Res 35-93 JUN-08-1 3 !l: am c j_ 176J [ 8
ORB 7743 P3 7125
I II · IIIll BI l I · il II · I Ill
RESOLUTION NO. 35-93
A RESOLUTION OF THE ~ITY 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 dF 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.
the or his designated representative has,
WHEREAS,
City
Manager
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a ~uisance upon certain lots or parcels of land, described
the list attached hereto and made a part hereof, for v~olation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 o~ ~he
Code of Ordinances of the City of Delray Beach, the Ci:y Manager or h~s
designated representative has inspected sa~d land(s) and has determined
that a nuisance existed in accordance with the standards set fort~ ~n
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) from the date of sa~d no,ice
days
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 nulsance existed
within ten (10) days from the date of said notice, falling 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
prescribed in said notice and Chapter ~00 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, sa~d prop-
arty owner(s) failed and/or neglected to abate such nuisance(s)
the time delignated 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 ~he
list attached and made a part hereof and incurred costs in abating the
sub~ect 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 ~he
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
cost of said nuisance(s) against saLd property owner(s),
OR~ 7743 P~ 726
NOW, TMER£FORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ection i. 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 ~he lots or
parcels of land described in said report, a copy of which ~s 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 thlrty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots an~ 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.
~ That the City Clerk of the City of Delray Beach is
hereby directed to immediately 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 27th day of Aprilt 1993 has lev~ed an
assessment against said property for the cost of abatement of sa~d
nuisance by the City, and that said assessment is due and payable
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest
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.
~ That this resolution shall become effective
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the
date of the notice of said assessment(s), after which a lien shall
place~ on said property(s), and interest shall accrue at the rate of
eight ($) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
~ That in the event that payment has not been
receive4 by the City Clerk within thirty (30) days after the mailing
~ate of the notice of assessment, the City Clerk is hereby directed to
recor~ a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on =ne
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney
fee.
