Res 74-95 RESOLUTION NO. 74-95
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
not'ice and Chapter 100 of the Code of Ordinances, or
prescribed in said ' '
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 24th day of October, 1995 has levied an
assessment against ~aid 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. 74-95
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 pa~ent 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 MD ~OPTED in regular session on this the 24th day
ATTEST:
.... Ci~ Cler~
- 3 - Res. No. 74-95
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, S 40 FT DELORES RIGGINS $ 66.00
OF N 256 FT OF E 135 FT 1761 2ND AVENUE NORTH 70.00 (ADM. FEE)
OF BLOCK 31, PLAT BOOK 1, LAKE WORTH, FL 33460 2.67 (RECORDING
PAGE 3, PUBLIC RECORDS OF $138.67
PALM BEACH COUNTY, FL
(200 SW 4TH AVENUE)
ATLANTIC GARDENS, DELRAY, ANGIE M & MAGGIE L.WATT $ 77.25
LOT 1, BLOCK 9, PLAT BOOK 336 SW 5TH AVENUE 70.00 (ADM. FEE)
14, PAGE 63, PUBLIC RECORDS DELRAY BEACH, FL 33445 2.67 (RECORDING
OF PALM BEACH COUNTY, FL $149.92
(SW llTH AVENUE)
TOWN OF DELRAY, W 1/2 OF ALBERT MARTIN & $ 37.00
LOT 7, BLOCK 30, PLAT MARYLIN S. BARON 70.00 (ADM. FEE)
BOOK 1, PAGE 3, P.O. BOX 414002 2.67
PUBLIC RECORDS OF PALM MIAMI BEACH, FL 33141 $109.67
BEACH COUNTY, FL
(SW 5TH AVENUE)
RIDGEWOOD HEIGHTS, DELRAY, MADELAINE S. SANTIAGO $ 41.00
E 41 FT OF LOT 2, BLOCK D, 1105 1/2 SW 7TH AVENUE 70.00 (ADM. FEE)
PLAT BOOK 14, PAGE 4, DELRAY BEACH, FL 33444 2.67 (RECORDING
PUBLIC RECORDS OF PALM $113.67
BEACH COUNTY, FL
(1005 1/2 SW 7TH AVENUE)
TOWN OF DELRAY, LOTS 7 & 8, WILLIE M. RICHARDSON $ 56.00
BLOCK 36, PLAT BOOK 5, c/o DOROTHY REEDER 70.00 (ADM. FEE)
PAGE 38, PUBLIC RECORDS 7 PATTON STREET 2.67 (RECORDING
OF PALM BEACH COUNTY, FL ISELIN, NJ 08830 $128.67
(34 NW 3RD AVENUE)
SOUTHRIDGE, LOTS 14 TO 16, ESTERVINA MOREDA $ 66.63
INC., BLOCK 1, PLAT BOOK 3524 CHATELAINE BLVD. 70~00 (ADM. FEE)
13, PAGE 38, PUBLIC RECORDS DELRAY BEACH, FL 33445 2.67 (RECORDING)
OF PALM BEACH COUNTY, FL $139.30
(REIGLE AVENUE)
SOUTHRIDGE, LOTS 17 TO 20, ESTERVINA MOREDA $ 75.38
INC., BLOCK 1, PLAT BOOK 3524 CHATELAINE BLVD. 70.00 (ADM. FEE)
13, PAGE 38, PUBLIC RECORDS DELRAY BEACH, FL 33445 2.67 (RECORDING)
OF PALM BEACH COUNTY, FL $148.05
(REIGLE AVENUE) '~
RES. NO. 74-95
SUNSET PARK, DELRAY, ENIQUE C. & AMPARO RAMOS $ 67.00
LOT 51, PLAT BOOK 12, c/o PABLE & JANIE T.RAMOS 70.00 (ADM. FEE)
PAGE 65, PUBLIC RECORDS 5250 BENJAMIN AVENUE 2.67 (RECORDING
OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33437 $139.67
(1015 MANGO DRIVE)
HOMEWOOD PARK REPLAT, DAVID B. HOFER $ 56.00
LOT 26, PLAT BOOK 27, 640 EAST DRIVE 70.00 (A/DM. FEE)
PAGE 81, PUBLIC RECORDS DELRAY BEACH, FL 33445 2.67 (RECORDING
OF PALM BEACH COUNTY, FL $128.67
(640 EAST DRIVE)
TOWN OF DELRAY, S 75 FT ATUNE ENTERPRISES INC. $ 56.00
OF W 135.6 FT OF BLOCK 39, 3477 JUPITER BLVD. 70.00 (A/DM. FEE)
