Res 13-93 RESOLUTION NO. 13-93
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 O~ 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
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the
tence of a nuisance upon certain lots or parcels of land, described
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 100.12 of the
Code of Ordinances of the City of Delray Beach, the City Manager or
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth
Chapter 100 of the Code of Ordinances, and did furnish the
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.10, 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 sa~d not,ce
forty-two (42) days in the case of violation of Section ~00.04 pertain-
ing to seawalls) they must abate said nuisance, or file a wry=ten
request for a hearing to review the decision that a nuisance exasted
within ten (10) days from Uhe date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abatang
such nuisance, and that the cost thereof would be lev~ed 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
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, saad prop-
arty owner(s) failed and/or neglected to abate such nuisance(s)
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
City Delray Beach, through the City Adminlstra-
WHEREAS,
the
of
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described an the
list attached and made a part hereof and incurred costs in abating ~he
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 ~ncurred
in abating said nuisance(s) as aforesaid, said report indicating ~e
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),
7629 925
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That assessments in the individual amounts as shown
,I 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 lo 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(i) of land delcribed 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.
~ That such assessments shall be legal, valid and
binding obligations upon the property againlt which said aSlellments are
levied.
~.~ That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by firlt clals mail to the owner(s)
of the property, al such ownership appearl upon the recordl of the
County Tax Assessor, notice(s) that the City Commislion of the City of
Delray Beach on the Et½ day o~ F~h~,~v. ]gq~ hal levied an
assessment against said propert~ for the c%lt of abatement of sa~d
nuisance by the City, and that said allessment il dui and payable wzth~n
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest w~ll
accrue at the rate of 8% per annum, plul reasonable attorney's fees and
other costs of collecting said suml. A Notice of Lien shall be ma&led,
along with the Notice of Aiselsment and this relolution.
(30) days from the date of adoption and the assellment(s) contazned
herein shall become due and payable thirty (30) days after the mazl~ng
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and in=stilt shall accrue at the rate of
eight (8) percent per annum plus, if collection proc%edings are
necessary, the colts of such proceedingl including a reasonable
attorney's fe®.
~ That in the event that payment has not been
receive~ by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk il hereby directed to
record a certified copy of this resolution in the public records of Balm
Beach County, Florida, and upon the date and time of recording of the
certified copy of thil resolution a lien shall become effective on the
subject property which shall secure the colt of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regularsession'this =been 9th day
of February , 1993. ~~~
ATTEST:
This instrument prepared by:
~/~,~n.~f)~_,~.,;,,.~_,~//~,=)~.~ Jeffrey S. Kurtz, City Atty.
Ci%y Cler~ ' 200 N.W. let Avenue
Delray Beach, FL 33444
- 2 - Res. No. 13-93
7629 1926
COST OF ABATING NUISANCES UNDER CHAPTER 100
.OF THE CODE OF ORDINANCES
~ROPERTY DESCRIPTION Q_~ ~
LOTS 1 TO 19 INC., 16' ANAZA INC. $125.30
ALLEY THRU N-S CENTER & C/O METRIUM REALTY CORP. 70.00 (ADM. COST)
8' ALLEY ON S SIDE OF 1395 S. STATE RD 7, #207 2.60 (RECORDING)
BLK B, LA HACIENDA, MARGATE, FL 33068 $197.90
DELRAY, PB 15, P 6,
PUBLIC RECORDS, PALM
BEACH COUNTY, FL ~/.~ '
PA~T i:: Dm 1029 ~T. 31 ~OX ~62 ~(ADM. COST)
~ PB 2~, P 6~, $ii2 Ox
(1203 GE~NTQWN ROaDL
, , ~, 9,.~ ~,~u ~U~ ~.~0' (ADM. COST)
, PALM -B~A ~TON, FL 33434- ~ (R~CORDING)
B~AC:: COU;;T%-, ~ ~
LOTS 14 TO ~6 INC., ~ST~RVINA MOR~DA $164.27
BLK 1, SOUTHRIDG~, P.O. BOX 195~ 70.~00 (ADM. COST)
