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Res 40-98 RESOLUTION N0.4~98 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 ASSESSMENTS. 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 ~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 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) 2 Res. No. 40-98 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 July, 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 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 ?th day of July , 1998. - dity Cl~rk ' -- 3 Res. No. 40-98 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT WINSTON COND, UNIT I, PB 3242. P 1800, PUBLIC EFRAIN ARANIBAR $41.00 RECORDS OF PALM BEACH COUNTY, FL 1754 FUNSTON STREET #3-B 70.00 (ADM. FEE) (I 37 SO. SWINTON AVENUE # 1) HOLLYWOOD, FL 33020 SUB OF SEC 20-46-43, S78 FT OF W168 FT OF El/2 CHERYL A. CARLEY $77.00 OF Wl/2 OF LT 30, EAST OF GERMANTOWN RD 1200 NORTHFIELD ROAD 70.00 (ADM. FEE) (LESS E 30 FT OF SW 10TM AVE. Ks) R/W), PB 1, P 4, WATERTOWN, CT 067951419 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (VAC LOT SOUTH OF 1103 WALLACE DRIVE) GOLF PARK, LOT 15, BLK 2, PB 26, P 141, PUBLIC ALMANA DUMOND $ - 0 - RECORDS OF PALM BEACH COUNTY, FL 646 SW 20TM COURT 70.00 (ADM. FEE) (646 SW 20TM COURT) DELRAY BEACH, FL 33445 TROPIC ISLE 2~D SECTION, LT 210, PB 24, P 246, MURIEL EGAN $ 45.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 3860 ALADDIN AVENUE 70.00 (963 CYPRESS DRIVE) BOY'NTON BEACH, FL 33436 TOWN OF DELRAY ALVAN E. MCFORD $275.00 LTS 22 TO 26, INC., BLK 15, PB 13, Pt$, PUBLIC 17831NW 47'm AVENUE 70.00 (ADM. FEE) RECORDS OF PALM BEACH CO~l'~, FL CAROL CITY, FL 330553255 (SW 7TM AVENUE) TOWN OF DELRAY, W55 FT OF LTS 11 & 12, BLK MARIE QUINCE $51.00 23, PB 10, P 69, PUBLIC RECORDL OF PALM 506 SW 14TM AVENUE 70.00 (ADM. FEE) BEACH, FL DELRAY BEACH, FL 33444 (SW 3P'D STREET) RIDGEWOOD HEIGHTS DELRAY RPI MANAGEMENT CORP $59.00 LT 23, BLK C, PB 14, P 44, PUBLI': RECORDS OF 209 NE 95TM STREET, SUITE 2 70.00 (ADM. FEE) PALM BEACH COUNTY, FL MIAMI, FL 33139 (1106 SW 7TM AVENUE) RIDGEWOOD HEIGHTS DELRAY, E 41 FT OF LT 2, MADELINE SANTIAGO & $ 41.00 BLK D, PB 14, P 44, PUBLIC RECORDS OF PALM HERMELINDA SANTIAGO 70.00 (ADM. FEE) BEACH COUNTY, FL 1105 1/2 SW 7TM STREET (1105 & 1/2 SW 7TM AVENUE DELRAY BEACH, FL 33444 TOURIST NOOK DELRAY, LOT 25. BLK B, PB 11, P GLORITH STEPHENSON $59.00 47, PUBLIC RECORDS OF PALM BEACH COUNTY, 13953 CORAL WAY 70.00 (ADM. FEE) FL DELRAY BEACH, FL 33445 (232 NW 8TM AVENUE) TOWN OF DELRAY, LT 3, BLK 47, P1n !2, P 81, ROBERT G. & PATRICIA ALLEN $51.00 PUBLIC RECORDS OF PALM BE~ACH COUNTY, FL 206 SW 2]qD AVENUE 70.00 (ADM. FEE) (206 SW 2~° AVENUE) DELRAY BEACH, FL 33444 4 RES. NO. 40-98 MONROE SUB, LT 23, BLK 12, PB 14, P 67, PUBLIC DOROTHY J. BUTLER & $ 32.00 (ADM. FEE) RECORDS OF PALM BEACH COUNTY, FL PAUL JONES, JR. 70.00 (620 NW 1sT STREET) 1117 S.W. 8TM STREET DELRAY BEACH, FL 33447 NICHOLS 2~D ADD TO DELRAY BEACH, LT 14, PB MOLLIE K. BOWLES $69.00 21, P 70, PUBLIC RECORDS OF PALM BEACH GUARDIANSHIP PROG. OF 70.00 (ADM FEE) COUNTY, FL DADE COUNTY (304 SW 7TM STREET) 7950 NW 53~'D STREET, STE 301 MIAMI, FL 331667903 TOWN OF DELRAY, S 75 FT OF N: 50 FT OF E 1/2 ROBERT L. BURNS $295.00 OF S 1/2, BLK 39, PUBLIC RECORDS OF PALM 2578 LAKE IDA ROAD 70.00 (ADM. FEE) BEACH COUNTY, FL DELRAY BEACH, FL 33445 ((230 SW 3~ AVENUE) TOWN OF DELRAY, N 50 FT OF S 350.4 FT OF E 135 ADELENE JENKINS $51.00 FT OF BLK 24, PB 1, P 3, PUBLIC RECORDS OF PO BOX 1993 70.00 (ADM. FEE) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 (322 SW 5TM AVENUE) NORTHRIDGE, W 1/2 OF LT 8 & ALL OF L'I-~, BLK PAUL E,. NICOLLS $35.00 6, PB 23, P 168, PUBLIC RECORDS OF PALM 210 SO. SEACREST CIRCLE 70.00 (ADM. FEE) BEACH COUNTY, FL DELRAY BEACH, FL 33444 (210 SO. SEACREST CIRCLE) CARVER SQUARE, LTS 12 TO 14, INC. & LT 16, PB RPI MANAGEMENT CORY' $98.00 24, P 11, PUBLIC RECORDS OF PALM BEACH HAMPTON REAL ESTATE, INC. 70.00 (ADM. FEE) COUNTY, 1300 BAXTER STREET # 215 (SW 2~D COURT) CHARLOTTE, NC 282043053 TOWN OF DELRAY, S 5 FT OF LT 1, & N 71,5 FT OF SYLVIA SCHUPLER TRUSTEE $61.00 LT2, BLK 30, PB 1, P 3, PUBLIC RECORDS OF 3101 WASHINGTON ROAD 70.00 (ADM. FEE) PALM BEACH COUNTY, FL WEST PALM BEACH, FL 33405 (109 SW 5TM AVENUE) RESUB OF S I/2 OF BLK 54, DELRAY, LT 17, BLK DOROTHY J. SHEPPARD $51.00 54, PB I i, P 2, PUBLIC RECORDS O? PALM BEACH 610 NE 15TM PLACE 70.00 (ADM. FEE) COUNTY, FL BOYNTON BEACH, FL'33435 (117 & MORE SW 2ND STREET) .. SUNDY & TENBROOK ADD TO DELRAY, LT 19, PB J.E. & KAY B. WOMACK $ 41.00 12, P 32, PUBLIC RECORDS OF PALM BE3CH Po BOX 2493 70.00 (ADM. FEE) COUNTY, FL DELRAY BEACH, FL 33447 (SW 4TM STREET) ATLANTIC PARK GARDENS, DELRAY, LT 20, BLK MARTHA ALEXANDER & $ - 0 - 2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH JACQUELINE D. ALEXANDER 70.00 (ADM. FEE) COUNTY, FL 45 SW 13TM AVENUE (45 SW 13TM AVENUE) DELRAY BEACH, FL 33444 DELRAY SHORES, IsT ADD, LT 6, BLK 12, PB 7, P REY'NALL & SUZE EUGENE $ - 0 - 33, PUBLIC RECORDS OF PALM BEACH COUNTY, 2986 LAKE IDA ROAD 70.00 (ADM. FEE) FL DELRAY BEACH, FL 33445 (2986 LAKE IDA ROAD) 5 RES. NO. 40-98 TOWN OF DELRAY, LT 23, BLK 23, PB10, P 69, GRACE BARNETT $115.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1401 39TM STREET 70.00 (ADM. FEE) (509 SW 3~ STREET) WEST PALM BEACH, FL 33407 TOWN OF DELRAY, S 1/2 (LESS N 150 FT, W 135.6 ROBERT L. BURNS $84.00 FT & S 106.1 FT) BLK 39, PB 11, P 3~ PUBLIC 2578 LAKE IDA ROAD 70.00 (ADM FEE) RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (VACANT) DELL PARK, LTS 3 & 4, BLK B, PB 8, P 56, PUBLIC RICHARD A. COURT, EST. $51.00 RECORDS OF PALM BEACH COLSqTY, FL C/O MONT COURT 70.00 (ADM. FEE) (1012 NE 3~ AVENUE) 584 SO. 700 WEST PAYSON, UT 84651 SOUTHRIDGE, LT 29, BLK 1, PB 13, P 38, PUBLIC MARIA DELACONCEPCION $67.00 RECORDS OF PALM BEACH COU3NTY, FL VILLA TOLEDO 70.00 (ADM. FEE) (321 STERLING AVENUE) AVEIDA PAEL PARAISO CARACAS, VENEZUELA, 00038 TOWN OF DELRAY, S 50 FT OF N 200 FT OF W 120 EDWIN C. IVY $59.00 FT OF BLK 25, PB 5, P 2, PUBLIC RECORDS OF 519 SW 15TM TERRACE 70.00 (ADM. FEE) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (NW 5TM AVENUE) TOWN OF DELRAY, LTS 7 & 8, BkK 72, PB 10, P 57, AIDA MARRERO $ 73.