Res 46-97 RESOLUTION NO. 46-97
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 NUISA~CES 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 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 17th day of June, 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 saJ.d assessment(s), after which a lien shall be
placed on said property(s), and interest shall acc~e at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessa~, 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) dav~ 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.
P~SED AND ~OPTED in regular session on this the 17th day
ATTEST:
City Cler~ ~
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE QF ORDINANCES
PROPERTY D~SCRIPTION OWNER ASSESSMENT
SOUTHRID~, LTS 10 & 15, BENNETT, JAMES P. $ 150.00
BLK 7, PB 13, P 38, 11407 FLINT LANE 70.00 (ADM.COST)
PUBLIC RECORDS, BOKEELIA, FL 33922-3011
PALM BEACH COUNTY, FL
{615 SOURCE ROAD)
RIDGEWOOD ~EI~HTS DELRAY, GABALDON, VALENTINE & $ 61,00
LTS I & 2 /LESS N 15 FT FRANCES GABALDON 70.00 (ADM.COST)
RD R/W, BLK B, PB 14, 321 DATURA STREET
P 44, PUBL/C RECORDS, WEST PALM BEACH, FL 33401
PALM BEACH COUNTY, FL
(702 SW lOTH STREET)
RESUB OF BLK 29, TERRY, CHARLIE $ 35.00
DELRAY BCH, LTS 28 & 29, 39 SW 9TH AVE. % 3 70.00 (ADM.COST)
BLK 29, PB 9, P 66 DELRAY BEACH, FL 33444
PUBLIC REOORDS,
PALM BEACH COUNTY, FL
(95 SW 5TH AVENUE)
JEFFERSON ~ANOR, WILLIAMS, JANIE M. & $ 25.00
LT 2, PB 24, P 150, MILDRED V. TOWNSEND 70.00 (ADM.COST)
PUBLIC RECORDS, 305 ROOSEVELT AVENUE
PA3.~ BEACH COUNTY, FL DELRAY BEACH, FL 33444
(305 ROOSE~'ELT AVE. )
TOWN OF DELRAY, S 50 FT CLECKLEY, ELEASE H. $ 45.00
OF N 285 PT OF W 135 FT 1208 NW 2ND STREET 70.00 (ADM.COST)
OF BLK 13, PB 1, P 3, DELRAY BEACH, FL 33444
PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(21 SW 7TH AVENUE)
TOWN OF DELRAY, S 1/2 BURNS, ROBERT L. $ 65.00
(LESS N 150 FT, W 135.6 2578 LAKE IDA ROAD 70.00 (ADM.COST)
FT & S 106.1 FT), DELRAY BEACH, F 33445
BLK 39, PB !, P 3,
PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(SW 3RD AV]~VJE)
ATLANTIC C~%RDENS DELRAY, GERALD, WILLIE & $ 15.00
LT 15, BLK 5, PB 14, DOROTHY GERALD 70.00 (ADM.COST)
P 63, PUBLIC RECORDS, 402 SW 9TH STREET
PALM BEACH COU1TrY, FL DELRAY BEACH, FL 33444
(SW 12TH A~NUE)
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TOWN OF D~LRAY, LTS 32 GIBSON, VERA F. $ 50.00.
& 33, BLK 15, PB 1, P.O. BOX 066 70.00 (~DM.COST)
P 3, PUBLIC RECORDS, INKSTER, MI 48141
PALM BEACH COUNTY, FL
(SW 6THAVENUE)
TOWN OF DELRAY, LTS 8 G~RDON, ALFREDA $ 75.00
& 9, BLK 15, PB 1, P 3, 1824 NW 68TH STREET 70.00 (ADM.COST)
PUBLIC RECORDS, MIAMI, FL 33147-7458
PALM BEACH COUNTY, FL
(SW 7THAVENUE)
ROSEMONT PARK DELRAY, JOHNSON, PASTORIA $ 35.00
LTS 6 & ?, BLK 5, 625 SW 7TH AVENUE 70.00 (ADM.COST)
PB 13, P 60, DELRAY BEACH, FL 33444
PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(625 SW ?TH AVENUE)
DELRAY SHORES, LT 28, LAFAILLE, PIERRE F. & $ 10.00
BLK 3, PB 24, P 233, JEAN P. METELUS 70.00 (ADM.COST)
PUBLIC RECORDS, 505 DOLPHIN DRIVE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(505 DOLPHIN DRIVE)
REPLAT DELRAY BEACH REEVES, HERBERT R. $ 85.00
HEIGHTS EXT, SECTIONS 7315 PINE TREE LANE 70.00 (ADM.COST)
A & B, LOT 1, BLK 3, WEST PALM BEACH, FL 33406
PB 26, P 83,
PUBLIC RECORDS,
£ALM BEACH COUNTY, FL
(765 SW 15TH AVENUE)
PINECREST SUB., DELRAY, SETH, AARON JR., $ 35.00
LT 1, BLK 2, PB 14, P 46, 1020 NW 2ND STREET 70.00 (ADM.COST)
PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(1020 NW 2ND STREET)
DELRAY SHORES, LT 15, SMITH, TONYA $ 35.00
BLK 3, PB 24, P 233, 646 ANGLER DRIVE 70.00 (ADM.COST)
PUBLIC RECORDS, DELRAY BEACH, FL 33445
PALM BEACH COUNTY, FL
(646 ANGLER DRIVE)
FAIRLAWN, LT 4, BLK 2, STROCK, ARTHUR V. $ 15.00
PB 25, P 159, 829 SE 9TH ST. ~ 201 70.00 (;%DM.COST)
PUBLIC RECORDS, DEERFIELD BEACH, FL 33444
PALM BEACH COUNTY, FL
(1220 NW 2ND STREET)
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ROSEMONT PARK DELRAY, WALKER, LUCRETIA $ 15.00
LT 1, BLK 7, PB 13, 601 SW 8TH AVENUE 70.00 (ADM.COST)
P 60, PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(601 SW 8T~4 AVENUE)
CARVER SQUARE, LTS 2 & WRIGHT, WILLIE L. & ERMA $ 35.00
3, PB 24, P 11, 106 NW 12T}{ AVENTJE 70.00 (ADM.COST)
PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(706-710 SW 2ND STREET)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE
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