Res 83-96 RESOLUTION NO. 83-96
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 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 November 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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I
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 ~ ~9th day
of November , 1996. _~ ~
ATTEST:
C~ty C~er~ - - !
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRA¥ & S 75 FT ATUNE ENTERPRISES, INC. $ 69.00
OF BLK 39, PB 1, P 3, 3477 JUPITER BLVD. 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM PALM BAY, FL 32909-4102
BEACH COUNTY, FL
(315 SW 3RD STREET)
TOWN OF DELRAY, LOT 16, GRACE BARNETT $ 61.00
BLK 35, PB 1, P 3, 1401 39TH STREET 70.00 (A/DM. COST)
PUBLIC RECORDS OF PALM WEST PALM BEACH, FL
BEACH COUNTY, FL 33341-5217
(309 NW 1ST STREET)
ATLANTIC GARDENS DELRAY EVELYN CLINTON $ 61.00
LOT 19, BLK 10, PB 14, 114 SW 14TH AVENUE 70.00 (ADM. COST)
P 63, PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(SW 10TH A1rENUE)
DELL PARK, LOTS 3 & 4, RICHARD A. COURT $ 125.00
BLK 8, PB 8, P 56, 1012 NE 3RD AVENUE 60.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(1012 NE 3RD AVENUE)
SUB 17-46-43, E 50' OF JAQUEL DAWSON $ 62.75
W 583' OF 140' OF N 165' C/O ANNAS RETREAT 70.00 (ADM. COST)
OF N 1/2 OF NW 1/4 OF ESTATE TUTU
SW 1/4, PB 1, P 3, ST. THOMAS, FL 33462
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(1404 NW 2ND STREET)
WEST SIDE HEIGHTS, DELRAY, HATTIE HARDWICK, EST $ 61.00
LOT 4, BLK C, PB 13, P 61, c/o G. QUAIL 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM P.O. BOX 7043
BEACH COUNTY, FL NEW YORK, NY 10150-1908
(322 SW 5TH AVENUE)
TOWN OF DELRAY, N 50' OF ADELENE JENKINS $ 69.00
S 356.4' OF E 136' OF 336 SW 5TH AVENUE 70.00 (ADM. COST)
BLK 24, PB 1, P 3, DELRAY BEACH; FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(322 SW 5TH AVENUE)
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ATLANTIC PARK GARDENS, LENNARD & MEARLENE JOSEY $ 24.00
DELRAY, LOT 19, BLK 4, 505 SUNSET ROAD 70.00 (ADM. COST)
PB 14, P 56, PUBLIC BOYNTON BEACH, FL 33015
RECORDS OF PALM BEACH
COUNTY, FL
(226 & 228 SW 12TH AVENUE)
SOUTHRIDGE, P 1, LOT 29, MALCOLM LEVY $ 59.00
BLK 1, PB 13, P 38, 1601 MARINA ISLE WAY ~302 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM JUPITER, FL 33477
BEACH COUNTY, FL
(321 STERLING AVENUE)
TOWN OF DELRAY, S 150' FRED D. MCCOY & $ 99.00
OF W 135.5' OF BLK 26, AMERIFIRST 70.00 (ADM. COST)
PB 5, P 64, PUBLIC 17500 NW 68T}{ AVE. ~210
RECORDS OF PALM BEACH ~IIALEA/q, FL 33015-4044
COUNTY, FL
(415 NW 2ND STREET)
ATLANTIC PARK GARDENS, J.D. & EARLINE MONROE $ 51.00
DELRAY, LOT 19, BLK 2, 32 EARLE STREET 70.00 (ADM. COST)
PB 14, P 56, PUBLIC HARTFORD, CT 06120-1714
RECORDS OF PALM BEACH
COUNTY, FL
(39 SW 13TH AVENUE)
ATLANTIC PARK GARDENS, WILLA M. NIXON $ 24.00
DELRAY LOT 18, BLK 4, 292 CHESSER 70.00 (ADM. COST)
PB 5, P 56, PUBLIC HAWTHORNE, FL 32640
RECORDS OF PALM BEACH
COUNTY, FL
(222 SW 12TH AVENUE)
OSCEOLA PARK, E 15TH OF J.L.& MARGARET PATTERSON $ 15.00
LOT 2, BLK 5, PB 3, P 2, 4517 TENELLA ROAD 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM NEW BERN, NC 28562-7643
BEACH COUNTY, FL
(SE 5TH STREET)
LAKE FOREST SOUTH, LOT 46, PHENIX DEVELOPMENT CORP. $ 185.00
BLK 1, PB 43, P 152, OF BROWARD CO. 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM CARLOS M. GONZALES R/A FOR
BEACH COUNTY, FL 1700 N. UNIVERSITY DRIVE
(4155 NW 10TH STREET) CORAL SPRINGS, FL 33071
TOWN OF DELRAY, LOTS 7 WILLIE M. RICHARDSON $ 51.00
& 8, BLK 36, PB 5, P 38, c/o DOROTHY REEDER 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM 7 PATTON STREET
BEACH COUNTY, FL ISELIN, NJ 08830
(34 NW 3RD AVENUE)
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CARVER MEMORIAL PARK SUB. JTJLIA SIMMS $ 61.00
LOT 2, BLK A, PB 20, P 56 204 N.W. 13TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(204 N.W. 13TH AVENUE)
FAIRCRESTHEIGHTS AMND YOLLY P. VERZOSA $ 51.00
PLAT, LOT 53, PB 42, P 68. 1090 AMSTERDAM AVE. # 7K 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM NEW YORK, NY 10002-8103
BEACH COUNTY, FL
(2147 S.W. 36TH TERRACE)
ATLANTIC GARDENS DELRAY, E. & HENRY WILSON $ 51.00
LOT 23, BLK 6, PB 14, P.O. BOX 1678 70.00 (ADM. COST)
P 63, PUBLIC RECORDS DELRAY BEACH, FL 33447
OF PALM BEACH COUNTY, FL
(142 SW llTH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION
MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE
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