Res 13-92 RESOLUTION NO. 13-92
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
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, 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 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 o~ Delra~
Beach, submitted to the City Commission a report of the costs lncurrea
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 2ist day of January, 1992 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 21st day
"of January , 1992. ~ C~_/
ATTEST:
- Cfty C~e~k
· - 2 - Res. No. 13-92
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
S150' OF E50' OF BLK 18/LESS H. & HAZEL CLEM $ 50.00
E20' RD R/W, TOWN OF DELRAY, 3 SUMMER STREET 70.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, NORWALK, CT 06851 2.50 (RECORDING)
PALM BEACH COUNTY, FL $122.50
(NW 2ND STREET)
LOT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 50.00
GARDENS, DELRAY, PB 14, P 63, 111 N.E. 16TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33435 2.50 (RECORDING)
COUNTY, FL $122.50
(SW 10TH AVENUE)
LOT 14, BLK 39, RESUB. OF WALTER & ELOUISE WALKER $ 65.00
S 1/2 OF BLK 38 & N 1/2 OF P.O. BOX 251 70.00 (ADM. COST)
BLK 39, DELRAY BEACH,PB 11, DELRAY BEACH, FL 33447 2.50(RECORDING)
P 34, PUBLIC RECORDS, PALM $137.50
BEACH COUNTY, FL
(SW 4TH AVENUE)
S40' OF N256' OF E135'OF BLK DELORES RIGGINS $ 55.00
31, TOWN OF DELRAY, PB 1, P 3, 220 S.W. 4TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.50 (RECORDING)
COUNTY, FL $127.50
(214 SW 4TH AVENUE)
LOT 21, BLK B, TOURIST NOOK, RUSSELL E. BROWN $ 40.00
DELRAY, PB 11, P 47, PUBLIC C/O JUNE DIMON 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 9720 WILLOW ROAD 2.50 (RECORDING)
(NW 8TH AVENUE) WILLIS, MI 48191 $112.50
LOTS 22 TO 26 INCL., BLK 15, ALVAN E. MCFORD $ 65.00
TOWN OF DELRAY, PB 13, P 18, 17831 N.W. 47TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH CAROL CITY, FL 33055 2.50 (RECORDING)
COUNTY, FL $137.50
(SW 3RD STREET)
E50' OF W175' OF N160' W 1/2 BEATRICE GRAHAM $ 50.00
OF S 1/2 OF LOT 5, SUB. BOBBY L. GRAHAM 70.00 (ADM. COST)
8-46-43, PUBLIC RECORDS, PALM 721 N.W. 4TH STREET 2.50 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 $122.50
(LAKE IDA ROAD)
LOT 22, BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 65.00
PB 6, P 97, PUBLIC RECORDS, 317 S.W. 5TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(SW 4TH AVENUE) $137.50
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N 1/2 OF LOT 13, BLK 30, TOWN ETHEL MACKEY $ 55.00
OF DELRAY, PB 1, P 3, PUBLIC C/O SHIRLEY WALLACE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 1120 N.W. 64TH STREET 2.50 (RECORDING)
(SW 4TH AVENUE) MIAMI, FL 33150 $127.50
S150' OF W135.5' OF BLK 26, FRED MC COY $ 87.90
TOWN OF DELRAY, PB 5, P 64, 4950 N.W. 15TH COURT 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL 33142 2.50 (RECORDING)
COUNTY, FL $160.40
(NW 2ND STREET)
E50' OF S135' OF BLK 3, TOWN ARIDEEN CLOSE $ 65.00
OF DELRAY, PB 1, P 3, PUBLIC C/O BENJAMIN BALDWIN 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 1392 LAWRENCE ROAD 2.50 (RECORDING)
(NW 1ST STREET) DELRAY BEACH, FL 33445 $137.50
LOT 96, TROPIC ISLE, PB 24, JAMES & ELIZABETH $ 50.00
P 235, PUBLIC RECORDS, PALM A. GINESI 70.00 (ADM. COST)
