Res 82-97 RESOLUTION NO. 82-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO C~{APTER 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 T~AT A NOTICE OF
LIEN S~L~LL 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 18th day of November~ 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. 82-97
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 18th day
ATTEST:
- CitY Cl~r~ '
- 3 - Res. No.82-97
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, N 50 FT LEON I. JENKINS & $ 24.00
OF S 335 FT OF E 135 FT GAIL R. JENKINS 70.00 (ADM. FEE)
OF BLK 14, PB 1, P 3 16049 RIO DEL SOL
PUBLIC RECORDS oF DELRAY BEACH, FL 33446
PALM BEACH COUNTY, FL
(118 & 220 SW 6TH AVE)
DELRAY SHORES, LT 2, JEAN P. GANTHIER & $ 24.00
BLK 8, PB 24, P 233, PAULETTE GANTHIER 70.00 (ADM. FEE)
PUBLIC RECORDS OF 510 UDELL LANE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445
(510 UDELL LANE)
DELL PARK, LTS 3 & 4, RICHARD A. COURT, EST $ 51.00
BLK 8, PB 8, P 56, c/o DAVID B.DICKENSON, ESQ 70.00 (ADM. FEE)
PUBLIC RECORDS OF 980 NO. FEDERAL HWY #410
PALM BEACH COUNTY, FL BOCA RATON, FL 33432
(1012 NE 3RD AVENUE)
SUB OF N 1/2 OF SE 1/4 JAMES & HATTIE L. BROWN $ 85.00
OF SE 1/4 OF SW 1/4 802 SW 3RD STREET 70.00 (ADM. FEE)
UN~EC/LOT 1, PB 1, P 3, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(802 SW 3RD STREET)
NICHOLAS 2ND ADD TO MOLLIE K. BOWLES $ 67.00
DELRAY BCH, LT 14, C/O STEVE HINE, ESQ. 70.00 (ADM. FEE)
PB 21, P 70, PUBLIC 8350 NW 52ND TERRACE
RECORDS OF PALM MIAMI, FL 33166
BEACH COUNTY, FL
(304 SW 7TH STREET)
TOWN OF DELRAY, LT 3, ROBERT G. ALLEN & $ 51.00
BLK 47, PB 12, P 81, PATRICIA ALLEN 70.00 (ADM. FEE)
PUBLIC RECORDS OF 206 SW 2ND AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(206 SW 2ND AVENUE)
TOWN OF DELRAY, S 75 FT LUCIUS SIMMONS $ 77.00
OF W 135.6 FT OF BLK 39, 1601 GLENCOVE AVE NW 70.00 (ADM. FEE)
PB 1, P 3, PUBLIC PALM BAY, FL 32907-1750
RECORDS OF PALM BEACH
COUNTY, FL
(315 SW 3RD STREET)
4 RES. NO. 82-97
REPL OF PT OF BLK 27, PROGRESSIVE FINANCE CO. $ 36.00
DELRAY BEACH, LT 1 & CITIZENS, INC. 70.00 (ADM. FEE)
N 7 FT OF LT 2, PO BOX 1750
PB 21, P 43, PUBLIC BELLE GLADE, FL 33430
RECORDS OF PALM BEACH
COUNTY, FL
(143 NW 5TH AVENUE)
TOWN OF DELRAY, LT 17, BERTHA PRESTON $ 51.00
BLK 23, PB 10, P 69, 1001 WEST 3RD STREET 70.00 (ADM. FEE)
PUBLIC RECORDS oF RIVIERA BEACH, FL 33404
PALM BEACH COUNTY, FL
(217 SW 6TH AVENUE)
ATLANTIC GARDENS DELRAY, CHARLES T. OXIDINE & $ 48.00
LT 16, BLK 5, PB 14, ANNIE OXIDINE 70.00 (ADM. FEE)
P 63, PUBLIC RECORDS 27 NW llTH AVENUE
