Res 81-95 RESOLUTION NO. 81-95
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) day's 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 ?th day of November, 1995 has levied an
assessment against ~aid property for the cost of abatement of said
nuisance by the City, %nd 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. 81-95
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 six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived 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 certi-
fied 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 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the 7th day
of November , 1995.
ATTEST:
~£ty Cl~rk
- 3 - Res. No. 81-95
COST OF ABATING NUISANCES UNDER CI-IAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, S40 FT DELORES RIGGINS $ 51.00
OF N256 FT OF E135 FT 1761 2ND AVENUE NORTH 70.00 (ADM. FEE)
OF BLOCK 31, PLAT BOOK, LAKE WORTH, FL 33460 3.92 (RECORDING
1, PAGE 3, PUBLIC $124.92
RECORDS OF PALM BEACH
COUNTY, FL
(220 SW 4TH AVENUE)
DELR_AY BEACH ESTATES, GERALD J. SOLOMON $ 51.38
LOT 40, PLAT BOOK 21, 17096 NORTHWAY CIRCLE 70.00 (A/DM. FEE)
PAGE 13, PUBLIC BOCA RATON, FL 33496 3.92 (RECORDING
RECORDS OF PALM BEACH $125.30
COUNTY, FL
(2213 NO. FEDERAL HWY.)
TOWN OF DELRAY, W1/2 ALBERT MARTIN & $ 33.00
OF LOT 7, BLOCK 30, MARYLIN S. BARON 70.00 (ADM. FEE)
PLAT BOOK 1, PAGE 3, P. O. BOX 414002 3.92 (RECORDING
PUBLIC RECORDS OF MIAMI BEACH, FL 33141-0002 $106.92
PALM BEACH COUNTY, FL
(SW 5TH AVENUE)
PRIEST'S ADDITION TO EARLENE MORGAN & $ 51.00
ATLANTIC PARK GARDENS, ALEX P. FRANCOIS 70.00 (ADM. FEE)
LOT 22, BLOCK 4, 46 NW 12TH AVENUE 3.92 (RECORDING
PLAT BOOK 23, PAGE 70, DELRAY BEACH, FL 33444-1644 $124.92
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(238 SW 13TH AVENUE)
ATLANTIC GARDENS, E. & HENRY WILSON $ 51.00
DELRAY, LOT 23, BLOCK P. O. BOX 1676 70.00 (ADM. FEE)
6, PLAT BOOK 14, PAGE DELRAY BEACH, FL 33447-1676 3.92 (RECORDING
56, PUBLIC RECORDS OF $124.92
PALM BEACH COUNTY, FL
(142 SW llTH AVENUE)
ATLANTIC GARDENS, P. & GENEVA ROBINSON $ 51.00
DELRAY, LOT 6, BLOCK 9, E., JR. & DELORES JOHNSON 70.00 (ADM. FEE)
PLAT BOOK 14, PAGE 63, 322 NW 3RD STREET 3.92 (RECORDING)
PUBLIC RECORDS OF PALM BOYNTON BEACH, FL 33435-4029 $124.92
BEACH COUNTY, FL
(SW llTH AVENUE)
RES. NO. 81-95
SOUTHRIDGE, LOT 29, ROBERT ASSANTES & $ 51.00
BLOCK 1, PLAT BOOK 13, FRED WENISCH 70.00 (ADM. FEE)
PAGE 38, PUBLIC RECORDS 1228 SW 4TH COURT 3.92 (RECORDING
RECORDS OF PALM BEACH BOCA RATON, FL 33432-7131 $124.92
COUNTY, FL
(321 STERLING AVENUE)
RESUB. OF S1/2 OF SHIRLEY T. WILLIAMS & $ 56.00
BLOCK 38 & N1/2 OF O. B. THOMAS 70.00 (ADM. FEE)
BLOCK 39, PLAT BOOK 816 SW 3RD COURT 3.92 (RECORDING
11, PAGE 34, PUBLIC DELRAY BEACH, FL 33444-4435 $129.92
RECORDS OF PALM BEACH
COUNTY, FL
(222 SW 3RD AVENUE)
TOWN OF DELRAY, S75 FT ATUNE ENTERPRISES, INC. $ 56.00
OF W135o6 FT OF BLOCK 3477 JUPITER BLVD. 70.00 (ADM. FEE)
39, PLAT BOOK 11, PALM BAY, FL 32909-4102 3.92 (RECORDING
PAGE 34, PUBLIC $129.92
RECORDS OF PALM BEACH
COUNTY, FL
(315 SW 3RD STREET)
OSCEOLA PARK, LOT 37, CHARRY DIEUDONNE & $ 65.00
BLOCK 7, PLAT BOOK 3, CADONNE AMBROISE 70.00 (ADM. FEE)
PAGE 2, PUBLIC RECORDS 602 SE 2ND AVENUE 3.92 (RECORDING
OF PALM BEACH COUNTY, DELRAY BEACH, FL 33483-4404 $138.92
FL
(602 SE 2ND AVENUE)
LINN'S ADDITION TO ROGER F. MILLS TR. $ 25.00
OSCEOLA PARK, DELl{AY, 320 SE 4TH AVENUE 70.00 (ADM. FEE)
LOT 17, & N1/2 OF DELRAY BEACH, FL 33483-4428 3.92 (RECORDING
LOT 18, BLOCK 96, $ 98.92
PLAT BOOK 1, PAGE 133,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(320 SE 4TH AVENUE)
ATLANTIC GARDENS, PRESTON WILLIAMS $ 51 . 00
DELRAY, LOTS 15 & 16, 212 SW llTH AVENUE 70.00 (ADM. FEE)
BLOCK 7, PLAT BOOK 14, DELRAY BEACH, FL 33444-1530 3.92 (RECORDING
PAGE 63, PUBLIC RECORDS $124.92
OF PALM BEACH COUNTY, FL
(212 & MORE SW llTH AVENUE)
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLJX~RED A NUISg2XlCE.
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RES. NO. 81-95