BEACH COUNTY, FL 363-A BRICKYARD ROAD 2.50 (RECORDING)
(TROPIC BLVD.) FREEHOLD, NJ 07728 122.50
LOT 29, BLK B, TOURIST NOOK, DELVERNA C. RILEY $ 50.00
PB 11, P 47, PUBLIC RECORDS, 231 N.W. 8TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(NW 8TH AVENUE) 122.50
W55' OF LOTS 11 & 12, BLK 23, MARIE QUINCE $ 36.00
TOWN OF DELRAY, PB 10, P 69, 506 S.W. 14TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.50 (RECORDING)
COUNTY, FL $108.50
(SW 6TH AVENUE)
LOT 10, NICHOL'S 1ST ADD TO JULIANA NAJULSAINT $ 94.00
DELRAY BEACH, PB 21, P 69, JEANNOT BAPTISTE & 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH G.F. AIMES 2.50 (RECORDING)
COUNTY, FL 1013 S.W. 8TH AVENUE $166.50
(120 SW 7TH STREET) DELRAY BEACH, FL 33444
LOTS 1 & 2/LESS RD R/W, BLK 11, L. C. PROPERTY OF DELRAY $ 94.00
OSCEOLA PARK, PB 3, P 2, BEACH, INC. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 5730 N. FEDERAL HWY. 2.50 (RECORDING)
COUNTY, FL FT. LAUDERDALE, FL 33308 $166.50
(SE 6TH AVENUE & SE 6TH ST)
LOTS 3 & 4, BLK 2, RIO DEL JAMES GINESI $ 38.25
REY SHORES, PB 25, P 5, 363-A BRICKYARD ROAD 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH FREEHOLD, NJ 07728 2.50 (RECORDING)
COUNTY, FL $110.75
(SE 6TH AVENUE)
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LOT 17, BLK 1, ATLANTIC PARK ELKANNAH HEPBURN $ 28.00
GARDENS, DELRAY, PB 14, P 56, 1500 N. CONGRESS AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH APT. C-9 2.50 (RECORDING)
COUNTY, FL WEST PALM BEACH, FL 33401 $100.50
(NW 13TH AVENUE)
LOT 19, BLK 1, ODMANN'S SUB., O.W. & MILDRED BURROUGHS $ 64.00
PB 4, P 53, PUBLIC RECORDS, 243 BILBOA STREET 70.00 (ADM. COST)
PALM BEACH COUNTY, FL ROYAL PALM BEACH,FL 33411 2.50 (RECORDING)
(NW 13TH AVENUE) $136.50
LOT 19, BLK 2, ATLANTIC PARK J.D. & EARLINE MONROE $125.00
GARDENS, DELRAY, PB 14, P 56, 32 EARLE STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH HARTFORD, CT 06120-1714 2.50 (RECORDING)
COUNTY, FL $197.50
(SW 13TH AVENUE)
LOT 24, BLK A, WEST SIDE DURANTE-STROCK INC. $ 50.00
HEIGHTS, DELRAY, PB 13, P 61, 2160 W.ATLANTIC AVE, 9100 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 2.50 (RECORDING)
COUNTY, FL $122.50
(NW 9TH AVENUE & NW 2ND ST)
LOT 4, BLK A, WEST SIDE STRAGHN ENTERPRISES OF $ 65.00
HEIGHTS, DELRAY, PB 13, P 61, DELRAY BEACH, INC. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 26 S.W. 5TH AVENUE 2.50 (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33444 $137.50
(NW 10TH AVENUE)
LOT 5, BLK 2, J.G. FENNO'S ETHEL MACKEY $ 55.00
SUB., PB 2, P 89, PUBLIC C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 1120 N.W. 64TH STREET 2.50 (RECORDING)
(NW 9TH AVENUE) MIAMI, FL 33150 $127.50
LOTS 18 TO 20 INC., BLK 5, DORA M. TROUTT $261.48
SOUTHRIDGE, PB 13, P 38, C/O M. REESE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH RR 4, BOX 238 2.50 (RECORDING)
COUNTY, FL PERRY, FL 32347 $333.98
(625 DOUGLAS AVENUE)
ALL OF PLAT, CORNICHE, PUBLIC CRAFT DEV. II, INC. $ 59.40
RECORDS, PALM BEACH COUNTY, FL 18559 LONG LAKE DRIVE 70.00 (ADM. COST)
(SE 6TH AVENUE) BOCA RATON, FL 33496 2..50 (RECORDING)
$131.90
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS,VEGETATION
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-5- Res. No. 13-92