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(27 & 29 SW 12TH AVENUE)
LAKE IDA SHORES, LT 8, NETWORK FINANCIAL CORP $ 51.00
(LESS N 20 FT), BLK 3, 9100 GRIFFIN ROAD 70.00 (ADM. FEE)
PB 25, P 54, PUBLIC COOPER CITY, FL 33328-3540
RECORDS OF PALM BEACH
COUNTY, FL
(532 NW 8TH AVENUE)
ATLANTIC PARK GARDENS, J.D. & EARLINE MONROE $ 51.00
LT 19, BLK 2, PB 14, 32 EARL STREET 70.00 (A/DM. FEE)
P 56, PUBLIC RECORDS OF HARTFORD, CT. 06120-1714
PALM BEACH COUNTY, FL
(39 SW 13TH AVENUE)
TOWN OF DELRAY, LTS 22 ALVAN E. MCFORD $ 69.00
TO 26, INC., BLK 15, 17831 NW 47TH AVENUE 70.00 (ADM. FEE)
PB 13, P 18, PUBLIC CAROL CITY, FL 33055-3255
RECORDS OF PALM
BEACH COUNTY, FL
(SW 7TH AVENUE)
ATLANTIC GARDENS DELRAY LORENZO JONES & $ 16.00
LT 13, BLK 10, PB 14, MARY E. JONES 70.00 (ADM. FEE)
P 63, PUBLIC RECORDS 8901 LANGWOOD DR. # 101
OF PALM BEACH COUNTY, FL RALEIGH, NC 27613-5275
(SW 10TH AVENUE)
TOWN OF DELRAY, LT 18, MATILDA JOHNSON $ 51.00
BLK 23, PB 10, P 69, 225 SW 6TH AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(225 SW 6TH AVENUE)
5 RES. NO. 82-97
DELRAY BEACH HIGHLANDS RICHARD L. GERWECK & $ 51.00
SEC 2, LT 7, BLK 8, LILLIAN S. GERWECK 70.00 (ADM. FEE)
PB 27, P 14, PUBLIC 1308 SW 22ND AVENUE
RECORD OF PALM BEACH DELRAY BEACH, FL 33445
COUNTY, FL
(1308 SW 22ND AVENUE)
SOUTHRIDGE, LT 29, MARIA DELACONCEPCION $ 82.00
BLK 1, PB 13, P 38, VILLA TOLEDO 70.00 (ADM. FEE)
PUBLIC RECORDS OF AVEIDA PAEL PARAISO
PALM BEACH COUNTY, FL CARACAS, VENEZUELA 00038
(321 STERLING AVENUE)
ATLANTIC GARDENS DELRAY EVELYN CLINTON $ 51.00
LT 19, BLK 10, PB 14, 213 SW 14TH AVENUE 70.00 (ADM. FEE)
P 63, PUBLIC RECORDS DELRAY BEACH, FL 33444
OF PALM BEACH COUNTY, FL
(SW 10TH AVENUE)
TOWN OF DELRAY, LT 23, GRACE BARNETT $ 51.00
BLK 23, PB 10, P 69, 1401 39TH STREET 70.00 (ADM. FEE)
PUBLIC RECORDS OF WEST PALM BEACH, FL 33407
PALM BEACH COUNTY, FL
(509 SW 3RD STREET)
TOURIST NOOK DELRAY, ESTATE OF ORA WALLACE $ 83.00
LT 6, BLK A, PB 11, P 47, C/O ELOISE HUNTER 70.00 (ADM. FEE)
PUBLIC RECORDS OF 121 NW llTH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(239 NW 10TH AVENUE)
ATLANTIC PARK GARDENS DAISY M. RAY $ 35.00
DELRAY, LT 13, BLK 2, P.O. BOX 74 70.00 (ADM. FEE)
PB 14, P 56, PUBLIC LENOX, GA 31637-0070
RECORDS OF PALM
BEACH COUNTY, FL
(17 SW 13TH AVENUE)
WEST SIDE HEIGHTS DELRAY HATTIE L. HARDWICK ESTATE $ 51.00
LT 4, BLK C, PB 13, P 61 C/O G. QUAIL 70.00 (ADM. FEE)
PUBLIC RECORDS OF PO BOX 7043, FDR STATION
PALM BEACH COUNTY, FL NEW YORK, NY 10150-1908
(37 NW 10TH AVENIIE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE.
6 RES. NO. 82-97