Res 08-04RESOLUTION NO. 8-04
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 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 o~ner(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 violatlon
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 o~rner(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 o~ner(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,
WHEREAS, the City of Delray Beach, through the City A~ministration 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,
W}LEREAS, the City Co~{ssion 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 DEL~AY
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 llen 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
obllgations 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 imediately 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 Com~fssion of the City of Delray Beach on the 13th day of Ja~uar~, 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 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
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 collectlon 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 resolution in the
publlc records of Palm Beach County, Florida, and upon the date and time of recording
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Res. No. 8-04
of the certified copy of this resolution a lien shell 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 13th .day of
Janua~j~ , 2004.
ATTEST
City Clerk
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Res. No. 8-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
'SOUTHRIDGE, LOT 23, BLOCK 10, PB 50, P 98,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SAMUEL N. LOPEZ &
(ZEDER AVE ) LIDIA LOPEZ
PC# 12 43 46 20 13 010 0230 140 FLEMING AVENUE
CUST ID # 6516 LAKE WORTH, FL 33463 $ 70.75
$ 55.00 ADMFEE
PINE TRAIL, SECTION 1, $ 40 FT OF LOT 1, BLOCK
1,
PB 32, P 58, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(687 NW 46TH AVENUE) CHARLES GRIFFIN
PC # 12 42 46 12 07 001 0012 687 NW 46 AVENUE
CUST ID # 3816 DELRAY BEACH, FL 33445 $ 44.25
$ 55.00 ADM FEE
TOWN OF DELRAY, LOT 34, BLOCK 32, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(309 SW 5TH AVENUE) JAMES & LILA STRONG
PC # 12 43 46 16 01 032 0340 349 SW 11TH AVENUE
CUST ID # 1889 DELRAY BEACH, FL 33444 $ 44.25
$ 55.0O ADMFEE
TOURIST NOOK DELRAY, W 1/2 OF LOTS 17 & 18,
BLOCK B, PB 11, P 47, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(809 NW 2ND STREET) SHOREWALKER HOMES LLC
PC # 12 43 46 17 25 002 0172 777 E ATLANTIC AVE #Z-250
CUST ID # 10325 DELRAY BEACH, FL 33483 $ 44.25
$ 55.00 ^DM FEE
STRICKLAND SUB, W 1/2 OF LOT I & N 19 FT OF
W 1/2 OF LOT 2, BLOCK 1, PB 27, P 173,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
1101 SW 9TH AVENUE) DANA K. LAROCK
PC # 12 43 46 20 22 001 0010 3064 ANGLER DRIVE
CUST ID # 10326 DELRAY BEACH, FL 33445 $ 44.25
$ 55.00 ADMFEE
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Res. No. 8-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
TOWN OF DELRAY, W 50 FT OF E 200 FT OF
S 135 FT OF S 1/2 OF BLOCK 22, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
~(515 SW 2ND STREET) JOHNNIE MARTIN, JR.
;PC # 12 43 46 16 01 022 0180 215 SW 7TH AVENUE
CUST ID # 259 DELRAY BEACH, FL 33444 $ 81.75
$ 55.00 ADMFEE
SOUTHRIDGE, LOTS 21, BLOCK 10, PB 50, P 98,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SAMUEL N. LOPEZ &
(ZEDER AVENUE V/L REAR OF 580 SR) LIDIA LOPEZ
PC # 12 43 46 20 13 010 0210 140 FLEMING AVENUE
CUST ID # 6516 LAKE WORTH, FL 33463 $ 70.75
$ 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 ETHEL SCOTT ESTATE
PC # 12 43 46 17 42 006 0090 77 2ND STREET
CUST ID # 92 CANANDAIGUA, NY 14425 $ 57.50
$ 55.00 ADM FEE
TROPIC ISLE, LOTS 101 & 102, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL TROPIC ISLE PLACE LLC
(FLORIDA BLVD NO OF 2217) n/o MARTIN A DIAZ-YABOR
PC # 12 43 46 28 01 000 1010 12124 SW 131st AVENUE
CUST ID # 10131 MIAMI, FL 33186 $ 66.25
$ 55.00 ADMFEE
VIOLATION IS: SECTION 100~)1 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
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Res. No. 8-04