Res 78-94 RESOLUTION NO. 78-94
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,
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 27th day of September has levied an
assessment against said property for the cost of abatement of said
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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 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 ~ 7~h day
of~~/71A~J , 1994.
ATTEST:
'City Cier~ '
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
S50' OF N100' OF W135' OF BLOCK 20 ALFRED BOSTWICK $ 45.00
TOWN OF DELRAY, PLAT BOOK 1, PAGE 12 SW 6TH STREET 70.00 (ADM. COST)
3, PUBLIC RECORDS OF PALM BEACH DELRAY BEACH, FL 1.90 (RECORDING)
COUNTY, FL 33444 $116.90
(43 NW 6TH AVENUE)
LOT 16, BLOCK 35, TOWN OF DELRAY, GRACE BARNETT $ 50.00
PLAT BOOK 1, PAGE 3, PUBLIC 1401 39TH STREET 70.00 (ADM. COST)
RECORDS OF PALM BEACH COUNTY, FL WEST PALM BEACH, FL 1.90 (RECORDING)
(309 NW 1ST STREET) 33407-3631 $121.90
LOT 16, BLOCK 2, ROSEMONT GARDENS MELLANIE H. HULL $ 65.35
UNIT B, PLAT BOOK 29, PAGE 101, 516 SW 7TH AVENUE 15.00 (ADM. COST)
PUBLIC RECORDS OF PALM BEACH DELRAY BEACH, FL 1.90 (RECORDING)
COUNTY, FL 33444 $ 82.25
(516 SW 7TH AVENUE)
E37.3' OF W62.3' OF S93' OF BLOCK HENRY R. DAVIS $ 45.00
11, TOWN OF DELRAY, PLAT BOOK 1, 301 SW 8TH COURT 70.00 (ADM. COST)
PAGE 3, PUBLIC RECORDS OF PALM DELRAY BEACH, FL 1.90 (RECORDING)
BEACH COUNTY, FL 33444 $116.90
(621 NW 1ST STREET)
LOT 29, BLOCK 1, SOUTHRIDGE, PLAT ROBERT ASSANTES & $ 45.00
BOOK 13, PAGE 38, PUBLIC RECORDS FRED WENISCH 70.00 (ADM. COST)
OF PALM BEACH COUNTY, FL 1228 SW 4TH COURT 1.90 (RECORDING)
(321 STERLING AVENUE) BOCA RATON, FL $116.90
33432-7171
S50' OF N250' OF W135' OF BLOCK MARY C. DAVIS $ 45.00
20, TOWN OF DELRAY, PLAT BOOK 1, P. O. BOX 6 70.00 (A/DM. COST)
PAGE 3, PUBLIC RECORDS OF PALM DIXIE, GA 1.90 (RECORDING)
COUNTY, FL 31629-0006 $116.90
(31 NW 6TH AVENUE)
S150' OF W135.5' OF BLOCK 26, MARY J. GREEN $ 70.00
TOWN OF DELRAY, PLAT BOOK 5, PAGE % AMERIFIRST 70.00 (ADM. COST)
64. PUBLIC RECORDS OF PALM BEACH 17500 NW 68TH AVE 1.90 (RECORDING)
COUNTY, FL # 210 $141.90
(415 NW 2ND STREET) HIALEAH, FL
33015-4044
LOT 16, BLOCK 72, TOWN OF DELRAY, ANDRE F. FERDINAND $ 45.00
PLAT BOOK 10, PAGE 57, PUBLIC SUSIE LUCIEN & 70.00 (ADM. COST)
RECORDS OF PALM BEACH COUNTY, FL JEAN R. ORELUS 1.90 (RECORDING)
(314 SE 1ST AVENUE) 314 SW 1ST AVENUE $116.90
DELRAY BEACH, FL
33444-3507
RES. NO. 78 94
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LOT 13, BLOCK 2, ATLANTIC PARK DAISY M. RAY $ 45.00
GARDENS, PLAT BOOK 14, PAGE 56, P. O. BOX 74 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM BEACH LENOX, GA 31637 1.90 (RECORDING)
COUNTY, FL $116.90
(17 SW 13TH AVENUE)
LOTS 8 & 9, (LESS RD R/W), BLOCK DOLORES A. LIDDY $ 72.50
2, SOPHIA FREY ADDITION, PLAT BOOK TRUSTEE, % ARNOLD 70.00 (ADM. COST)
23, PAGE 14, PUBLIC RECORDS OF KURZINGER, ESQ. 1.90 (RECORDING)
PALM BEACH COUNTY, FL 4426 GLENAGLES DR. $144.40
(911 NORTH FEDERAJ~ HIGHWAY) BOYNTON BEACH, FL
33436-4805
LOT 19, BLOCK 2, ATLANTIC PARK J.D. AND EARLINE $ 45.00
GARDENS, DELRAY, PLAT BOOK 14, MONROE 70.00 (ADM. COST)
