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Res 66-98 RESOLUTION NO. 66-98 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 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 Man&ger 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 A~m~nistration 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 Co ~-~ission 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 ~mmediately 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 3rd day of November, 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 3rd day of November , 1998. ~/~/AJ~ 3 Res. No. 66-98 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, W 50 FT OF E 200 FT OF S 135 JOHNNIE MARTIN, JR. $ - 0 - FT OF S 1/2 OF BLOCK 22, PB 10, P 38, PUBLIC 215 SW 7TM AVENUE 70.00 ADM. FEE RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (515 SW 2ND STREET) TROPIC ISLE 3a° SECTION, LOT 313, PB 25, P 37, MARK BODE $ 61.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 936 GARDENIA DRIVE 70.00 ADM. FEE (936 GARDENIA DRIVE) DELRAY BEACH, FL 33483 POINCIANA HEIGHTS OF DELRAY BEACH, LOT CARL J. CARTER, JR. 29, PB 26, P 245, PUBLIC RECORDS OF PALM 315 NW 12TM AVENUE $59..00 BEACH COUNTY, FL DELRAY BEACH, FL 33444 70.00 ADM. FEE (315 NW 12TM AVENUE) SECTION 17-46-43, E 50 FT OF W 583 FT OF S 140 FT JACQUEL DAWSON OF N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW C/O ANNAS RETREAT $ 84.00 !/4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH ESTATE TUTU # E-7 70.00 ADM. FEE COUNTY, FL S~. THOMAS, US, VI 00802 (1404 NW 2N° STREET) DOND! REALTY GROUP, INC. HALLER & GROOTMANS SUB, LOT 36, PB 5, P 4, P.O. BOX 1085 $ 41.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 70.00 ADM. FEE (434 NE 7TM AVENUE) WEST SIDE HEIGHTS DELRAY, LOT 4, BLOCK C, HATTIE L. HARDWICK ESTATE $59.00 PB 13, P.61, PUBLIC RECORDS OF PALM BEACH C/0 G. QUAIL 70.00 ADM. FEE COUNTY, FL NEW YORK, NY 10150-1908 (37 NW 10TM AVENUE) DELRAY BEACH HIGHLANDS SECTION 1, LOT l, BRIAN P. HONAKER $41 ..00 BLOCK 8, PB 26, P 209, PUBLIC RECORDS OF PALM 1218 SW 22N° AVENUE 70.00 ADM. FEE BEACH COUNTY, FL DELRAY BEACH, FL 33445 (1218 SW 22~° AVENUE) DEL RATON PARK, E 100 FT OF LOTS 34 TO 39, MASS INDUSTRIES, INC. $159.00 INC., BLOCK 36, PB 14, P 9, PUBLIC RECORDS OF 596 ADMIRALS WAY 70.00 ADM. FEE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (2300 & 2320 FLORIDA BLVD.) TOWN OF DELRAY, LOTS 22 TO 26, INC., BLOCK ALVAN E. MC FORD $ 77.00- 15, PB 13, P 18, PUBLIC RECORDS OF PALM BEACH 17831 NW 47TM AVENUE 70.00 ADM. FEE COUNTY, FL CAROL CITY, FL 33055-3255 (SW 7TM AVENUE) 4 Res. No. 66-98 REVISED ROSEDALE PARK, PARCEL A, PB 15, PINEWOOD PARK & $55.00 P 31, PUBLIC RECORDS OF PALM BEACH R V CENTER, INC. 70.00 ADM. FEE COUNTY, FL P.O. BOX 39872 (1710-1800 NO. FEDERAL HWY.) FT. LAUDERDALE, FL 33339-9872 OSCEOLA PARK, LOT 19, BLOCK 6, PB 3, P 2, WAYNE ROSEKE & $ 59.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL ALETHA ROSEKE 70.00 ADM. FEE (SE 6TM STREET) RR 10 BOX 2008 LAKE CITY, FL 32025-8821 HALLER & GROOTMANS SUB, LOT 31, PB 5, P 4, WANDALL A. WALKER $130.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 414 NE 7TM AVENUE 70.00 ADM. FEE (414 NE 7TM AVENUE) DELRAY BEACH, FL 33483 ATLANTIC GARDENS DELRAY, LOT 23, BLOCK 6, E. WILSON & $59.00 PB 14, P 63, PUBLIC RECORDS OF PALM BEACH HENRY WILSON 70.00 ADM. FEE COUNTY, FL PO BOX 1676 (142 SW I 1TM AVENUE) DELRAY BEACH, FL 33447 MONROE SUB, LOT 26, BLOCK 12, PB 14, P 67, SHEDRICK & LONIE FASHAW $87.