PLAT BOOK 1, PAGE 3, PALM BAY, FL 32909-4102 2.67 (RECORDING)
PUBLIC RECORDS OF PALM $128.67
BEACH COUNTY, FL
(315 SW 3RD STREET)
SELLERS ADDITION, DELRAY WILHERME ESTIMON & $ 16.00
BEACH, W 57.5 FT OF LOT 9, ESTIVERNE CLEUS 70.00 (ADM. FEE)
PLAT BOOK 22, PAGE 17, 124 SW 6TH STREET 2.67 (RECORDING
PUBLIC RECORDS OF PALM DELRAY BEACH, FL $ 88.67
BEACH COUNTY, FL 33444-3541
(124 SW 6TH STREET)
TOWN OF DELRAY, S 150 FT FRED D. MC COY & $ 56.77
W 135.5 FT. OF BLOCK 26, AMERIFIRST 70.00 (ADM. FEE)
PLAT BOOK 5, PAGE 64, 17500 NW 68TH AVE. #210 2.67 (RECORDING
PUBLIC RECORDS OF PALM HIALEAH, FL 33015-4044 $129.44
BEACH COUNTY, FL
(415 NW 2ND STREET)
LINCOLN PARK, DELRAY, DAVID E. DAYS $ 56.00
LOT 29, PLAT BOOK 23, 1900 NW 187TH TERRACE 70.00 (ADM. FEE)
PAGE 160, PUBLIC RECORDS MIAMI, FL 33056-2832 2.67 (RECORDING)
OF PALM BEACH COUNTY, FL $128.67
(119 SW 9TH AVENUE)
SOPHIA FREY ADDITION, PALM BEACH HORIZONS, INC. $ 32.00
LOTS 8 & 9, (LESS RD R/W), c/o ROBERT D. AEBERSOLD, 70.00 (ADM. FEE)
BLOCK 2, PLAT BOOK 4, PENSION TRUST ET AL 2.67 (RECORDING)
PAGE 37, PUBLIC RECORDS 701 NORTH 13TH STREET $104.67
OF PALM BEACH COUNTY, FL SUITE B - 1
(911 N. FEDERAL HWY. ) BOCA RATON, FL 33486
TOWN OF DELRAY, LOT 23, GRACE BARNETT $ 51.00
BLOCK 23, PLAT BOOK 10, 1401 39TH STREET 70.00 (A/DM. FEE)
PAGE 69, PUBLIC RECORDS WEST PALM BEACH, FL 2.67 (RECORDING)
OF PALM BEACH COUNTY, F,L 33407-3631 $123.67
(509 SW 3RD STREET) '~
RES. NO. 74-95
ATLANTIC PARK GARDENS, J. D. & EARLINE MONROE $ 51.00
DELRAY, LOT 19, BLOCK 2, 32 EARLE STREET 70.00 (ADM. FEE)
PLAT BOOK 14, PAGE 56, HARTFORD, CT 06120-1714 2.67 (RECORDING
PUBLIC RECORDS OF PALM $123.67
BEACH COUNTY, FL
(39 SW 13TH AVENUE)
TOWN OF DELRAY, W 55 FT MARIE QUINCE $ 51.00
OF LOTS 11 & 12, BLOCK 23, 506 SW 14TH AVENUE 70.00 (ADM. FEE)
PLAT BOOK 10, PAGE 69, DELRAY BEACH, FL 33444 2.67 (RECORDING
PUBLIC RECORDS OF PALM $123.67
BEACH COUNTY, FL
(SW 3RD STREET)
OSCEOLA PARK, LOT 11, BERTHA G. GRAUSSO $ 56.00
BLOCK 7, PLAT BOOK 3, 500 GROVE AVENUE 70.00 (ADM. FEE)
PAGE 2, PUBLIC RECORDS EDISON, NJ 08820 2.67 (RECORDING
OF PALM BEACH COUNTY, FL $128.67
(631 SE 3RD AVENUE)
LINCOLN ATLANTIC PARK BUYING SELLING & $140.60
GARDENS, LOTS 13 TO 19, RENOVATING PROPERTIES,INC. 70.00 (ADM. FEE)
INC., PLAT BOOK 23, 450 NE 10TH STREET 2.67 (RECORDING
PAGE 226, PUBLIC RECORDS BOCA RATON, FL 33432 $213.27
OF PALM BEACH COUNTY, FL
(102 SW 13TH AVENUE)
HOMEWOOD PARK REPLAT, DAVID B. HOFER $ 50.00
LOT 26, PLAT BOOK 27, 640 EAST DRIVE 70.00 (ADM. FEE)
PAGE 81, PUBLIC RECORDS DELRAY BEACH, FL 33445 2.67 (RECORDING
OF PALM BEACH COUNTY, FL $122.67
(640 EAST DRIVE)
SILVER TERRACE, DELRAY, L.D. TERRY $ 43.00
LOT 3, BLOCK 2, PLAT 3111 SW RUCKS DAIRY RD. 70.00 (ADM. FEE)
BOOK 11, PAGE 61, PUBLIC OKEECHOBEE, FL 2.67 (RECORDING
RECORDS OF PALM BEACH 34974-8639 $115.67
COUNTY, FL
(1107 SOUTH DIXIE HWY.)