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 329 SO. SWlNTON AVENUE 70.00 (ADM. FEE) (325-329 SO. SWINTON AVENUE) DELRAY BEACH, FL 33444 TOWN OF DELRAY, E 50 FT OF W 200 FT OF N 135 EDWARD L. MARSHALL, TR $51.00 FT OF BLK 11, PB 1, P 3, PUBLIC RECORDS OF C/O DENNIS M. BOYCE 70.00 (ADM. FEE) PALM BEACH COUNTY, FL 105 NARCISSUS AVE., STE 702 (610 NW 2sD STREET) WEST PALM BEACH, FL 33401 TOWN OF DELRAY, S 75 FT OF W 135.6 FT O~r BLK ATUNE ENTERPRISES, INC. $69.00 39, PB 1, P 3, PUBL1C RECORDS OF PALM BEACH 3477 JUPITER BLVD. 70.00 (ADM. FEE) COUNTY, FL PALM BAY, FL 32909-4102 (315 SW 3P'D STREET) TOWN OF DELRAY, W 35 FT OF E 135 FT OF N 100 ETHEL BAINE $51.00 FT& S 50 FTOFN 100 FT OF E 35.5 FT OF W 135.5 C/O G. H. BAIN 70.00 (ADM. FEE) FT OF BLK 3 I, PB 1, P 3, PUBLIC RECORDS OF 545 NW 5TM STREET PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435 (4 i 0 SW 2Nr~ STREET) SUNSET PARK DELRAY, LT 54, PB 12, P 65, TOMASA CRUZ $51.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 409 NW 7TM COURT 70.00 (ADM. FEE) (MANGO DRIVE) BOYNTON BEACH, FL 334263622 SUNSET PARK DELRAY, LT 55, PB 12, P 65, TOMASA CRUZ $51.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 409 NW 7TM COURT 70.00 (ADM. FEE) ( MANGO DRIVE) BOYNTON BEACH, FL 33426 SOUTHRIDGE, LT 22, BLK 1, PB !3, P 38, PUBL1C VALERIE C. HAMMOND $51.00 RECORDS OF PALM BEACH COUNTY, FL 11610 CEDAR CREEK ROAD 70.00 (ADM. FEE) (REIGLE AVENUE) LOUISVILLE, KY 402293703 6 RES. NO. 40-98 RIDGEWOOD HEIGHTS DELRAY, LTS 26 & 27, FRANK L. HOWARD $73.00 BLK B, PB 14, P 44, PUBLIC RECORDS OF PALM 3804 LATIMER DRIVE 70.00 (ADM. FEE) BEACH COUNTY, FL AUSTIN, TX 78732-2204 (1026 SW 7TM AVENUE) SOUTHRIDGE, LTS 17 TO 20 INC., BLK 1, PB 13, P MANUEL MOREDA & $59.00 38, PUBLlC RECORDS OF PALM BEACH COUNTY, ESTERVINA MOREDA 70.00 (ADM. FEE) FL PO BOX 1953 (REIGLE AVENUE) DELRAY BEACH, FL 33447 SOUTHRIDGE, LTS 14 TO 16 INC., BLK 1, PB 13, P MANUEL MOREDA & $ 49.00 58, PUBLIC RECORDS OF PALM BEACH COUNTY, ESTERVINA MOREDA 70.00 (ADM. FEE) FL PO BOX 1953 (REIGLE AVENUE) DELRAY BEACH, FL 33447 PARADISE HEIGHTS, LTS 1 & 2, PB 24, P 113, CHARLENE G. PATRICK $61.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O LOVETT 70.00 (ADM. FEE) (NW 6TM AVENUE) 1424 CIMMARON PARKWAY g4 WAKE FOREST, NC 27587 GRACEY-BYRD, LTS 4 THRU 8 (1_ ESS W 5 FT U.S. RLB ENTERPRISES, INC. $250.00 HWY 1 RD R/W) PB 10, P 52, PUBLIC RECORDS OF 249 SO. FEDERAL HIGHWAY 70.00 (ADM. FEE) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (247 & 249 SE 6*" AVENUE) SUNSET PARK DELRAY, LT 51, PB 12, P 65, ENRIQUE C. & AMPARO RAMOS $51.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1015 SW 2~D AVENUE 70.00 (ADM. FEE) (1015 MANGO DRIVE) DELRAY BEACH, FL 33444 CARVER MEMORIAL PARK SUB, LT 2, BLK A, PB JULIA SIMMS $59.00 20, P 56, PUBLIC RECORDS OF PALM BEACH 204 NW 13TM AVENUE 70.00 (ADM. FEE) COUNTY, FL DELRAY BEACH, FL 33444 (204 NW 13TM AVENUE) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. 7 RES. NO. 40-98