PB 13, P 38, PUBLIC D~L~X B~ACH, FL 33444 ~ (R~CORDING)
RECORDS, PALM B~ACH $236.87
COUNTY, FL
(R~IGL~ AVENUE)
LOTS 17 TO 20 INC., ~ST~RVINA MOREDA $~82.98
BLK 1, SOUTHRIDG~, ~.O. BOX 1953 70.00 (ADM. COST)
PB 13, P 38, PUBLIC D~L~Y B~ACH, FL 33444 ~ (R~CORDING)
RECORDS, PALM B~CH $255.58
COUNTY, FL
( REIGL~ AVENUe)
LOT ~2, BLK l, OD~NN'S ~RIH HAYES EST. $ 51.16
SUB., PB 4, P 53, C/O WILLI~ R. GOOD~N JR. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 123 GARFIELD AVENU~ ~ (R~CORDING)
BEACH COUNTY, FL TRENTON, NJ 08609 $~23.76
(20 NW i3TH AVENUe)
-3- Res. No,13- 93
N 1/2 OF LOT 28 & LOT JOSEPH WESNER $ 44.22
29, BLK 13, OSCEOLA MICHELET DORTILUS 70.00 (ADH. COST
PARK, PB 3, P 2, PUBLIC 715 S.E. 4TH AVENUE 2.60 (RECORDING)
RECORDS, PALM BEACH DELRAY BEACH, FL 33483 $116.82
COUNTY, FL
(715 SE 4TH AVENUE)
LOT 10, BLK 3, OSCEOLA GEORGE F. & MARY PRADO $ 35.22
PARK, PB 3, P 2, PUBLIC 406 S.E. 5TH STREET 70.00 (ADM. COST)
RECORDS, PALM BEACH DELRAY BEACH, FL 33483 2.60 (RECORDING)
COUNTY, FL $107.82
(406 SE 5TH STREET)
E15' OF LOT 2, BLK 5, J. L. & MARGARET PATTERSON S 7.94
OSCEOLA PARK, PB 3, 4517 TENELLA ROAD 70.00 (ADH. COST)
P 2, PUBLIC RECORDS, NEW BERN, NC 28562-7643 2.60 (RECORDING)
PALM BEACH COUNTY, FL S 80.54
(SE 5TH STREET)
LOT 28, BLK A, TOURIST L.JR. & JENNIFER E.STRAINGE S 51.16
NOOK, DELRAY, PB 11, 5290 PINETREE DRIVE 70.00 (ADM. COST)
P 47, PUBLIC RECORDS, DELRAY BEACH, FL 33484 2.60 (RECORDING)
PALM BEACH COUNTY, FL $123.76
(NW 9TH AVENUE)
LOTS 2, 3 & 23, SUNSET ARTHUR J. & SUSAN ALGONAS $231.32
PARK, DELRAY, PB 12, 75 N.E. 6TH AVENUE 70.00 (ADM. COST)
P 65, PUBLIC RECORDS, DELRAY BEACH, FL 33483 2.60 (RECORDING)
PALM BEACH COUNTY, FL $303.92
(328 SW 10TH STREET)
LOT 51, SUNSET PARK, ENRIQUE C. & AMPARO RAMOS $276.48
DELRAY, PB 12, P 65, 1015 S.W. 2ND AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM P.O. BOX 1094 2.60 (RECORDING),
BEACH COUNTY, FL DELRAY BEACH, FL 33447-1094 $349 08 ~
(1015 MANGO D~IVE) ' ~
LC~T 1~. nm~?~ ~ . . ~ ~
, , , LIC ~UU S.W. 4TH A~ENUE
S PALM BEAC F 1
(34~NUE)
LOTS 3 & 4, BLK 8, DELL RICHARD A. COURT $221.10
PARK, PB 8, P 56, 1012 N.E. 3RD AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-4025 2.60 (RECORDING)
BEACH COUNTY, FL $293.70
(1012 NE 3RD AVENUE)
-4- Res. No13-93
ORB 7629 P~. 1928
LOT 54, SUNSET PARK, TOMASA R. CRUZ $283.00
DELRAY, PB 12, P 65, 409 N. W. 7TH COURT 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33426 ~ (RECORDING)
BEACH COUNTY, FL $355.60
(MANGO DRIVE)
LOT 55, SUNSET PARK, TOMASA R. CRUZ $297.74
DELRAY, PB 12, P 65, 409 N.W. 7TH COURT 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33426 2.60 (RECORDING)
BEACH COUNTY, FL $370.34
(MANGO DRIVE)
LOT 96, TROPIC ISLE, JAMES & ELIZABETH A. GINESI S 39.42
PB 24, P 235, PUBLIC 363-A BRICKYARD ROAD 70.00 (ADM COST)
RECORDS, PALM BEACH FREEHOLD, NJ 07728-9668 2.60 (RECORDING)
COUNTY, FL $112.02
(SPANISH TRAIL)
LOT 4, BLK A, WEST STRAGHN ENTERPRISES OF $ 51.16
SIDE HEIGHTS, PB 13, DELRAY BEACH INC. 70.00 (ADH. COST)
P 61, PUBLIC RECORDS, 26 S.W. 5TH AVENUE 2.60 (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444-2512 $123.76
{123 ~ 10TH AVENUE) ~c~ ~/~/9'"~
~11, ~~ a~,~(ADM. COST)
~ ..,--~ .......... ., R~,-NT'-r4~I~J--,t. E33 ~ (RECORDING)
PgJ~'~FL
LOTS 8 & 9 (LESS RD DOLORES A. LIDDY TRUST $133.34
R/W), BLK 2, SOPHIA C/O ARNOLD F. KURZINGER 70.00 (ADM. COST)
FREY ADD., PB 4, P 37, 5700 N. FEDERAL HIGHWAY #B 2.60 (RECORDING)
PUBLIC RECORDS, PALM BOCA RATON, FL 33487 205.94
BEACH COUNTY, FL
(911N FED HWY)
LOT 53, FAIRCREST HGHTS YOLLY P. VERZOSA S 27.68
AMND. PLAT~ PB 42, P 68, 5101 COLLINS AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM APT. #11-F 2.60 (RECORDING)
BEACH COUNTY, FL MIAMI, FL 33140-2726 $100.28
(2147 sw 36TH TERRACE)
VIOLATION IS: SEC. X00.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-5- Res. No.1}~
Return to: (enclose self-addressed stamped envelope)
Name
Address:
OR8 7629 P.~
RECORD VERIFIED OOROTHY H WILKE)i
CLERK. OF THE CO JRT - F~, COUNTY, FL
I:ITY OF DELRflY BEACH
100 NW 1st AVENUE · DELRAY BEACH FLORIDA 33444 · 407 243-7000
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray
Beach, Florida, do hereby certify that the above and foregoing is
a true and correct copy of Resolution No. 13-93 which was passed
by the Commission on February 9, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and the official
seal of the City of Delray Beach, Florida, on this the 17th day of
March, 1993.
Alison M~cGreg~fr HArt~!
City Clerk
City of Delray Beach