Res 23-93 ........ f Il · ! Ii lllill i II i Illl !11
RESOLUTION NO. 23-93
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 ~F 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 ~NTEREST 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 has,
representative
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described
the list attached hereto and made a part hereof, for v~olat~on of the
provisions of Chapter [00 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 200.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the C~ty Manager or
designated representative has inspected sa~d land(s) and has determined
that a nuisance existed in accordance with the standards set forth
Chapter 200 of the Code of Ordinances, and did furnish the
respecti'/e
owner(s) of the land(s) described in the attached list with wrktten
notice of public nuisance pursuant to Sections [00.20, [00.22 and '00.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten ([0) days from the date of sa~d no~ce
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate sa~d nuisance, or file a written
request for a hearing to review ~he decision that a nuisance existed
within ten (10) days from the date of sa~d notice, fa~lang which 5ke
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 proper~y; and,
WHEREAS, the property owner(s) named in ~he l~s~ attached
hereto and made a ~ar= hereof a~~=i~' ' an~ neglec~ ~o aba~e
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Sec=ion 100.21 and ~00.22 within the t;me
prescribed in said notice and Chapter 100 of the Code of Ordinances,
if the property owner(s) did request and receive a hearing, sa~d prop-
erty 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,
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 ~n 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 ~ncurred
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 ~00 of the Code of Ordinances desires to assess
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF T~E
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1L Tha~ assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, mnvolvln~
the City's cost of abat;ng the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attacked
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!
after mailing of the notice described in Sec. 3, become a lien upon
resFec=ive lots and parcel(s) of land described ~n 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
hereby directed to ~mmediately mail by first class mall 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 23rd day of March,1993 has levied an
assessment against said property for the cost of abatement of
nuisance by the City, and that said assessment ~8 due and payable
thirty (30) days after the mailing date of said notice of
after which a lien shall be placed on said property, and interest w~
accrue at the rate of 8% per annum, plus reasonable attorney's fees
other costs of collecting said sums. A Notice of Lien shall be
along with the Notice of Assessment and this resolution.
~ That this resolution shall become effective
(30) days from the date of adoption and the assessment(s) conta~nel
herein shall become due and payable thirty (30) days after the ma=iin~
date of the notice of said assessment(s), after which a lien shall
placed on said property(s), and ~nterest shall accrue at ~he rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
· ttorney's fee.
~ That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
data of the notice of assessment, the City Clerk is hereby directed
record a certified CODy of this resolution in the public records of
Beach County, Florida, and upon the date and time of recording of
certified copy of ~his resolution a lien shall become effective on
sub~ect property which shall secure the cost of abatement, ln~erest at
the rate of 8%, and collect~on costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the 23rd day
of March [993.
~ity Cler~ ..' ,
- 2 - Res. No.23-93
COST OF ABATING NUISANCES UNDER CHAPTER 100
Q~ THE CODE OF ORDINANCES
/
PROPERTY DESCRIPTION ~
~_' OLA P-A~--Pa.~3~, C_~R~f~ 5'~ JOHNSON 70.00 '(ADH. COST)
a~-2-, PUBLIC ~~, ~flW.' ~TH~A~~ ~2;92 (RECO~ING)
~-~GH'COUNTY, FL ~~BEACH,- FL-33~4 $331.20
(302-SE-4TH STREET)
LOTS 8 & 9 (LESS RD DOLORES A. LIDDY, TR $474.16
R/W)~ BLK 2, SOPHIA C/O ARNOLD F. KURZINGER 70.00 (ADH. COST)
FREY ADD, PB 23, P 4, 5700 N. FEDE~L HIGHWAY 2.92 (RECORDING)
PUBLIC RECORDS, PALM BOCA ~TON, FL 33487 $547.08
BEACH COUNTY, FL
(911N FEDE~L HWY)
