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Res 29-98 RESOLUTION NO. 29-98 A REsoLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO C~APTER 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 S~L~LL 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 21st day of April, 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. 29-98 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 21st day ATTEST: - 3 - Res. No. 29-98 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LA HACIENDA, DELRAY, ALVIN L. BROCK $ 49.00 L0T 14, BLK E, PB 15, 740 SOUTH LAKE AVE. 70.00 (ADM. COST) P 6, PUBLIC RECORDS OF DELRAY BEACH, FL 33483 PALM BEACH COUNTY, FL (730 SO. LAKE AVE.) SUB OF N 1/2 OF SE 1/4 JAMES & HATTIE L. BROWN $ 67.00 OF SE 1/4 OF SW 1/4 802 SW 3RD STREET 70.00 (ADM. COST) b-NREC/LOT 1, PB 1, P 3, DELRAY BEACH, FL PUBLIC RECORDS OF PALM BEACH COUNTY, FL (802 SW 3RD STREET) SUB OF SEC 20-46-43 ELIZ. A. GONZALEZ, ET AL $ 59.00 S 76.18 FT OF N 324 FT c/o I. NEAL 70.00 (ADM. COST) OF E 1/2 OF W 1/2 OF 237 SW 5TH AVENUE LOT 30 (LESS E 30 FT OF BOYNTON BEACH, FL 33435 SW 10TH AVE RD R/W, PB 1, P 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1119 WALLACE DRIVE) TOWN OF DELRAY, N 50 FT ADELENE JENKINS $ 55.00 OF S 356.4 FT OF E 135 PO BOX 1993 70.00 (ADM. COST) FT OF BLK 24, PB 1, P 3, DELRAY BEACH, FL 33447 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (322 SW 5TH AVENUE) TOWN OF DELRAY, S 1/2 ETHEL MACKEY $ 51.00 OF LOT 5, BLK 30, PB 1, c/o SHIRLEY M. WALLACE 70.00 (ADM. COST) P 3, PUBLIC RECORDS OF 1120 NW 64TH STREET PALM BEACH COUNTY, FL MIAMI, FL 33150-4231 (129 SW 5TH AVENUE) RIDGEWOOD HEIGHTS RPI MGMT CORP. $ 51.00 DELRAY, LOT 23, BLK C, 209 NE 95TH ST, STE. 2 70.00 (ADM. COST) PB 14, P 44, PUBLIC MIAMI, FL 33139 RECORDS OF PALM BEACH COUNTY, FL (1106 SW 7TH AVENUE) RES. NO. 29-98 ATLANTIC PARK GARDENS, CI~RLES F. RIDLEY $ 24.00 DELRAY, LOTS 15 & 16, 137 SW 12TH AVENUE 70.00 (ADM. COST) BLK 3, PB 14, P 56, DELRAY BEACH, FL 33444 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (110 SW 12TH AVENUE) TOWN OF DELRAY, N 1/2 AMY CHARLOW $ 51.00 OF LOT 5, BLK 30, PB 1, 125 SW 5TH AVENUE 70.00 (ADM. COST) P 3, PUBLIC RECORDS OF DELRAY BECH, FL 33444 PALM BEACH COUNTY, FL (125 SW 5TH AVENUE) LAKE IDA SHORES, LOT 8 NETWORK FINANCIAL CORP $ 98.00 (LESS N 20 FT), BLK 3, 9100 GRIFFIN ROAD 70.00 (ADM. COST) PB 25, P 54, PUBLIC COOPER CITY, FL 33328-3540 RECORDS OF PALM BEACH COUNTY, FL (532 NW 8TH AVENUE) HIGHLAI~D TRAILER PARK CARL W. REAGAN & $ 24.00 LOT 88 & NLY 1/2 OF LORRAINE H. REAGAN 70.00 (ADM. COST) LOT 89, PB 24, P 213, 8413 TALLMADGE ROAD PUBLIC RECORDS OF RAVENNA, OH 44266-9242 PALM BEACH COUNTY, FL (14684 GLENVIEW DRIVE) OSCEOLA PARK, LOTS 5 ROGER SMITH $ 242.00 TO 8, INC. (LESS US HWY 1266 SO. MILITARY TRAIL 70.00 (ADM. COST) #1 RD R/W) BLK 1, PB 3, SUITE # 528 P 2, PUBLIC RECORDS OF DEERFIELD BEACH, FL 33442 PALM BEACH COUNTY, FL (530 SE 6TH AVENUE) TOWN OF DELRAY, LOT 11 & ZEDER H. HAILD, TR $ 39.00 N 39 FT OF LOT 12, BLK 94, c/o