Res 59-93 RESOLUTION NO. 59-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDINg FOR THE RECORDINg OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated repreaentatave
has, pursuant to Chapter 90 of the Code of Ordinances, removed Junked
and/or abandoned vehicles owned by persons described in the l~st
attached hereto and made a part hereof, for violation of the provisaons
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance wlth the
standards set forth in Chapter 90 of the Code of Ordinances, and dad
furnish the respective owner(s) of the land(s) described ~n the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s} named in the list attached
hereto and made a part hereof did fail and neglect to remove saad
.junked and/or abandoned vehicles, and thus failed to abate the hUeS-
ante(s) or to properly request a hearing pursuant to Chapter 90 w~th~n
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if tho property owner(s) did request and receAve a hearing, sale
property owner(s) failed and/or neglected to abate such nuasance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Adminastrat~on
was therefore required to and did remove said ~unked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof &nd incurred costs in abating the sub~ect nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submit=ed to the City Commission a report of the costs incurred
in aba=lng said nuisance(s) as aforesaid; and,
WHEREA~, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(g) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL~AY 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 a copy of
which is attached hereto and made a par~ hereof, are hereby lev~ed
against the parcel(s) of land described in said report and ~n the
amount(a) indicated thereon. Said assessments so levied shall, ~f not
paid within thirty (30) days after mailing of the notice described ~n
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of =he same nature and =o the same extent as
the lien for general 'city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
~.~ That such assessment 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 ~s
hereby directed Co immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of :he
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the 22nd day o~ Jun~. lPq~ has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment ia due and payable
within thirty (30) days after the mailing date of said not,ce 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 coats of collecting said sums.
S~tion 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s} contained
herein and shall become due and payable thirty (30) days after the
mailing dace of the notice of said assessment(s), after which a l~en
shall be placed on said property(s), and interest shall accruo a= =he
rate of eight (8) 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 no= 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 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
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.
~ That at the time the City Clerk sends the
certified copy of this resolution for recording, a notxce of lien, ~n
the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to Che property owner.
PA$SEO AND ADOPT£0 in regular session on this the 22Dd
day of 3n,~ , ~993.
ATTEST: This instrument was prepared by:
Susan A. Ruby, City Attorney
~~~/' ~2~ 200 N.W. 1st Avenue
---..~;~,ZF~ D~lray Beach FL 33444
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COST OF ABATING NUISANCES UNDER CHAPTER 100
Q~ THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER -~--_~~~.~.~ q ~
BEACH COUNT~FL
LOT 21, CARVER SQUARE, POLIUS & PIERRETTE LABBE $ 38.50
PS 24, P 11, PUBLIC 702 S.W. 2ND TER~CE 15.00 (ADH. COST)
RECORDS, PALM BEACH DEL~Y BEACH, FL 33444 3,92 (RECORDING)
COUNTY, PL $ 57.42
(702 SW 2ND TER~CE)
LOT 19 & N20' OF LOT MICHAEL A. NOLA $ 38.50
20, BLK 8, OSCEOLA CARL D. NOLA 15.00 (ADH. COST)
PARK, PB 3, P 2, 1200 S.W. 27TH AVENUE ~,92 (RECORDING)
PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33435 $ 57.42
BEACH COUNTY, FL
(702 SE 3RD AVE)
LOT 33, BLK 1, ATLANTIC B. & CLA~ ANDREWS $130.00
PINES, PB 13, P 77, 21 N.W. 12TH AVENUE 15.00 (ADH. COST)
PUBLIC RECORDS, PALM DEL~Y BEACH, FL 33444-1643 ~,92 (RECORDING)
BEACH COUNTY, FL $148.92
(19 NW 12TH AVE)
LOT 12, BLK 3, PALM DERIS~R & ~RIE DIPRE~ $ 38.50
STATE HEIGHTS, PB 26, 313 S.W. 10TH STREET 15.00 (ADH. COST)
P 64, PUBLIC RECORDS, DEL~Y BEACH, FL 33444 3.92 (RECORDING)
PALM BEACH 'COUNTY, FL $ 57.42
(313 SW 10TH ST)
N100' OF W 1/2 OF E 1/2 DIEUSEUL VIL $ 38.50
OF SE 1/4 OF LOT 1, SUB. 513 S.W. 5TH AVENUE 15.00 (ADH. COST)
OF SEC. 20-46-43, PB 28, DEL~Y BEACH, FL 33444 3.92 (RECORDING)
P 68, PUBLIC RECORDS, $ 57.42
PALM BEACH COUNTY, FL
(513 SW 5TH AVE)
LOT 31, BLK B, RIDGE- FILIBERTO CAMPOS $ 18.50
WOOD HEIGHTS, DEL~Y, 1046 S.W. 7TH AVENUE 15.00 (ADH. COST)
PB 14, P 4, PUBLIC DEL~Y BEACH, FL 33444 4,00 (RECORDING)
RECORDS, PALM BEACH $ 37.50
COUNTY, FL
(1046 SW 7TH AVE)
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LOT 4, BLK 65 (OLD ROLF E. & VIRGINIA HEINEMANN $ 18.50
SCHOOL SQUARE HISTORIC 5549 COASTAL DRIVE 15.00 (ADM. COST)
DISTRICT), TOWN OF BOCA RATON, FL 33487 4,O0 (RECORDING)
DELRAY, PB 1, P 20, $ 37.50
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(311 & 313 N SWINTON AVE)
N'LY 133.18' OF S206' THOMAS GIPSON $ 18.50
OF E'LY 129' OF NE 1/4 68 N.W. 18TH AVENUE 15.00 (ADM. COST)
OF SW 1/4 OF SE 1/4 OF DELRAY BEACH, FL 33444-1686 4,00 (RECORDING)
NE 1/4 AS IN OR 2246, $ 37.50
P 578 (LESS E20' RD
R/W), SUB OF SEC
18-46-43, PB 6, P 51,
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(68 NW 18TH AVE)
W20' OF N130' OF S150', LAKE IDA DEV. CORP $115.50
E20' OF N130' OF S150' C/O JAMES W. GEIGER 65.00 (ADM. COST)
& S20' OF W 1/2 OF LOT 2831N.E. 21ST COURT 4,00 (RECORDING
19, SUB OF SEC 8-46-43, FT.LAUDERDALE, FL 33305-36217 $184.50
PB 1, P 3, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(LAKE IDA ROAD)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRVATE PROPERTY; EXCEPTIONS.
C E R T I F I C A T I O N
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. 59,93 which was passed
by the Commission on June 22, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and the official
seal of the City of Delray Beach, Florida, on this the 28th day of
July, 1993.
.
· ,~. Alison MacGregor Haruy
City Clerk
S E~A L City of Delray Beach
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