Res 21-92 RESOLUTION NO. 21-92
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 T~E CITY TO ACCOMPLIS~ SUC~
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 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.ChaDter 100. of the Code Df Ordinances d~s%res to assess the
~os~ oI sal~ nu~sance{sj against said property ownerls;,
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 llth day of February, 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 llth day
of February , 199Z. ~.~~~,
ATTEST:
CftY ¢I~r~
- 2 - Res. No. 21-92
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT ·
THE PT OF ELY77.41' OF N100' COMMUNITY LAND CORP.ET AL $125.00
OF S125' OF W 1/4 OF LOT 5 LYG P.O. BOX 5001 50.00 (ADM. COST)
ELY OF 1-95 R/W, SUB. OF SEC. LIGHTHOUSE PT, FL 33074 2.55 (RECORDING)
17-43-46, PUBLIC RECORDS, PALM $177.55
BEACH COUNTY, FL
(SW 15TH AVENUE)
LOT 20, BLK 2, ATLANTIC PARK MARTHA ALEXANDER $175.00
GARDENS, PB 14, P 56, PUBLIC 45 SW 13TH AVENUE 70100 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.55 (RECORDING)
(45 SW 13TH AVENUE) ~
LOT 2, WILLIAMS SUB., pB 24, ARNETTA HAYWOOD ' $ 94.00
P 180, PUBLIC RECORDS, PALM 325 ROOSEVELT AVENUE 70.00 (ADM. COST)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.55 RECORDING)
(236-238 SW 15TH AVENUE) $166.55
E28' OF LOT 3 & W48' OF LOT 4, ROBERT G. LAZAR $187.00
BLK 4, BELLVIEW MANOR, PB 24, 356 GOLFVIEW ROAD #609 70.00 (ADM. COST)
P 54, PUBLIC RECORDS, PALM NORTH PALM BCH, FL 33408 2.55 (RECORDING)
BEACH COUNTY, FL $259.55
(208 SW 8TH COURT)
LOT 4, BLK 23, TOWN OF DELRAY, MELVIN SMITH OR THE $ 82.00
PB 10, P 69, PUBLIC RECORDS, ESTATE OF MELVIN SMITH 70.00 (ADM. COST)
PALM BEACH COUNTY, FL OR MELVIN SMITH'S HEIRS, 2.55 (RECORDING)
(SW 5TH AVENUE) DEVISEES, LEGATEES, $154.55
GRANTEES, OR THOSE
CLAIMING BY, THROUGH OR
UNDER MELVIN SMITH
215 SW 5TH AVENUE
DELRAY BEACH, FL 33444
LOT 18, BLK 23, TOWN OF DELRAY, MATILDA JOHNSON $ 28.00
PB 10, P 69, PUBLIC RECORDS, 225 SW 6TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.55 (RECORDING)
(SW 6TH AVENUE) $100.25
LOTS 32 & 33, BLK 15, TOWN OF VERA F. GIBSON $ 64.00
DELRAY, PB 13, P 18, PUBLIC P.O. BOX 66 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL INKSTER, MI 48141 2.55 (RECORDING)
(SW 6TH AVENUE) $136.55
LOT 11, CARVER SQUARE, PB 24, BENANGE DESSALINES $ 76.00
P 11, PUBLIC RECORDS, PALM RICOULD DARMESTOY 70.00 (ADM. COST)
BEACH COUNTY, FL 700 SW 2ND COURT 2.55 (RECORDING)
(700 SW 2ND COURT) DELRAY BEACH, FL 33444 $148.55
-3- Res. No.21-92
S90' OF Nll0' OF BLK 21/LESS DAVID HARGROVE $ 52.00
W175', TOWN OF DELRAY, PB 1, MATTIE B. HUDSON 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM 220 NW 4TH AVENUE 2.55 (RECORDING)
BEACH COUNTY, FL DEERFIELD BCH, FL 33441
