Res 66-93 fill llllllll!l lllllIll
RESOBUTIO~ ~O. 66-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE
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 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 Dart 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, 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 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 =o abas~ uhe
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 ~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 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),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. 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 13th day of July 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.
Section 5. 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 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.
PASSED AND ADOPTED in regular session on this the 13th day
of July , 1993.
ATTEST:/q~,/~__ This instrument was prepared by:
{]~,~o~i~1~¢7/7;~j~--- Susan A. Ruby, City Attorney
- cfty Cler~ ~ 200 N.W. let Avenue
Delray Beach, FL 33444
- 2 - Res. No. 66-93
Z 49 J66
COST OF ABATING NUISANCES UNDER CHAPTER 100
O~' THE CODE OF ORDINANCES
PROPERTY DESCRIPTION QWNE~ ~$-~-~u~-~~ '~ ~ ·
~.73' OF W'~ DA~I~.n LTD. $4
~66.27' OU LOT 15 ~HIP 70.00
( ~, 500 ~C AaTaUa s~vu. N~.90
(1
W20' OF N130~ OF S150', LAKE IDA DEV. CORP. $721.39
E20' OF N130' OF S150' C/O JAMES W. GEIGER 70.00 (ADM. COS_)
& S20' OF W 1/2 OF LOT 2831 N.E. 21ST COURT 2.90 (RECORDING)
19, SUB OF SEC 8-46-43, FT. LAUDERDALE, FL 33305-3617 $794.29
PB 1, P 3, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(LAKE IDA ROAD)
LOT 22, BLK 47, TOWN OF LUCINA MERTIL & $ 43.16
DELRAY, PB 12, P 81, MIRABEAU MITIAL 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 215 S.W. 3RD AVENUE 2.90 (RECORDING)
BEACH COUNTY, FL DELI{AY BEACH, FL 33444-3651 $116.06
(215 SW 3RD AVE)
LOT 21 (LESS 1-95 R/W) CHARLES & ELIZABETH FREITAS $295.74
& LOT 22, BLK 1, P.O. BOX 24351 70.00 (ADM. COST)
ODMANN'S SUB., PB 4, FT. LAUDERDALE, FL 33307 2.90 (RECORDING)
P 53, PUBLIC RECORDS, $368.64
PALM BEACH COUNTY, FL
('19 NW 14TH AVE)
S5' OF LOT 1 & N71.5' SYLVIA SCHUPLER TR. $ 74.64
OF LOT 2, BLK 30, TOWN 3101 WASHINGTON ROAD 70.00 (ADM. COST)
OF DELRAY, PB 1, P 3, W. PALM BEACH, FL 33405-1644 2.90 (RECORDING)
PUBLIC RECORDS, PALM $147.54
BEACH COUNTY, FL
(109 SW 5TH AVE)
S 1/2 OF LOT 5, BLK 30, ETHEL J. MACKEY S 82.38
TOWN OF DELRAY, PB 1, C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, 1120 N.W. 64TH STREET 2.90 (RECORDING)
PALM BEACH COUNTY, FL MIAMI, FL 33150-4231 $155,28
(129 SW 5TH AVE)
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LOT 3, BLK 47, TOWN OF ROBERT G. & PATRICIA ALLEN $ 86.38
DELRAY, PB 12, P 81, 206 S.W.2ND AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.9Q (RECORDING)
BEACH COUNTY, FL $159.28
(206 SW 2ND AVE)
.LOT 19, BLK 10, EVELYN CLINTON $ 35.42
ATLANTIC GARDENS, C/O SONYA HOLLEY 70.00 (ADM. COST)
