Res 34-96 RESOLUTION NO. 34-96
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
TO
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 16th day of April, 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
2 Res No. 34-96
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
said and interest shall at the rate of
placed
on
property(s),
accrue
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 16th day
of April , 1996.
ATTEST:
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOURIST NOOK, DELRAY, WILLIAM R. JOHNSON $ 51.00
LOT 15, BLOCK A, 140 SW 4TH AVENUE 70.00 (ADM. FEE)
PB 11, P 47. PUBLIC DELRAY BEACH, FL 33344-2508 3.35 (RECORDING)
RECORDS OF PALM $124.35
BEACH COUNTY, FL
(NW 10TH AVENUE)
TOURIST NOOK, DELRAY, DELVERNA C. RILEY $ 51.00
LOT 29, BLOCK B, 706 PLACE TAVANT 70.00 (ADM. FEE)
PB 11, P 47, PUBLIC DELRAY BEACH, FL 33445 3.35 (RECORDING)
RECORDS OF PALM BEACH $124.35
COUNTY, FL
(NW 8TH AVENUE)
ATLANTIC GARDENS, E. & HENRY WILSON $ 51.00
DELRAY, LOT 23, P. O. BOX 1676 70.00 (ADM. FEE)
BLOCK 6, PB 14, P 63, DELRAY BEACH, FL 33447-1676 3.35 (RECORDING)
PUBLIC RECORDS OF $124.35
PALM BEACH COUNTY, FL
(142 SW llTH AVENUE)
ATLANTIC GARDENS, P. & GENEVA ROBINSON & $ 51.00
DELRAY, LOT 6, BLOCK E. JR. & DELORES JOHNSON 70.00 (ADM. FEE)
9, PB 14, P 63, PUBLIC 322 NW 3RD STREET 3.35 (RECORDING)
RECORDS OF PALM BEACH BOYNTON BEACH, FL 33435-4029 $124.35
COUNTY, FL
(SW llTH AVENUE)
PRIEST'S ADDITION TO L. & EARLINE TEMPLE $ 32.00
ATLANTIC PARK GARDENS, L. TEMPLE ET AL TR TI. HLDR. 70.00 (ADM. FEE)
N 54 FT OF S 280 FT 226 SW 14TH AVENUE 3.35 (RECORDING)
OF E 1/2 OF BLOCK 3, DELRAY BEACH, FL 33444-1548 $105.35
PB 23, P 70, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(226 SW 14TH AVENUE)
SELLERS ADDITION, EVELYN WALKER $ 72.00
DELRAY BEACH, N 1/2 211 WEST FLORIBRESKA 70.00 (ADM. FEE)
OF LOT 16, PB 22, P 17, TAMPA, FL 33603-5728 3.35 (RECORDING)
PUBLIC RECORDS OF PALM $145.35
BEACH COUNTY, FL
(602 SO. SWINTON AVE.)
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TOWN OF DELRAY, S 37.5 RUBY L. HARRIS $ 51.00
FT OF N 75 FT OF c/o P. C. WELLS 70.00 (ADM. FEE)
W 130.44 FT OF E 155.44 6416 ROBERTS DRIVE 3.35 (RECORDING)
FT OF E 1/2 OF S 1/2, TEMPLE HILLS, MD 20748-4966 $124.35
BLOCK 4, PB 1, P 3,
RECORDS OF PA3_~ BEACH
COUNTY, FL
(NW 7TH AVENUE)
TOWN OF DELRAY, S 75 ATUNE ENTERPRISES, INC. $ 56.00
FT OF W 135.6 FT OF 3477 JUPITER BLVD. 70.00 (ADM. FEE)
BLOCK 39, PB 11, P 34, PALM BAY, FL 32909-4102 3.35 (RECORDING)
PUBLIC RECORDS OF $129.35
PALM BEACH COUNTY, FL
(315 SW 3RD STREET)
ATLANTIC GARDENS, PRESTON WILLIAMS $ 51.00
DELRAY, LOTS 15 & 16, 212 SW llTH AVENUE 70.00 (ADM. FEE)
BLOCK 7, PB 14, P 63, DELRAY BEACH, FL 33444-1530 3.35 (RECORDING)
PUBLIC RECORDS OF $124.35
PALM BEACH COUNTY, FL
(212 & MORE SW llTH AVE)
DELL PARK, LOT 14 & ANDREA MOREIRA $ 56.00
E 1/2 OF LOT 15, 230 NE 12TH STREET 70.00 {ADM. FEE)
BLOCK 5, PB 8, P 56 DELRAY BEACH, FL 33444-4013 3.35 (RECORDING)
PUBLIC RECORDS OF $129.35
PALM BEACH COUNTY, FL
(230 NE 12TH STREET)
OSCEOLA PARK, LOT 35, STEVEN J. & MARIE GARGONNU $ 24.00
(LESS S 25 FT) & 408 W. PIONEER PARKWAY 70.00 (ADM. FEE)
LOT 36, BLOCK 8, APT. D 3.35 (RECORDING)
PB 3, P 2, PUBLIC ARLINGTON, TX 76010 $ 97.35
RECORDS OF PALM
BEACH COUNTY, FL
(705 SE 2ND AVENUE)
TOWN OF DELRAY, ALVAN E. MC FORD $ 93 .87
LOTS 22 TO 26, INC. , 17831 NW 47TH AVENUE 70.00 (ADM. FEE)
BLOCK 15, PB 13, P 18, CAROL CITY, FL 33055-3255 3.35 (RECORDING)
PUBLIC RECORDS OF PALM $167.22
BEACH COUNTY, FL
(SW 7TH AVENUE)
TOURIST NOOK, DELRAY, VICENT VILLAFANE & $ 51.00
LOT 16, BLOCK A, MILAGROS VILLAFANE 70.00 (ADM. FEE)
PB 11, P 47, PUBLIC 423 WILDER STREET 3.35 (RECORDING)
RECORDS OF PALM BEACH WEST PALM BEACH, FL 33405-4835 $124.35
COUNTY, FL
(NW 10TH AVENUE)
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PINECREST SUB. , DELRAY, MABLE PHILLIPS $ 67.00
LOT 21, BLOCK 1, LIFE 556 NW 95TH STREET 70.00 (ADM. FEE)
ESTATE REMAINDER TO MIAMI, FL 33150-1901 3.35 (RECORDING)
MABLE PHILLIPS, PB 14, $140.35
P 46, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(140 NW llTH AVENUE)
TOWN OF DELRAY, LOTS AIDA MARRERO $ 41.00
7 & 8, BLOCK 72, 329 SOUTH SWINTON AVE. 70.00 (ADM. FEE)
PB 10, P 57, PUBLIC DELRAY BEACH, FL 33444-3550 3.35 (RECORDING)
RECORDS OF PikLM $114.35
BEACH COUNTY, FL
(325-329 SO. SWINTON AVE)
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED A
NUISANCE.
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