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Res 62-97 RESOLUTION NO. 62-97 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, W~EREAS, 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, W~EREAS, 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 19th day of August, 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. 62-97 I I 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 mD ~OPTED in regular session on this the 19th day of August , 1997. ATTEST: Cfty Cle~ - 3 - Res. No. 62-97 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE ¢0DE. OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT ATLANTIC PARK GARDENS, BERTHA PALMER $ 75.00 DELRAY, LT 16, BLK 1, 35 NW 13TH AVENUE 70.00 (ADM. COST) PB 14, P 56, PUBLIC DELRAY BEACh, FL 33444 RECORDS, PALM BEACH COUNTY, FL (35 NW 13T~ AVENUE) TOWN OF DELRAY, LT 14, FRED WILSON & $ 16.00 BLK 27, PB 21, P 43, FREDDIE WILSON & 70.00 (ADM. COST) PUBLIC RECORDS, PA/24 HELEN WILSON BEACH COUNTY, FL 114 NW 4TH AVENUE (114 NW 4TH AVENUE) DELRAY BEACH, FL 33444 POINCIANA HGTS OF A.L. & OLETHA WHEELER $ 244.00 DELRAY BEACH, LT 25, 331 NW 12TH AVENUE 70.00 (ADM. COST) PB 26, P 245, PUBLIC DELRAY BEACH, FL 33444 RECORDS, PALM BEACH COUNTY, FL (331 NW 12TH AVENUE) ATLANTIC PARK GARDENS, HELENA SMITH $ 51.00 DELRAY LT 17, BLK 1, 10404 PIPPIN LANE 70.00 (ADM. COST) PB 14, P 56, PUBLIC ROYAL PALM BEACH, FL 33411 RECORDS, PALM BEACH COUNTY, FL (37 NW 13TH AVENUE) ATLANTIC GARDENS DELRAY, P. & GENEVA ROBINSON & $ 75.00 LT 6, BLK 9, PB 14, P 63, E & DELORIS JOHNSON, JR. 70.00 (ADM. COST) PUBLIC RECORDS, PALM 322 NW 3RD STREET BEACH COUNTY, FL BOYNTON BEACH, FL 33435 (VAC LOT NORTH OF 125 SW 11TH AVE) TOWN OF DELRAY, W 50' JOHNNIE MARTIN, JR. $ 85.00 OF E 200' OF S 135' OF 215 SW 7TH AVENUE 70.00 (ADM. COST) S 1/2 OF BLK 22, PB 10, DELRAY BEACH, FL 33444 P 38, PUBLIC RECORDS, PALM BEACH COUNTY, FL (515 SW 2ND STREET) DEL IDA PARK, LTS 3 TO GERALD L. KUNZE $ 16.00 5, INC., BLK 8 (DEL-IDA 252 BARCELONA ROAD 70.00 (ADM. COST) PARK HISTORIC DISTRICT) WEST PALM BEACH, FL 33401 PB 9, P 52, PUBLIC RECORDS, PALM BEACH COUNTY, FL (503 NE 2ND AVENUE) -4- Res. No. 62-97 TROPIC PALMS PLAT NO. I EDIN DEVELOPMENT TRUST $ 35.00 LOT 60, PB 25, P 99, c/o kDEL KARABAC}{I 70.00 (ADM. COST) PUBLIC RECORDS, PALM 5790 NW 74TH AVE. %205 BEACH COUNTY, FL COCONUT CREEK, FL 33066 (VAC LT 500 BLOCK OF LINDELL BLVD. ) TOWN OF DELRAY, LT 23, GRACE BARNETT $ 99.00 BLK 23, PB 10, P 69, 1401 39TH STREET 70.00 (ADM. COST) PUBLIC RECORDS, PALM WEST PALM BEACH, FL 33407 BEACH COUNTY, FL (509 SW 3RD STREET) TOWN OF DELRAY, LT 16, GRACE BARNETT $ 51.00 BLK 35, PB 1, P 3, 1401 39TH STREET 70.00 (ADM. COST) PUBLIC RECORDS, PALM WEST PALM BEACH, FL 33407 BEACH COUNTY, FL (309 NW 1ST STREET) ATLANTIC PARK GARDENS, KEVIN B. BALLARD $ 32.00 DELRAY, LT 16, BLK 3, 142 SW 14TH AVENUE 70.00 (ADM. COST) PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444 RECORDS, PALM BEACH COUNTY, FL (114 & 116 SW 12TH AVE) TOWN OF DELRAY, LT 14, CLARENCE G. WEST & $ 24.00 BLK 79, PB 10, P 1, CJtRMON L. WEST 70.00 (ADM. COST) PUBLIC RECORDS, PALM PO BOX 1356 BEACH COUNTY, FL DELRAY BEACH, FL 33447 (VAC LOT SO. OF 243 SE 1ST AVENUE) TOWN OF DELRAY, LT 3, ROBERT G. ALLEN & $ 51.00 BLK 47, PB 12, P 81, PATRICIA ALLEN 70.00 (ADM. COST) PUBLIC RECORDS, PALM 206 SW 2NDAVENUE BEACH COUNTY, FL DELRAY BEACH, FL 33444 (206 SW 2ND AVENUE) TOWN OF DELRAY, LT 42, JAMES R. CHARLOW, EST. $ 32.00 BLK 32, PB 6, P 97, c/o F. JOHNSON 70.00 (ADM. COST) PUBLIC RECORDS, 240 REIGLE