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Res 22-97 RESOLUTION NO. 22-97 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 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, TMEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACM, 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 mai'l 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 March~ 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. 22-97 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 pa~ent 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 ~OPTED in regular session on this ~the 18th day of ~rch , 1997. ATTEST: - 3 - 'Res. No. 22-97 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, LT 3, ROBERT G. ALLEN & $ 61.00 BLK 47, PB 1, P 3, PATRICIA ALLEN 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 2.61 (RECORDING) BEACH COUNTY, FL $ 133.61 (206 SW 2ND AVENUE) PRIESTS ADD TO ATLANTIC WILLIE BALAM $ 35.00 PARK GARDENS, PB 23, 150 SW 14TH AVENUE 70.00 (ADM. COST) P 70, PUBLIC RECORDS DELRAY BEACH, FL 33444 2.61 (RECORDING) OF PALM BEACH COUNTY, FL $ 107.61 (148150 SW 14TH AVENUE) TOWN OF DELRAY, LT 23, GRACE BARNETT $ 61.00 BLK 23, PB 10, P 69, 1401 39TH STREET 70.00 (ADM. COST) PUBLIC RECORDS OF PALM WEST PALM BEACH, FL 33407 2.61 (RECORDING) BEACH COUNTY, FL $ 133.61 (509 SW 3RD STREET) DELRAY MANOR ADD TO ALPHONS J. & FERN BONET $ 57.00 TO DELRAY, LTS 45 & 46, 413 SW 10TH STREET 70.00 (ADM. COST) PB 12, P 59, PUBLIC DELRAY BEACH, FL 33444 2.61 (RECORDING) RECORDS OF PALM BEACH $ 129.61 COUNTY, FL (SW 9TH COURT) SUB OF N 1/2 OF SE 1/4 JAMES & HATTIE BROWN $ 85.00 OF SE 1/4 OF SW 1/4, 802 SW 3RD STREET 70.00 (ADM. COST) UNREC LT 1, PB 1, P 3, DELRAY BEACH, FL 33444 2.61 (RECORDING) PUBLIC RECORDS OF PALM $ 157.61 BEACH COUNTY, FL (802 SW 3RD STREET) TOURIST NOOK DELRAY, RUSSELL E. BROWN $ 53.00 LOT 21, BLK B, PB 11, c/o JUNE DIMON 70.00 (ADM. COST) P 47, PUBLIC RECORDS OF 9720 WILLOW ROAD 2,61 (RECORDING) PALM BEACH COUNTY, FL WILLIS, MI 48191-9727 $ 125.61 (NW 8TH AVENUE) PRIESTS ADD TO ATLANTIC VIRGINIA BRYANT $ 30.00 PARK GARDENS, LT 1, 203 SW 14TH AVENUE 70.00 (ADM. COST) BLK 4, PB 23, P 70, DELRAY BEACH, FL 33444 2.61 (RECORDING) PUBLIC RECORDS OF PALM $ 102.61 BEACH COUNTY, FL (203 SW 14TH AVENUE) - 4 - RES. NO. 22-97 ROSEMONT GARDENS, UNIT A, ALBERTO F. BUSBY & $ 35.00 LT 14, BLK 1, PB 29, GWENDOLYN J. BUSBY 70.00 (ADM. COST) P 118, PUBLIC RECORDS PO BOX 594 2.61 (RECORDING) OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33425 $ 107.61 (332 SW 8TH AVENUE) MONROE SUB, LT 23, DOROTHY J. BUTLER & $ 35.00 BLK 12, PB 14, P 67, PAUL JONES, JR. 