Res 53-97 RESOLUTION NO. 53-97
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 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 15th day of July, 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
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) 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.
P~SED AND ~OPTED in regular session on this the 15th day
ATTEST:
Cfty'~e~
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COST OF ABATING NUISANCES 7JNDER CHAPTER 100
OF THE CODE QF ORDINANCES
PROPERTY DESCRIPTION QWNER ~SSESSMENT
MONROE SUB, LT 23, DOROTHY J. BUTLER & $ 35.00
BLK 12, PB 14, P 67, PAUL JONES, JR. 70.00 (ADM. COST)
PUBLIC R~CORDS, 1117 S.W. 8TH STREET
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(620 NW 1ST COURT)
MONROE SUB, LT 26, SHEDRICK FASHAW & $ 25.00
BLK 12, PB 14, P 67, SAMMIE TAYLOR 70.00 (ADM. COST)
PUBLIC RECORDS, 221 N. COUNTRY CLUB BLVD.
PALM BEACH COUNTY, FL BOCA RATON, FL 33487
(NW 7TH AVENUE)
PRIESTS ADD TO ATLANTIC VIRGINIA BRYANT $ 35.00
PARK GARDENS, LT 1, 203 SW 14TH AVENUE 70.00 (ADM. COST)
BLK 4, PB 23, P 70, DELRAY BEACH, FL 33444
PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(203 SW 14TH AVENUE)
TOWN OF DELRAY, S 67.1 FT JULES A. CADET $ 70.00
OF N 142.1 FT OF W 130.44 128 NE 54TH STREET 70.00 (ADM. COST)
FT OF E 155.44 FT OF MIAMI, FL 33137
E 1/2 OF S 1/2 OF
BLK 4, PB 1, P 3,
PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(14 NW 7TH AVENUE)
SOUTHRIDGE, LT 46, ROSEVELT MOISE & $ 25.00
BLK 1, PB 13, P 38, ANNA MOISE 70.00 (ADM. COST;
PUBLIC RECORDS, 161 STERLING AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(161 STERLING AVENUE)
ATLANTIC C4tRDENS DELRAY LORENZO & MARY JONES $ 35.00
LT 13, BLK 10, PB 14, 8901 LANGWOOD DR ~ 101 70.00 (ADM. COST)
P 63, PUBLIC RECORDS, RALEIGH, NC 27613
PALM BEACH COUNTY, FL
(SW 10TH AVENUE)
DELRAY SHORES, LT 24, JEAN & ENANTE DELHOMME $ 35.00
BLK 3, PB 24, P 233, 537 DOLPHIN DRIVE 70.00 (ADM. COST)
PUBLIC RECORDS, DELRAY BEACH, FL 33445
PALM BEACH COUNTY, FL
(537 DOLPHIN DRIVE)
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DELRAY MANOR ADD TO DANIEL MCGILL, JR. $ 35.00
DELRAY, LT 37, PB 12, 518 MT. LUBENTIA CT. E 70.00 (ADM. COST)
P 59, PUBLIC RECORDS, LARGO WOODS DEV.
PALM BEACH COUNTY, FL LARGO, MO 20774-2076
(943 & 945 SW 6TH AVE)
TOWN OF DELRAY, S 75 FT ATUNE ENTERPRISES, INC. $ 61.00
OF W 135.6 FT OF BLK 39, 3477 JUPITER BLVD. 70.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS PALM BAY, FL 32909-4102
PALM BEACH COUNTY, FL
(315 SW 3RD ST)
PRIESTS ADD TO ATLANTIC WILLIE BALAM $ 25.00
PARK GARDENS, LT 24, 150 SW 14TH AVENUE 70.00 (ADM. COST)
BLK 2, PB 23, P 70, DELRAY BEACH, FL 33444
PUBLIC RECORDS, PALM
BEACH COUNTY,. FL
(148 & 150 SW 14TH AVE)
PRIESTS ADD TO ATLANTIC KEVIN BALLARD & $ 25.00
PARK GARDENS, LT 22, HENRY NARKERSON 70.00 (ADM. COST)
BLK 2, PB 23, P 70, 142 SW 14TH AVENUE
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(140 & 142 SW 14T}{ AVE)
ODMANNS SUB, LT 19, MILDRED BURROUGHS $ 125.00
BLK 1, PB 4, P 53, 243 BILBOA STREET 70.00 (ADM. COST)
DUBLIC RECORDS, PALM ROYAL PALM BEACH, FL
BEACH COU1TIY, FL 33411-1312
(NW 13TH AVENUE)
DELRAY BEACH HIGHLANDS RICHARD L. GERWECK & $ 51.00
SEC. 2, LT 7, BLK 8, LILLIAN S. GERWECK 70.00 (ADM. COST)
PB 27, P 14, PUBLIC 1308 SW 22ND AVENUE
RECORDS, PALM BEACH DELRAY BEACH, FL 33445
COUNTY, FL
(1308 SW 22ND AVENUE)
TOURIST NOOK DELRAY HENRY HANKERSON $ 25.00
LT 10, BLK A, PB 11, 142 SW 14TH AVENUE 70.00 (ADM. COST)
P 47, PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(NW 10TH AVENUE)
WEST SIDE HEIGHTS HATTIE L. HARDWICK ESTATE $ 61.00
DELRAY, LT 4, BLK C, c/o G. QUAIL 70.00 (ADM. COST)
PB 13, P 61, PUBLIC P.O. BOX 7043 FDR STATION
RECORDS, PALM BEACH NEW YORK, NY 10150-1908
COUNTY, FL
(37 NW 10THAVENIIE)
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TOWN OF DELRAY, HOUSE OF GOD DELRAY BEACH $ 51.00
N 190.56 FT OF E 135 FT c/o DEACON J. T. FIELDS 70.00 (ADM. COST)
OF BLK 24, PB 1, P 3, 329 SW 6TH AVENUE
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(SW 5TH AVENUE)
TOWN OF DELRAY, N 50 FT ADELENE JENKINS $ 51.00
OF S 356.4 FT OF E 135 336 SW 5TH AVENUE 70.00 (ADM. COST)
FT OF BLK 24, PB 1, P 3, DELRAY BEACH, FL 33444
PUBLIC RECORDS , PALM
BEACH COUNTY, FL'
(322 SW 5TH AVENUE)
ATLANTIC PARK GARDENS LENNARD JOSEY & $ 25.00
DELRAY, LT 19, BLK 4, MEARLENE JOSEY 70.00 (ADM. COST)
PB 14, P 56, .PUBLIC 505 SUNSET ROAD
RECORDS, PALM BEACH BOYATTON BEACH, FL 33435
COUNTY, FL
(226 & 228 SW 12TH AVE)
TOURIST NOOK DELRAY, ESTATE OF ORA WALLACE $ 75.00
LT 6, BLK A, PB 11, c/o ELOISE RTJNTER 70.00 (ADM. COST)
P 47, PUBLIC RECORDS, 121 NW llTH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(239 NW 10TH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS;
DECLARED NUISANCE.
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