Res 33-97 RESOLUTION NO. 33-97
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, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TME
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 15th day of April, 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. 33-97
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 15th day
of April , 1997. J~--~'~f ~ _l // , _
ATTEST:
Ci~[9 Clerg r
- 3 - Res. No. 33-97
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER CUST. I.D. ASSESSMENT
TOWN OF DELRAYW 3~OF E 135'OF N 100'& BAINE, ETHEL 191 $ 51.00
S 50' OF N 100' OF E 3~5' OF W 135.5" OF BLK 31 %GH BAINE (ADM. COST) $ 70.00
BOOK 1, PAGE 3 545 NW 5TH ST (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY BOYNTON BEACH, FL 33435
(410 SW 2ND ST)
(INVOICE 19074)
PRIESTS ADD TO AllANTiC PARK GARDENS BALAM, WILLIE e6240 $ 25.00
LT 24 BLK 2 150 SW 14TH AVE (ADM. COST) $ 70.00
BOOK 23, PAGE 70 DELRAY BEACH, FL 334441546 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(148150 SW 14TH AVE)
(INVOICE 19057)
PRIESTS ADD TO ATLANTIC PARK GARDENS BALLARD, KEVIN & /6519 $ 35.00
LT 22 BLK 2 HENRY HANKERSON (ADM. COST) $ 7O.00
BOOK 23, PAGE 7O 142 SW 14TH AVE (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334441546
(140 & 142 SW 14TH AVE)
(INVOICE e8882)
SOUTHRIDGE LTS 10 & 15 BLK 7 BENNETT, JAMES P. #4635 $ 61.00
BOOK 13, PAGE 38 114O7 FLINT LN (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY BOKEEUA, FL 389223011 (RECORDING) $
(615 SOUTHRIDGE RD)
{INVOICE ~3874)
SUB OF N t/2 OF SE 1/4OF SE 114 OF SW 114 BROWN, JAMES & HATTIE 1280 $ 25.00
UNREC/LOT 1 802 SW 3RD ST (ADM. COST) $ 70~00
BOOK 1, PAGE 3 DELI=AY BEACH, FL 334441402 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(~02 SW 3RD ST)
(INVOICE e9047)
DIGC.-.-.-.-.-.-.-.-.-~NS C H SUB/BLK 55 TOWN OF CAN'rAVE, HERVE J. & MARIE M. #6573 $ 25,00
UNTON LTS 14 & 15 10~50 FOX GLEN DR. (ADM. COST) $ 70,00
BOOK 8, PAGE 58 BOCA RATON, FL 334284019 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(117 SW 3RD ST)
(INVOICE l~075)
SUB OF 17-46-43 TH PT OF ELY 77.41' OF N 100' COMMUNITY LAND CORP ET AL #171 $ ~0.00
OF S 125' OF W 1/4' OF LT 5 LYG ELY OF I 95 R/W PO BOX 5(X)01 (ADM. COST) $ 70.00
BOOK 1, PAGE 3 UGHTHOUSE POINT, FL 330740001 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(SW 15TH AVE)
(INVOICE 19043)
.- - 4 - [ES. NO. 33-97
PROPERTY DESCRIPTION OWNER CUST. I.D. ASSESSMENT
, SUB SEC :~46-43 PT OF SLY 94.46' OF N 418.46' CORONA, LUPE a~:x554 $ 35.00
OF E 1/2 OF W 1/2 OF LT 20 IN OR1428P22 1127 WALLACE DR (ADM. COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 33~-~ 1209 (RECORDING) $
(1127 WALLACE DR)
(INVOICE ~9062)
SUNSET PARK DELRAY LT 54 & 55 CRUZ, TOMASA R. #g96 $ 61.00
