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Res 14-97 RESOLUTION NO. 14-97 A RESOLUTION OF TME CITY COMMISSION OF THE CITY OF DELRAY BEACM, 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 WITMIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY TME NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY TME CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING TME 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 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 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 18th day of February, 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 - 2 - Res. No. 14-97 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 18th day of February , 1997. , ATTEST: City CiWrk - 3 - Res. No. 14-97 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE .CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY S75' OF ATUNE ENTERPRISES, INC. $ 69.00 W135.6' OF BLK 39 LUCIUS SIMMONS 70.00 (ADM. COST) PB 11, P 34, PUBLIC 1601 GLENCOVE AVE NW 4.36 (RECORDING) RECORDS OF PALM BEACH PALM BAY, FL 32907-8612 $143.36 COUNTY, FL (315 SW 3RD STREET) DELRAY SHORES, LOT 5, LORIN BROWN $ 45.00 BLK 11, PB 24, P 233, 1120 NW 1ST STREET 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33444 4.36 (RECORDING) PALM BEACH COUNTY, FL $119.36 (ANGLER DRIVE) TOWN OF DELRAY, LOTS 11 MILDRED BUR_NS $ 24.00 & 12, BLK 34, PB 10, 330 NW 7TH AVENUE 70.00 (ADM. COST) P 45, PUBLIC RECORDS DELRAY BEACH, FL 33444 4.36 (RECORDING) OF PALM BEACH COUNTY, FL $ 98.36 (315 NW 2ND STREET) SUB. OF 17-46-43, THE PT COMMUNITY LAND CORP. $ 48.00 OF ELY 77.41' OF N100' P.O. BOX 50001 70.00 (ADM. COST) OF S125' OF W1/4 OF LIGHTHOUSE POINT, FL 4.36 (RECORDING) LT 5, LYG ELY OF 1-95 33074 $122.36 R/W, BK 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 15TH AVENUE) DELL PARK, LOTS 3 & 4, RICHARD A. COURT $ 67.00 BLK 8, PB 8, P 56, 1012 NE 3RD AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33444 4.36 (RECORDING PALM BEACH COUNTY, FL $141.36 (1012 NE 3RD AVENUE) SOUTHRIDGE, LOT 29, MARIA DELACONCEPCION, $ 75.00 BLK 1, PB 13, P 38, VILLA TOLEDO, 70.00 (ADM. COST) PUBLIC RECORDS OF AVEIDA PAEL PARSAISO, 4.36 (RECORDING) PALM BEAC~ COUNTY, FL & CARACUS VENUZUELA $149.36 (321 STERLING AVENUE) SOUTHRIDGE, LOT 11, PASTORIA JOHI~SON $ 61.00 BLK 1, PB 13, P 38, 240 REIGLE AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33444 .. 