Res 04-04RESOLUTION NO. 4-04
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 ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of ordinances, declared the existence 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 Ordlnances~ 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 (%2) days in the case of violation
of Section 100.04 pertaining 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 assessment 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
property Owner(s) failed and/or neglected to abate such nuisance(s) within the time
desi~nated at the hearing wherein a decision was rendered adverse to the property
owner(s)~ and,
WHEREAS, the City of Delray Beach, through the City AR~4nistration or such
agents or contractors hired by the City ~-~nlstretion was therefore required to and
did enter upon the land(s) described in the llst attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notlce~ 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 C~mmission 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 Connnission 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 mede 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 levled 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 foreclosures 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 6th day of January, 2004 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 accrue at the rate of 8% per annam, 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 includlng 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 resolutlon in the
public records of Palm Beach County, Florida, and upon the date and time of recording
2
P.¢s. No. 4-04
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 ADOPT~u in regular session on this the 6th day of
J~nuar~ , 2004.
City Clerk
Rcs. No. 4-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
OSCEOLA PARK, W 63.36 FT OF LOTS 28, 29 & 30,
BLOCK 7, PB 3, P 2, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
I(629 SE 2ND AVENUE)
PC # 12 43 46 21 01 007 0281 BEN & IRIS D. HAMMETT
!CUSTOMER ID # 6256 2996 BYINGTON CIRCLE
TALLAHASSEE, FL 32303-2504 $ 31.00
$ 55.00 ADMFEE
DELPAY BEACH HIGHLANDS SECTION 1,
LOT 24, BLOCK 2, PB 26, P 209,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
I2043 SW 13TH STREET) TERESA A. DIAZ
PC # 12 43 46 19 02 002 0240 2043 S.W. 13TH STREET
CUSTOMER ID # 10277 DELRAY BEACH, FL 33445 $ 31.00
$ 55.00 ADM FEE
DELRAY BEACH ESPLANADE, LOT 12, PB 18, P 39
LOT 12, PB 18, P 39, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL M. CHALAL &
1007 N. VISTA DEL MAR DRIVE) JOSEPH & GRAFF CHALAL
PC # 12 43 46 16 18 000 0120 6024 LELAC ROAD
CUSTOMER ID # 10278 BOCA RATON, FL 33496
$ 55.25
$ 55.00 ADMFEE
DELI=AY SHORES 1ST ADDITION, LOT 18, BLOCK 15,
PB 24, P 232, PUBLIC RECORDS OF PALM
iBEACH COUNTY, FL SECRETARY OF HOUSING &
(2655 DORSON WAY) URBAN DEVELOPMENT
iPC # 12 43 46 07 02 015 0180 909 S.E. 1ST AVENUE # 500
!CUSTOMER ID # 8389 MIAMI, FL 33131 $ 68.50
$ 55.00 ADMFEE
DEL IDA PARK, LOT 20, BLOCK 13, (DEL-IDA PARK
HISTORIC DISTRICT) PB 9, P 52, BERNARD JUROVIESKY &
PUBLIC RECORDS OF PALM BEACH COUNTY, FL KIMBERLY JUROVIESKY
(609 N.E. 3RD AVENUE) 7313 ANDORRA PLACE
PC # 12 43 46 09 29 013 0200 BOCA RATON, FL 33433
CUSTOMER ID # 10146 $ 48.50
$ 55.00 ADM FEE
4
Res. No. 4-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROBERT G. ALLEN &
206 SW 2ND AVENUE) PATRIClA ALLEN
PC # 12 43 46 16 01 047 0030 206 SW 2ND AVENUE
CUSTOMER ID # 60 DELRAY BEACH, FL 33444 $ 57.50
$ 55.00 ADM FEE
TOWN OF DELRAY, S 66 FT OF N 186.51 FT OF
W 135 FT OF BLOCK 123, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
133 N.E. 7TH AVENUE)
PC # 12 43 46 16 01 123 0010 BARBARA DOOLEY
CUSTOMER ID # 10019 133 N.E. 7TH AVENUE
DELRAY BEACH, FL 33483 $ 55.25
$ 55.00 ADMFEE
SEC 17-46-43, S 50 FT OF W 135 FT (LESS W 25 FT
RD PJW) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
1119 N.W. 1ST STREET) ETHEL SCOTT ESTATE
PC # 12 43 46 17 42 006 0090 77 2ND STREET
CUSTOMER ID # 92 CANANDAIGUA, NY 14425 $ 70.75
$ 55.00 ADM FEE
LINNS ADDITION TO OSCEOLA PARK, DELRAY
LOTS 22 & 23, BLOCK 95, PB 1, P 133,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
238 SE 4TH AVENUE - VACANT LOT SO OF 238) FREDERICK HOFFMAN
PC # 12 43 46 16 04 095 0220 498 HARDWOOD PLACE
CUSTOMER ID # 553 BOCA RATON, FL 33431-6574 $ 42.00
$ 55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
5
Res. No. 4-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~- REGULAR MEETING OF JANUARY 6. 2004
RESOLUTION NO. 4-04
JANUARY 2, 2004
This is a resolution assessing costs for abatement action required to remove nuisances on nine (9)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 4-04.
