Res 63-96 RESOLUTION NO. 63-96
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 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 20th day of August~ 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 20th day
of August , 1996. .~~/~//,
ATTEST:
C£ty Cler~
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, LOT 3, ROBERT G. & PATRICIA ALLEN $ 51.00
BLOCK 47, PB 12, P 81, 206 SW 2ND AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(206 SW 2ND AVENUE)
TOWN OF DELRAY, W 1/2 ALBERT MARTIN & $ 43.00
OF LOT 7, BLOCK 30, PB 1, MARYLIN S. BARON 70.00 (ADM. FEE)
P 3, PUBLIC RECORDS OF P.O. BOX 414002
PALM BEACH COUNTY, FL MIAMI BEACH, FL 33141-0002
(SW 5TH AVENUE)
DELRAY SHORES, LOT 5, LORIN BROWN $ 32.00
BLOCK 11, PB 24, P 133, 1120 NW FIRST STREET 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(ANGLER DRIVE)
PINE TRAIL SEC. 4, ROY C. ELLIS $ 51.00
E 40 FT OF LOT 11, 651 LINDELL BLVD. 70.00 (ADM. FEE)
BLOCK 8, PB 35, P 151, DELl{AY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(5235 NW 6TH COURT)
TOWN OF DELRAY, N 50 FT ADELENE JENKINS $ 67.00
OF S 356.4 FT OF E 135 FT 336 SW 5TH AVENUE 70.00 (ADM. FEE)
OF BLOCK 24, PB 1, P 3, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(322 SW 5TH AVENUE)
TOWN OF DELRAY, LOT 9, ALBERTA P. GAINES, TR $125.00
BLOCK 25, PB 5, P 2, 343 NW 7TH AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(306 NW 4TH AVENUE)
TOWN OF DELRAY, S 50 FT T. & OLETHA JONES $ 61.00
OF N 300 FT OF W 135 FT P.O. BOX 1571 70.00 (ADM. FEE)
OF BLOCK 33, PB 1, P 3, DELRAY BEACH, FL 33447
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(NW 4TH AVENUE)
TOWN OF DELl{AY, LOTS FREDDY MC CLOUD, ET AL $ 48.00
13 & 14, BLOCK 41, 13050 SW 104TH AVENUE 70.00 (ADM. FEE)
PB 5, P 65, PUBLIC MIAMI, FL 33176-5502
RECORDS OF PALM BEACH
COUNTY, FL
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TOWN OF DELRAY, LOTS FREDDY MC CLOUD, ET AL $ 48.00
13 & 14, BLOCK 41, 13050 SW 104TH AVENUE 70.00 (ADM. FEE)
PB 5, P 65, PUBLIC MIAMI, FL 33176-5502
RECORDS OF PALM BEACH
COUNTY, FL
(NW 2ND AVENUE)
OSCEOLA PARK, LOTS 20 JOSEPH C. ARISTILDE & $ 69.00
& 21, BLOCK 6, PB 3, PROMESSE BIEN-AIME 70.00 (A/DM. FEE)
P 2, PUBLIC RECORDS OF 119 SE 6TH STREET
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(119 SE 6TH STREET)
DELRAY SHORES 1ST ADD, GLENN R. MEE, PA $ 24.00
LOT 18, BLOCK 15, 517 SW 1ST AVENUE 70.00 (ADM. FEE)
PB 28, P 2, PUBLIC FT. LAUDERDALE, FL 33301
RECORDS OF PALM BEACH
COUNTY, FL
(2655 DORSON WAY)
TOWN OF DELRAY, S 40 FT DELORES RIGGINS $ 51.00
OF N 256 FT OF E 135 FT A/K/A DELORES QUINCE 70.00 (ADM. FEE)
OF BLOCK 31, PB 1, P 3, 6395 SEMINOLE CIRCLE
PUBLIC RECORDS OF PALM LANTANA, FL 33462-2295
BEACH COUNTY, FL
(222 SW 4TH AVENUE)
TOWN OF DELRAY, LOT 22, J.W. & MARGARET YOUNG $ 43.00
BLOCK 32, PB 6, P 97, 317 SW 5TH AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(SW 4 TH AVENUE)
RIDGEWOOD HEIGHTS, RPI MANAGEMENT $ 51.00
DELRAY, LOT 23, BLOCK C, P.O. BOX 110637 70.00 (ADM. FEE)
PB 14, P 44, PUBLIC MIAMI, FL 33111-0637
RECORDS OF PALM BEACH
COUNTY, FL
(1106 SW 7TH AVENUE)
DELL PARK, LOT 18 & RICHARD M. & $ 16.00
W 25 FT OF LOT 19, SUSAN R. PATTISON 70.00 (ADM. FEE)
BLOCK 10, PB 8, P 56, & JANET C. RAYWOOD
PUBLIC RECORDS OF 7 NE 9TH STREET
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(7 NE 9TH STREET)
VIOLATION IS: SEC 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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