Res 04-97 RESOLUTION NO. 4-97
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 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 i00.04 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 Januar¥.1997 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
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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 th~ , 21st day
of January , 1997. .~~
0
R
ATTEST:
i! - 3 - Res. No. 4-97
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PR0?ERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, LOT 3, ROBERT G. & PATRICIA ALLEN $ 61.00
BLK 47, PB 12, P 81, 206 SW 2ND AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(206 SW 2ND AVENUE)
SEC 18-46-43, NLY 133.18' BLONDELL ANTHO~ $ 97.58
OF S 206' OF ELY 129' OF 68 NW 18TH AVENUE 70.00 (ADM. COST)
NE 1/4 OF SW 1/4 OF SE DELRAY BEACH, FL 33444
1/4 OF NE 1/4 AS IN
ORB 2246 P578 (LESS E 20'
RD R/W), PS 1, P 3, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(68 NW 16TH AVENUE)
TOWN OF DELRAY, LT 23, GRACE BARNETT $ 69.00
BLK 23, PB 10, P 69, 1401 39TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM WEST PALM BEACH, FL 33407
BEACH COUNTY, FL
(509 SW 3RD STREET)
SOUTHRIDGE, LTS 10 & 15, JAMES P. BENNETT $ 45.00
BLK 7, PB 24, P 11, 11407 FLINT LANE 70.00 (ADH. COST)
PUBLIC RECORDS OF PALM BOKEELIA, FL 33922
BEACH COUNTY, FL
(615 SOUTHRIDGE ROAD)
POINCIANA HEIGHTS OF CARTERET SAVINGS BANK $ 77.00
DELRAY BEACH, LT 24, c/o SPEAR & HOFFMAN 70.00 (ADH. COST)
PK 26, P 245, PUBLIC 700 S. DIXIE HWY. #2 FLR
RECORDS OF PALM BEACH CORAL GABLES, FL 33146
COUNTY, FL
(332 NW 11TH AVENUE)
TOWN OF DELRAY, S 150' H.& HAZEL CLEM $ 51.00
OF E 50' OF BLK 18, 3 SUMMER STREET 70.00 (ADM. COST)
(LESS E 20' R/W), PB 1, NORWALK, CT 06851
P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(NW 2ND STREET)
SUNSET PA~K DELRAY, TOMASA R. CRUZ $ 77.00
LT 54 & 55, PB 12, P 65, 409 NW 7TH COURT 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM BOYNTON BEACH, FL 33426
BEACH COUNTY, FL
(MANGO DRIVE)
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TOWN OF DELRAY, LT 9 & JULES J. FELSO $ 43.00 '
N 26.5' OF LT 10 (LESS 8 NE 2ND STREET 70.00 (ADM. COST)
W 60') BLK 67 (OLD SCHOOL DELRAY BEACH, FL 33444
SQUARE HISTORIC DISTICT)
PB 1, P 3, PUBLIC RECORDS
OF PALM BEAC~I COUNTY, FL
(8 & MORE NE 2ND STREET)
TOWN OF DELRAY, S 50' OF EDWIN C. IVY $ 69.00
OF N 200' OF W 120' OF 519 SW 15TH TERRACE 70.00 (ADM. COST)
BLK 5, P ~-,PUBLIC RECORDS DELRAY BEACH, FL 33444
OF PALM BEACH COUNTY, FL
(NW 5TH AVENUE)
TOWN OF DELRAY, N 50' OF ALAN KLASFELD TR $ 51.00
W 135' OF BLK 20, PB 1, 701 NW 13TH STREET #B1 70.00 (ADM. COST)
P 3, PUBLIC RECORDS OF BOCA RATON, FL 33486
PALM BEACH COUNTY, FL
(516 NW 1ST STREET)
TOWN OF DELRAY, S 1/2 OF ETHEL J. MACKEY $ 51.00
LT 5, BLK 30, PB 1, P 30, C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM 1120 NW 64TH STREET