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL & WILLIE WRIGHT 70.00 ADM. FEE (NW 7TM AVENUE) 221 NO. COUNTRY CLUB BLVD. BOCA RATON, FL 33487 MONROE SUB, LOT 26, BLOCK 12, PB 14, P 67, SHEDRICK & LONIE FASHAW $69.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL & WILLIE WRIGHT 70.00 ADM. FEE (NW 7TM AVENUE) 221 NO. COUNTRY CLUB BLVD. BOCA RATON, FL 33487 TOWN OF DELRAY, N 37.5 FT OF E 130.44 FT OF W SHEDRICK & LONIE FASHAW $59.00 155.44 FT OF S !/2, BLOCK 12, PB 1, P 3, PUBLIC & WILLIE WRIGHT 70.00 ADM. FEE RECORDS OF PALM BEACH COUNTY, FL 221 NO. COUNTRY CLUB BLVD. (VACANT) BOCA RATON, FL 33487 RESUB OF BLOCK 17, DELRAY BEACH, LOT 26 ELISE JACKSON $39.00 (LESS W 50 FT), BLOCK 17, PB 21, P 90, PUBLIC 1587 NE 3R° AVENUE 70.00 ADM. FEE RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (352 NW 5TM AVENUE) NORTHRIDGE, W 1/2 OF LOT 8 & ALL LOT 9, PAUL E. NICOLLS $51.00 BLOCK 6, PB 23, P 168, PUBLIC RECORDS OF PALM 210 SO. SEACREST BLVD. 70.00 ADM. FEE BEACH COUNTY, FL DELRAY BEACH, FL 33444 (210 SO. SEACREST CIRCLE) OSCEOLA PARK, LOTS 21 & 22, BLOCK 104, PB 3, P JIM& JANICE SOODEEN $69.00 2, PUBLIC RECORDS OF PALM BEACH COUNTY, 309 SE 4TM AVENUE 70.00 ADM. FEE FL DELRAY BEACH, FL 33483 (309 SE 4TM AVENUE) ODMANNS SUB, LOT 21 (LESS 1-95 R/W) & LOT 22, DEIN P. SPRIGGS $46.75 BLOCK 1, PB 4, P 53, PUBLIC RECORDS OF PALM 3200 NO. FEDERAL HWY #128 70.00 ADM. FEE BEACH COUNTY, FL BOCA RATON, FL 33431-6048 (19 NW 14TM AVENUE) 5 Res. No. 66-98 TOWN OF DELRAY, LOT 7, BLOCK 26, PB 5, P 64, ABISSET CORP, INC. $61.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 7123 70.00 ADM. FEE (226 NW 4TM AVENUE) DELRAY BEACH, FL 33447 SUNSET PARK DELRAY, LOTS 2, 3 & LOT 23, PB 12, ARTHUR J. ALGONAS & $69.00 P 65, PUBLIC RECORDS OF PALM BEACH SUSAN C. ALGONAS 70.00 ADM. FEE COUNTY, FL 75 NE 6TM AVENUE #106 (328 SW l0TM STREET) DELRAY BEACH, FL 33483 TOWN OF DELRAY, LOT 16, BLOCK 35, PB 1, P 3, GRACE BARNETT PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1401 39TM STREET $61.00 (309 NW ! ST STREET) WEST PALM BEACH, FL 33407 70.00 ADM. FEE DELRAY SHORES, LOT 2, BLOCK 11, PB 24, P 233, FIRST NATIONWIDE MTG.. CORP $69.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL Cio CODILIS & STAWlARSKI 70.00 ADM. FEE (2403 ANGLER DRIVE) 4010 BOY SCOUT BLVD. g450 TAMPA, FL 33607 TOWN OF DELRAY, LOT 19, BLOCK 25, PB $, P 2, ALBERTA P. GAINES, TR $41.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O ANGELA LEE 70.00 ADM. FEE (306 NW 4TM AVENUE) 952 E. COTTON BAY DR. #1912 WEST PALM BEACH, FL 33406 TOWN OF DELRAY, S 50 FT OF N 200 FT OF W 120 EDWIN C. IVY $51.00 FT OF BLOCK 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, S 150 FT OF W 135.5 FT OF FRED D. MC COY & $61.00 BLOCK 26, PB 5, P 64, PUBLIC RECORDS OF PALM AMERIFIRST 70.00 ADM. FEE BEACH COUNTY, FL 17500 NW 68TM AVENUE #210 (415 NW 2n° STREET) HIALEEAH, FL 33015-4044 TOWN OF DELRAY, LOTS 7 & 8, BLOCK 36, PB 5, P WILLIE MAE RICHARDSON $51.00 38, PUBLIC RECORDS OF PALM BEACH COUNTY, CIO DOROTHY REEDER 70.00 ADM. FEE FL 7 PATTON STREET (34 NW 3RD AVENUE) ISELIN, NJ 08830 TOWN OF DELRAY, E 100 FT OF N 50 FT OF JULIA SCADLOCK $59.00 BLOCK 18, PB 1, P 3, PUBLIC RECORDS OF PALM C/O LAWRENCE SCADLOCK 70.00 ADM. FEE BEACH COUNTY, FL 2621 BOWEN ROAD, SE #104 (248 NW 5TM AVENUE) WASHINGTON, DC 20020-6649 SECTION 7-46-43, S 481.54 FT OF N 596.54 FT OF LINDA P., THOMPSON & $ 45.00 WLY 289 FT OF NW 1/4 (LESS TH PT IN OR 2753, P RODNEY Z. REMUS 70.00 ADM. FEE 1920 MEAS AS S 94.66 ALG W SEC Ll), PUBLIC 3953 LONE PINE ROAD RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (3953 LONE PINE ROAD) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. 6 Res. No. 66-98