Res 51-96 RESOLUTION NO. 51-96
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
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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 That such shall be valid and
2.
assessments
legal,
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 June, 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.51-96
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
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 ~OPTED in regular session on this the 18th day
of June ,1996.
ATTEST:
City clerV- - !
- 3 - Res. No. 51-96
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
OSCEOLA PARK, LOTS 5 & FRITZ & MERITE PIERRE $ 31.00
6, BLOCK 8, PB 3, P 2, 722 SE 4TH AVENUE 70.00 (A/DM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33483 2.61 (RECORDING)
BEACH COUNTY, FL $103.61
(722 SE 4TH AVENUE)
OSCEOLA PARK, LOTS 20 & JOSEPH C. ARISTIDLE & $ 56.00
21, BLOCK 6, PB 3, P 2, PROMESSE BIEN-AIME 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM 319 SE 3rd AVENUE 2.61 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33483 $128.61
(119 SE 6th STREET)
HIGHLAND TRAILER PARK, ACME PETROLEUM LTD. CORP. $ 89.00
LOT 5, (LESS W 35') 1800 THE GREENS WAY #207 70.00 (ADM. COST)
LOT 6 & W 32' OF LOT 7 JACKSONVILLE BEACH, FL 2.61 (RECORDING)
(LESS N 8' & S28.25' RD 32250-2416 $161.61
R/W THEREOF), PB 24, P 213,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(4561 WEST ATLANTIC AVE)
OSCEOLA PARK, LOT 16, RAPHAEL BLANC $ 56.00
BLOCK 6, PB 3, P 2, 122 SE 5TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELI%AY BEACH, FL 33483 2.61 (RECORDING)
BEACH COUNTY, FL $128.61
(122 SE 5TH STREET)
SUB. 17-46-31, S 50' OF ETHEL SCOTT ESTATE $ 56.00
E 110' OF W 135' OF S1/2 P.O. BOX 245 70.00 (ADM. COST)
OF N1/2 OF LOT 6, PB 1, RUSHVILLE, NY 14544-0245 2.61 (RECORDING)
P 3, PUBLIC RECORDS OF $128.61
PALM BEACH COUNTY, FL
(1119 NW 1ST STREET)
PARADISE HEIGHTS, LOTS 1 CHARLENE G. PATRICK $ 56.00
& 2, PB 24, P 113, PUBLIC P.O. BOX 99282 70.00 (ADM. COST)
RECORDS OF PALM BEACH RALEIGH, NC 27624-9282 2.61 (RECORDING)
COUNTY, FL $128.61
(NW 6TH AVENUE)
TOWN OF DELRAY, N 58' OF IVERSON LASTER $ 56.00
S 312.12' OF E 135' OF P.O. BOX 1225 70.00 (ADM. COST)
BLOCK 10, PB 1, P 3, BOYNTON BEACH, FL 33425 2.61 (RECORDING)
PUBLIC RECORDS OF PALM $128.61
BEACH COUNTY, FL
(NW 6TH AVENUE)
RES. NO. 51-96
TOWN OF DELRAY, S 50' OF WADE DEVELOPMENT CORP.,INC $ 56.00
212' OF W 143' OF BLOCK ATTN: DARREN ZANDERS 60.00 (ADM. COST)
18, PB 18, P 1, PAGE 3, 800 N. MAGNOLIA AVENUE 2.61 (RECORDING)
PUBLIC RECORDS OF PALM # 1701 $118.61
BEACH COUNTY, FL ORLANDO, FL 32803
(235 NW 6TH AVENUE)
DELL PARK, LOTS 3 & 4, RICHARD A. COURT $ 56.00
BLOCK 8, PB 8, P 56, 1012 NE 3RD AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 2.61 (RECORDING)
COUNTY, FL $128.61
(1012 NE 3RD AVENUE)
LAKE FOREST SOUTH, LOT PHENIX DEV. CORP. OF $ 48.00
45, BLOCK 1, PB 43, BROWARD COUNTY FLORIDA 70.00 (ADM. COST)
P 152, PUBLIC RECORDS 1700 N. UNIVERSITY DR. 2.61 (RECORDING)