~BEACH COUNTY, FL MIAMI, FL 33150
(129 SW 5TH AVENUE)
TOWN OF DELRAY, N 100' MARY L. MCRAY $ 350.00
OF S 385' OF W 135' OF 586 LAWRENCE ROAD 70.00 (ADM. COST)
BLK 2, PB 1, P 3, PUBLIC DELRAY BEACH, FL 33445
RECORDS OF PALM BEACH
COUNTY, FL
(227 NW 8TH AVENUE)
TOWN OF DELRAY, LTS 22 TO ALVAN E. MCFORD $ 85.75
26 INC., BLK 15, PB 13, 17831 NW 47TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM CAROL CITY, FL 33055
BEACH COUNTY, FL
(SW 7TH AVENUE)
ATLANTIC PARK GARDENS, BERTHA PALMER $ 61.00
DELRAY, LT 16, BLK 1, 35 NW 13TH AVENUE 70.00 (ADM. COST)
PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(35 NW 13TH AVENUE)
TOWN OF DELRAY, W 55' OF MARIE QUINCE $ 61.00
LTS 11 & 12, BLK 23, 506 SW 14TI4 AVENUE 70.00 (ADM. COST)
PB 10, P 69, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(SW 3RD STREET)
CARVER SQUARE, LTS 12 TO RPI MANAGEMENT CORP & $ 96.52
14, INC., LT 16, PB 24, HAMPTON REAL ESTATE, INC. 70.00 (ADM. COST)
P 11, PUBLIC RECORDS OF 21 SE 1ST AVENUE, STE 900
PALM BEACH COUNTY, FL MIAMI, FL 33111
(sw 2ND COURT)
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TOWN OF DELRAY, LTS 6 & L. SIMMONS $ 77.00'
7, BLK 15, PB 13, P 8, 1601 GLENCOVE AVE. 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM PALM BAY, FL 32907
BEACH COUNTY, FL
(SW 7TH AVENUE)
ATLANTIC PARK GARDENS, HELENA SMITH $ 61.00
LT 17, BLK 1, PB 14, 10404 PIPPIN LANE 70.00 (ADM. COST)
P 56, PUBLIC RECORDS ROYAL PALM BEACH, FL
OF PALM BEACH COUNTY, FL 33411
(37 NW 13TH AVENUE)
TOWN OF DELl{AY, N 100' OF JOSE N. SURIA $ 32.00
E 131.6' OF BLK 63, 607 NW 43RD WAY 70.00 (ADM. COST)
PB 6, P 3, PUBLIC RECORDS DEERFIELD BEACH, FL 33442
OF PALM BEAC}{ COUNTY, FL
(200 SO. SWINTON AVENUE)
RESUB OF BLK 29, DELRAY CHARLIE TERRY $ 61.00
BEACH, LTS 28 & 29, PB 9, 39 SW 9TH AVENUE # 3 70.00 (ADM. COST)
P 66, PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(95 SW 5TH AVENUE)
J. G. FENNOS SUB., LT 9, JACK VINIK, JR. $ 51.00
BLK 2, PB 2, P 89, 950 NW 26TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445
'BEACH COUNTY, FL
(NW 9TH AVENUE)
HALLER & GROOTMANS SUB., RANDALL A. WALKER $ 32.00
LT 31, PB 5, P 4, PUBLIC 11334 172ND PLACE NO. 70.00 (ADM. COST)
RECORDS OF PALM BEACH JUPITER, FL 33478
COUNTY, FL
(414 NE 7TH AVENUE)
SEC. 17-46-43, E 43.74' SIDNEY WASHINGTON $ 24.00
OF S 140' OF N 165' OF 2633 NW 18TH TERRACE 70.00 (ADM. COST)
N 1/2 OF NW 1/4 OF SW 1/4 OAKLAND PARK, FL 33112901
OF NW 1/4, BP 1, P 3,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(1402 NW 2ND STREET)
SUNDY & TENBROOK, ADD TO J.E. & KAY B. WOMACK $ 43.00
DELRAY, LT 19, PB 12, P.O. BOX 2493 70.00 (ADM. COST)
P 32, PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(SW 4TH AVENUE)
VIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION
MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE.
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