AgmemoCE.Res No 4-04
RESOLUTION NO. 4-04
A RESOLUTION OF THE CITY COMIVIISSION 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 ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence 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 pertaining 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 assessment 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 end Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, said
property 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,
WI~RBAS, the City of Delray Beach, through the City ~e~m4nistration or such
agents or contractors hired by the City Administration was therefore required to and
did enter upon the land(s) described in the llst attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
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 C=mmission 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 DBLRAY
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 levled
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 end
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 foreclosures are under state law.
Section 2. That such assessments shell be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clark of the City of Dalray Beach is hereby
directed to im~nediately 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 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 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 he
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
fro~ 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 e 1lan shall he 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 S. 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
2
Res. No. 4-04
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 day of
· 2004.
MAYOR
ATTEST ,'
City Clerk
3
Res. No. 4-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
OSCEOLA PARK, W 63.36 FT OF LOTS 28, 29 & 30,
BLOCK 7, PB 3, P 2, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(629 SE 2ND AVENUE)
PC # 12 43 46 21 01 007 0281 BEN & IRIS D. HAMMETT
CUSTOMER ID # 6256 2996 BYINGTON CIRCLE
TALLAHASSEE, FL 32303-2504 $ 31.00
$ 55.00 ADMFEE
DELRAY BEACH HIGHLANDS SECTION 1,
LOT 24, BLOCK 2, PB 26, P 209,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
2043 SW 13TH STREET) TERESA A. DIAZ
PC # 12 43 46 19 02 002 0240 2043 S.W. 13TH STREET
CUSTOMER ID # 10277 DELRAY BEACH, FL 33445 $ 31.00
$ 55.00 ADM FEE
DELRAY BEACH ESPLANADE, LOT 12, PB 18, P 39
LOT 12, PB 18, P 39, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL M. CHALAL &
(1007 N. VISTA DEL MAR DRIVE) JOSEPH & GRAFF CHALAL
PC # 12 43 46 16 18 000 0120 6024 LELAC ROAD
CUSTOMER ID # 10278 BOCA RATON, FL 33496
$ 55.25
$ 55.00 ADMFEE
DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15,
PB 24, P 232, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL SECRETARY OF HOUSING &
(2655 DORSON WAY) URBAN DEVELOPMENT
PC # 12 43 46 07 02 015 0180 909 S.E. 1ST AVENUE # 500
CUSTOMER ID # 8389 MIAMI, FL 33131 $ 68.50
$ 55.00 ~DMFEE
DEL IDA PARK, LOT 20, BLOCK 13, {DEL-IDA PARK
HISTORIC DISTRICT) PB 9, P 52, ~ERNARD JUROVIESKY &
PUBLIC RECORDS OF PALM BEACH COUNTY, FL KIMBERLY JUROVIESKY
(609 N.E. 3RD AVENUE) 7313 ANDORRA PLACE
PC # 12 43 46 09 29 013 0200 BOCA RATON, FL 33433
'CUSTOMER ID# 10146 $ 48.50
$ 55.OO ADMFEE
Res. No. 4-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3,
)UBLIC RECORDS OF PALM BEACH COUNTY, FL ROBERT G. ALLEN &
206 SW 2ND AVENUE) =ATRIClA ALLEN
PC # 12 43 46 16 01 047 0030 206 SW 2ND AVENUE
CUSTOMER ID # 60 DELRAY BEACH, FL 33444 $ 57.50
$ 55.00 ~DM FEE
TOWN OF DELRAY, S 66 FT OF N 186.51 FT OF
W 135 FT OF BLOCK 123, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(133 N.E. 7TH AVENUE)
PC # 12 43 46 16 01 123 0010 ~ARBARA DOOLEY
CUSTOMER ID # 10019 133 N.E. 7TH AVENUE
DELRAY BEACH, FL 33483 $ 55.25
$ 55.00 ADM FEE
SEC 17-46-43, S 50 FT OF W 135 FT (LESS W 25 FT
RD R/W) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(1119 N.W. 1ST STREET) ETHEL SCOTT ESTATE
PC # 12 43 46 17 42 006 0090 77 2ND STREET
CUSTOMER ID # 92 CANANDAIGUA, NY 14425 $ 70.75
$ 55.00 ADM FEE
LINNS ADDITION TO OSCEOLA PARK, DELRAY
LOTS 22 & 23, BLOCK 95, PB 1, P 133,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
238 SE 4TH AVENUE - VACANT LOT SO OF 238) FREDERICK HOFFMAN
PC # 12 43 46 16 04 095 0220 498 HARDWOOD PLACE
CUSTOMER ID # 553 BOCA RATON, FL 33431-6574 $ 42.00 I
$ 55.00 !ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
/
5
Res. No. 4-04