PAGE 56, PUBLIC RECORDS OF PALM 32 EARLE STREET 1.90 (RECORDING)
BEACH COUNTY, FL HARTFORD, CT $116.90
(39 SW 13TH AVENUE) 06120-1714
CORNICHE ALL OF PLAT, PLAT BOOK CRAFT DEV II, INC. $ 74.75
53, PAGE 28, PUBLIC RECORDS OF 18559 LONG LAKE DR. 70.00 (ADM. COST)
PALM BEACH COUNTY, FL BOCA RATON, FL 1.90 (RECORDING)
(SE 6TH AVENUE) 33496-1936 $146.65
LOT 16, BLOCK 1, ATLANTIC PARK BERTHA PALMER $ 45.00
GARDENS DELRAY, PLAT BOOK 14, 35 NW 13TH AVENUE 70.00 (ADM. COST)
PAGE 56, PUBLIC RECORDS OF PALM DELRAY BEACH, FL 1.90 (RECORDING)
COUNTY, FL 33881-2124 $116.90
(35 NW 13TH AVENUE)
LOT 27, BLOCK 1, ATLANTIC PARK BENNIE THOMAS $ 45.00
GARDENS DELRAY, PLAT BOOK 14, 1720 1ST ST. N. 70.00 (ADM. COST)
PAGE 56, PUBLIC RECORDS OF PALM WINTER HAVEN, FL 1.90 (RECORDING)
COUNTY, FL 3388-1244 $116.90
(NW 12TH AVENUE)
El5' OF LOT 2, BLOCK 5, OSCEOLA J.L. & MARGARET $ 27.50
PARK, PLAT BOOK 3, PAGE 2, PUBLIC PATTERSON 70.00 (ADM. COST)
RECORDS OF PALM BEACH COUNTY, FL 4517 TENNELLA RD. 1.90 (RECORDING)
(SE 5TH STREET) NEW BERN, NC $ 99.40
28562-7643
N69.5' OF LOT 9, BLOCK 78, TOWN DOROTHY MAGER $ 50.00
OF DELRAY, PLAT BOOK 1, PAGE 3, % GARTH MAGER 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM BEACH 1704 HIGH RIDGE RD. 1.90 (RECORDING)
COUNTY, FL LAKE WORTH, FL $121.90
(102 SE 2ND AVENUE) 33461-6154
LOT 2, BLOCK A, CARVER MEMORIAL JULIA SIMMS $ 45.00
PARK SUB., PLAT BOOK 20, PAGE 56, 204 NW 13TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM BEACH DELRAY BEACH, FL 1.90 (RECORDING)
COUNTY, FL 33444-1653 $116.90
(204 NW 13TH AVENUE)
RES. NO. 78 - 94
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S50' OF Ell0' OF W135' OF S1/2 ETHEL SCOTT ESTATE $ 45.00
OF N1/2 OF LOT 6, SUB. 17-46-43, P.O. BOX 245 70.00 (ADM. COST)
PLAT BOOK 1, PAGE 3, PUBLIC RUSHVILLE, NY 1.90 (RECORDING)
RECORDS OF PALM BEACH COUNTY, FL 14544-0241 $116.90
(1119 NW 1ST STREET)
LOT 3, BLOCK 4, OSCEOLA PARK, NORMAN RADIN $ 50.00
PLAT BOOK 3, PAGE 2, PUBLIC ROUTE 1, BOX 192 70.00 (ADM. COST)
RECORDS OF PALM BEACH COUNTY, FL TREDWAY, TN 37883 1.90 (RECORDING)
(310 SE 4TH STREET) $121.90
LOTS 14 TO 16 INC., BLOCK 1, ESTERVINA MOREDA $ 67.25
SOUTHRIDGE, PLAT BOOK 13, PAGE P. O. BOX 1953 70.00 (ADM. COST)
38, PUBLIC RECORDS OF PALM BEACH DELRAY BEACH, FL 1.90 (RECORDING)
COUNTY, FL 33447-1953 $139.15
(REIGLE AVENUE)
E41' OF LOT 2, BLOCK D, RIDGEWOOD MADELINE S. $ 35.00
HEIGHTS, DELRAY, PLAT BOOK 14, SANTIAGO 70.00 (ADM. COST
PAGE 44, PUBLIC RECORDS OF PALM 11051/2 SW 7TH ST. 1.90 (RECORDING)
BEACH COUNTY, FL 33444-2250 $106.90
(11051/2 SW 7TH AVENUE)
LOT 21, BLOCK B, TOURIST NOOK, RUSSELL E. BROWN $ 45.00
DELRAY PLAT BOOK 11, PAGE 47, % JUNE DIMON 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM BEACH 9710 WILLOW ROAD 1.90 (RECORDING)
COUNTY, FL WILLIS, MI $116.90
(NW 8TH AVENUE) 48191-9727
LOT 55, SUNSET PARK, DELRAY, TOMASA R. CRUZ $ 45.00
PLAT BOOK 12, PAGE 65, PUBLIC 409 NW 7TH COURT 70.00 (ADM. COST)
RECORDS OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 1.90 (RECORDING)
(MkNGO DRIVE) 33426-3622 $116.90
RES. NO. 78 - 94
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