COMMERICA BANK TRUST RE 70.00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS PB BOX 75000 OF PALM BEACH COUNTY, FL DETROIT, MI 48275-0001 (102 SE 4TH AVENUE) POINCIANNA HEIGHTS OF CARL J. CARTER, JR. $ 89.00 DELRAY BEACH, LOT 29, 315 NW 12TH AVENUE 70.00 (ADM. COST) PB 26, P 245, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (315 NW 12TH AVENUE) TOWN OF DELRAY, S 150 FT FRED D. MC COY & $ 77.00 OF W 135.5 FT OF BLK 26, AMERIFIRST 70.00 (ADM. COST) PB 5, P 64, PUBLIC 17500 NW 68TH AVE. #210 RECORDS OF PALM BEACH HIALEAH, FL 33015-4044 COUNTY, FL (415 NW 2ND STREET) RES. NO. 29-98 5 TOWN OF DELRAY, LOT 17, BERTHA PRESTON $ 107.00 BLK 23, PB 10, P 69, 1001 WEST 3RD STREET 70.00 (ADM. COST) PUBLIC RECORDS OF RIVIERA BEACH, FL 33404 PALM BEACH COUNTY, FL (217 SW 6TH AVENUE) CARVER MEMORIAL PARK SUB MARY STRAPP $ 62.00 LOTS 3 & 4, BLK A, 210 NW 13TH AVENUE 70.00 (ADM. COST) PB 20, P 56, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (210 NW 13TH AVENUE) ATLANTIC GARDENS DELRAY, ANNIE M. WATT & $ 59.00 LOT 1, BLK 9, PB 41, MAGGIE L. WATT 70.00 (ADM. COST) P 63, PUBLIC RECORDS OF 336 SW 5TH AVENUE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (SW llTH AVENUE) SOUTHRIDGE, LOT 15, JAMES P. BENNETT $ 51.00 PB 13, P 38, PUBLIC 11407 FLINT LANE 70.00 (ADM. COST) RECORDS OF PALM BEACH BOKEELIA, FL 33922-3011 COUNTY, FL (SOUTHRIDGE ROAD) RIDGEWOOD HEIGHTS VALENTINE GABALDON & $ 67.00 DELRAY, LOTS 1 & 2/LESS FRANCES GABALDON 70.00 (ADM. COST) N 15 FT RD R/W, BLK B, 321 DATURA STREET PB 14, P 44, PUBLIC WEST PALM BEACH, FL 33401 RECORDS OF PALM BEACH COUNTY, FL (702 SW 10TH STREET) OSCEOLA PARK, W 63.36 FT BEN & IRIS HAMMETT $ 51.00 LOTS 28, 29 & 30, BLK 7, 2996 BYINGTON CIRCLE 70.00 (ADM. COST) PB 3, P 2, PUBLIC RECORDS TALLAHASSEE, FL 32303-2504 OF PALM BEACH COUNTY, FL (629 SE 2ND AVENUE) SOUTHRIDGE, LOTS 21, SAMUEL N. & LIDIA LOPEZ $ 51.00 BLK 10, PB 13, P 38, 32 NW 24TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445 BEACH COUNTY, FL (ZEDER AVENUE) SOUTHRIDGE, LOT 22, SAMUEL N. & LIDIA LOPEZ $ 51.00 BLK 10, PB 13, P 38, 32 NW 24TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445 BEACH COUNTY, FL (ZEDER AVENUE) RES. NO. 29-98 6 SOUTHRIDGE, LOT 23, SAMUEL N. & LIDIA LOPEZ $ 51.00 BLK 10, PB 13, P 38, 32 NW 24TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445 BEACH COUNTY, FL (ZEDER AVENUE) ATLANTIC PARK GARDENS, J.D. & EARLINE MONROE $ 51.00 DELRAY LOT 19, BLK 2, 32 EARLE STREET 70.00 (ADM. COST) PB 14, P 56, PUBLIC HARTFORD, CT 06120-1714 RECORDS OF PALM BEACH COUNTY, FL (39 SW 13TH AVENTJE) HALLER & GROOTMANS SUB, RANDALL A. WALKER $ 39.00 LOT 31, PB 5, P 4, 11334 172ND PLACE NO. 70.00 (ADM. COST) PUBLIC RECORDS OF PALM JUPITER, FL 33478 BEACH COUNTY, FL (414 NE 7TH AVENUE) ATLANTIC GARDENS DELRAY, E. & HENRY WILSON $ 51.00 LOT 23, BLK 6, PB 14, PB BOX 1676 70.00 (ADM. COST) P 63, PUBLIC RECORDS DELRAY BEACH, FL 33447 OF PALM BEACH COUNTY, FL (142 SW llTH AVENUE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. RES. NO. 29-98 ?