Res 25-92 RESOLUTION NO. 25-92
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,
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 rendereC
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
therefore required to and did enter upon the land(s) described in t!~
list attached and made a part hereof and incurred costs in abating
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
Beach, submitted to the City Commission a report of the costs incur~ !
in abating said nuisance(s) as aforesaid, said report indicating
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 25th 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 b~~
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings ar.
necessary, the costs of such proceedings including a reasonab~~
attorney's fee.
Section 5. That in the event that payment has not
received by the City Clerk within thirty (30) days after the mai~ ~
date of the notice of assessment, the City Clerk is hereby directed
record a certified copy of this resolution in the public records of
Beach County, Florida, and upon the date and time of recording of
certified copy of this resolution a lien shall become effective on ·
subject property which shall secure the cost of abatement, interest
the rate of 8%, and collection costs including a reasonable attorn,'
fee.
PASSED AND ADOPTED in regular session on this the 25th
of ~bruary , 1992.
ATTEST:
Cfty Cler~
- 2 - Res. No. 25-92
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 11, BLK 6, ATLANTIC JAMES E. VANCE $ 82.00
GARDENS, DELRAY, PB 14, P 63, 141 SW 12TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.88 (RECORDING)
COUNTY, FL $154.88
(141-143 SW 12TH AVENUE)
LOTS 8 & 9 (LESS RD R/W), BLK DOLORES A. LIBBY TR $112.00
2, SOPHIA FREY ADDITION, PB 4, C/O ARNOLD F. KURZINGER 70.00 (ADM. COST)
P 37, PUBLIC RECORDS, PALM 4426 GLENEAGLES DRIVE 2.88 (RECORDING)
BEACH COUNTY, FL BOYNTON BEACH, FL 33436 $184.88
(911 N FEDERAL HIGHWAY)
LOT 20, BLK 1, BELAIR HEIGHTS, EDWARD J. & BERNADINE $112.00
DELRAY, PB 20, P 45, PUBLIC G. KIRK 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL C/O SECURITY INVESTMENTS 2.88 (RECORDING)
(28 & 28 1/2 SW 9TH AVENUE) P.O. BOX 14970 $184.88
NO. PALM BEACH, FL 33408
S 1/2 OF LOT 20, BLK 2, GOLF K.M.JR.& SHELLEY S.LINDEN $ 46.00
PARK, PB 26, P 141, PUBLIC 578-B SW 20TH COURT 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 2.88 (RECORDING)
(578-B SW 20TH COURT) $118.88
LOT 39, DELRAY BEACH ESTATES, GERALD J. SOLOMON $200.00
PB 29, P 163, PUBLIC RECORDS, 17096 NORTHWAY CIRCLE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL BOCA RATON, FL 33496 2.88 (RECORDING)
(2345 N FEDERAL HIGHWAY) $272.88
LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G.& PATRICIA ALLEN $ 40.00
PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.88 (RECORDING)
(206 SW 2ND AVENUE) $112.88
LOT 22, BLK 47, TOWN OF DELRAY, JOSEPH P. & RITA CHARLOT $ 40.00
PB 12, P 81, PUBLIC RECORDS, 215 SW 3RD AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.88 (RECORDING)
(215 SW 3RD AVENUE) $112.88
LOTS 12 & 13, BLK B. RIDGEWOOD STRAGHN ENTERPRISES OF $ 73.00
HEIGHTS, DELRAY, PB 14, P 44, DELRAY BEACH 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 3817 SW DORSON WAY 2.88 (RECORDI~G)
COUNTY, FL DELRAY BEACH, FL 33445 $145.88
(1013 SW 8TH AVENUE)
LOT 6, BLK 9, ATLANTIC GARDENS, P. & GENEVA ROBINSON $ 52.00