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 1117 SW 8TH STREET 2.61 (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 $ 107.61 (620 NW 1ST STREET) TOWN OF DELRAY, S 67.1' JULES A. CADET $ 60.00 OF N 142.1' OF W 130.44' 128 NE 54TH STREET 70.00 (ADM. COST) OF E 155.44' OF E 1/2 MIAMI, FL 33137-2416 2.61 (RECORDING) OF S 1/2 OF BLK 4, PB 1, $ 137.61 P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (14 NW 7TH AVENUE) POINCIANA HEIGHTS OF CARTERET SAVINGS BANK $ 61.00 DELRAY BEACH, LT 24, C/O SPEAR & HOFFMAN 70.00 (ADM. COST) PB 26, P 245, PUBLIC 700 S. DIXIE HWY #2 FLOOR 2.61 (RECORDING) RECORDS OF PALM BEACH CORAL GABLES, FL 33146 $ 133.61 COUNTY, FL (332 NW llTH AVENTJE) PRIESTS ADD TO ATLANTIC CHARLES D. CLINTON & $ 25.00 PARK GARDENS, LT 19, CARRIE M. CLINTON 70.00 (ADM. COST) BLK 2, PB 23, P 70, 132 SW 14TH AVENUE 2.61 (RECORDING) PUBLIC RECORDS OF DELRAY BEACH, FL 33444 $ 97.61 PALM BEACH COUNTY, FL (SO. OF 132 SW 14TH AVE VACANT LOT) PT OF SUB OF BLK 64 JESSIE C. GARZA & $ 56.00 DELRAY BEACH, LT 13, JUANITA L. GARZA 70.00 (ADM. COST) PB 20, P 39, PUBLIC 333 SW 1ST AVENUE 2.61 (RECORDING) RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 $ 128.61 COUNTY, FL (333 SW 1ST AVENUE) SUB OF SEC 20-46-43, GLENN R. HAGGERTY & $ 77.00 S 79.82' OF N 247.82' PATRICIA B. HAGGERTY, TRS 70.00 (ADM. COST) OF E 1/2 OF W 1/2 OF 862 SW 21ST LANE 2.61 (RECORDING) LT 30, LYG EAST OF BOCA RATON, FL 33486 $ 149.61 GERMANTOWN RD (LESS E 30' OF SW 10TH AVE IN PB 72, P 142), PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1113 WALLACE DRIVE) - 5 - RES. N0. 22-97 ESQUIRE SUB, E 200' GLENN R. HAGGERTY $ 69.00 OF LT 16, PB 23, P 43, 862 SW 21ST LANE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM BOCA RATON, FL 33486 2.61 (RECORDING) BEACH COUNTY, FL $ 141.61 (1036 SW 9TH AVENUE) SOUTHRIDGE, LT 22, VALERIE C. HAMMO~ $ 61.00 BLK 1, PB 13, P 38, 11610 CEDER CREEK RD. 70.00 (ADM. COST) PUBLIC RECORDS OF PALM LOUISVILLE, KY 40229-3703 2.61 (RECORDING) BEACH COUNTY, FL $ 133.61 (REIGLE AVENUE) TOWN OF DELRAY, S 37.5' RUBY L. HARRIS $ 61.00 OF N 75' OF W 130.44' c/o P.C. WELLS 70.00 (ADM. COST) OF E 155.44' OF E 1/2 7012 SUNNYSIDE LANE 2.61 (RECORDING) OF S 1/2, BLK 4, PB 1, FT. WASHINGTON, MD $ 133.61 P 3, PUBLIC RECORDS OF 20744-4325 PALM BEACH COUNTY, FL (NW 7TH AVENUE) WILLIAMS SUB, LT 2, ARNETTA HAYWOOD $ 25.00 PB 24, P 239, PUBLIC 325 ROOSEVELT AVE. 70.00 (ADM. COST) RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 2.61 (RECORDING) COUNTY, FL $ 97.61 (236 SW 15TH AVENUE) WILLIAMS SUB, LT 4, ARNETTA HAYWOOD $ 24.00 PB 24, P 180, PUBLIC 325 ROOSEVELT AVE. 70.00 (ADM. COST) RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 2.61 (RECORDING) COUNTY, FL $ 96.61 (228 SW 15TH AVENUE) TOWN OF DELRAY, S 73.5' EMMALINE HEASTIE $ 23.00 OF LT 11 & LT 12 OF 120 SW 3RD AVENUE 70.00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS DELRAY BEACH, FL 33444 2.61 (RECORDING) OF PALM BEACH COUNTY, FL $ 95.61 (120 SW 3RD AVENUE) TOURIST NOOK DELRAY, FRANCO JEAN $ 48.00 LTS 29, BLK A, PB 11, PO BOX 2514 70.00 (ADM. COST) P 47, PUBLIC RECORDS DELRAY BEACH, FL 33444 2.61 (RECORDING) OF PALM BEACH COUNTY, FL $ 120.61 (248 NW 9TH AVENUE) TOWN OF DELRAY, N 50' ADELENE JENKINS $ 61.00 OF S 356.4' OF E 135' 336 SW 5TH AVENUE 70.00 (ADM. COST) OF BLK 24, PB 1, P 3, DELRAY BEACH, FL 33444 2.61 (RECORDING) PUBLIC RECORDS OF $ 133.61 PALM BEACH COUNTY, FL (322 SW 5TH AVENUE) - 6 - RES. NO. 22-97 ATLANTIC PARK GARDENS LENNARD & MEARLENE JOSEY $ 25.00 DELRAY, LT 19, BLK 4, 505 SUNSET ROAD 70.00 (ADM. COST) PB 14, P 56, PUBLIC BOYNTON BEACH, FL 33435 2.61 (RECORDING) RECORDS OF PALM BEACH $ 97.61 COUNTY, FL (226 & 228 SW 12TH AVE) DELRAY BEACH HIGHLANDS ROGER J. KANE $ 45.00 SEC 2, LT 8, BLK 5, 2132 SW 13TH STREET 70.00 (ADM. COST) PB 27, P 14, PUBLIC DELRAY BEACH, FL 33444 2.61 (RECORDING) RECORDS OF PALM BEACH $ 117.61 COUNTY, FL (2132 SW 13TH STREET) TOWN OF DELRAY, N 50' OF ALAN KLASFELD, TR $ 77.00 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 2.61 (RECORDING) PALM BEACH COUNTY, FL $ 149.61 (516 NW lST STREET) DELRAY SHORES, LT 12, MILDRED V. KURTZ & $ 15.00 BLK 2, PB 24, P 233, HENRY A. KURTZ 70.00 (ADM. COST) PUBLIC RECORDS OF c/o SAMUEL KURTZ 2.61 (RECORDING) PALM BEACH COUNTY, FL 622 DAVIS ROAD $ 87.61 (622 DAVIS ROAD) DELRAY BEACH, FL 33444 DELRAY MANOR ADD TO LOUIS V. LAJEUNE & $ 15.00 DELRAY, LT 18, PB 12, WALKY DELVA 70.00 (ADM. COST) PB 12, P 59, PUBLIC 501 SW 10TH STREET 2.61 (RECORDING) RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 $ 87.61 COUNTY, FL (501 SW 10TH STREET) TOWN OF DELRAY, N 58' IVERSON LASTER $ 61.00 OF S 312.12' OF E 135' PO BOX 1225 70.00 (ADM. COST) BLK 10, PB 11, P 3, BOYNTON BEACH, FL 33425 2.61 (RECORDING) PUBLIC RECORDS OF $ 133.61 PALM BEACH COUNTY, FL (NW 6TH AVENUE) SOUTHWERK AT THE TABARD LUZER ELECTRIC, INC. $ 250.00 PLAT, LT 2, OLD SCHOOL 3371 NW 154TH TERRACE 70.00 (ADM. COST) SQUARE HISTORIC DISTRICT MIAMI, FL 33054-2465 2.61 (RECORDING) PB 10, P 47, PUBLIC $ 322.61 RECORDS OF PALM BEACH COUNTY, FL (15 NW 2ND STREET) DEL IDA PARK, N ELY 10' ROGER MILLS $ 25.00 OF LT 16 & LT 17, BLK 5 518 NE 2ND AVENUE 70.00 (ADM. COST) (DEL IDA PARK HISTORIC DELRAY BEACH, FL 33444 2.61 (RECORDING) DISTRICT) , PB 9, P 52, $ 97.61 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (518 NE 2ND AVENUE) - 7 - RES. NO. 22-97 TOWN OF