PASSED AND ADOPTED in regular sessionofl,~h'k~ the 27th day
ATTEST: lh~$ ~strument prepared by:
%usan ~. Ruby, Ci
ty
Attorney
:~ng City 2~0 N.W. 1st P, venue
Delray Beach ,FL 334~4
- 2 - Res. No. 35-93
01 , 7742; 727
COST OF ABATING NUISANCES UNDER CHAPTER 100
QF THE CODE OF ORDINANCES /~'
~1~./",.q
PROPERTY DESCRIPTION OWNER ASSESSMEN _
-~!W !/4 OF ~W !/4 LY~- -~_~&20XFORn LA,WE ~ (ADH. COST)
~'.. ~_. SR 8~, ~. .... OF_ C-m--¥~TA~.- LASE, IL 6001,~ ' 2.68 (RECORDING)
--EEC. i6-4~-43, PUBLIC $1
~-~uO~u~, FALM BEACH
~ S 7, gL~ ~NE . BEL S 75.e4
P~63, Pus~lu RSCORDS, BQ .......... , ~ ~3434 ~ (R~NG)
~ BEACH COUNTY, FL
(~02 POINSETTA
LOT 23, BLK C, RIDGE- R.P.I. ~NAGEMENT INC. $121.86
WOOD HEIGHTS, DEL~Y, C/O THO~S WALKER 70.00 (ADH. COST)
PB 14, P 4, PUBLIC 125 DIXIE BLVD. 2.68 (RECORDING)
RECORDS, PALM BEACH DEL~Y BEACH, FL 33444 $194.54
COUNTY, FL
(1106 SW 7TH AVE)
N50' OF S335' OF E135' LEON & GAIL R. JENKINS $ 23.48
OF BLK 14, TOWN OF 16049 RIO DEL SOL 70.00 (ADH. COST)
DEL~Y, PB 1, P 3, DEL~Y BEACH, FL 33446 2.68 (RECORDING)
PUBLIC RECORDS, PALM S 96.16
BEACH COUNTY, FL
(118 & 120 SW 6TH AVE)
LOTS 1 & 2, PA~DISE CHARLENE G. LOVETT $492.32
HEIGHTS, PB 24, P 113, 5805 OLD FORGE CIRCLE 70.00 (ADH. COST)
PUBLIC RECORDS, PALM ~LEIGH, NC 27609-4035 2.68 (RECORDING)
BEACH COUNTY, FL $565.00
(NW 6TH AVE)
LOT 1, SUB. OF N 1/2 JAMES BRO~ $509.28
OF SE 1/4 OF SE 1/4 OF HATTIE L. BROWN 70.00 (ADH. COST)
SW 1/4 UNREC/PUBLIC 802 S.W. 3RD STREET 2.68 (RECORDING)
RECORDS, PALM BEACH DEL~Y BEACH, FL 33444-1402 $581.96
COUNTY, FL
(802 SW 3RD ST)
~mmnq, ~A~--E2ACH ~O WILLIAM HOPKINS 70.00 (ADH. C
~L ~ERED AG~T ~.~8 (RECORDING)
(~_SE 1S~-AV~ ~3 FLORSYTH~ $ ~
3 Res. No. 35-93
7743
LOT 16, BLK 4, PRIEST'S ROSA L. SCOTT $221.10
ADD TO ATLANTIC PARK 545 AUBURN CIRCLE E, #B 70.00 (ADM. COST)
GARDENS, PB 23, P 40, DELI{AY BEACH, FL 33444 2,68 (RECORDING)
(216 SW 13TH AVE) ~ ~,~
]~ CF S256.4; Or- ~"£'3~' CHAIiL~ I-.-
~.-~- OF- ...... 3 2 e-"~-~. AVENUE ~~A~~pST)
DEL~Y,. ~B .1,.. P- 3, ~- DEL~Y BEA~Hv FL-33444-R-406 ~68~ (~O~~
BEACH ~~ ~ '
f~ -,'
~2 OF , , AMY ~A~ ~~'~'
P~DS, DEL~Y B~H. FL -,1~4~-~ ~ 2.6~ RDIN
~5 .Sw 5T~
LOT 11, BLK 1, ROSEMONT TOMMY PRESTON $ 58.96
PARK, DEL~Y, PB 13, 140 N.W. llTH AVENUE 70.00 (ADM. COST)
P 60, PUBLIC RECORDS, DEL~Y BEACH, FL 33444 2.68 (RECORDING)
PALM BEACH COUNTY, FL $131.64
(647 SW 5TH AVE)
E'LY 522.52' OF N 1/4 MIKE L. BLANK $277.26
OF NE 1/4 OF NW 1/4 LYG (U.S. GOVT. SPOIL AREA 651) 70.00 (ADM. COST)
W OF FIND CNL R/W (LESS P.O. BOX 1245 2.68 (RECORDING)
S25' OF E131.49' & N'LY DEL~Y BEACH, FL 33447-1245 $349.94
47' OF W'LY 53' FOR RD
R/W IN OR 2346, P 784),
SUB OF SEC. 28-46-43,
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(MC CLEARY ST)
S50' OF N200' OF W120' EDWIN C. IVY $ 47.16
OF BLK 25, TOWN OF 519 S.W. 15TH TER~CE 70.00 (ADM. COST)
DEL~Y, PB 5, P 2, DEL~Y BEACH, FL 33444-1445 2.68 (RECORDING)
PUBLIC RECORDS, PALM $ 119.84
'~~ ~' ~Zb"9'~. o-' C~ I! 9/~ ~66 ~mav~N~J~E BL~. ~ (ADM. COST)
~a~ '~u & F~ r~rTn~ .... E " .... ~5 -2 C~ (RECORDING)