BOOK 1, PAGE 3 409 NW 7TH CT (ADM. COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY BOYNTON BEACH, FL 334263622 (RECORDING) $
(MANGO DR)
(INVOICE ~8872)
17~16~13, S 50' OF N 195" OF E 147" OF FARLAND, ROY A & GERALDINE E. a~467 $ 35.00
E 147" OF E 1/2 OF LT9 728 AVE CHAUMONT (ADM COST) $ 70.00
BOOK 1, PAGE 3 DELRAY BEACH, FL 33445 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(SW 8TH AVE)
(INVOICE
20-46-43, E 390.O5' OF N 244' OF E ~4 OF FIRST HAITIAN NAZARENE CH INC. ~ $ 77.00
LT 11 LESS E 33' RD R/W 710 S SWlNTON AVE (ADM COST) $ 70.00
BOOK 1, PAGE 3 DELRAY BEACH, FL 334442338 (RECORDING)
PUBLIC RECORDS OF PALM BEACH COUNTY
(710 & 714 SW SWlNTON AVE)
(INVOICE ~:)63)
ATLANTIC GARDENS DEl_RAY LT 3 BLK 7 GARNER, JAMES JR. ~ $ 35.00
BOOK 14, PAGE 63 4000 NE 4TH AVE (ADM. COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY POMPANO BEACH, FL 33064 (RECORDING) $
(SOUTH OF 132 SW 14 AVE VAC LT)
(INVOICE ~:)60)
TOWN OF DELRAY $ 50' OF N 300' OF E 135' GERMAN, FRANCES L & #482 $ 51.00
OF BLK 13 WALTER WADE (ADM. COST) $ 70.00
BOOK 1, PAGE 3 2915 BOB WHITE DR. SW (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY ATLATNA, GA 303113104
(24 SW 6TH AVE)
(INVOICE a~050)
TOWN OF DELRAY LTS 3 & 4 LESS N 20' BLK 61 ~eoples t4tp~ · Co. #6520 $ 45,00
OLD SCHOOL SQ HISTORIC DIST c/o Da~m ~[, Ooodw~[n (ADM. COST) $ 70.00
BOOK 1, PAGE 3 11862 NW 24TH ST. (RECORDING) $
PUBLIC RECORDS OF PALM BEACH COUNTY CORAL SPRINGS, FL 330653302
(46 & MORE W ATLANTIC AVE)
(INVOICE ~8883)
TOWN OF DELRAY LTS 8 & 9 BLK 15 GORDON, ALFREDA ~475 $ 35.00
BOOK 1, PAGE 3 1824 NW 68TH ST (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY MIAMI, FL 33147 (RECORDING)
(SW 7TH AVE)
(INVOICE
PT OF SUB OF BLK 54, DELRAY BEACH LT 18 HORACE, LOUIS G. ~6517 $ 35.00
BOOK 20, PAGE 39 313 SW 1ST AVE (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL
(313 SW 1ST AVE)
(INVOICE #8880)
Page~5 [Es. NO. 33-97
PROPERTY DESCRIPTION ~ OWNER CUST. I.D. ASSESSMENT
f
BELLEHAVEN UNIT BLT 17 JOHNSON, DELLA #216 $ 25.00
BOOK 27, PAGE 27 PO BOX 1165 (ADM. COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334471165 (RECORDING)
(338 SW 10TH AVE)
(INVOICE ~346)
PRIESTS ADD TO ATLATNIC PARK GARDENS JONES, PERCIVAL L. #139 $ 15.00
LT 15 BLK 2 325 NW 5TH AVE (ADM. COST) $ 70.00
BOOK 23, PAGE 70 DELRAY BEACH, FL 334442740 (RECORDING)
PUBMC RECORDS OF PALM BEACH COUNTY
(110 SW 14TH AVE)
(INVOICE t9041)
ATLANTIC PARK GARDENS DELRAY LT 19 BLK 4 JOSEY, LENNARD & MEARLENE 16223 $ 25.00
BOOK 14, PAGE 56 505 SUNSET RD (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY BOYNTON BEACH, FL 334357928 (RECORDING) $
(226 & 228 SW 12TH AVE)
(INVOICE 19056)
DELRAY MANOR ADD TO DELRAY LT 85 & LEGENORD, NICHOLAS & MARIE #5753 $ 35.00
W 10' OF LT 86 903 SW 6TH AVE (ADM. COST) $ 70.00
