Res 47-98 RESOLUTION NO. 47-98
A RESOLUTION OF THE CITY CO~(ISSION 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
ACCOMPAN~ THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACC0~4PLISH 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 Co~ission & 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~ssion of the City of Delray Beach,
pursuant to Chapter 100 of the Code o~ 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 s~me 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 ~--~ediately mail by first class mail to the owner(s)
2
Res. No. 47-98
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the city Comission of the City of
Delray Beach on the 4th da7 of August, 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 progeedings 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 4~h day
of Au~us~ , 1998.
eity Cl~rk ;
3
Res. No. 47-98
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
DELL PARK, LTS 3 & 4, BLK 8, PB 8, P 56, PUBLIC RICHARD A. COURT, ESTATE $128.00
RECORDS OF PALM BEACH COUNTY, FL C/o MONT COURT 70.00 (ADM. FEE)
(1012 NE 3eI~ AVENUE) 584 S 700 WEST
PAYSON, UT 84651
CHATELAINE NO 1, LOT 9, BLK 7, PB 29, P 95, M1CHELE FORD & $69.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROSALYN T. JONES, ET AL 70.00 (ADM. FEE)
(3601 CHATELAINE BLVD.) PO BOX 398
BOYNTON BEACH, FL 33425
TOWN OF DELRAY, S 200 FT OF W 100 FT OF BLK PIERRE G. FRANCOIS, ET AL $41.00
56, PB 20, P 55, PUBLIC RECORDS OF PALM 117 SW 4TM AVENUE 70.00 (ADM. FEE)
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(117 SW 4TM STREET)
POINCIANA HEIGHTS OF DELRAY BEACH, LOT FREDDIE M. SMITH $ 85.00
24, PB 26, P 245, PUBLIC RECORDS OF PALM 332 NW 11TM AVENUE 70.00 (ADM. FEE)
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(332 NW 11TM AVENUE)
RESUB OF BLK 29, DELRAY BEACH, LOTS 28 & CHARLIE TERRY $93.00
29, BLK 29, DELRAY BEACH, PB 9, P 66, 39 SW 9TM AVENUE #3 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(95 SW 5TM AVENUE)
HALLER & GROOTMANS SUB, LOT 31, PB 5, P 4, RANDALL A. WALKER $41.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 414 NE 7TM AVENUE 70.00 (ADM. FEE)
(414 NE 7TM AVENUE)) DELRAY BEACH, FL 33483
SOUTHRIDGE, LOT 23, BLK 2, PB 13, P 38, ,PUBLIC MICHAEL ACHELUS & $47.00
RECORDS OF PALM BEACH COUNTY, FL MADELEINE ACHELUS 70.00 (ADM. FEE)
(335 SOUTHRIDGE ROAD) 335 SOUTHRIDGE ROAD
DELRAY BEACH, FL 33444
TOWN OF DELRAY, S50 FT OF N200 FT OF W 135 LAURIE BAKER $ 106.00
FT OF BLK 20, PB 1, P 3, PUBLIC RECORDS OF 330 WASHINGTON AVENUE 70.00 (ADM. FEE)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(33 NW 6TM AVENUE)
PRIESTS ADD TO ATLANTIC PARK GARDENS, VIRGINIA BRYANT $-0-
LOT 1, BLOCK 4, PB 23, P 70, PUBLIC RECORDS OF 203 SW 14TM AVENUE 70.00 (ADM. FEE)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(203 SW 14~r~AVENUE)
4
RES. NO. 47-98
SOUTHRIDGE, LOT 29, BLK 2, PB 13, P 38, PUBLIC ANTOINE C. DENISCA $ 65.00
RECORDS OF PALM BEACH COUNTY, FL 309 SOUTHRIDGE ROAD 70.00 (ADM. FEE
(309 SOUTHRIDGE ROAD) DELRAY BEACH, FL 33444
SOPHIA FREY ADD, LOT 14 & LOT 15 (LESS N 1/2), JOHN D. GWYNN $33.00
BLK 2, PB 1, P 3, PUBLIC RECORDS OF PALM 811 NE 8TM AVENUE 70.00 (ADM. FEE)
BEACH COUNTY, FL DELRAY BEACH, FL 33483
(890 & 892 NE 7TM AVENUE))
WILLIAMS SUB, LOT 2, PB 24, P 180, PUBLIC ARNETTA HAYWOOD $ - 0 -
RECORDS OF PALM BEACH COUNTY, FL 325 ROOSEVELT AVENUE 70.00 (ADM. FEE)
(236 S.W. 15TM AVENUE) DELRAY BEACH, FL 33444
TOWN OF DELRAY, S 1/2 OF LOT 5, BLK 30, PB 1, P ETHEL MACKEY $51.00
3, PUBLIC RECORDS OF PALM BEACH COUNTY, C/O SHIRLEY M. WALLACE 70.00 (ADM. FEE)
FL 1120 NW 64TM STREET
(129 SW 5TM AVENUE) MIAMI, FL 33150-4231
SOUTHRIDGE, LOT 28, BLK 2, PB 13, P 38, PUBLIC ANTOINE MESIDOR & $44.00
RECORDS OF PALM BEACH COUNTY, FL JEAN L. ARISTILDE, ET AL 70.00 (ADM. FEE)
(311 SOUTHRIDGE ROAD) 311 SOUTHRIDGE ROAD
DELRAY BEACH, FL 33444
HIGH ACRES, LOT 7 (LESS E 16 FT), PB 21, P 85, ELAINE J. MORAN $40.00
PUBLIC RECORDS OF PALM BEACH COUNTY, 114 NW 16TM STREET 70.00 (ADM. FEE)
(114 NW 16TM STREET) DELRAY BEACH, FL 33444
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
5
RES. NO. 47-98