Res 32-92 RESOLUTION NO. 32-92
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 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:
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 24th day of Marcht 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 24th day
of ~arch , 1992. ~~ ,~~_
ATTEST:
- C~ty Cle~ '
- 2 - Res. No. 32-92
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 12, BLK 1, ATLANTIC PARK MATTIE H. PATRICK $ 65.00
GARDENS, DELRAY, PB 14, P 56, 74 FORSYTHIA ST. 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33484 2.50 (RECORDING)
COUNTY, FL $137.50
(NW 13TH AVENUE)
LOTS 11 - 14 INC., BLK 57, C.W. & CHARLOTTE VOGLER $ 56.45
(OLD SCHOOL SQUARE HISTORIC 13 NW 3RD STREET 70.00 (ADM COST)
DISTRICT), TOWN OF DELRAY, DELRAY BEACH, FL 33444 2.50 (RECORDING)
PB 12, P 86, PUBLIC RECORDS, $128.95
PALM BEACH COUNTY, FL
(13 NW 3RD STREET)
LOTS 15 & 16, BLK 57, (OLD CHARLES W. VOGLER $ 56.45
SCHOOL SQUARE HISTORIC DIS- P.O. BOX 916 70.00 (ADM COST)
TRICT), TOWN OF DELRAY, PB 12, DELRAY BEACH, FL 33447 2.50 (RECORDING)
P 86, PUBLIC RECORDS, PALM $128.95
BEACH COUNTY, FL
(N. SWINTON AVENUE)
LOTS 1, 2 & 6, BLK 1, COLONIAL FRANCK FRANCOIS $124.00
HEIGHTS, PB 26, P 69, PUBLIC C/O BETHEL BAPTIST 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL EVANGELICAL CHURCH, INC. 2.50 (RECORDING)
(809 SW 8TH AVENUE) 809 SW 8TH AVENUE $196.50
DELRAY BEACH, FL 33444
LOT 16, BLK 35, TOWN OF DELRAY, GRACE BARNETT $ 40.00
PB 1, P 3, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM COST)
PALM BEACH COUNTY, FL W. PALM BEACH, FL 33407 2.50 (RECORDING)
(309 NW 1ST STREET) $112.50
E37.3' OF W62.3' OF S93' OF HENRY R. DAVIS $ 39.00
BLK 11, TOWN OF DELRAY, PB 1, 301 SW 8TH COURT 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.50 (RECORDING)
BEACH COUNTY, FL ~111.50
(621 NW lST STREET)
W125' OF Nll0' OF BLK 21, TOWN CHICK N HAVEN INC. $ 22.00
OF DELRAY, PB 1, P 3, PUBLIC 5300 NW 181ST TERRACE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL MIAMI, FL 33055 2.50 (RECORDING)
(540 W. ATLANTIC AVENUE) $ 94.50
-3- RES. NO. 32-92
LOTS 1 & 2, BLK 4, OSCEOLA PK, ROBERTA KINNEL $ 32.00
PB 3, P 2, PUBLIC RECORDS, CARRIE L. JOHNSON 70.00 (ADM COST)
PALM BEACH COUNTY, FL 32 SW 5TH AVENUE 2.50 (RECORDING)
(540 W. ATLANTIC AVENUE) DELRAY BEACH, FL 33444 ~
S50' OF N245' OF E147' OF WILLIE & BARBARA FLINT
E 1/2 OF LOT 9, SUB OF SEC 20 SW 8TH AVENUE $ 40.00
17-46-43, PUBLIC RECORDS, P.O. BOX 2693 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 2.50 (RECORDING)
(20 SW 8TH AVENUE) $112.50
S100' OF N250' OF SEC. LYG BET RENAISSANCE ASSOC. $102.98
ELY R/W OF SR A-1-A & ATLANTIC C/0 ROTHCO ENTERPRISES 70.00 (ADM COST)
OCEAN, SUB OF SEC 28-46-43, 2424 N. FEDERAL HWY. #455 2.50 (RECORDING)
PUBLIC RECORDS, PALM BEACH BOCA RATON, FL 33431 $175.48
COUNTY, FL
(1835 S OCEAN BLVD.)