LOT 23, BLK 23, TOWN G~CE BA~ETT $274.00
OF DEL~Y, PB 10, P 69, 1401 39TH STREET 70.00 (ADH. COST)
PUBLIC RECORDS, PALM WEST PALM BEACH,FL 33407-3631 2.92 (RECORDING)
BEACH COUNTY, FL $346.92
(SW 3RD STREET)
LOT 3, BLK 47, TOWN OF ROBERT G. & PATRICIA ALLEN $110.12
DEL~Y, PB 12, P 81, 206 S.W. 2ND AVENUE 70.00 (ADH. COST)
PUBLIC RECORDS, PALM DEL~Y BEACH, FL 33444-3648 2.92 (RECORDING)
BEACH COUNTY, FL $183.04
(206 SW 2ND AVENUE)
LOTS ! & 2/LESS N15' VALENTINE & FRANCES GABALDON $106.12
RD R/W, BLK 2, RIDGE- 328 4TH STREET 70.00 (ADH. COST)
WOOD HEIGHTS, DELRAY, WEST PALM BEACH, FL 33401-420~ 2.92 (RECORDING)
PB 14, P 44, PUBLIC $179.04
RECORDS, PALM BEACH
COUNTY, FL
(702 NW 10TH STREET)
LOT 27, BLK 1, ATLANTIC BENNIE THOMAS $ 39.42
PARK GARDENS, DELRAY, 1720 1ST ST. N 70.00 (ADH. COST)
PB 14, P 56, PUBLIC WINTER HAVEN, FL 33881-2124 2 92 (RECORDING)
RECORDS, PALM BEACH $112.34
COUNTY, FL
(NW 12TH AVENUE)
-3- Res. No. 23-93
7689 J9
LOT 14, BLK A, CARVER JAMES GARMON $ 23.68
MEMORIAL PARK SUB., 820 N.W. 63RD STREET 70.00 (ADM. COST)
PB 20, P 56, PUBLIC MIAMI, FL 33150-4342 2.92 (RECORDING)
RECORDS, PALM BEACH $ 96.60
COUNTY, FL
(NW 14TH AVENUE)
E50' OF W583' OF S140' JACQUEL DAWSON $ 39.77
OF N165' OF N 1/2 OF C/O A~NNAS RETREAT 70.00 (ADM. COST)
NW 1/4 OF SW 1/4, SUB. ESTATE TUTU, #E7 2.92 (RECORDING)
OF SEC. 17-46-43, ST. THOMAS, VI 00801 $112.69
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(1404 NW 2ND STREET)
LOT 50, POINCIANA TILLIE NELSON $ 51.16
HEIGHTS OF DELRAY 219 N.W. 10TH AVENUE 70.00 (ADM. COST)
BEACH, PB 26, P 245, DELRAY BEACH, FL 33444-1635 2.92 (RECORDING)
PUBLIC RECORDS, PALM $124.08
BEACH COUNTY, FL
(1001 NW 3RD TERRACE)
LOT 12, BLK 1, ODMANN'S MARIH HAYES EST. $ 39.42
SUB., PB 4, P 53, C/O WILLIE R. GOODMAN JR. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 123 GARFIELD AVENUE 2.92 (RECORDING)
BEACH COUNTY, FL TRENTON, NJ 08608 $112.34
(20 NW 13TH AVENUE)
S50' OF N300' OF E135' FRANCES L. GERMAN $ 47.16
OF BLK 13, TOWN OF WALTER WADE 70.00 (ADM. COST)
DELRAY, PB 1, P 3, 33 S.W. 1ST AVENUE #1 2.92 (RECORDING)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-2534 $120.08
BEACH COUNTY, FL
(24 SW 6TH AVENUE)
LOT 22, BLK 32, TOWN OF J.W. & MARGARET YOUNG $412.40
DELRAY, PB 6, P 97, 317 S.W. 5TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-2405 2.92 (RECORDING)
BEACH COUNTY, FL $485.32
(SW 4TH AVENUE)
LOT 17, BLK 23, TOWN BERTHA PRESTON $213.30
OF DELRAY, PB 10, P 69, 1001 W. 3RD STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM RIVIERA BEACH, FL 33404 2.92 (RECORDING)
BEACH COUNTY, FL $286.22
(217 SW 6TH AVENUE)
-4- Res. No. 23-93
ORB 768c Ps '%0
RECORD VERiF£ED DOROTNY H (WILI%EN
CLERK OF THE COURT - COUNTY, FL
S90' OF Nll0' OF BLK DAVID HARGROVE $183.56
21/LESS W175', TOWN OF MATTIE B. HUDSON 70.00 (ADM. COST)
DELRAY, PB 1, P 3, 220 N.W. 4TH AVENUE 2.92 (RECORDING)
PUBLIC RECORDS, PALM DEERFIELD BEACH, FL 33441 $256.48
BEACH COUNTY, FL
(2 SW 5TH AVENUE)
S40' OF N256' OF E135' DELORES RIGGINS $103.12
OF BLK 31, TOWN OF 1761 .2ND AVENUE N 70.00 (ADM. COST)
DELRAY, PB 1, P 3, LAKE WORTH, FL 33460 2.92 (RECORDING)
PUBLIC RECORDS, PALM $176.04
BEACH COUNTY, FL
(220 SW 4TH AVENUE)
N 1/2 OF LOT 13, BLK ETHEL MACKEY $ 47.16
30, TOWN OF DELRAY, C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
PB 1, P 3, PUBLIC 1120 N.W. 64TH STREET 2.92 (RECORDING)
RECORDS, PALM BEACH MIAMI, FL 33150-4231 $120.08
COUNTY, FL
(124 SW 4TH AVENUE)
W55' OF LOTS 11 & 12, MARIE QUINCE $144.34
BLK 23, TOWN OF DELRAY, 506 S.W. 14TH AVENUE 70.00 (ADM. COST)
PB 10, P 69, PUBLIC DELRAY BEACH, FL 33444-1434 2.92 (RECORDING)
RECORDS, PALM BEACH $217.26
COUNTY, FL
(SW 5TH AVENUE)
LOT 29, BLK 1, SOUTH- ROBERT ASSANTES $160.08
RIDGE, PB 13, P 38, FRED WENISCH 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 560405 ARBOR CLUB WAY 2.92 (RECORDING)
BEACH COUNTY, FL BOCA RATON, FL 33433-5630 $233.00
(321 STERLING AVENUE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEVRIS, VEGETATION,
MATTER CONSTITUTING MAZARDS; DECLARED NUISANCE.
CERTIFICATION
I, BARBAI~% GARITO, Acting City Clerk of the City of De]ray Beach,
Florida, do hereby certify that the above and foregoing is a true and
correct copy of Resolution No. 23-93 which was passed by the Commission
on March 23, 1993.
IN [~ITNESS WBEREOF, I have hereunto set my hand and the official seal
of-the City of Del'ray Beach, Florida, on this the 28th day of April ,1993.
·
~ Barbara Gari to
.. SE ~.. . Acting City Clerk
~ ..~ ~ ~'~· City of Del ray Beach
</'~: ' - 5- Res. NO. 23-93