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Res 06-95 RESOLUTION NO. 6-95 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, W/qEREAS, 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 7th da~of February, 1995 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. 6-95 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 ?th day of February , 1995. ATTEST: - 3 - Res. No. 6-95 COST OF ABATING NUISANCES UNDER CF_APTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOTS 17 TO 20, INC., ESTERVINA MOREDA $ 89.75 BLOCK 1, SOUTHRIDGE P.O. BOX 1953 70.00 (ADM. COST) PLAT BOOK 13, PAGE 30, DELRAY BEACH, FL 2.40 (RECORDING) PUBLIC RECORDS OF PALM 33447-1953 $162.15 BEACH COUNTY, FL (REIGLE AVENUE) LOT 54, SUNSET PARK, TOMASA CRUZ $ 45.00 DELRAY, PLAT BOOK 12, 409 NW 7TH COURT 70.00 (ADM. COST) PAGE 65, PUBLIC RECORDS BOYNTON BEACH, FL 2.40 (RECORDING) OF PALM BEACH COUNTY, FL 33426-3622 $117.40 (MANGO DRIVE) E37.3' OF W62.3' OF S93' HENRY R. DAVIS $ 45.00 OF BLOCK 11, TOWN OF 301 SW 8TH COURT 70.00 (ADM. COST) DELRAY, PLAT BOOK 1, DELRAY BEACH, FL 2.40 (RECORDING) PAGE 3, PUBLIC RECORDS 33444-2321 $117.40 OF PALM BEACH COUNTY, FL (621 NW 1ST STREET) S50' OF N250' OF W135.5 OF MARY C. DAVIS $ 45.00 BLOCK 20, TOWN OF DELRAY, P.O. BOX 6 70.00 (ADM. COST) PLAT BOOK 1, PAGE 3, DIXIE, GA 31629-006 2.40 (RECORDING) PUBLIC RECORDS OF PALM $117.40 BEACH COUNTY, FL (31 NW 6TH AVENUE) S150' OF W135.5' OF BLOCK MARY J. GREEN $ 58.25 26, TOWN OF DELRAY, PLAT c/o AMERIFIRST 70.00 (ADM. COST) BOOK 5, PAGE 64, PUBLIC 17500 NW 68TH AVENUE #210 2.40 (RECORDING) RECORDS OF PALM BEACH HIALEAH, FL 33015-4044 $130.65 COUNTY, FL (415 NW 2ND STREET) S50' OF N212' OF W143' OF WADE DEVELOPMENT $ 37.50 BLOCK 18, TOWN OF DELl{AY, 7575 DR. PHILLIPS BLVD. 70.00 (ADM. COST) PLAT BOOK 1, PAGE 3, # 320 2.40 (RECORDING) PUBLIC RECORDS, OF PALM ORLANDO, FL 32819-7221 $109.90 BEACH COUNTY, FL (235 NW 6TH AVENUE) LOT 13, BLOCK B, Ci~RVER FIDELITY MFG $ 45.00 MEMORIAL PARK SUB., PLAT 6677 LAKE WORTH ROAD 70.00 (ADM. COST) BOOK 20, PAGE 56, PUBLIC LAKE WORTH, FL 33471-1507 2.40 (RECORDING) RECORDS OF PALM BEACH $117.40 COUNTY, FL (NW 14TH AVE. & NW 3RD ST) RES NO. 6-95 LOT 24, BLOCK 12, MONROE WILLIS LANE $ 45.00 SUB., PLAT BOOK 14, PAGE 1050 DOTTERAL ROAD 70.00 (ADM. COST) 67, PUBLIC RECORDS OF DELRAY BEACH, FL 33444 2.40 (RECORDING) PALM BEACH COUNTY, FL $117.40 (31 NW 7TH AVENUE) LOT 9, BLOCK 10, ATLANTIC WADE DEVELOPMENT $ 45.00 GARDENS, DELRAY, PLAT 7575 DR. PHILLIPS BLVD. 70.00 (ADM. COST) BOOK 14, PAGE 63, PUBLIC % 320 2.40 (RECORDING) RECORDS OF PALM BEACH ORLANDO, FL 32819-7221 $117.40 COUNTY, FL (233 SW llTH AVENUE) LOT 3, BLOCK 2, SILVER L. D. TERRY $ 45.00 TERRACE DELRAY, PLAT 3111 SW RUCKS DAIRY RD. 70.00 (ADM. COST) BOOK 11, PAGE 61, PUBLIC OKEECHOBEE, FL 34974-8639 2.40 (RECORDING) RECORDS OF PALM BEACH $117.40 COUNTY, FL (1107 SOUTH DIXIE HWY.) LOTS 4 & 5, BLOCK 