Res 01-95 RESOLUTION NO. 1-95
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 3rd day of January, 1995 has levied an
assessment against said property for the cost of abatement of said
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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 3rd day
of January , 1995.
ATTEST:
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COST OF ABATING NUISANCES UNDER C~IAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 6 & 7, BLOCK 15, LUCIUS SIMMONS $ 45.00
TOWN OF DELRAY, PLAT 1301 KANAB AVE., NW 70.00 (ADM. COST)
BOOK 13, PAGE 18, PUBLIC PkLM BAY, FL 32907 2.73 (RECORDING)
RECORDS OF PALM BEACH $117.73
COUNTY, FL
(SW 7TH AVENUE)
LOT 23, BLOCK 6, ATLANTIC E. & HENRY WILSON $ 45.00
GARDENS DELRAY, PLAT BOOK P.O. BOX 1676 70.00 (ADM. COST)
14, PAGE 63, PUBLIC RECORDS DELRAY BEACH, FL 2.73 (RECORDING)
OF PALM BEACH COUNTY, FL 33447-1676 $117.73
(142 SW llTH AVENUE)
LOT 7, BLOCK 61, (OLD LORI J. DURANTE $ 75.00
SCHOOL SQUARE HISTORIC 3655 HABERSHAM RD NE 70.00 (ADM. COST)
DISTRICT) , TOWN OF DELRAY, # 149 2.73 (RECORDING)
PLAT BOOK 1, PAGE 3, ATLANTA, GA 30305 $147.73
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(23 & 25 SW 1ST AVENUE)
E 10 FT OF LOT 101 & LOT JAMES JR. & CORA L. JONES $ 45.00
102, DELRAY MANOR ADDITION 701 SW 9TH STREET 70.00 (ADM. COST)
TO DELRAY, PLAT BOOK 12, DELRAY BEACH, FL 33444 2.73 (RECORDING)
PAGE 59, PUBLIC RECORDS $117.73
OF PALM BEACH COUNTY, FL
(701 SW 9TH STREET)
N 69.5' OF LOT 9, BLOCK DOROTHY MAGER $ 65.00
78, TOWN OF DELRAY, PLAT c/o GARTH MAGER 70.00 (ADM. COST)
BOOK 1, PAGE 3, PUBLIC 1704 HIGH RIDGE ROAD 2.73 (RECORDING)
RECORDS OF PALM BEACH LAKE WORTH, FL $137.73
COUNTY, FL 33461-6154
(102 SE 2ND AVENUE)
LOT 15, BLOCK A, TOURIST WILLIAM R. & $ 45.00
NOOK, DELRAY, PLAT BOOK 11, ERNESTINE JOHNSON 70.00 (ADM. COST)
PAGE 47, PUBLIC RECORDS 140 SW 4TH AVENUE 2.73 (RECORDING)
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 $117.73
(NW 10TH AVENUE)
E 1/8 OF W 1/2 OF N 1/2 KENNETH AUSTIN $ 57.50
OF LOT i/LESS N 1/2, 807 14TH STREET 70.00 (ADM. COST)
SUB. OF SEC. 20-46-43, WEST PALM BEACH, FL 2.73 (RECORDING)
PLAT BOOK 28, PAGE 68, 33401-2505 $130.23
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(SW 6TH AVENUE)
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RES. NO. 1-95
S 150' OF E 50' OF BLOCK H. & HAZEL CLEM $ 45.00
18 (LESS E 20' R/W), TOWN 3 SUMMER STREET 70.00 (ADM. COST)
OF DELRAY, PLAT BOOK 1, NORWALK, CT 06851-4503 2.73 (RECORDING)
PAGE 3, PUBLIC RECORDS OF $117.73
PALM BEACH COUNTY, FL
(NW 2ND STREET)
LOT 19, BLOCK 10, ATLANTIC EVELYN CLINTON $ 45.00
GARDENS, DELRAY, PLAT BOOK c/o SONYA HOLLEY 70.00 (ADM. COST)
14, PAGE 63, PUBLIC RECORDS 217 NW 7TH AVENUE 2.73 (RECORDING)
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL $117 . 73
(SW 10TH AVENUE) 33444-1674
S 50' OF N 200' OF W 135' LAURIE BAKER $ 45.00
OF BLOCK 20, TOWN OF DELRAY 330 WASHINGTON AVE. 70.00 (ADM. COST)
PLAT BOOK 1, PAGE 3, PUBLIC DELRAY BEACH, FL 2.73 (RECORDING)
RECORDS OF PALM BEACH 33444-1674 $117.73
COUNTY, FL
(33 NW 6TH AVENUE)
LOT 11, BLOCK 1, ROSEMONT TOMMY PRESTON $ 45.00
PARK, DELRAY, PLAT BOOK 13, 140 NW llTH AVENUE 70.00 (ADM. COST)
PAGE 60, PUBLIC RECORDS OF DELRAY BEACH, FL 33444 2.73 (RECORDING)
PALM BEACH COUNTY, FL $117.73
(SW 5TH AVENUE)
LOT 17, BLOCK 23, TOWN OF BERTHA PRESTON $ 50.00