DELRAY, PB 14, P 63, 217 N.W. 7TH AVENUE 2.90 (RECORDING)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 $108.32
BEACH COUNTY, FL
(SW 10TH AVE)
LOTS 2, 3 & LOT 23, ARTHUR J. & SUSAN ALGONAS $ 92.00
SUNSET PARK, DELRAY, 75 N.E. 6TH AVENUE 70.00 (ADM. COST)
PB 12, P 65, PUBLIC DELRAY BEACH, FL 33483 2.90 (RECORDING)
RECORDS, PALM BEACH $164.90
COUNTY, FL
~~.~.~.L...~ 4 ~~
DGE RD )
LOTS 4 & 5, BLK 2, L. D. TERRY $275.00
SILVER TERRACE, DELRAY, 6901 S. CONGRESS AVENUE 70.00 (ADM. COST)
PB 11, P 61, PUBLIC LAKE WORTH, FL 33462 2.90 (RECORDING)
RECORDS, PALM BEACH $347.90
COUNTY, FL
(1205 S DIXIE HWY)
F~J~IGE~--PB-'f~-P 38, RENRY'VATy ~.O'~0 (ADM. COST)
~-.,P-.U,IALI. C...P..~,~,w~~~ .......... ~O~,$TE~/~GAVENUE
(RECORDING)
LOT 14, NICHOLS 1ST ELISE JACKSON & $ 72.00
ADD TO DELRAY BEACH, NELLIE JACKSON waived (ADM. COST)
PB 21, P 69, PUBLIC 14 S.W. 7TH STREET 2.90 (RECORDING)
RECORDS, PALM BEACH DELRAY BEACH, FL 33444-3543 $ 74.90
COUNTY, FL
(14 & 16 SW 7TH ST)
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LOT 26, BLK 4, MONROE MIRIAM B. HOOD $235.00
SUB., PB 14, P 67, 2151 N. KROME AVENUE 70.00 (ADH. COST)
PUBLIC RECORDS, PALM HOMESTEAD, FL 33030-3243 2.90 (RECORDING)
BEACH COUNTY, FL $307.90
(NW 8TH AVE)
LOT 26, BLK 12, MONROE SHEDRICK FASHAW & $ 60.00
SUB., PB 14, P 67, LONIE B. FASHAW 70.00 (ADH. COST)
PUBLIC RECORDS, PALM 221S. COUNTRY CLUB BLVD. 2.90 (RECORDING)
BEACH COUNTY, FL BOCA RATON, FL 33487 $132.90
(NW 7TH AVE)
S37.5' OF W130' OF N75' JAMES STEPHENS $ 80.00
'OF S 1/2 OF BLK 12, 7053 GLENWOOE DRIVE 70.00 (ADH. COST)
TOWN OF DELRAY, PB l, LANTANA, FL 33462 2.90 (RECORDING)
P 3, PUBLIC RECORDS, $152.90
PALM BEACH COUNTY, FL
(NW 7TH AVE)
LOTS 3 & 4, BLK 8, DELL RICHARD A. COURT $ 87.00
PARK, PB 8, P 56, 1012 N.E. 3RD AVENUE 70.00 (ADH. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-4025 2.~Q (RECORDING)
BEACH COUNTY, FL $159.90
(1012 NE 3RD AVE)
LOTS 8 & 9 (LESS RD DOLORES A. LIDDY TR $100.00
R/W), BLK 2, SOPHIA C/O ARNOLD F. KURZINGER 70.00 (ADH. COST)
FREY ADD, PB 4, P 37, 4426 GLENEAGLES DRIVE 2.90 (RECORDING)
PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33436-4805 $172.90
BEACH COUNTY, FL
(911 N FED HWY)
LOT 51, SUNSET PARK, ENRIQUE C. & AMPARA RAMOS $155.00
DELRAY, PB 12, P 65, ESTATE 70.00 (ADH. COST)
PUBLIC RECORDS, PALM [015 ~ANGO DRIVE 2.90 (RECORDING)
BEACH COUNTY, FL P.O. BOX 1094 $227.90
(1015 MANGO DR) DELRAY BEACH, FL 33447-[094
VIOLATION IS: SEC. 100.0[ LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-5- Res. No. 66-93
OR~ 78~9 P~ ;~69
RECORD VERIFIED DOROll4Y H WIL~EN
CLE~' OF T~ COURT - P8 CO~T¥, FL
C R R? I F I CAT I ON
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.
66-93 which was passed by the Commission on July 13, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and
the official seal of the City of Delray Beach, Florida on
this the 16th day of August, 1993.
Al£soh Mac~d~or ~a~ty - !
City Clerk
City of Delray Beach
EAL
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Res. No. 66-93