~LIC AECGADC, PAL:-i
~.CII CCUIlT~L
~}~w ~ aTE AV~
4 Res. No. 35-93
7743 Ps
LOTS 1 & 2, BLK D, STIPAN GROUP, INC. $ 23.45
JOHN B. REIDS VILLAGE, PENTHOUSE E 70.00 (ADM. COST)
PB 21, P 95, PUBLIC 2929 E. COMMERCIAL BLVD. 2.68 (RECORDING)
RECORDS, PALM BEACH FT. LAUDERDALE, FL 33308 $ 96.13
COUNTY, FL
(115 VENETIAN DR)
N69.5' OF LOT 9, BLK DOROTHY MAGER $ 74.64
78, TOWN OF DELRAY, C/O GARTH MAGER 70.00 (ADM. COST)
PB 11, P 2, PUBLIC 1704 HIGH RIDGE ROAD 2,68 (RECORDING)
RECORDS, PALM BEACH LAKE WORTH, FL 33461 $ 147.32
COUNTY, FL
(102 SE 2ND AVE)
LOT 12, BLK 1, ODMANN'S MARIH HAYES EST. $1800.00
SUB., PB 4, P 53, C/O WILLIE T. GOODMAN, JR. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 123 GARFIELD AVENUE 2.68 (RECORDING)
BEACH COUNTY, FL TRENTON, NJ 08608 $1872.68
(20 NW 13TH AVE)
~u~ ur- ~ ZZ-463,D2, L ~A'NT,~A~A, ~L ?,~62 (RECORDING)
. PUBLIC RECORD.$~ALM $20,,4-¢~
LOTS 1 TO 6 INCL., SCOTT H. EMERSON $129.32
BLK 14, SOUTHRIDGE, 5 ROBINLEA CIRCLE 70.00 (ADM. COST)
PB 13, P 38, PUBLIC WOBURN, MA 01801 2.68 (RECORDING)
RECORDS, PALM BEACH 8202.00
COUNTY, FL
(600 BENJAMIN AVE)
11 & nOT
~2, BLK 60,(OLD--SC~HOOL C/C ~E~H AD~NuLF~JR. 70.00 (A~...~z~--COST)---
B'E-A-CH COUNTY, FL
~~WINT~ AVE)
LOTS 1 TO 19, INCL., ANAZA INC. $157.40
16' ALLEY THRU N-S C/O METRIUM REALTY CORP. 70.00 (ADM. COST)
CENTER & 8' ALLEY ON 1395 S. STATE RD 7 ~207 2.68 (RECORDING)
S SIDE OF BLK B, LA NO. LAUDERDALE, FL 33068 $230.08
HACIENDA, DEL~Y,
PB 12, P 6, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(1310 & 1350 N.FED.HWY)
-5- Res. No. 35-93
ORB 7'7z,.3 Ps 7:30
RECORD .2IFIED DOROTHYH WILKEN
CLERK OF THE COURT - PB COUNTY, FL
S60' OF N140' OF LILLIAN MUNNINGS $ 47.16
W140.6' OF BLK 56, TOWN 303 S.W. 2ND AVENUE 70.00 (ADM. COST)
OF DELRAY, PB 20, P 55, DELRAY BEACH, FL 33444-3508 2.68 (RECORDING)
PUBLIC RECORDS, PALM $119.84
BEACH COUNTY, FL
s. ?oL
T~ '_. ~,~ 65.{pr.n_. I~%~E~.~'~:SF~rfEGISTIA'HEINEMA~N ~9~47.16~ .,.~_~19~9
~ ~ARE HIS~C ~9 COASTA5 ~E ~_~ (ADM. COST)
~R'ICT), TOW)~ ~ ~, FL ~7 ~ (RECORDING)
~Y, PB 2, P 2~ ~.84
~IC RECORDS, P~
~ COUNT~, FL
(~1 & 313 N.SWINT~N
~E)
LOTS 5 & 6, BLK 2, R.I. & ER~ B. MITCHELL $ 46.96
BELAIR HEIGHTS, DEL~Y, P.O. BOX 40992 70.00 (ADM. COST)
PB 20, P 45, PUBLIC JACKSO~ILLE, FL 32203 2,~ (RECORDING)
RECORDS, PALM BEACH $119.64
COUNTY, FL
(31 SW 9TH AVE)
LOT 9, BLK 2, BELAIR R.I. & ER~ B. MITCHELL $ 58.70
HEIGHTS, DEL~Y, PB 20, P.O. BOX 40992 70.00 (ADM. COST)
P 45, PUBLIC RECORDS, JACKSO~ILLE, FL 32202 2.68 (RECORDING)
PALM BEACH COUNTY, FL $131.38
(45 SW 9TH AVE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
CERT I CAT ION
I, BARBAR~ GARITO, Acting 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. 35-93 which was passed by the Commission on April 27, 1993.
IN wITNESS WHEREOF, I have hereunto set my hand and the official seal of the
City of Delray Beach, Florida, on this the 3rd day of June, i993.
Barb8 ~a Garito
',~ ~ · ~ Acting City Clerk
. S. ~ A*-~_~ ~- Delray Beach, Florida
-~ .... -6- Res. No. 35-93