DELRAY, LTS 14 & AMERICAN LEGION %65 $ 50.00 15, LESS E 5' SR R/W, c/o MILTON MYERS 70.00 (ADM. COST) BLK 106, PB 1, P 3, PO BOX 1365 2.61 (RECORDING) PUBLIC RECORDS OF 263 NE 5TH AVENUE $ 122.61 PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 (NE 6TH AVENUE) TOWN OF DELRAY, LT 25, WILLIAM PLUMMER, ET AL $ 77.00 PB 10, P 69, PUBLIC 329 LINCOLN LANE 70.00 (ADM. COST) RECORDS OF PALM BEACh4 DELRAY BEACH, FL 33444 2.61 (RECORDING) COUNTYY, FL $ 149.61 (SW 6T}{ AVENUE) TOWN OF DELRAY, N 40' WILLIAM PLUMMER, ET AL $ 61.00 OF S 190' OF W 135' OF 329 LINCOLN LANE 70.00 (ADM. COST) BLK 21, PB 1, P 3, DELRAY BEACH, FL 33444 2.61 (RECORDING) PUBLIC RECORDS OF PALM $ 133.61 BEACH COUNTY, FL (33 SW 6TH AVENUE) TOWN OF DELRAY, W 55' MARIE QUINCE $ 61.00 OF LTS 11 & 12, BLK 23 506 SW 14TH AVENUE 70.00 (ADM. COST) PB 10, P 69, PUBLIC DELRAY BEACH, FL 33444 2.61 (RECORDING) RECORDS OF PALM BEACH $ 133.61 COUNTY, FL (SW 3RD STREET) TOWN OF DELRAY S 40' DELORES RIGGINS $ 61.00 OF N 256' OF E 135' 6395 SEMINOLE CIRCLE 70.00 (ADM. COST OF BLK 31, PB 1, P 3, LANTANA, FL 33462-2295 2.61 (RECORDING) PUBLIC RECORDS OF $ 133.61 PALM BEACH COUNTY, FL (220 SW 4TH AVENUE) TOURIST NOOK DELRAY, DELVERNA C. RILEY $ 61.00 BLK B, PB 11, P 47, 706 PLACE TAVANT 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33445 2.61 (RECORDING) PALM BEACH COUNTY, FL $ 133.61 (NW 8TH AVENUE) TOWN OF DELRAY, N 37' 5 ERVIN ROBERTS $ 69.00 OF W 130.44' OF E 155.44' 935 39TH COURT 70.00 (ADM. COST) OF E 1/2 OF S 1/2, WEST PALM BEACH, FL 33407 2.61 (RECORDING) BLK 4, PB 1, P 3, $ 141.61 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 7TH AVENUE) ATLANTIC GARDENS DELRAY, P. & GENEVA ROBINSON & $ 35.00 LT 6, BLK 9, PB 14, P 63, E. & DELROIS JOHNSON, JR. 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 322 NW 3RD STREET 2.61 (RECORDING) BEACH COUNTY, FL BOYNTON BEACH, FL 33445 $ 107.61 (SW llT}{ AVENUE) - 8 - RES. NO. 22-97 TOWN OF DELRAY, S 50' RPI MANAGEMENT, INC. $ 77.00 OF N 250' OF E 135' OF PO BOX 110637 70.00 (ADM. COST) BLK 13, PB 1, P 3, MIAMI, FL 33111-0637 2.61 (RECORDING) PUBLIC RECORDS OF $ 149.61 PALM BEACH COUNTY, FL (20 SW 6TH AVENUE) RESUB OF BLK 29, CHARLIE TERRY $ 69.00 DELRAY BEACH, LTS 28 & 39 SW 9TH AVENUE #3 70.00 (ADM. COST) 29, PB 9, P 66, PUBLIC DELRAY BEACH, FL 33444 2.61 (RECORDING) RECORDS OF PALM BEACH $ 141.61 COUNTY, FL (95 SW 5TH AVENUE) ROSEMONT PARK DELRAY, LOUISE WALLS $ 25.00 LT 24, BLK 2, PB 13, 702 SW 4TH AVENUE 70.00 (ADM. COST) P 60, PUBLIC RECORDS DELRAY BECH, FL 33444 2.61 (RECORDING) OF PALM BEACH COUNTY, FL $ 97.61 (702 SW 4TH AVENUE) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. - 9 - RES.NO. 22-97