Res 84-95 RESOLUTION NO. 84-95
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 no~lce 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 21st day of November, 1995 has levied an
assessment against ~id 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. 84-95
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 21st day
of November , 1995. ~_~~/~.
M A Y
ATTEST:
CiTy Cle~ -*
- 3 - Res. No.84-95
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, LOT 3, ROBERT G. & PATRICIA ALLEN $ 51.00
BLOCK 47, PB 12, P 81, 206 SW. 2ND AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444-3648 2.80 (RECORDING)
BEACH COUNTY, FL $123.80
(206 SW 2ND AVENUE)
RESUB. OF BLOCK 29, CHARLES TERRY $ 56.00
DELRAY BEACH, LOTS 28 39 SW 9TH AVENUE, APT. 3 70.00 (ADM. FEE)
& 29, PB 9, P 66, DELRAY BEACH, FL 33444-2549 2.80 (RECORDING)
PUBLIC RECORDS OF $128.80
PALM BEACH COUNTY, FL
(95=SW 5TH AVENUE)
TOWN OF DELRAY, LOT 22, J. W. & MARGARET YOUNG $ 43.00
BLOCK 32, PB 6, P 97, 317 SW 5TH AVENUE 70.00 ADM. FEE)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444-2405 2.80 RECORDING)
BEACH COUNTY, FL $115.80
{SW 4TH AVENUE)
TOWN OF DELRAY, N 50 FT ADELENE JENKINS $ 51.00
OF S 356.4 PT OF E 135 336 SW 5TH AVENUE 70.00 (ADM. FEE)
FT OF BLOCK 24, PB 1, DELRAY BEACH, FL 33444-2406 2.80 (RECORDING)
P 3, PUBLIC RECORDS OF $123.80
PALM BEACH COUNTY, FL
(322 SW 5TH AVENUE)
TOWN OF DELRAY, LOTS 22 ALVAN E. MC FORD $ 56.00
TO 26, INC., BLOCK 15, 17831 NW 47TH AVENUE 70.00 (ADM. FEE)
PB 13, P 18, PUBLIC CAROL CITY, FL 33055-3255 2.80 (RECORDING)
RECORDS OF PALM BEACH $128.80
COUNTY, FL
(SW 7TH AVENUE)
TOWN OF DELRAY, N 69.5 DOROTHY MAGER $ 56.00
FT OF LOT 9, BLOCK 78, c/o GARTH MAGER 70.00 (ADM. FEE)
PB 1, P 3, PUBLIC 1704 HIGH RIDGE ROAD 2.80 (RECORDING)
RECORDS OF PALM BEACH LAKE WORTH, FL 33461-6154 $128.80
COUNTY, FL
(102 SE 2ND AVENUE)
SEC. OF SEC. 20-46-43, RICHARD CRITCHFIELD TR. $ 41.00
S 201.87 FT. OF NE 1/4 746 MAH{BLE WAY 70.00 (ADM. FEE)
OF LOT 8 (LESS E 25 FT BOCA RATON, FL 33432-3018 2.80 (RECORDING)
RD R/W), PB 28, P 68, $113.80
PUBLIC RECORDS OF PALM ' ,
BEACH COUNTY, FL
(SW 4TH AVENUE)
RES. NO. 84-95
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 40.77
LOT 77, BLOCK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM. FEE)
P 152/153 , PUBLIC ATTN: HAROLD KLEMOW 2 . 80 (RECORDING)
RECORDS OF PALM BEACH NORTH MIAMI BEACH, FL $113.57
COUNTY, FL 33180-2215
(3865 NW 9TH STREET)
OSCEOLA PARK, LOT 19, ROSEKE, WAYNE E. & ALETHA $ 56.00
BLOCK 6, PB 3, P 2, RR 10 BOX 200B 70.00 (ADM. FEE)
PUBLIC RECORDS OF LAKE CITY, FL 32025-8821 2.80 (RECORDING)
PALM BEACH COUNTY, FL $128.80
(SE 6TH STREET)
TOWN OF DELRAY, LOT 2, KEITH & SUNMATEE MAHAMMED $ 51.00