4.36 (RECORDING) PAJ_~4 BEACH COUNTY, FL $135.36 (240 REIGLE AVENUE) - 4 - RES. NO. 14-97 ATLANTIC PARK GARDENS, J. D. & EARLINE MONROE $ 51.00 DELRAY, LT 19, BLK 2, 32 EARLE STREET 70.00 (ADM. COST) PB 14, P 63, PUBLIC F~Z~RTFORD, CT 06120 4.36 (RECORDING) RECORDS OF PALM BEACH $125.36 COUNTY, FL (39 SW 13TH AVENUE) LAKE IDA SHORES, LT 8 NETWORK FINANCIAL CORP. $ 33.00 (LESS N20'), BLK 3, P.O. BOX 600429 70.00 (ADM. COST) PB 25, P 54, PUBLIC MIAMI, FL 33160 4.36 (RECORDING) RECORDS OF PALM BEACH $107.36 COUNTY, FL (532 NW 8TH AVENUE) ATLANTIC PARK GARDENS DAISY M. RAY $ 59.00 DELRAY, LT 13, BLK 2, P.O. BOX 74 70.00 (ADM. COST) PB 14, P 56, PUBLIC LENOX, GA 31637 4.36 (RECORDING) RECORDS OF PALM BEACH $133 . 36 COUNTY, FL (17 SW 13TH AVENUE) RIDGEWOOD }{EIGHTS DELRAY, MADELINE S. SANITAGO $ 59.00 E 41' OF LT 2, BLK D, 1105 1/2 SW 7TH AVE. 70.00 (ADM. COST) PB 14, P 44, PUBLIC DELRAY BEACH, FL 33444 4.36 (RECORDING) RECORDS OF PALM $133.36 BEAC/q COUNTY, FL (1105 1/2 SW 7TH AVE. ) SILVER TERRACE DELRAY, L.D. TERRY $ 87.25 LTS 4 & 5, BLK 2. 3111 SW RUCKS DAIRY RD. 70.00 (ADM. COST) PB 11, P 61, PUBLIC OKEECHOBEE, FL 34974 4.36 (RECORDING) RECORDS OF PALM $161.61 BEACH COUNTY, FL (1205 SO. DIXIE hS~Y) TOWN OF DELRAY, LT 4, ELEANORE S. WILSON $ 61.00 BLK 23, BK 10, P 69, c/o L. SCHONE 70.00 (ADM. COST) PUBLIC RECORDS OF 50 SE 4TH AVENUE 4.36 (RECORDING) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 $135.36 (214 SW 5TH AVENUE) TOWN OF DELRAY, W50' CLIFFORD P. WRIGHT $ 31.00 OF E165' OF S135' IN 330 DAVIS ROAD 70.00 (ADM. COST DB541 P527, BLK 19, DELRAY BEACH, FL 33444 4.36 (RECORDING) PB 11, P 73, PUBLIC $105.36 RECORDS OF PALM BEACH COUNTY, FL (VAC LOT EAST OF 517) TOWN OF DELRAY, LT 16, GRACE BARNETT $ 61.00 BLK 35, PB 1, P 3, 1401 39th STREET 70.00 (ADM. COST) PUBLIC RECORDS OF WEST PALM BEACH, FL 4.36 (RECORDING) PALM BEAC}{ COUNTY, FL 33407-3631 $135.36 (309 NW 1ST STREET) - 5 - RES. N0. 14-97 NICHOLS 2ND ADD TO MOLLIE K. BOWLES $ 77.00 DELl{AY BEACH, LT 14, 304 SW 7TH STREET 70.00 (ADM. COST) PB 21, P 70 DELRAY BEACH, FL 33444 4.~6 (RECORDING) PUBLIC RECORDS OF $151.36 PALM BEACH COUNTY, FL (304 SW 7TH STREET) TOWN OF DELRAY, N1/2 AMY CHARLOW $ 51.00 OF LT 5, BLK 30 125 SW 5TH AVENUE 70.00 (ADM. COST) PB 1, P 3, PUBLIC DELRAY BEACH, FL 33444 4.~6 (RECORDING) RECORDS OF PALM $125.36 BEACH COUNTY, FL (125 SW 5TH AVENUE) FALL RIDGE OF DELRAY FALL RIDGE OF DELRAY COND $ 62.00 COND COMMON AREA 5092 CORONADO RIDGE 70.00 (ADM. COST) PB 3241, P 1851 BOCA RATON, FL 33486 4.36 (RECORDING) PUBLIC RECORDS OF $136.36 PALM BEACH COUNTY, FL (1100 SW 4TH AVENUE) OSCEOLA PARK, LT 23, MAX & PATRICIA M. GABRIEL $ 85.00 BLK 7, PB 3, P 2, 610 SE 3RD AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33483 4.36 (RECORDING) PALM BEACH COUNTY, FL $159.36 (610 SE 3RD AVENUE) DELRAY BEACH HIGHLANDS RICHARD L. GERWECK & $ 69.00 SEC 2, LT 7, BLK 8, LILLIAN S. GERWECK 70.00 (ADM. COST) PB 27, P 14, PUBLIC 1308 SW 22ND AVENUE 4.36 (RECORDING) RECORDS OF PALM BEACH DELRAY BEACH, FL 33445 $143.36 COUNTY, FL (1308 SW 22ND AVENUE) SOUTHRIDGE, LT 1, FERMIN GONZALEZ $ 69.00 BLK 9, PB 13, P 38, 1336 N.FEDERAL HWY #130 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33483 . 4.36 (RECORDING) PALM BEACH COUNTY, FL $143.36 (SOUTHRIDGE RD EAST OF 2420) WEST SIDE HEIGHTS, DELRAY HATTIE L. HARDWICK, EST. $ 69.00 LT 4, BLK C, PB 13, P 61, c/o G. QUAIL 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 302 BAINBRIDGE ST. #4C 4.36 (RECORDING) BEACH COUNT%~, FL BROOKLYN, NY 11233-1925 $143.36 (37 NW 10TH AVENUE) ROSEMONT VILLAS, UNIT B, ROBERT J. & $ 69.00 LT 3 & 4, PB 29, P 183, CHRISTIANA JACQUES 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 1841 NW 2ND TERRACE 4.~6 (RECORDING) BEACH COUNTY, FL POMPANO BEACH, FL 33060 $143.36 (817 SW 6TH AVENUE) - 6 - RES. NO. 14-97 TOWN OF DELRAY, LT 18, MATILDA JOHNSON $ 61.00 BLK 23, PB 10, P 69, 224 SW 6TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33444 4.36 (RECORDING) PALM BEACH COUNTY, FL $135.36 (225 SW 6TH AVENUE) RESUB OF S1/2 OF BLK 38, PEARL JOHNSON $ 25.00 & N1/2 OF BLK 39, 140 SW 4TH AVENUE 70.00 (ADM. COST) PB 11, P 34, PUBLIC DELRAY BEACH, FL 33444 4.36 (RECORDING) RECORDS OF PALM BEACH $ 99.36 COUNTY, FL (SW 3RD AVENUE) DEL IDA PARK, LT 3, IRENE T. LE PAGE, EST. $111.00 BLK 3, (DEL IDA PARK 521 N. SWINTON AVENUE 70.00 (ADM. COST) HISTORIC DIST) P.O. BOX 2556 4.36 (RECORDING) BK 9, P 52, PUBLIC DELRAY BEACH, FL 33447 $185.36 RECORDS OF PALM BEACH COUNTY, FL (521 NO. SWINTON AVENUE) TOWN OF DELRAY, W50' OF JOHNNIE MARTIN, JR. $ 77.00 E200' OF S135' OF Sl/2 215 SW 7TH AVENUE 70.00 (ADM. COST) OF BLK 22, PB 10, P 38, DELRAY BEACH, FL 33444 4.36 (RECORDING) PUBLIC RECORDS OF PALM $151.36 BEACH COUNTY, FL (515 SW 2ND STREET) TOWN OF DELRAY, S150' FRED D. MC COY $ 69.00 OF W135.5' OF BLK 26, & AMERIFIRST 70.00 (ADM. COST) PB 5, P 64, PUBLIC 17500 NW 68TH AVE #210 4.36 (RECORDING) RECORDS OF PALM HIALEAH, FL 33015-4044 $143.36 BEACH' COUNTY, FL (415 NW 2ND STREET) DELL PARK, LT 8, BLK 4, ALBERT H. MIZRAHI & $ 61.00 PB 8, P 56, PUBLIC HELAINE S. MIZRAHI 70.00 (ADM. COST) RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 4.36 (RECORDING) COUNTY, FL $135.36 (246 NE 13TH STREET) TOWN OF DELRAY, LTS 7 & WILLIE M. RICHARDSON $ 69.00 8, BLK 36, PB 5, P 38, 34 NW 3RD AVENUE 70.00 (A/DM. COST) PB 5, P 38, PUBLIC P.O. BOX 2363 4.36 (RECORDING) RECORDS OF PALM DELRAY BEACH, FL 33447 $143.36 BEACH COUNTY, FL (34 NW 3RD AVENUE) ATLANTIC GARDENS, DELRAY P & GENEVA ROBINSON & $ 51.00 LT 6, BLK 9, PB 14, P 63, E & DELORES JOHNSON, JR 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 322 NW 3RD STREET 4.36 (RECORDING) BEACH COUNTY, FL BOYNTON BEACH, FL 33435 $125 . 