AVENUE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (347 SW 5TH AVENUE) TOWN OF DELRAY, E 87' OF EDWARD & GLORIA SUTTON $ 32.00 S 123' OF BLK 10, PB 1, 601 NW 2ND STREET 70.00 (ADM. COST) P 3, PUBLIC RECORDS, DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (601 NW 2ND STREET) -5- Res. No. 62-97 SUB OF N 1/2 OF SE 1/4 JAMES & HATTIE L. BROWN $450.00 OF SE 1/4 OF SW 1/4/UNREC 802 SW 3RD STREET 70.00 (ADM. COST) LOT 1, PUBLIC RECORDS, DELl{AY BEACH, FL 33444 PALM BEACH COUNTY, FL (802 SW 3RD STREET) TOWN OF DELRAY, LTS 8 & ALFREDA GORDON $ 56 . 00 9, BLK 15, PB 13, P 18, 1824 NW 68TH STREET 70.00 (/%DM. COST) PUBLIC RECORDS, MIAMI, FL 33147-7458 PALM BEACH COUNTY, FL (SW 7TH AVENUE) OSCEOLA PARK, LTS 20 & JOSEPH C. ARISTILDE & $ 24.00 21, BLK 6, PB 3, P 2, PROMESSE BIEN-AIME 70.00 (ADM. COST) PUBLIC RECORDS, 618 SW 9TH COURT PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (119 SE 6TH STREET) ATLANTIC PARK GAP~DENS LENNARD & MEARLENE JOSEY $ 24.00 DELRAY, LT 19, BLK 4, 505 SUNSET ROAD 70.00 (ADM. COST) PB 14, P 56, PUBLIC BOYNTON BEACH, FL 33435 RECORDS, PALM BEACH COUNTY, FL (226 & 228 SW 12TH AVE. ) SOUTHRIDGE, LT 40, ANNE M. DORCEUS & $ 51.00 BLK 1, PB 13, P 38, JEAN S. JEUNE & 70.00 (ADM. COST) PUBLIC RECORDS, PALM JUDE DESIN BEACH COUNTY, FL 221 STERLING AVENUE (221 STERLING AVENUE) DELRAY BEACH, FL 33444 OSCEOLA PARK, LTS 6 & 7, MARK J. & JOAN DURBIN $ 32.00 BLK 3, PB 3, P 2, 401 SE 6TH STREET (ADM.WAIVED) PUBLIC RECORDS, PALM DELRAY BEACH, 33483 BEACH COUNTY, FL (401 & 405 SE 6TH ST.) ATLANTIC GARDENS DELRAY, CURTIS M. WILLIAMS & $ 32.00 LT 24, BLK 6, PB 14, ZERLEAN S. WILLIAMS 70.00 (ADM. COST) P 63, PUBLIC RECORDS, 513 SW 6th STREET PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (144 SW 11TH AVENUE) SUNDY & TENBROOK ADD JONIE WELLS $ 16.00 TO DELRAY, LT 22, PB 12, 310 WASHINGTON AVENUE 70.00 (ADM. COST) P 32, PUBLIC RECORDS, DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (SW 4TH STREET) - 6 - Res. No. 62-97 TOWN OF DELRAY, N 1/2 AMY CHARLOW $ 51.00 OF LT 5, BLK 30, 125 SW 5TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (125 SW 5TH AVENUE) ATLANTIC CAR/DENS DELRAY, EVELYN CLINTON $ 35.00 LT 19, BLK 10, PB 14, 213 SW 14TH AVENUE 70.00 (ADM. COST) P 63, PUBLIC RECORDS, DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (SW 10TH AVENUE) TOWN OF DELRAY, S 50' HOUSING INVESTMENT CORP. $ 67.00 OF N 250' OF E 135' OF TRUSTEE # 1088 70.00 (ADM. COST) BLK 13, PB 1, P 3, PO BOX 530731 PUBLIC RECORDS, PALM MIAMI SHORES, FL 33152 BEACH COUNTY, FL (20 SW 6TH AVENUE) TOWN OF DELRAY, S 1/2 ETHEL MACKEY $ 51.00 OF LT 5, BLK 30, PB 1, c/o SHIRLEY M. WALLACE 70.00 (ADM. COST) P 3, PUBLIC RECORDS, 1120 NW 64TH STREET PALM BEACH COUNTY, FL MIAMI, FL 33150-4231 (129 SW 5TH AVENUE) TOWN OF DELRAY, LT 18, MATILDA JOHNSON $ 51.00 BLK 23, PB 10, P 69, 225 SW 6TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (~25 SW 6TH AVENUE) TOWN OF DELRAY, LT 17, BERTHA PRESTON $ 51.00 BLK 23, PB 10, P 69, 1001 WEST 3RD STREET 70.00 (ADM. COST) PUBLIC RECORDS, PALM RIVIERA BEACH, FL 33404 BEACH COUNTY, FL (217 SW 6TH AVENUE) TOWN OF DELRAY, W 55' MARIE QUINCE $ 51.00 OF LTS 11 & 12, BLK 23, 506 SW 14TH AVENUE 70.00 (ADM. COST) PB 10, P 69, PUBLIC DELRAY BEACH, FL 33444 RECORDS, PALM BEACH COUNTY, FL (SW 3RD STREET) RIDGEWOOD HEIGHTS DELRAY, RPI MANAGEMENT CORP. $ 51.00 LT 23, BLK C, PB 14, P 44, 209 NE 95TH STREET 70.00 (ADM. COST) PUBLIC RECORDS, PALM MIAMI, FL 33139 BEACH COUNTY, FL (1106 SW 7TH AVENUE) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE -7- Res. No. 62-97