(SW 5TH AVENUE)
LOT 17, BLK 54, RESUB. OF BLK SCOTT KATZ $236.00
54, DELRAY BEACH, PB 11, P 2, 3923 LAKE WORTH ROAD 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH LAKE WORTH, FL 33461 2.55 (RECORDING)
COUNTY, FL $308.55
(111 SW 2ND ST &
141 SW 2ND AVE)
LOT 11, BLK 38, RESUB. OF BEULAH HUNTER $ 40.00
S 1/2 OF BLK 38 & N 1/2 OF 248 NW 14TH AVENUE 70.00 (ADM. COST)
BLK 39, DELRAY BEACH, PB 11, DELRAY BEACH, FL 33444 2.55 (RECORDING)
P 34, PUBLIC RECORDS, PALM $112.55
BEACH COUNTY, FL
(SW 4TH AVENUE)
LOTS 23 & 24, BLK 6, SILVER BERNARD W. EVERETT $ 24.93
TERRACE, DELRAY, PB 11, P 61, JEAN M. EVERETT 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 309 NW 4TH STREET 2.55 (RECORDING)
COUNTY, FL OKEECHOBEE, FL 34972 $ 62.48
(SE 10TH ST & MIAMI BLVD)
LOT 25, BLK 6, SILVER TERRACE, BERNARD W. EVERETT $ 24.92
DELRAY, PB 11, P 61, PUBLIC JEAN M. EVERETT 35.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 309 NW 4TH STREET 2.55 (RECORDING)
(SE 10TH ST & MIAMI BLVD) OKEECHOBEE, FL 34972 $ 62.47
LOT 12, BLK 10, DELRAY SHORES, CLAVOIR BATEAU & J. $ 76.00
PB 24, P 233, PUBLIC RECORDS, PRIMEAU, R HARILUS & 70.00 (ADM. COST)
PALM BEACH COUNTY, FL JEANNE CHARLES 2.55 (RECORDING)
(2554 SW ANGLER DRIVE) 2554 SW ANGLER DRIVE $148.55
DELRAY BEACH, FL 33445
LOTS 5 & 6, BLK 8, OSCEOLA DOUGLAS M. & LAURA B $ 46.00
PARK, PB 3, P 2, PUBLIC KNIGHT 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 1900 TULIP STREET 2.55 (RECORDING)
(722 SE 4TH AVENUE) SARASOTA, FL 34239 $118.55
LOT 19, SUNDY & TENBROOK ADD. J.E. & KAY B. WOMACK $ 32.00
TO DELRAY, PB 12, P 32, P.O. BOX 2493 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33447 2.55 (RECORDING)
COUNTY, FL $104.55
(SW 4TH AVENUE)
S5' OF LOT 1 & N71.5' OF LOT SYLVIA SCHUPLER TRUST $ 40.00
2, BLK 30t DELRAY BEACH,PB1,P3, 3101 WASHINGTON ROAD 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL WEST PALM BCH, FL 33405 2.55 (RECORDING)
(SW 5TH AVENUE) $112.55
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LOT 5, HIGH ACRES, PB 21, P 85, BLUE STAR BUfLDERS, INC. $ 22.00
PUBLIC RECORDS, PALM BEACH 2044 NW 52ND STREET 70.00 (ADM. COST)
COUNTY, FL BOCA RATON, FL 33496 2.55 (RECORDING)
(109 NW 16TH STREET) $ 94.55
LOTS 20 & 21, BLK 6, OSCEOLA SIDOLES DUMELLE & JOHN $ 71.65
PARK, PB 3, P 2, PUBLIC CORNEILLE, MICHAEL ELME 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 119 SE 6TH STREET 2.55 (RECORDING)
(119 SE 6TH STREET) DELRAY BEACH, FL 33444 $144.20
LOT 31, BLK A, TOURIST NOOK, JOHN CUNNINGHAM $ 82.00
DELRAY, PB 11, P 47, PUBLIC 4667A ORLEANS CIRCLE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL WEST PALM BCH, FL 33415 2.55 (RECORDING)
(256 NW 9TH AVENUE) $154.55
LOTS 14 TO 16,-INC., BLK 1, ESTERVINA MOREDA $305.00