N100' OF LOT 4, BLK L, REIDS SOUTHEAST BANK NA TR $273.00
VILLAGE REPLAT OF BLKS M,L, C/O N. SANCHEZ 70.00 (ADM COST)
M & N, PB 23, P 137, PUBLIC 1699 CORAL WAY STE 400 2.50 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL MIAMI, FL 33145 $345.50
(VENETIAN DRIVE)
LOT 23, BLK 23, TOWN OF DELRAY, GRACE BARNETT $ 85.00
PB 10, P 69, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM COST)
PALM BEACH COUNTY, FL W PALM BEACH, FL 33407 2.50 (RECORDING)
(SW 3RD STREET) $157.50
LOTS 8 & 9, BLK 15, TOWN OF ALFREDA GORDON $ 64.00
DELRAY, PB 13, P 6, PUBLIC 1824 NW 68TH STREET 15.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL MIAMI, FL 33147 2.50 (RECORDING)
(SW 7TH AVENUE) $ 81.50
LOTS 6 & 7, BLK 87, LINN'S ADD. J.W. & ANN T. GWYNN $ 48.00
TO OSCEOLA PK, PB 1, P 133, 608 N.E. 8TH AVENUE 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 2.50 (RECORDING)
COUNTY, FL $120.50
(215 SE 2ND AVENUE)
E50' OF W126' OF N120' OF J.B.'S INTERNATIONAL, INC. $176.00
S140'0F S 1/2 OF BLK 12, 3801 N. FEDERAL HWY 70.00 (ADM COST)
TOWN OF DELRAY, PB 1, P 3, POMPANO BEACH, FL 33064, 2.50 (RECORDING)
PUBLIC RECORDS, PALM BEACH $248.50
COUNTY, FL
(633 W. ATLANTIC AVENUE)
El00' OF W275' OF S134' OF Sl/4 ENGLISH PARADISE, INC. $ 75.00
OF LOT 10 (LESS El0' R/W & SR 909 W. ATLANTIC AVENUE 70.00 (ADM COST)
806 R/W) & S45' OF N189.3' OF DELRAY BEACH, FL 33444 2.50 (RECORDING)
E124.8" OF W274.8' OF S1/4 OF $147.50
LOT 10 (LESS E 10' R/W), SUB.
OF SEC. 17-46-43, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(909 W. ATLANTIC AVENUE)
-4- RES. NO. 32-92
LOT 27, BLK 1, ATLANTIC PARK BENNIE THOMAS $ 36.00
GARDENS, DELRAY, PB 14, P 56, 1720 1ST ST N 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH WINTER HAVEN, FL 33881 2.50 (RECORDING)
COUNTY, FL $108.50
(NW 12TH AVENUE)
LOT 96, TROPIC ISLE, PB 24, JAMES & ELIZABETH GINESI $ 16.00
P 235, PUBLIC RECORDS, PALM 363-A BRICKYARD ROAD 70.00 (ADM COST)
BEACH COUNTY, FL FREEHOLD, NJ 07728 2.50 (RECORDING)
(SPANISH TRAIL) $ 88.50
LOTS 1 & 2, (LESS N15' RD R/W), VALENTINE GABALDON $109.00
BLK B, RIDGEWOOD HEIGHTS, 328 4TH STREET 70.00 (ADM COST)
DELRAY PB 14, P 44, W. PALM BEACH, FL 33401 2.50 (RECORDING)
PUBLIC RECORDS,PALM BEACH $181.50
COUNTY, FL
(702 SW 10TH STREET)
LOT 30, BLK 8, OSCEOLA PK, M.J. & PHYLLIS HENDRICKS $172.00
PB 3, P 2, PUBLIC RECORDS, 11365 SW MEADOW LARK CIR. 70.00 (ADM COST)
PALM BEACH COUNTY, FL STUART, FL 34997 2.50 (RECORDING)
(727 SE 2ND AVENUE) $244.50
E 1/2 OF LOTS 14 & 15, BLK 2, MARIE CULLERTON. ROBERT $ 46.00
KENMONT, PB 20, P 65, PUBLIC DEANS & JEAN SCHAEFFER 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL 700 E ATLANTIC BLVD 2.50 (RECORDING)
(850 BOND WAY) C/O TONNESSEN $118.50
POMPANO BEACH, FL 33060
LOT 3, BLK 2, RIO DEL REY JAMES GINESI $ 21.00
SHORES, PB 25, P 5, PUBLIC 363-A BRICKYARD RD 35.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL FREEHOLD, NJ 07728 2.50 (RECORDING)
(SE 6TH AVENUE) $ 58.50
LOT 4, BLK 2, RIO DEL REY JAMES GINESI $ 21.00
SHORES, PB 25, P 5, PUBLIC 363-A BRICYARD RD 35.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL FREEHOLD, NJ 07728 2.50 (RECORDING)
(SE 6TH AVENUE) $ 58.50
LOT 4, BLK C, WEST SIDE HATTIE L. HARDWICK, EST. $210.00
HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL 70.00 (ADM COST)
P~3BLIC RECORDS, PALM BEACH 302 BAINBRIDGE ST 2.50 (RECORDING)
COUNTY, FL BROOKLYN, NY 11233 $282.50
(NW 10TH AVENUE)
S50' OF N250' OF E135' OF RPI MANAGEMENT $ 80.00
BLK 13, TOWN OF DELRAY, PB 2, 7825 N BAYSHORE COURT 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM BOX 2501 2.50 (RECORDING)
BEACH COUNTY, FL MIAMI, FL 33138 $152.50
(SW 6TH AVENUE)
-5- RES. NO. 32-92
LOTS 8 & 9 (LESS RD R/W), DOLORES A LIDDY TR $ 90.00
BLK 1, SOPHIA FREY ADDITION, C/O ARNOLD F. KURZINGER 70.00 (ADM COST)
PB 4, P 37, PUBLIC RECORDS, 4426 GLENEAGLES DR 2.50 (RECORDING)
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33436 $162.50
(911 N FEDERAL HWY)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETAION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- RES. NO. 32-92