUBLIC RECORDS OF 999 SW 21ST STREET)
PALM BEACH COUNTY, FL BOCA RATON, FL 33486
(2514 BESSIE STREET)
SUNSET PARK DELRAY, ARTHUR J. ALGONAS & $260.00
LOTS 2, 3 & LOT 23, SUSAN C. ALGONAS 70.00 (ADM COST)
PB 12, P 65, PUBLIC 75 NE 6TH AVE # 106
RECORDS OF PALM BEACH DELRAY BEACH, FL 33483
COUNTY, FL
(328 SW 10TH STREET)
5 RES. NO. 21-98
SUB OF SEC 20-46-43 CHERYL A. CARLEY $ 69.00
S 78 FT OF W 168 FT 1200 NORTHFIELD RD. 70.00 (ADM. COST
OF E 1/2 OF W 1/2 WATERTOWN, CT. 06751419
OF LOT 30, EAST OF
GERMANTOWN RD
(LESS E 30 FT OF
SW 10TH AVENUE RD R/W)
PB 1, P 4, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(VAC LOT SOUTH OF
1103 WALLACE DR.)
WEST SIDE HEIGHTS DELRAY HATTIE L. HARDWICK EST. $ 59.00
LOT 4, BLK C, PB 13, c/o G. QUAIL 70.00 (ADM. COST
P 61, PUBLIC RECORDS PO BOX 7043 FDR STATION
OF PALM BEACH COUNTY, FL NEW YORK, NY 10150-1908
(37 NW 10TH AVENUE)
TOWN OF DELRAY, RUBY L. HARRIS $ 47.00
S 37.5 FT OF N 75 FT c/o P. C. WELLS 70.00 (ADM. COST
OF W 130.44 FT OF 7012 SUNNYSIDE LANE
E 155.44 FT OF E 1/2 FT. WASHINGTON, MD
OF S 1/2 BLK 4, PB 1, 20744-4325
P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(NW 7TH AVENUE)
TOWN OF DELRAY, N 50 FT ALAN KLASFELD, TR $ 59.00
OF W 135 FT OF BLK 20, 701 NW 13TH ST. # Bi 70.00 (ADM. COST
PB 1, P 3, PUBLIC BOCA RATON, FL 33486
RECORDS OF PALM BEACH
COUNTY, FL
(516 NW 1ST STREET)
TOWN OF DELRAY, N 100 FT ROBERT C. BUTLER & $ 69.00
OF W 120 FT OF BLK 25, CYRILLYN Y. BUTLER 70.00 (ADM. COST
PB 5, P 2, PUBLIC 5567 NAYLOR COURT
RECORDS OF PALM BEACH NORCROSS, GA 30092
COUNTY, FL
(NW 5TH AVENUE)
CHATELAINE NO. 1, MICHELE FORD & $ 61.00
LOT 9, BLK 7, PB 29, ROSALYN T. JONES, ET AL 70.00 (ADM. COST)
P 95, PUBLIC RECORDS PO BOX 398
OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33425
(3601 CHATELAINE BLVD.)
ODMANNS SUB, LOT 23, LEON I. JENKINS & $ 75.00
BLK 4, PB 4, P 53, GAIL R. JENKINS 70.00 (ADM. COST)
PUBLIC RECORDS OF 16049 RIO DEL SOL
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33446
(21 SW 14TH AVENUE)
6 RES. NO. 21-98
OSCEOLA PARK, LOT 20, JIM SOODEEN & $ 67.00
BLK 104, PB 3, P 2, RASHEEDA J. ABRAHIM 70.00 (ADM. COST)
PUBLIC RECORDS OF 921 SE 2ND AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483
(317 SE 4TH AVENUE)
ROSEMONT PARK DELl{AY, LUCRETIA WALKER $ 41.00
LOT 1, BLK 7, PB 13, 601 SW 8TH AVENUE 70.00 (ADM. COST)
P 60, PUBLIC RECORDS DELRAY BEACH, FL 33444
OF PALM BEACH COUNTY, FL
(601 SW 8TH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS;
DECLARED NUISANCE.
7 RES. NO. 21-98