SILVER TERRACE, DELRAY, L. D. TERRY $ 56.00
LOTS 4 & 5, BLOCK 2, 3111 SW RUCKS DAIRY RD. 70.00 (ADM. FEE)
PLAT BOOK 11, PAGE 61, OKEECHOBEE, FL 2.67 (RECORDING
PUBLIC RECORDS OF PALM 34974-8639 $128.67
BEACH COUNTY, FL
(1205 SOUTH DIXIE HWY.)
RES. NO. 74-95
17-46-43, E 50 FT OF JACQUEL DAWSON $ 63.68
W 583 FT OF S 140 FT C/O ANNA'S RETREAT 70.00 (ADM. FEE)
OF N 165 FT OF N 1/2 OF ESTATE TUTU ~ E-7 2.67 (RECORDING
NW 1/4 OF SW 1/4 OF NW ST. THOMAS, VI 00801 $136.35
1/4, PLAT BOOK 1, PAGE 3,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(1404 NW 2ND STREET)
TOWN OF DELRAY, LOT 18, MATILDA JOHNSON $ 51.00
BLOCK 23, PLAT BOOK 10, 225 SW 6TH AVENUE 70.00 (ADM. FEE)
PAGE 69, PUBLIC RECORDS DELRAY BEACH, FL 2 . 67 (RECORDING
OF PALM BEACH COUNTY, FL 33444-2537 $123.67
(225 SW 6TH AVENUE)
LAKE IDA SHORES, LOT 8 NETWORK FINANCIAL CORP. $100.00
(LESS N 20 FT) BLOCK 3, 1489 W. PALMETTO PARK RD. 70.00 (ADM. FEE)
PLAT BOOK 25, PAGE 54, SUITE 300 2.67 (RECORDING
PUBLIC RECORDS OF PALM BOCA RATON, FL 33486 $172.67
BEACH COUNTY, FL
(532 NW 8TH AVENUE)
TOWN OF DELRAY, LOTS 6 LUCIUS SIMMONS $ 51.00
& 7, BLOCK 15, PLAT BOOK 1301 KANAB AVE, NW 70.00 (ADM. FEE)
13, PAGE 18, PUBLIC PALM BAY, FL 31907 2.67 (RECORDING
RECORDS OF PALM BEACH $123.67
COUNTY, FL
( SW 7TH AVENUE)
OSCEOLA PARK, E 15 FT OF J.L. & MARGARET PATTERSON $ 25.00
LOT 2, BLOCK 5, PLAT BOOK 4517 TENELLA ROAD 70.00 (ADM. FEE)
3, PAGE 2, PUBLIC RECORDS NEW BERN, NC 28562-7643 2.67 (RECORDING
OF PALM BEACH COUNTY, FL $ 97.67
(SE 5TH STREET)
SUNDY & TENBROOK ADDITION J.E. & KAY B. WOMACK $ 41.00
TO DELRAY, LOT 19, PLAT P.O. BOX 2493 70.00 (ADM-. FEE)
BOOK 5, PAGE 65, PUBLIC DELRAY BEACH, FL 2.67 (RECORDING
RECORDS OF PALM BEACH 33447-2493 113.67
COUNTY, FL
(NW 2ND AVENUE )
TOWN OF DELRAY, LOTS 13 & FREDDY MC CLOUD ET AL $ 71.68
14, BLOCK 41, PLAT BOOK 5, 13050 SW 104TH AVENUE 70.00 (ADM. FEE)
PAGE 65, PUBLIC RECORDS MIAMI, FL 33176-5502 2.67 (RECORDING
OF PALM BEACH COUNTY, FL $144.35
(NW 2ND AVENUE)
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED A
NUISANCE.
RES. NO. 74-95