2, L.D. TERRY $ 50.00 SILVER TERRACE, DELRAY, 3111 SW RUCKS DAIRY RD. 70.00 (ADM. COST) PLAT BOOK 11, PAGE 61, OKEECHOBEE, FL 34974-8639 2.40 (RECORDING) PUBLIC RECORDS OF PALM $122.40 BEACH COUNTY, FL (1205 SOUTH DIXIE HWY.) LOTS 2 & 3, BLOCK 4, ROGER M. COFFEY $ 50.00 ATLANTIC PARK GARDENS, 1502 NW 85TH STREET 70.00 (;%DM. COST) PLAT BOOK 14, PAGE 56, MIAMI, FL 33147-4340 2.40 (RECORDING) PUBLIC RECORDS OF PALM $122.40 BEACH COUNTY, FL (SW 13TH AVENUE) LOT 6, BLOCK 3, ROSEMONT WADE DEVELOPMENT $ 45.00 PARK, DELRAY, PLAT BOOK 7575 DR. PHILLIPS BLVD. 70.00 (ADM. COST) 13, PAGE 60, PUBLIC %320 2.40 (RECORDING) RECORDS OF PALM BEACH ORLANDO, FL 32819-7221 $117.40 COUNTY, FL (623 SW 6TH AVENUE) LOT 5, BLOCK 4, ATLANTIC ROGER M. COFFEY $ 50.00 PARK GARDENS, DELRAY, 1502 NW 85TH STREET 70.00 (ADM. COST) PLAT BOOK 14, PAGE 56, MIAMI, FL 33147-4340 2.40 (RECORDING) PUBLIC RECORDS OF PALM $122.40 BEACH COUNTY, FL (SW 13TH AVENUE) LOT 23, BLOCK 23, TOWN GRACE BARNETT $120.00 OF DELRAY, PLAT BOOK 10, 1401 39TH STREET 70.00 (ADM. COST) PAGE 69, PUBLIC RECORDS WEST PALM BEACH, FL 2.40 (RECORDING) OF PALM BEACH COUNTY, FL 33407-3631 $192.40 (509 SW 3RD COURT) RES NO. 6-95 - 5 - W55' OF LOTS 11 & 12, MARIE QUINCE $120.00 BLOCK 23, TOWN OF DELRAY, 506 SW 14TH AVENUE 70.00 (ADM. COST) PLAT BOOK 10, PAGE 69, DELRAY BEACH, FL 2.40 (RECORDING) PUBLIC RECORDS OF PALM $192.40 BEACH COUNTY, FL (SW 3RD ST. & SW 5TH AVE.) LOT 4 (LESS W550' & N80.4') WILLIAM A. AND $ 45.00 CREGO SUB. AMEND. PLAT 3, ELIZABETH B. PERRY 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 38 HIGH AVENUE 2.40 (RECORDING) BEACH COUNTY, FL NYACK, NY 10960-2102 $117.40 (316 NORTH OCEAN BLVD.) LOT 24, BLOCK 3, ROSEMONT SHIRLEY JACKSON $ 22.50 PARK DELRAY, PLAT BOOK 13, 602 SW 5TH AVENUE 70.00 (ADM. COST) PAGE 60, PUBLIC RECORDS DELRAY BEACH, FL 2.40 (RECORDING) OF PALM BEACH COUNTY, FL 33444-2412 $ 94.90 (602 SW 5TH AVENUE) LOT 3, BLOCK 47, TOWN OF ROBERT G. & PATRICIA ALLEN $ 45.00 DELRAY, PLAT BOOK 12, 206 SW 2ND AVENUE 70.00 (ADM. COST) PAGE 81, PUBLIC RECORDS DELRAY BEACH, FL 33444-3648 2.40 (RECORDING) OF PALM BEACH COUNTY, FL $117.40 (206 SW 2ND AVENUE) E41' OF LOT 2, BLOCK D, MADELAINE S. SANTIAGO $ 35.00 RIDGEWOOD HEIGHTS DELRAY, 1105 & 1/2 SW 7TH AVE. 70.00 (ADM. COST) PLAT BOOK 14, PAGE 44, DELRAY BEACH, FL 33444-7757 2.40 (RECORDING) PUBLIC RECORDS OF PALM $107.40 BEACH COUNTY, FL (1105 & 1/2 SW 7TH AVENUE) LOT 3, BLOCK 25, TOWN OF LUCILLE H. KING $ 45.00 DELRAY, PLAT BOOK 5, PAGE c/o A. STILES JR. 70.00 (ADM. COST) 2, PUBLIC RECORDS OF PALM 657 EAST 102ND STREET 2.40 (RECORDING) BEACH COUNTY, FL CLEVELAND, OH 44108-1325 $117.40 (329 NW 5TH AVENUE) LOTS 32 & 33, BLOCK 15, VERA F. GIBSON $ 45.00 TOWN OF DELRAY, PLAT P. O. BOX 66 70.00 (A/DM. COST) BOOK 13, PAGE 18, INKSTER, MI 48141-0066 2.40 (RECORDING) PUBLIC RECORDS OF PALM $117.40 BEACH COUNTY, FL (SW 6TH AVENUE) S150' OF