DELRAY, PLAT BOOK 10, 1001 WEST 3RD STREET 70.00 (ADM. COST)
PAGE 69, PUBLIC RECORDS RIVIERA BEACH, FL 33404 2.73 (RECORDING)
OF PALM BEACH COUNTY, FL $117.73
(217 SW 6TH AVENUE)
W 1/2 OF LOT 29 (LESS N DALLAS E. DAILY, TR. $120.00
50' E 100' OF SLY 592.48' W21 BUTTONWOOD BAY CONDO. 70.00 (ADM. COST)
OF NLY 642.48'), SUB. SEC KEY LARGO, FL 33037-2128 2.73 (RECORDING)
20-46-43, PLAT BOOK 28, $192.73
PAGE 68, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(SW 10TH STREET)
LOT 53, FAIRCREST HEIGHTS YOLLY P. VERZOSA $ 42.50
AMND. PL., PLAT BOOK 42, 1090 AMSTERDAM AVE., #7K 70.00 (ADM. COST
PAGE 68, PUBLIC RECORDS NEW YORK, NY 10025-8103 2.73 (RECORDING
OF PALM BEACH COUNTY, FL $115.23
(2147 SW 36TH TERRACE)
LOT 8 (LESS N 20'), BLOCK 3 NETWORK FINANCIAL CORP. $ 35.00
LAKE IDA SHORES, PLAT BOOK 1489 W. PALMETTO PARK RD. 70.00 (ADM. COST
25, PAGE 54, PUBLIC RECORDS SUITE 300 2.73 (RECORDING
OF PALM BEACH COUNTY, FL BOCA RATON, FL 33486 $107.73
(532 NW 8TH AVENUE)
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RES. NO. 1-95
LOT 16, BLOCK 1, ATLANTIC BERTHA PALMER $ 45.00
PARK GARDENS, DELRAY, PLAT 35 NW 13TH AVENUE 70.00 (ADM. COST)
BOOK 14, PAGE 56, PUBLIC DELRAY BEACH, FL 33444 2.73 (RECORDING)
RECORDS OF PALM BEACH $117.73
COUNTY, FL
(35 NW 13TH AVENUE)
LOT 22, BLOCK 32, TOWN OF J. W & MARGARET YOUNG $ 37.50
DELRAY, PLAT BOOK 10, 317 SW 5T~I AVENUE 70.00 (ADM. COST)
PAGE 38, PUBLIC RECORDS DELRAY BEACH, FL 33444 2.73 (RECORDING)
OF PALM BEACH COUNTY, FL $110.23
(SW 4TH AVENUE)
N 50' OF S 356.4' OF E 135' ADELENE JENKINS $ 45.00
OF BLOCK 24, TOWN OF DELRAY 336 SW 5TH AVENUE 70.00 (ADM. COST)
PLAT BOOK 1, PAGE 3, PUBLIC DELRAY BEACH, FL 33444 2.73 (RECORDING)
RECORDS OF PALM BEACH $117.73
COUNTY, FL
(322 SW 5TH AVENUE)
LOT 17, BLOCK 1, ATLANTIC HELENA SMITH $ 45.00
PARK GARDENS, DELRAY, 10404 PIPPIN LANE 70.00 (ADM. COST)
PLAT BOOK 14, PAGE 63, ROYAL PALM BEACH, FL 2.73 (RECORDING)
PUBLIC RECORDS OF PALM 33411-3017 $117.73
BEACH COUNTY, FL
(37 NW 13TH AVENUE)
LOT 13, BLOCK 2, ATLANTIC DAISY M. RAY $ 45.00
PARK GARDENS, PLAT BOOK 14, P. O. BOX 74 70.00 (ADM. COST)
PAGE 56, PUBLIC RECORDS LENOX, GA 31637 2.73 (RECORDING)
OF PALM BEACH COUNTY, FL $117.73
(17 SW 13TH AVENUE)
LOTS 22 TO 26, INC., ALVAN E. MCFORD $ 57.50
BLOCK 15, TOWN OF DELRAY, 17831 NW 47TH AVENUE 70.00 (ADM. COST)
PLAT BOOK 13, PAGE 18, CAROL CITY, FL 33055-3255 2.73 (RECORDING)
PUBLIC RECORDS OF PALM $130 23
BEACH COUNTY, FL
(SW 7TH AVENUE)
LOT 21, BLOCK B, TOURIST RUSSELL E. BROWN $ 37.50
NOOK, DELRAY, PLAT BOOK 11, c/o JUNE DIMON 70.00 (ADM. COST
PAGE 47, PUBLIC RECORDS 9720 WILLOW ROAD 2.73 (RECORDING
OF PALM BEACH COUNTY, FL WILLIS, MI 48191-9727 $110.23
(NW 8TH AVENUE)
LOT 19, SUNDY & TENBROOK J.E. & KAY B. WOMACK $ 35.00
ADDITION TO DELRAY, LOT 19, P. O. BOX 2493 70.00 (ADM. COST)
PLAT BOOK 12, PAGE 32, DELRAY BEACH, FL 2.73 (RECORDING)
PUBLIC RECORDS OF PALM 33447-2493 $107.73
BEACH COUNTY, FL
(SW 4TH AVENUE)
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RES. NO. 1-95
S 201.87' OF NE 1/4 OF RICHARD CRITCHFIELD, TR. $ 35.00
LOT 8 (LESS E 25' RD R/W), 746 MARBLE WAY 70.00 (ADM. COST)
SUB. OF SEC. 20-46-43, BOCA RATON, FL 33432-3018 2.73 (RECORDING)
PLAT BOOK 28, PAGE 68, $107.73
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(SW 4TH AVENUE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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RES. NO. 1-95