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Res 36-93 ORB 7743 720 II · Illll II I I I I IIII! I!! RESOLUTION NO. 36-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 CF THE CODE OF ORDINANCES OF THE CITY OF DELP~Y 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, ~00.21 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), 77A3 72 . 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 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 April, 1993 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 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. ~L~ 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 o~ 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 's the 27th day ATTEST: This instrument prepared by: ~ Susan A. Ruby, City Attorney Acting City Clerk 200 N.W. 1st Avenue Delray Beach, FL 33444 - 2 - Res. No.36-93 OR~. 774~J P.~ 7,22 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CQDE OF ORDINANCES PROPERTY DESCRIPTION QWNER ASSESSMENT E50' OF W483' OF S140' LOUIS A. PRATT $ 27.68 OF N165' OF N 1/2 OF 41S.W. 9TH AVENUE, APT. 8 70.00 (ADH. COST) NW 1/4 OF SW 1/4 OF DELRAY BEACH, FL 33444-2549 2.85 (RECORDING) NW 1/4, SUB OF SEC $100.53 17-46-43, PUBLIC RECORDS, PALM BEACH (NW 2ND STREET) .., ~"' ~;ORiAL PARK ~us., ~21S.W. 3~ COUDT . ~0.OO (ADM. COST) ,~-- ............. BOY~mON nm~. ~T. 33435 ~ ~ (RECORDING) RECORDS, PAL~4 ~EAC,q LOT 21 (LESS 1-95 R/W) CHARLES & ELIZABETH FREITAS $ 40.11 & LOT 22, BLK 1, P.O. BOX 24351 70.00 (ADH. COST) ODMANN'S SUB., PB 4, FT. LAUDERDALE, FL 33307 2.85 (RECORDING) P 53, PUBLIC RECORDS, $112.96 PALM BEACH COUNTY, (19 NW 14TH AVE) P~RDS, ~ ~NE . NG) LOT 3, BLK A, TOURIST MILDRED BURNS $ 53.24 NOOK, DEL~Y, PB 11, 330 N.W. 7TH AVENUE 70.00 (ADH. COST) P 47, PUBLIC RECORDS, DEL~Y BEACH, FL 33444 2.85 (~ECORDING) PALM BEACH COUNTY, FL $126.09 c, :c, ~~M D:A~. cOUNTY, FE -3- Res. No. 36-93 7743 B__~ P~~_~~UBLIC . . ~,v,--6AD~i. C~ST) LOT 19, BLK 2, ATLANTIC J.D. & EARLINE MONROE $ 35.42 PARK GARDENS, DELRAY, 32 EARLE STREET 70.00 (ADM. COST) PB 14, P 56, PUBLIC HARTFORD, CT 06120-1714 2,85 (RECORDING) RECORDS, PALM BEACH $108.27 COUNTY, FL (39 SW 13TH AVE) LOT 39, DELRAY BEACH GERALD J. SOLOMON $ 53.14 ESTATES, PB 21, P 13, 17096 NORTHWAY CIRCLE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BOCA RATON, FL 33496 2.85 (RECORDING) BEACH COUNTY, FL $125.99 (2345 N FED HWY) LOT 19, BLK 1, O.W. & MILDRED BURROUGHS $260.52 ODMANN'S SUB., PB 4, 243 BILBOA STREET 70.00 (ADM. COST) P 53, PUBLIC RECORDS, ROYAL PALM BEACH, FL 33411 ~.85 (RECORDING) PALM BEACH COUNTY, 3333.37 ~,~n TO O£CE©na DAR~,----- ~ AVENUE -~8-r~-(ADM. COST) ~~L .'-~..r.~- v ~ ~ ~ ..,~,r--~ ~'r~'9-- ( RECORD I NG ) B~~Y, FL LOT 4, BLK A, WEST ST~GHN ENTERPRISES OF $ 39.42 SIDE HEIGHTS, DEL~Y, DEL~Y BEACH, INC. 70.00 (ADM. COST) PB 13, P 61, PUBLIC 26 S.W. 5TH AVENUE 2.85 (RECORDING) RECORDS, PALM BEACH DEL~Y BEACH, FL 33444-2512 $112.27 COUNTY, FL (NW 10TH AVE) LOT 96, TROPIC ISLE, JAMES & ELIZABETH A GINESI $ 39.42 PB 24, P 235, PUBLIC 363-A BRICKYARD ROAD 70.00 (ADM. COST) RECORDS, PALM BEACH FREEHOLD, NJ 07728 2.85 (RECORDING) COUNTY, FL $112.27 (SPANISH T~IL) -4- Res. No. 36-93 ,..~j 7743 P~. 724 RECORD VERIFIED IX)ROTHY H )4ILK~ CLERK OF THE COURT - PB COUNTY, FL LOT 19, BLK 10, EVELYN CLINTON $ 35.42 ATLANTIC GARDENS, 111N.E. 16TH AVENUE 70.00 (ADM. COST) DELRAY, PB 14, P 63, BOYNTON BEACH, FL 33435 2.~ (RECORDING) PUBLIC RECORDS, PALM $108.27 BEACH COUNTY, FL (SW 10TH AVE) S50' OF N250' OF E135' R.P.I. MANAGEMENT $153.08 OF BLK 13, TOWN OF P.O. BOX 2501 70.00 (ADM. COST) DELRAY, PB 1, P 3, 7825 N. BAYSHORE COURT 2.85 (RECORDING) PUBLIC RECORDS, PALM MIAMI, FL 33138 $225.93 BEACH COUNTY, FL (20 SW 6TH AVE) LOT 23, BLK 41, TOWN JAMES E. CLINTON $493.53 OF DELRAY, PB 5, P 65, ROBIN Y. HOLMON 70.00 (ADM. COST) PUBLIC RECORDS, PALM 333 N.W. 3RD AVENUE 2.85 (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 $566.38 (333 NW 3RD AVE) VIOLATION IS: LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. CERTIFICATION I, BARBARA 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. 36-93, which was passed by the City 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, 1993. Barbara Garito _.... ~ Acting City Clerk ~. Delray Beach, Florida SEAL -~ ..... j~ ~ -5- Res. No. 36-93