36 (SW llTH AVENUE) - 7 - RES. NO. 14-97 OSCEOLA PARK, LT 19, WAYNE E. & ALETF_A ROSEKE $ 61.00 BLK 6, PB 3, P 2, RR 10 BOX 200B 70.00 (ADM. COST) PUBLIC RECORDS OF PALM LAKE CITY, FL 30202-8821 4.36 (RECORDING) BEACH COUNTY, FL $135.36 (SE 6TH STREET) CARVER SQUARE, LTS 12 RPI MANAGEMENT CORP. $ 77.00 TO 14, INC & LT 16 1300 BAXTER ST. #215 70.00 (ADM. COST) PB 24, P 11, PUBLIC CHARLOTTE, NC. 28204-3053 4.36 (RECORDING) RECORDS OF PALM BEACH $151.36 COUNTY, FL (SW 2ND COURT) RIDGEWOOD HEIGHTS, RPI MANAGEMENT CORP. $ 61.00 DELRAY, LT 23, BLK C, 4001 NO.OCEAN BLVD.#1604 70.00 (ADM. COST) PB 14, P 44, PUBLIC BOCA RATON, FL 33431 4.36 (RECORDIN. G) RECORDS OF PALM BEACH $135.36 COUNTY, FL (1106 SW 7TH AVENUE) TOWN OF DELRAY, S5' OF SYLVIA SCHUPLER, TR $ 61.00 LOT 1 & N71.5' OF LT 2, 3101 WASHINGTON ROAD 70.00 (ADM. COST) BLK 30, PB 1, P 3, WEST PALM BEACH, FL 33405 4.36 (RECORDING) PUBLIC RECORDS OF PALM $135.36 BEACH COUNTY, FL (109 SW 5T~ AVENUE) FAIRCREST HEIGHTS AMND YOLLY P. VERZOSA $ 53.00 PLAT, LT 53, PB 42, 1090 AMSTERDAM AVE.# 7K 70.00 (ADM. COST) P 68, PUBLIC RECORDS OF NEW YORK, NY 10025-8103 4.36 (RECORDING) PALM BEACH COUNTY, FL $127.36 (2147 SW 36TH TERRACE) TOURIST NOOK, DELRAY, ORA WALLACE, EST. $ 69.00 LT 6, BLK A, PB 11, & ELOISE ~UNTER 70.00 (ADM. COST) P 47, PUBLIC RECORDS 121 NW llTH AVENUE 4.36 (RECORDING) OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 $143.36 (239 NW 10TH AVENUE) RESUB OF S1/2 OF BLK 39, SHIRLEY T. WILLIAMS & $ 61.00 DELRAY, LT 13, BLK 39, O.B. THOMAS 70.00 (ADM. COST) PB 11, P 34, 816 SW 3RD COURT 4.36 (RECORDING) PUBLIC RECORDS OF DELRAY BEACH, FL 33447 $185.36 PALM BEACH COUNTY, FL (222 SW 3RD AVENUE) ATLANTIC GARDENS, DELRAY E. WILSON & HENRY WILSON $ 51.00 LT 23, BLK 6, PB 14, P.O. BOX 1676 70.00 (ADM. COST) P 63, PUBLIC RECORDS DELRAY BEACH, FL 33447 .. 4.36 (RECORDING) OF PALM BEACH COUNTY, FL $125.36 (142 SW llTH AVENUE) - 8 - RES. NO. 14-97 ATLANTIC GARDENS, DELRAY WILLIE P. WILSON $ 51.00 LT 22, BLK 6, PB 14, P 63, P. O. BOX 1676 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33447 4.36 (RECORDING) BEACH COUNTY, FL $125.36 (SW llTH AVENUE) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE - 9 - RES. NO. 14-97