Res 27-96 RESOLUTION NO. 27-96
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 19th day of March, 1996 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
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 19th day
of March , 1996.
ATTEST:
cftY Cie~k /
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LAKE FOREST SOUTH, LOT JULIE MIRON CO. $ 97.00
103, BLK 1, PLAT BOOK 43, 19400 W. DIXIE HIGHWAY 70.00 (ADM. FEE)
PAGES 152/153, PUBLIC NORTH MIAMI BEACH, FL
RECORDS OF PALM BEACH 33180-2215
COUNTY, FL
(4015 NW 7TH COURT)
LAKE IDA SHORES, LOT 8 NETWORK FINANCIAL CORP. $ 40.00
(LESS N 20 FT), BLK 3, 9100 GRIFFIN ROAD 70.00 (ADM. FEE)
PLAT BOOK 25, PAGE 54, COOPER CITY, FL 33328-3540
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(532 NW 8TH AVENUE)
OSCEOLA PARK, LOT 19, WAYNE E. & ALETHA ROSEKE $ 51.00
BLK 6, PLAT BOOK 3, RR 10 BOX 200B 70.00 (ADM. FEE)
PAGE 2, PUBLIC RECORDS LAKE CITY, FL 32025-8821
OF PALM BEACH COUNTY, FL
(SE 6TH STREET)
PLUMOSA PARK SEC. Ao, ROBERT S. & FLORA AMARAL $ 56.00
S39 FT OF LOT 104 & 6813 VIA REGINA 70.00 (ADM. FEE)
N 23 FT OF LOT 105, BOCA RATON, FL 33433-3927
PLAT BOOK 23, PAGE 68,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(1619 NE 3RD AVENUE)
TOWN OF DELRAY, LOTS 7 WILLIE M. RICHARDSON $ 56.00
& 8, BLK 36, PLAT BOOK 1, c/o DOROTHY REEDER 70.00 (ADM. FEE)
PAGE 3, PUBLIC RECORDS 7 PATTON STREET
OF PALM BEACH COUNTY, FL ISELIN, NJ 08830
(34 NW 3RD AVENUE)
TOWN OF DLERAY, LOTS 23, GRACE BARNETT $ 51.00
BLK 23, PLAT BOOK 10, 1401 39TH STREET 70.00 (ADM. FEE)
PAGE 69, PUBLIC RECORDS WEST PALM BEACH, FL
OF PALM BEACH COUNTY, FL 33401
(509 SW 3RD STREET)
TOWN OF DELRAY, W55 FT. MARIE QUINCE $ 51.00
OF LOTS 11 & 12, BLK 23, 506 SW 14TH AVENUE 70.00 (ADM. FEE)
PLAT BOOK 10, PAGE 69, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(SW 3RD STREET)
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ODMANN'S SUB., LOT 21 CHARLES & ELIZABETH FREITAS $65.53
(LESS 1-95 R/W), P. O. BOX 24351 70.00 (ADM. FEE)
& LOT 22, BLK 1, FT. LAUDERDALE, FL
PLAT BOOK 4, PAGE 53, 33307-4351
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(19 NW 14TH AVENUE)
TOWN OF DELRAY, N1/2 OF AMY CHARLOW $176.10
LOT 5, BLK 30, PLAT BOOK 125 SW 5TH AVENUE 70.00 (ADM. FEE)
1, PAGE 3, PUBLIC RECORDS DELRAY BEACH, FL 33444
OF PALM BEACH COUNTY, FL
(125 SW 5TH AVENUE)
ATLANTIC GARDENS, DELRAY, EDWARD L. MARSHALL TRUST $ 32.00
LOT 13, BLK 5, PLAT BOOK c/o DENNIS M. BOYCE 70.00 (ADM. FEE)
14, PAGE 63, PUBLIC 105 S. NARCISSUS AVE.