BLOCK 63, PB 6, P 3, 921 SE 2ND AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF DELRAY BEACH, FL 33483-3457 2.80 (RECORDING)
PALM BEACH COUNTY, FL $123.80
(218 & 220 S. SWINTON AVE)
SUB. OF SEC. 20 -46-43, KENNETH AUSTIN $ 51.00
E 1/8 OF W 1/2 OF N 1/2 807 14TH STREET 70.00 (ADM. FEE)
OF LOT i/LESS N 1/2, WEST PALM BEACH, FL 33401-2505 2.80 (RECORDING)
PB 28, P 68, PUBLIC $123.80
RECORDS OF PALM BEACH
COUNTY, FL
(SW 6TH AVENUE)
TOWN OF DELRAY, N 1/2 AMY CHARLOW $ 59.00
OF LOT 5, BLOCK 30, 125 SW 5TH AVENUE 70.00 (ADM. FEE)
PB 1, P 3, PUBLIC DELRAY BEACH, FL 33444-2513 2.80 (RECORDING)
RECORDS OF PALM BEACH $131.80
COUNTY, FL
(125 SW 5TH AVENUE)
NICHOLS 2ND ADDITION MOLLIE K. BOWLES $ 51.00
TO DELRAY BEACH, LOT 304 SW 7TH STREET 70.00 (ADM. FEE)
14, PB 21, P 70, DELRAY BEACH, FL 33444-3549 2.80 (RECORDING)
PUBLIC RECORDS OF $123.80
PALM BEACH COUNTY, FL
(304 SW 7TH STREET)
TOWN OF DELl{AY, S 23 GLORY B. KING $ 56.00
FT OF LOT 9 & 10, 245 SE 5TH AVENUE 70.00 (ADM. FEE)
& N 6 FT OF LOT 11/ DELRAY BEACH, FL 33483-5206 2.80 (RECORDING)
LESS W 5 FT RD R/W, $128.80
BLOCK 111, PB 13, P 46,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(245 SE 5TH AVENUE)
ATLANTIC PARK GARDENS, BERTHA PALMER $ 56.00
DELR3~Y, LOT 16, BLOCK 35 NW 13TH AVENUE 70.00 (ADM. FEE)
1, PB 14, P 56, PUBLIC' 'DELRAY BEACH, FL 33444-1649 2.80 (RECORDING)
RECORDS OF PALM BEACH $128.80
COUNTY, FL
(35 NW 13TH AVENUE)
RES. NO. 84-95
TOURIST NOOK DELRAY, GLORITH STEPHENSON $ 51.00
LOT 25, BLOCK B, 2655 DORSON WAY 70.00 (ADM. FEE)
PB 11, P 47, PUBLIC DELRAY BEACH, FL 33445-2313 2.80 (RECORDING)
RECORDS OF PALM BEACH $123.80
COUNTY, FL
(232 NW 8TH AVENUE)
TOWN OF DELRAY, LOT 3, LUCILLE H. KING $ 56.00
BLOCK 25, PB 5, P 2, c/o A. STILES JR. 70.00 (ADM. FEE)
PUBLIC RECORDS OF 647 Ei~ST 102ND STREET 2.80 (RECORDING)
PALM BEACH COUNTY, FL CLEVELAND, OH 44108-1326 $128.80
(329 NW 5TH AVENUE)
TOWN OF DELRAY, S 50 T. AND OLETHA JONES $ 56.00
OF N 300 FT OF W 135 P.O. BOX 1571 70.00 (A/DM. FEE)
FT OF BLOCK 33, PB 1, DELRAY BEACH, FL 33447-1571 2.80 (RECORDING)
P 3, PUBLIC RECORDS $128.80
OF PALM BEACH COUNTY, FL
(NW 4 TH AVENUE )
TOURIST NOOK, DELRAY, RUSSELL E. BROWN $ 51.00
LOT 21, BLOCK B, PB 11, c/o JUNE DIMON 70.00 (ADM. FEE)
P 47, PUBLIC RECORDS 9720 WILLOW ROAD 2.80 (RECORDING)
OF PALM BEACH WILLIS, MI 48191-9727 $123.80
COUNTY, FL
(NW 8 TH AVENUE)
LINN'S ADDITION TO V.C. & A.P. NOCERA TRUST $ 56.00
OSCEOLA PARK, DELRAY, 626 WEST DRIVE 70.00 (ADM. FEE)
LOT 20 (LESS N 1.6 FT DELRAY BEACH, FL 33444 2.80 (RECORDING)
OF W 26 FT) BLOCK 87, $128.80
PB 1, P 133, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(232 SE 3RD AVENUE)
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGTATION,
MATTER CONSTITUTING HAZARDS; DECLARED A NUISANCE.
RES. NO. 84-95