BOOK 12, PAGE 59 DELRAY BEACH, FL 334442371 (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY
(903 SW 6TH AVE)
(INVOICE #g054)
SOUTHRIDGE LOTS 21, 22 & 23 INC.BLK 10 LOPEZ, SAMUEL N & UDIA ~6516 $ 61.00
BOOK 13, PAGE 38 32 NW 24TH AVE (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 33445,3404 (RECORDING) $
(ZEDER AVE)
(INVOICE
TOWN OF DELRAY ETS 22 TO 26 INC BEE 15 MC FORD, ALVAN E. #192 $ 69.00
BOOK 1, PAGE 3 17831 NW 47TH AVE {ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY CAROL CITY, FL 330553255 (RECORDING) $
(SW 7TH AVE)
(INVOICE · ~19044)
GOLF PARK LT 6 BLK 2 MEUVAIS, GINA ~6574 $ 45.00
BOOK 28, PAGE 141 222 S SWINTON AVE (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 33¥.~. (RECORDING) $
(~32 sw 20TH CT)
(INVOICE ~19076)
TOWN OF DELRAY LTS 14 & 15 LESS E 5' MILTON, MYERS 16575 $ 50.00
SE R/W BLK 106 AMERICAN LEGION POST#65 (ADM. COST) $ 70.00
BOOK 1, PAGE 3 PO BOX 1365 263 NE 5TH AVE (RECORDING) $
PUBUC RECORDS OF PALM BEACH COUNTY DE[RAY BEACH, FL 334471365
(NE 6TH AVE)
(INVOICE #8847)
RIDGEWOOD HTS., DELRAY S 15' OF LT 3 PERALES, DANIEL EST #72 $ 35.00
& N 35' OF LT 4 BLK D 1109 SW 7TH AVE (ADM. COST) $ 70.00
BOOK 14, PAGE 44 DELRAY BEACH, FL 33~2250 (RECORDING)
PUBMC RECORDS OF PALM BEACH COUNTY
(1109 SW 7TH AVE)
(INVOICE ~O38)
Page 6 ~ES. gO. 33-97
.I=ROPERq~' DESCRIPTION OWNER CUST. I.D. ASSESSMENT
SUNSET PARK DELRAY LT 51 RAMOS ENRIQUE C & AMPARO #524 $ 51.00
BOOK 12, PAGE 65 1015 SW 2ND AVE (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL :~?.2268 (RECORDING) $
(1015 MANGO DR)
(INVOICE 18873)
CARVER SQ LTS 12 TO 14 INC & ET 16 RPI MGMNT CORP & HAMPTON RE #541 $ 85.00
BOOK 24, PAGE 11 PJA JOHN C. HALL (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY 21 SE 1ST AVE STE ~lq)O0 (RECORDING) $
(SW 2ND CT) MIAMI, FL :~3111
(INVOICE ~9051)
TOWN OF DELRAY LTS 6 & 7 BLK 15 SIMMONS, LUCIUS #148 $ 80.00
BOOK 1, PAGE 3 ~630 W BELTUNE BLVD (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY COLUMBIA, SC 292037024 (RECORDING) $
(SW TTH AVE)
(INVOICE
BELLEVIEW MANOR E 1Z OF LT 4 & LT 5 BLK 4 STUBBS, DARRELL J. #6518 $ ~5.00
BOOK 24, PAGE 54 202 SW 8TH CT. (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 33¥?. (RECORDING) $
(202 SW 8TH CT)
(INVOICE ~8881)
UNCOLN PARK, DELRAY LT 5 STUBBS, VIRGIL ~4146 $ 50.00
BOOK 23, PAGE 160 326 SW 5TH AVE (ADM. COST) $ 70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL :334442406 (RECORDING) $
(SW 10TH AVE)
(INVOICE ~9052)
TOWN OF DELRAY N 107" OF E 135' OF BLK 1 WILSON, THOMAS ~350 $ 45.00
BOOK 1, PAGE 3 546 NW 7TH AVE (ADM. COST) $ 70.00
PUBLIC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334442749 (RECORDING) $
(346 NW 7TH AVE)
(INVOICE #9048)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
Page,7 RES, NO, 33-97