RECORDS OF PALM BEACH SUITE 702
COUNTY, FL WEST PALM BEACH, FL
(15 SW 12TH AVENUE)
TOWN OF DELRAY, LOT 16, GRACE BARNETT $ 56.00
BLK 35, PLAT BOOK 1, 1401 39TH STREET 70.00 (ADM. COST)
PAGE 3, PUBLIC RECORDS WEST PALM BEACH, FL
OF PALM BEACH COUNTY, FL 33407- 3631
(309 NW 1ST STREET)
TOURIST NOOK, DELRAY, RUSSELL E. BROWN $ 51.00
LOT 21, BLK D, PLAT BOOK c/o JUNE DIMON 70.00 (kDM. COST)
11, PAGE 47, PUBLIC 9720 WILLOW ROAD
RECORDS OF PALM BEACH WILLIS, MI 48191-9727
COUNTY, FL
(NW 8TH AVENUE)
FAIRCREST HEIGHTS YOLLY P. VERZOSA $ 48.00
AMND PLAT, LOT 53, 1090 AMSTERDAM AVE. %7K 70.00 (ADM. FEE)
PLAT BOOK 42, PAGE 68, NEW YORK, NY 10025-8103
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(2147 SW 36TH TERRACE)
TOWN OF DELRAY, LOTS 13 FREDDY MC CLOUD ET AL $ 64.77
& 14, BLK 41, PLAT BOOK 13050 SW 104TH AVENUE 70.00 (ADM. FEE)
5, PAGE 65, PUBLIC MIAMI, FL 33176-5502
RECORDS OF PALM BEACH
COUNTY, FL
(NW 2ND AVENUE)
TOTTERDALE ADDITION, DIANNA BARAN & $ 42.63
S10 FT OF LOT 18 & 19, REINHARD BARAlq H/W 70.00 (ADM. FEE)
BLK 4, PLAT BOOK 23, 1310 LAKE DRIVE
PAGE 151, PUBLIC RECORDS DELRAY BEACH, FL 33444-3046
OF PALM BEACH COUNTY, FL
(1310 LAKE DRIVE)
- 5 - Res. No. 27-96
SOUTHRIDGE, LOT 23, MICHAEL & MADELEINE ACHELUS $ 69.00
BLK 2, PLAT BOOK 13, 335 SOUTHRIDGE ROAD 70.00 (ADM. FEE)
PAGE 38, PUBLIC RECORDS DELRAY BEACH, FL 33444
OF PALM BEACH COUNTY, FL
(335 SOUTHRIDGE ROAD)
OSCEOLA PARK, LOT 25, PIERRE-PAUL JACQUES & $ 49.00
& N20.5 FT OF LOT 26, VELLA MARCELIN 70.00 (ADM. FEE)
BLK 7, PLAT BOOK 3, 626 SE 3RD AVENUE
PAGE 2, PUBLIC RECORDS DELRAY BEACH, FL 33483
OF PALM BEACH COUNTY, FL
(626 SE 3RD AVENUE)
SUB. OF SEC. 20-46-43, CHERYL A. CARLEY $ 66.68
S 78 FT OF W 168 FT OF 1200 NORTHFIELD ROAD 70.00 (ADM. FEE)
E 1/2 OF W 1/2 OF LOT 30 WATERTOWN, CT 06795-1419
E OF GERMANTOWN RD (LESS
E 30 FT OF SW 10TH AVE
RD R/W), PLAT BOOK 28,
PAGE 68, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(WALLACE DRIVE)
TOURIST NOOK, DELRAY, GLORITH STEPHENSON $ 51.00
LOT 25, BLK B, PLAT BOOK 2655 DORSON WAY 70.00 (ADM. FEE)
11, PAGE 47, PUBLIC DELRAY BEACH, FL 334445
RECORDS OF PALM BEACH
COUNTY, FL
(232 NW 8TH AVENUE)
NORTHRIDGE, LOT 6, DEREK MURPHREE $ 51.00
BLK 2, PLAT BOOK 23, 13 SWINTON CIRCLE 70.00 (ADM. FEE)
PAGE 168, PUBLIC RECORDS DELRAY BEACH, FL 33445
OF PALM BEACH COUNTY, FL
(13 SWINTON CIRCLE)
WILIAMS SUB., LOT 4, ABNETTA HAYWOOD $ 41.00
PLAT BOOK 24, PAGE 180, 325 ROOSEVELT AVE. 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(228 SW 15TH AVENUE)
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED A NUISANCE.
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