W135.5' OF BLOCK FRED D. MCCOY & $ 52.25 26, TOWN OF DELRAY, PLAT AMERIFIRST 70.00 (ADM. COST) BOOK 5, PAGE 64, PUBLIC 17500 NW 68TH AVE. #210 2.40 (RECORDING) RECORDS OF PALM BEACH HIALEAH, FL 33015-4044 $124.65 COUNTY, FL (415 ~ 2ND STREET) RES NO. 6-95 -6 ~ N100' OF El30' OF S1/2' ETHEL M. PITTMAN ESTATE $ 57.50 OF BLOCK 12, PLAT BOOK 1, C/O H. S. FITZGERALD 70.00 (ADM. COST) PAGE 3, PUBLIC RECORDS OF 1341 6TH STREET 2.40 (RECORDING) PALM BEACH COUNTY, FL WEST PALM BEACH, FL $129.90 (18-24 NW 6TH AVENUE) 33401-3127 LOTS 1 & 2/LESS N15' ROAD VALENTINE & FRANCES GABALDON $45.00 R/W, BLOCK B, RIDGEWOOD 328 4TH STREET 70.00 (ADM. COST) HEIGHTS DELRAY, PLAT BOOK WEST PALM BEACH, FL 2.40 (RECORDING) 14, PAGE 44, PUBLIC 33401-4206 $117.40 RECORDS OF PALM BEACH COUNTY, FL (702 SW 10TH STREET) S50' OF N300' OF W135' T. & OLETHA JONES $ 45.00 BLOCK 33, TOWN OF P.O. BOX 1571 70.00 (ADM. COST) DELRAY, PLAT BOOK 1, DELRAY BEACH, FL 33447 2.40 (RECORDING) PAGE 3, PUBLIC RECORDS $117.40 OF PALM BEACH COUNTY, FL (NW 4 TH AVENUE) El5' OF LOT 2, BLOCK 5, J.L.& MARGARET PATTERSON $ 27.50 OSCEOLA PARK, PLAT BOOK 3, 4517 TENELLA ROAD 70.00 (ADM. COST) PUBLIC RECORDS OF PALM NEW BERN, NC 28562-7643 2.40 (RECORDING) BEACH COUNTY, FL $ 99.90 (SE 5TH STREET) ALL OF PLAT, CORNICHE, CRAFT DEVELOPMENT II, INC. $ 59.75 PLAT BOOK 53, PAGE 28, 18559 LONG LAKE DRIVE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM BOCA RATON, FL 33496-1936 2.40 (RECORDING) BEACH COUNTY, FL $132 . 15 (SE 6TH AVENUE) LOT 4, CLINTON & MORGAN WADE DEVELOPMENT, INC. $ 50.00 SUB., PLAT BOOK 59, 7575 DR. PHILLIPS BLVD. 70.00 (ADM. COST) PAGE 138, PUBLIC RECORDS # 320 2.40 (RECORDING) OF PALM BEACH COUNTY, FL ORLANDO, FL 32819-7221 $122.40 (244 NW 5TH AVENUE) W50' OF S100' OF Sl/2/LESS CHURCH OF THE LIVING GOD $ 45.00 RD R/W, BLOCK 16, TOWN OF NEW MACEDONIA 70.00 (ADM. COST) DELRAY, PLAT BOOK 1, 610 SW 4TH STREET 2.40 (RECORDING) PAGE 3, PUBLIC RECORDS DELRAY BEACH, FL $117 . 40 OF PALM BEACH COUNTY, FL 33444-2424 (SW 6 TH AVENUE ) S3' OF LOT 4, LOTS 5, 6, ANGELINE K. VOSSOS $ 65.00 7 & 8, N3' OF LOT 9 3897 EAST OLD BOMBING 70.00 (ADM. COST) (LESS W5' RD R/W) RANGE ROAD 2.40 (RECORDING) BLOCK 111, PLAT BOOK 13, AVON PARK, FL $137.40 PAGE 46, PUBLIC RECORDS 33825-9791 OF PALM BEACH COUNTY, FL (225 SE 5TH AVENUE) RES NO. 6-95 -- 7 -- LOT 18, BLOCK 12, MONROE ITT RESIDENTIAL CAPITAL CORP$ 45.00 SUB., PLAT BOOK 14, PAGE 3300 N. TORREY PINES COURT 70.00 (ADM.COST) 67, PUBLIC RECORDS OF LA JOLLA, CA 92037-1021 2.40 (RECORDING PALM BEACH COUNTY, FL $117.40 (28 & 30 NW 6TH AVENUE) LOTS 28 & 29, BLOCK 29, CHARLES TERRY $ 35.00 RESUB. OF BLOCK 29, 39 SW 9TH AVE. APT. 3 70.00 (ADM.COST DELRAY BEACH, PLAT BOOK DELRAY BEACH, FL 2.40 (RECORDING) 9, PAGE 66, PUBLIC 33444-2549 $107.40 RECORDS OF PALM BEACH COUNTY, FL (95 SW 5TH AVENUE) VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED A NUISANCE RES NO. 6-95