OF PALM BEACH COUNTY, FL CORAL SPRINGS, FL $120.61
(4155 NW 10TH STREET) 33071-8905
WEST SIDE HEIGHTS, DELRAY, HATTIE I. HARDWICK ESTATE $ 61.00
LOT 4, BLOCK C, PB 13, c/o G. QUAIL 70.00 (ADM. COST)
P 61, PUBLIC RECORDS OF P.O. BOX 7043, FDR STATION 2.61 (RECORDING)
PALM BEACH COUNTY, FL NEW YORK, NY 10150-1908 $133.61
(37 NW 10TH AVENUE)
ATLANTIC PARK GARDENS, DAISY M. RAY $ 51.00
DELRAY, LOT 13, BLOCK 2, P.O. BOX 74 70.00 (ADM. COST)
PB 14, P 56, PUBLIC LENOX, GA 31637-0074 2.61 (RECORDING)
RECORDS OF PALM BEACH $123.61
COUNTY, FL
(17 SW 13TH AVENUE)
ATLANTIC PARK GARDENS, BERTHA PALMER $ 61.00
DELRAY, LOT 16, BLOCK 1, 35 NW 13TH AVENUE 70.00 (ADM. COST)
PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444 2.61 (RECORDING)
RECORDS OF PALM BEACH $133.61
COUNTY, FL
(35 NW 13TH AVENUE)
TOWN OF DELRAY, LOT 3, LUCILLE H. KING $ 56.00
BLOCK 25, PB 5, P 2, c/o A. STILES, JR. 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM 657 EAST 102ND STREET 2.61 (RECORDING)
BEACH COUNTY, FL CLEVELAND, OH 44108-1326 $128.61
(329 NW 5TH AVENUE)
ATLANTIC PARK GARDENS, HELENA SMITH $ 61.00
DELRAY, LOT 17, BLOCK 1, 10404 PIPPIN LANE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM ROYAL PALM BEACH, FL 2.61 (RECORDING)
BEACH COUNTY, FL 33411-3017 $133.61
(37 NW 13TH AVENUE)
RES. NO. 51-96
ATLANTIC PARK GARDENS, J. D. & EARLINE MONROE $ 51.00
DELRAY, LOT 19, BLOCK 2, 58 KENT STREET 70.00 (ADM. COST)
PB 14, P 56, PUBLIC HARTFORD, CT 06112 2.61 (RECORDING)
RECORDS OF PALM BEACH $123.61
COUNTY, FL
(39 SW 13TH AVENUE)
CARVER MEMORIAL PARK SUB., FIDELITY MFG. $ 64.00
LOT 13, BLOCK B, PB 20, 8994 WENDY LANE WEST 70.00 (ADM. COST)
PAGE 56, PUBLIC RECORDS WEST PALM BEACH, FL 2.61 (RECORDING)
OF PALM BEACH COUNTY, FL 33411-6525 $136.61
(NW 14TH AVENUE)
DENERY LANE, E 50' OF ALVIN BROCK $ 51.00
LOT 2 & W 60' OF LOT 3, 740 SOUTH LAKE AVE. 70.00 (ADM. COST)
PB 23, P 238, PUBLIC DELRAY BEACH, FL 33483 2.61 (RECORDING)
RECORDS OF PALM BEACH $123.61
COUNTY, FL
(905 DENERY LANE)
HOMEWOOD PARK REPLAT, DAVID B. HOFER $ 27.93
LOT 26, PB 29, P 13, 640 EAST DRIVE 70.00 (A/DM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445 2.61 (RECORDING)
BEACH COUNTY, FL $100.54
(640 EAST DRIVE)
DELL PARK, LOT 14, & ANDREA MOREIRA $ 11.93
E 1/2 OF LOT 15, BLOCK 5, 230 NE 12TH STREET 70.00 (ADM. COST)
PB 8, P 56, PUBLIC RECORDS DELRAY BEACH, FL 33444 2.61 (RECORDING)
OF PALM BEACH COUNTY, FL $ 84.54
(230 NE 12TH STREET)
TOTTERDALE ADDITION, DIANA BARAN & $ 11.93
S 10' OF LOT 18, & LOT 19, REINHARD BARAN H/W 70.00 (ADM. COST)
BLOCK 4, PB 23, P 151, 1310 LAKE DRIVE 2.61 (RECORDING)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 $ 84.54
BEACH COUNTY, FL
(1310 LAKE DRIVE)
DELL-IDA PARK, LOT 3, IRENE LE PAGE ESTATE $ 11.93
BLOCK 3, (DEL-IDA PARK 521 NORTH SWINTON AVE. 70.00 (ADM. COST)
HISTORIC DISTRICT) P.O. BOX 2556 2.61 (RECORDING)
PB 9, P 52, PUBLIC DELRAY BEACH, FL 33447 $ 84.54
RECORDS OF PALM BEACH
COUNTY, FL
(521 NO. SWINTON AVE.)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
RES. NO. 51-96