Res 102-93 IIBIIBIIIIIIIil !llllll
RESOLUTION NO. 102-93
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 representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
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 with the
standards set forth in Chapter 90 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 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 said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(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 Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject 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, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, 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(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 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
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same ~ature and to 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 ~nd
binding obligations upon the property against which said assessments
are levie~.
~_~ 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 9th day of November, 1993 has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is ~ue and payable
within thirty (30) ~ays after the mailing date of said notice of
assessment, after which a lien shall be place~ on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting sai~ sums.
~_~ 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 date of the notice of said assessment(s), after which a lien
shall be place~ 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.
~ 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 d&te and time of recording of
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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.
Section 5, That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances,
shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the 9th
day of November , 1993.
ATTEST:
~is instrument was prepared by:
~~~~ Susan A. Ruby, City Attorney
200 N.W. 1st Avenue
- Delray Beach, ~ 33444
City Clerk
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF TH~ CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ~
WS0' OF El50' OF S100' DIEUJUSTE PHILLSTIN $ 24°79
OF BLK 16, TOWN OF 605 S.W. 4TH STREET 15.00 (ADM. COST)
DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444-2423 3.62 (RECORDING)
PUBLIC RECORDS, PALM $ 43.41
BEACH COUNTY, FL
(605 SW 4TH ST)
W50' OF El50' OF S100' DIEUJUSTE PHILLSTIN S 24.79
OF BLK 16, TOWN OF 605 S.W. 4TH STREET 15.00 (ADM. COST)
DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444-2423 3.62 (RECORDING)
PUBLIC RECORDS, PALM $ 43.41
BEACH COUNTY, FL
(6o5 sw 4T. ST)
L_QT~I-, ~Z~TON FOREST G~NN R. & $-D4-~7 o '# /
-~-L I, PUBLIC R~OOR'DS, 'PATi~IC~tA B--_HAGGERTY -t5-~OO (ADM. COST)
· PA-L~ BE~CM COUNTY, FL 981 HICKORY TERRACE -~ (RECORDING)
62573 BESSIE ST) '~-~k BATON, FL ~34~6 $ 4,%.-4-!
LOTS 13 TO 19 INC., ANNE S. BRIGHT & $ 24.79
LINCOLN ATLANTIC PARK J. REEVE BRIGHT TRS 15.00 (ADM. COST)
GARDENS, PB 23, P 226, 700 SEASAGE DRIVE 3.62 (RECORDING)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33483-6624 $ 43.41
BEACH COUNTY, FL
(102 SW 13TH AVE)
LOT 10, BLK 4, ROSEMONT ALEXIS DAVILMARRE $ 24.79
GARDENS UNIT B, PB 29, P.O. BOX 785 15.00 (ADM. COST)
P 101, PUBLIC RECORDS, WEST PALM BEACH, FL 33402 3.62 (RECORDING)
PALM BEACH COUNTY, FL $ 43.41
(516 SW 5TH AVE)
S30' OF N90' OF E135' REBECCA HAYES $ 24.79
OF BLK 10, TOWN OF C/O EDWARD DEMPS 15.00 (ADM. COST)
DELRAY, PB 1, P 3, P.O. BOX 3099 3.62 (RECORDING)
PUBLIC RECORDS, PALM FT. PIERCE, FL 34948-3099 $ 43.41
BEACH COUNTY, FL
(242 NW 6TH AVE)
LOT 18, SUNSET PARK, ANDRE J. JOSEMOND ET AL $ 24.79
DELI{AY, PB 12, P 65, 1034 SUNSET AVENUE 15.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-2234 3.62 (RECORDING)
BEACH COUNTY, FL $ 43.41
(1034 SUNSET AVE)
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RECORD t/ER!FIED DORO H WILKEN
OF THE COURT - CC JNT¥ FL
LOT 21, BLK 3, ROSEMONT HERMIE E. REID EST. $ 24.79
PARK, DELRAY, PB 13, 614 S.W. 5TH AVENUE 15.00 (ADM. COST)
P 60, PUBLIC RECORDS, DELRAY BEACH, FL 33444-2412 3.62 (RECORDING)
PALM BEACH COUNTY, FL S 43.41
(614 sw 5TH AVE)
LOTS 15 & 16, BLK 3, ANNIE M. RIDLEY $ 24.79
ATLANTIC PARK GARDENS, 137 S.W. 12TH AVENUE #4 15.00 (ADM. COST)
DELl{AY, PB 14, P 56, DELRAY BEACH, FL 33444-1533 3.62 (RECORDING)
PUBLIC RECORDS, PALM $ 43.41
BEACH COUNTY, FL
(110 SW 12TH AVE)
N100' OF W 1/2 OF E 1/2 DIEUSEUL VIL $ 38.90
OF SE 1/4 OF LOT 1, 513 S.W. 5TH AVENUE 65.00 (ADM. COST)
SUB OF SEC. 20-46-43, DELRAY BEACH, FL 33444 3.62 (RECORDING)
PB 28, P 68, PUBLIC $107.52
RECORDS, PALM BEACH
COUNTY, FL
(513 SW 5TH AVE)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
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. 102-93 which was passed by
the Commission on November 9, 1993.
IN WITNESS WHEREOF, I have hereunto set my
hand and the official seal of the City of Delray
Beach, Florida, on this the 2nd day of
December, 1993 ~
Barbara Garito
Acting City Clerk
City of Delray Bea~
SEAL
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