SOUTHRIDGE, PB 13, P 38, P.O. BOX 1953 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33447 2.55 (RECORDING)
COUNTY, FL $342.55
(RE IGLE AVENUE)
LOTS 17 TO 20, BLK 1, ESTERVINA MOREDA $305.00
SOUTHRIDGE, PB 13, P 38, P.O. BOX 1953 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33447 2.55 (RECORDING)
COUNTY, FL $342.55
(REIGLE AVENUE)
LOTS 4 & 5, BLK 4, SILVER CONSULTANTS MARKETING INC $ 40.00
TERRACE, DELRAY, PB 11, P 61, 14000 N MILITARY TRAIL 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BCH, FL 33484-2630 2.55 (RECORDING)
COUNTY, FL $112.55
(1026 OLD DIXIE HWY)
THE PT OF LOT 11 K/A W 1/2 OF ELIJAH THOMPSON $196.00
DUPLEX, BLK 4, PRIEST'S ADD TO 241 SW 14TH AVENUE 70.00 (ADM. COST)
ATLANTIC PARK GARDENS, PB 23, DELRAY BEACH, FL 33444 2.55 (RECORDING)
P 70, PUBLIC RECORDS, PALM $268.55
BEACH COUNTY, FL
(241 SW 14TH AVENUE)
LOT 29, BLK 3, DELRAY SHORES, YVONNE RAMEAU $ 40.00
PB 24, P 233, PUBLIC RECORDS, 17225 SW 109TH COURT 70.00 (ADM. COST)
PALM BEACH COUNTY, FL MIAMI, FL 33157 2.55 (RECORDING)
(3425 DORSON WAY) $112.55
LOT 13, BELLEHAVEN UNIT B, GREGORY J. HIBBS $ 70.00
PB 27, P 27, PUBLIC RECORDS, 600 SW 4TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL FT. LAUDERDALE, FL 2.55 (RECORDING)
(343 SW llTH AVENUE) 33315-1071 $142.55
-5- Res. No. 21-92
LOT 13, BLK 3, ATLANTIC PARK RIDLEY TEMPLE CHURCH OF $118.00
GARDENS, DELRAY, PB 14, P 56, GOD IN CHRIST OF AMERICA 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 102 SW 12TH AVENUE 2.55 (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33444 $190.55
(102 SW 12TH AVENUE)
LOT 1, BLK 3, ATLANTIC PARK RIDLEY TEMPLE CHURCH OF $ 64.00
GARDENS, PB 14, P.56, PUBLIC GOD IN CHRIST OF AMERICA 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 146 SW 12TH AVENUE 2.55 (RECORDING)
(SW 13TH AVENUE) DELRAY BEACH, FL 33444 $136.55
N69.5' OF LOT 9, BLK 78, TOWN DOROTHY MAGER $ 58.00
OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL LAKE WORTH, FL 33460 2.55 (RECORDING)
(102 SE 2ND AVENUE) $130.55
LOTS 8 & 9, BLK 95, LINNS ADD SOUTHEAST MORTGAGE CO $346.00
TO OSCEOLA PARK, DELRAY, PB 3, C/O JOSEPH PANIELLO, ESQ. 70.00 (ADM. COST)
P 2, PUBLIC RECORDS, PALM P.O. BOX 2347 2.55 (RECORDING)
BEACH COUNTY, FL TAMPA, FL 33601 $418.55
(231 SE 3RD AVENUE)
W80' OF E440' OF LOT 6, LAMBERT JONATHAN M. MAAS $ 77.50
TRAILER COURT, PB 22, P 41, 3825 LONE PINE ROAD 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 2.55 (RECORDING)
COUNTY, FL $115.05
(SE 12TH ROAD)
W130.47' OF LOT 6, LAMBERT JONATHAN M. MAAS $ 77.50
TRAILER COURT, PB 22, P 41, 3825 LONE PINE ROAD 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 2.55 (RECORDING)
COUNTY, FL $115.05
(SE 12TH ROAD)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No. 21-92