Res 68-98 RESOLUTION NO. 68-98
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 ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the existence
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 pertaining 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 assessment 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 t~me 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 property
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 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 DELRA¥ 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 foreclosures 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.
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Res. No. 68-98
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 Co~ission 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 plu~, 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 3r~ day
of November , 1998.
ity Cl rk '
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Res. No. 68-98
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, S 37.5 FT OF W 130 FT OF N 75 JAMES STEPHENS $51.00
FT OF S ~ OF BLOCK 12, PB 1, P 3, PUBLIC 7053 GLENWOOD DRIVE 70.00 ADM FEE
RECORDS OF PALM BEACH COUNTY, FL LAKE WORTH, FL 33462-6702
(N.W. 7TM AVENUE)
CARVER MEMORIAL PARK SUB, LOT 2, BLOCK A, JULIA SIMMS $51.00
PB 20, P 56, PUBLIC RECORDS OF PALM BEACH 204 N.W. 13TM AVENUE 70.00 ADM. FEE
COUNTY, FL DELRAY BCH, FL 33444-1653
(204 NW 13TM AVENUE)
PLUMOSA PARK SEC A, LOT 88, PB 23, P 68, JOHN D. KOSTER & $64.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ALBERT RICHWAGEN 70.00 ADM. FEE
(251 N.E. 17TM STREET) 251 N.E. 17TM STREET
DELRAY BCH, FL 33444-4139
TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 ADELENE JENKINS $51.00
FT OF BLOCK 24, PB 1, P 3, PUBLIC RECORDS OF P.O. BOX 1993 70.00 ADM. FEE
PALM BEACH COUNTY, FL DELRAY BCH, FL 33447-1993
(322 S.W. 5TM AVENUE)
OSCEOLA PARK, W 63.36 FT OF LTS 28, 29 & 30, BEN & IRIS HAMMETT $51.00
BLOCK 7, PB 3, P 2, PUBLIC RECORDS OF PALM 2996 BYINGTON CIRCLE 70.00 ADM. FEE
BEACH COUNTY, FL TALLAHASSEE, FL
(629 S.E. 2nD AVENUE) 32303-2504
SUNSET PARK DELRAY, LOT 55, PB 12, P 65, TOMASA CRUZ $51.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 409 N.W. 7TM COURT 70.00 ADM. FEE
(MANGO DRIVE) BOYNTON BCH, FL 33426-3622
SUNSET PARK DELRAY, LOT 54, PB 12, P 65, TOMASA CRUZ $51.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 409 N.W. 7TM COURT 70.00 ADM. FEE
(MANGO DRIVE) BOYNTON BCH, FL 33426-3622
TOWN OF DELRAY, LOT 23, BLOCK 23, PB 10, P 69, GRACE BARNETT $51.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1401 39TM STREET 70.00 ADM. FEE
(509 S.W. 3RD STREET) WEST PALM BEACH, FL
33407-3631
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING
HAZARDS; DECLARED NUISANCE.
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Res. No. 68-98