DELRAY, PB 14, P 63, PUBLIC E. & DELORIS JOHNSON JR. 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 322 NW 3RD STREET 2.88 (RECORDING)
(SW llTH AVENUE) BOYNTON BEACH, FL 33435 $124.88
-3- Res. No. 25-92
LOT 23, BLK 7, OSCEOLA PARK, MAX & PATRICIA GABRIEL $ 52.00
PB 3, P 2, PUBLIC RECORDS, 610 SE 3RD AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 2.88 (RECORDING)
(610 SE 3RD AVENUE) $124.88
LOTS 10 TO 16 INC., BLK 15, WILLIE WRIGHT $ 96.00
TOWN OF DELRAY, PB 13, P 18, 106 NW 12TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.88 (RECORDING)
COUNTY, FL $168.88
(217-219 SW 7TH AVENUE)
LOTS 8 & 9, BLK 4, SILVER MIRACLE MILE MOTORS INC. $ 83.00
TERRACE, DELRAY, PB 11, P 61, 4725 NW 5TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH POMPANO BEACH, FL 33064 2.88 (RECORDING)
COUNTY, FL $155.88
(1010 S. OLD DIXIE HIGHWAY)
LOT 16, BLK 103, TOWN OF FARRELL W. & $103.00
DELRAY, PB 2, P 19, PUBLIC NANCYE K. CURRAN 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 233 SE 4TH AVENUE 2.88 (RECORDING)
(233 SE 4TH AVENUE) DELRAY BEACH, FL 33483 $175 .88
LOT 54, SUNSET PARK, DELRAY, THOMASA R. CRUZ $ 40.00
PB 12, P 65, PUBLIC RECORDS, 409 NW 7TH COURT 70.00 (ADM. COST)
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 2.88 (RECORDING)
(MANGO DRIVE) $112.88
N70' OF E136' OF BLK 71, TOWN WILBERT H. & $ 34.00
OF DELRAY, PB 1, P 3, PUBLIC GLORIA D.JONES 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL CLAYTON N. JONES 2.88 (RECORDING)
(20-22 SE 2ND STREET) 20 SE 2ND STREET $106.88
DELRAY BEACH, FL 33444
TH PT OF ELY77.41' OF N100' OF COMMUNITY LAND CORP.ET AL $108.00
S125' OF W 1/4 OF LOT 5 LYG P.O. BOX 50001 70.00 (ADM. COST)
ELY OF 1-95 R/W, SUB OF SEC LIGHTHOUSE PT, FL 33074 2.88 (RECORDING)
17-46-43, PB 1, P 3, PUBLIC $180.88
RECORDS, PALM BEACH COUNTY, FL
(SW 15TH AVENUE)
LOT 6, BLK 6, DELRAY SHORES, DAWN PELOSI $295.00
PB 23, P 167, PUBLIC RECORDS, 30 SE DORSON WAY 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 2.88 (RECORDING)
(30 SE DORSON WAY) $367.88
LOT 13, BLK 10, DELRAY SHORES, WAYMON & KATHY R. THOMAS $120.00 ·
PB 23, P 167, PUBLIC RECORDS, 2542 ANGLER DRIVE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 2.88 (RECORDING)
(2542 ANGLER DRIVE) $192.88
-4- Res. No. 25-92
LOTS 19 TO 20, BLK 5, SUB OF RAYMOND & DIANE $ 82.00
BLK 5, DELRAY BEACH, PB 23, MANGICAPRA 70.00 (ADM. COST)
P 72, PUBLIC RECORDS, PALM 1301 W.BOYNTON BCH. BLVD. 2.88 (RECORDING)
BEACH COUNTY, FL SUITE 9 ~
(SW 8TH AVENUE) BOYNTON BEACH, FL 33426
LOT 8, ROSEMONT VILLAS UNIT B, GARY L. THOMPSON $ 52.00
PB 29, P 183, PUBLIC RECORDS, 816 SW 5TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.88 (RECORDING)
(816 SW 5TH AVENUE) $124.88
LOT 6, BLK 61, (OLD SCHOOL LAWRENCE L. JR. & $222.00
SQUARE HISTORIC DISTRICT), LILLIE PARKER 70.00 (ADM. COST)
TOWN OF DELRAY, PB 1, P 3, 730 CHATELAINE BLVD. E 2.88 (RECORDING)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 $294.88
COUNTY, FL
(19 & 21 SW 1ST AVENUE)
LOT 16, FIRST ADD TO KENMONT, RESOLUTION TR CORP RECV'R $180.00
PB 22, P 24, PUBLIC RECORDS, FOR FIN SEC S&L ASSN 70.00 (ADM. COST)
P~uLM BEACH COUNTY, FL C/O MARGOLIN 2.88 (RECORDING)
(1011 NE 9TH AVENUE) 2424 N FEDERAL HWY #450 $252.88
BOCA RATON, FL 33431
VIOLATION IS; SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-5- Res. No. 25-92