Res 72-93A 01~ 7'E~C;~ ~ ~8~
RESOLUTION NO. 72A-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 OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
INCURRED BY THE CITY TO ACCOMPLISH SUCH
OUT
ACTUAL
COSTS
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDINS FOR AN EFFECTIVE DATE AND ~OR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDINS FOR THE
RECORDING OF THIS RESOnUT~ON, AND DECLAR~NS SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
WHEREAS, the City Manaqer or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the ex~s-
ronco of a nuisance upon certain lots or parcels of land, ~escrl~ed ~n
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 hms
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth ~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 nulsance(s) and
sent notice that within ten ()0) 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 abat!ng
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-
arty owner(s) failed and/or neglected to abate such nuisance(s) w~ch~n
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 Adm£n~stration 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:
~ 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 ~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 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 zs
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 10th day of AuGust, 1993 has levied an
assessment against said property for the cost of abatement of sald
nuisance by the City, and that said assessment is due and payable w~thzn
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest w~ll
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 ma~!ed,
along with the Notice of Assessment and this resolution.
~ 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 C3er~ is hereb? directed =o
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 a~
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the 10th day
of August , 1993. ~~ .~__~/_
ATTEST:
,--*~,~ ~/~.~D//~7'?'f'f]q£~J~"~z3'7~q;/'~ This instrument was
parepared
by
Cfty Cle~k ! Susan A. Ruby, City Attorney
200 N.W. let Avenue
Delray Beach, FL 33444
- 2 - Res. No. 72A-93
ORB 7E~c; ~. P~ ~ ~5~
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES / ~/~
PROPERTY D~SCRIPTION OWNER ASSESSMENT,~ ~/~
~--~-;--'BL~ 5, ~SOLUTION TR CORP RECV' R FO~ S--~O. O0 ~' /
_Ca~TELAIN~ NO. ~, '~IRST FED S~V a~ C/O SU~O ~ (~D,. COS~)
~--29, P 95, PUBnIC ~-~WN~ C~NTER CIR STE'510 ~~ (RECORDING)
~ORDS, PA~N BEACH ~A ~TO~, F~ 33~86 ~3.00
~T-.1, BLK 5,-' ~LUTION TR CORP
C~ELAINE NO. 1, ~~T-FED SAV BK C/O SHAPIRO ~0 (ADH. COST)
~.29, P 95, PUBLIC ~C~'~O~E~ CENTER CiR-S~-510 ~~ (RECORDING)
~ORDS~ PALM BEACH BO~N~ FL'33486 ~'~
~TY, FL'
~-3625 AVE MONTRESSO~
S67.1' OF N142.1' OF J. PIERRE-PAUL CADET $ 75.00
W130.44' OF E155.44' 702 W. ATLANTIC AVENUE 70.00 (ADH. COST)
OF E 1/2 OF S 1/2 OF DEL~Y BEACH, FL 33444 3.00 (RECORDING)
BLK 4, TOWN OF DEL~Y, 8148.00
PB 1, P 3, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(14 NW 7TH AVE)
LOT 10, BLK 25, TOWN DAVID HARGROVE $ 80.00
OF DEL~Y, PB 5, P 2, 220 N.W. 4TH AVENUE 70.00 (ADH. COST)
PUBLIC RECORDS, PALM DEERFIELD BEACH,FL 33441-1727 $,00 (RECORDING)
BEACH COUNTY, FL 8153.00
(419 NW 3RD ST)
LOTS 7 & 8,' BLK 36, WILLIE M. RICHARDSON 8139.00
TOWN OF DEL~Y, PB 5, 34 N.W. 3RD AVENUE 70.00 (ADH. COST)
P 38, PUBLIC RECORDS, P.O. BOX 2363 $,0Q (RECORDING)
PALM BEACH COUNTY, FL DEL~Y BEACH, FL 33447-2363 8212.00
(34 NW 3RD AVE)
LOT 22, BLK 32, TOWN J.W. & ~RGARET YOUNG $119.00
OF DEL~Y, PB 6, P 97, 317 S.W. 5TH AVENUE 70.00 (ADH. COST)
PUBLIC RECORDS, PALM DEL~Y BEACH, FL 33444-2405 3.00 (RECORDING)
BEACH COUNTY, FL 8192.00
(SW 4TH AVE)
W 1/2 OF LOT 7, BLK 30, ALBERT ~RTIN & $ 83.00
TOWN OF DEL~Y, PB 1, ~RYLIN S. BARON 70.00 (ADH. COST)
P 3, PUBLIC RECORDS, P.O. BOX 4~4002 ~.00 (RECORDING)
PALM BEACH COUNTY, FL MIAMI BEACH, FL 33141-0002 $156.00
(SW 5TH AVE)
-2- Res. No. 72A-93
E 1/2 OF LOT 7, BLK 30, ISADOR BRADY ESTATE $ 73.00
TOWN OF DELRAY, PB 1, C/O F. MARKS 70.00 (ADM. COST)
P 3, PUBLIC .RECORDS, UNIVERSITY PLACE 3.00 (RECORDING)
PALM. BEACH COUNTY, FL IRVINGTON, NJ 07111 $146.00
(SW 5TH AVE)
LOTS 1 & 2 (LESS N15' VALENTINE & FRANCES GABALDON $177.00
RD R/W), BLK B, RIDGE- 328 4TH STREET 70.00 (ADM. COST)
WOOD HEIGHTS, DELRAY, W. PALM BEACH, FL 33401-4206 3.00 (RECORDING)
PB 14, P 44, PUBLIC $250.00
RECORDS, PALM BEACH
COUNTY, FL
(702 sw lOTH ST)
LOT 23, BLK 23, Tow~ GRACE BARNETT 3247.00
OF DELRAY, PB 10, 1401 39TH STREET 70.00 (ADM. COST)
P 69, PUBLIC RECORDS, W. PALM BEACH, FL 33407-3631 $,00 (RECORDING)
PALM BEACH COUNTY, FL 3320.00
(SW 3RD ST)
/--~L:: 7, CSCmCLA ~RX, 630 ~ (ADM. COST)
~--.~ 3, ~ 2, PUBLIC- DFT.P~Y ~ACH, FL ~4~3 ~ (RECORDING)
COUNTY, F~.
S60~ OF N140' OF LILLIAN MUNNINGS $ 57.50
W140.6~ OF BLK 56, 303 S.W. 2ND AVENUE 70.00 (ADH. COST)
TOWN OF DELRAY, PB 20, DELRAY B~ACH, FL 33444-3508 ~,00 (R~CORDING)
P 55, PUBLIC RECORDS, $130.50
PALM B~ACH COUNTY, FL
(303 SW 2ND AVE)
S 1/2 (LESS S135' S. CASSEL MARWIN TR $ 60.00
N171' OF E135' & ~171' C/O ISIS ~T AL 70.00 (ADH. COST)
OF W 135'), BLK 19, P.O. BOX 144567 ~,00 (R~CORDING)
TOWN OF D~LRAY, PB 11, CORAL GABLES, FL 33114-4567 $133.00
P 73, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(NW 5TH AV~)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-4- Res. No. 72A-93
ORB 785'~. P9 1.837
RECORD ~RIFIED DOROTHY H i~[LftlEN
CLERK OF THE COURT - P~ COUNTY,
CERTIFICATION
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. 72A-93
which was passed by the Commission on August 10, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this
the 15th day of September, 1993.
Alison MaCzGr~g~r ~arty !
-'i, City Clerk
~':'' "? ],U City of Delray Beach
Res. No. 72A-93
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