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Res 35-92 RESOLUTION NO. 35-92 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 14th da_v of ADrilo 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 ]4~ day of Apr~ , 1992. ~/~ ATTEST: Ci%y CZe~k ' , - 2 - Res. No. 35-92 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT S50' OF N200' OF E135' OF BLK MINNIE NEWMAN $ 50.00 10, TOWN OF DELRAY, PB 1, P 3, 240 N.W. 8TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.45 (RECORDING) COUNTY, FL $122.45 (NW 6TH AVENUE) N 1/2 OF LOT 18 & LOT 19, ARTHUR J. TAYLOR $150.00 (LESS ST RD R/W) HOFMAN ADD., TILLIE M. TAYLOR TR 70.00 (ADM. COST) PB 5, P 3, PUBLIC RECORDS, 700 N. FEDERAL HIGHWAY 2.45 (RECORDING) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 $222.45 (700 NE 6TH AVENUE) LOT 1, BLK 3, ATLANTIC PARK RIDLEY TEMPLE CHURCH OF $ 70.00 GARDENS, DELRAY, PB 14, P 56, GOD IN CHRIST OF AMERICA 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 958 2.45 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33447 $142.45 (SW 13TH AVENUE) S150' OF W135.5' OF BLK 26, FRED MC COY $ 77.42 TOWN OF DELRAY, PB 5, P 64, 4950 N.W. 15TH COURT 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH MIAMI, FL 33142 2.45 (RECORDING) COUNTY, FL $149.87 (415 NW 2ND STREET) LOT 5, HIGH ACRES, PB 21, BLUE STAR BUILDERS INC. $ 22.00 P 85, PUBLIC RECORDS, PALM 2044 N.W. 52ND STREET 70.00 (ADM. COST) BEACH COUNTY, FL BOCA RATON, FL 33496 2.45 (RECORDING) (109 NW 16TH STREET) $ 94.45 LOT 24, BLK 1, ROSEMONT PARK, NORMAN J. ALEXANDER & $172.00 DELRAY, PB 13, P 60, PUBLIC TAMMY E. ATWATER 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 602 S.W. 4TH AVENUE 2.45 (RECORDING) (602 SW 4TH AVENUE) DELRAY BEACH, FL 33444 $244.45 LOT 36, BLK 32, TOWN OF DELRAY, S. & RONNA STUBBS $ 55.00 PB 6, P 97, PUBLIC RECORDS, 319 S.W. 5TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444- 2.45 (RECORDING) (319 SW 5TH AVENUE) 2405 $127.45 -3- Res. No. 35-92 LOT 17, BLK 23, TOWN OF DELRAY, BERTHA PRESTON $ 50.00 PB 10, P 69, PUBLIC RECORDS, 1001 W. 3RD STREET 70.00 (ADM. COSTI PALM BEACH COUNTY, FL RIVIERA BEACH, FL 33404 2.45 (RECORDING (SW 6TH AVENUE) $122.45 LOT 18, BLK 23, TOWN OF DELRAY, MATILDA JOHNSON $ 50.00 PS 10, P 69, PUBLIC RECORDS, 225 S.W. 6TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DEARLY BEACH, FL 33444 2.45 (RECORDING) (SW 6TH AVENUE) 2537 $122.45 S50' OF N200' OF W120' OF BLK EDWIN C. IVY $ 65.00 25, TOWN OF DEARLY, PB 5, P 2, 519 S.W. 15TH TERRACE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DEARLY BEACH, FL 33444 2.45 (RECORDING) COUNTY, FL 1445 $137.45 (NW 5TH AVENUE) LOTS 1 & 2, PARADISE HEIGHTS, CHARLENE G. LOVETT $ 50.00 PB 24, P 113, PUBLIC RECORDS, 5805 OLD FORGE CIRCLE 70.00 (ADM. COST) PALM BEACH COUNTY, FL RALEIGH, NC 27609-4035 2.45 (RECORDING) (NW 6TH AVENUE) $122.45 LOT 10, BLK 96, LINN'S ADD. TO DAVID & SHEILA J. ROMAN $ 24.00 OSCEOLA PARK, DELRAY, PB 1, 3 CATALINA COURT 15.00 (ADM. COST) P 3, PUBLIC RECORDS, PALM CENTEREACH, NY 11720 2.45 (RECORDING) BEACH COUNTY, FL $ 41.45 (339 SE 3RD AVENUE) LOTS 28 & 29, BLK 29, RESUB. CHARLIE TERRY $275.00 OF BLK. 29, DELRAY BEACH, 95 S.W. 5TH AVENUE 70.00 (ADM. COST) PB 9, P 66, PUBLIC RECORDS, DELRAY BEACH, FL 33444 2.45 (RECORDING) PALM BEACH COUNTY, FL 2511 $347.45 (95 SW 5TH AVENUE) LOTS 2 & 3, DELRAY BEACH RAPHAELLA S. TROYANOS $189.10 ESTATES, PB 21, P 13, PUBLIC GERASIMOS & 15.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL LUCIA TROIANOS 2.45 (RECORDING) (NORTH FEDERAL HIGHWAY) 20003 POMPEII ROAD $206.55 HOLLISWOOD, NY 11423 LOT 5, BLK 7, OSCEOLA PARK, SCOTT & JANE E. LAYMAN $ 48.00 PB 3, P 2, PUBLIC RECORDS, WM & MARILYN HUTCHESON 70.00 (ADM. COST) PALM BEACH COUNTY, FL 225 NE 25TH STREET 2.45 (RECORDING) (618 SE 4TH AVENUE) BOCA RATON, FL 33431 $120.45 S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS $ 40.00 BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 70.00 (ADM. COST) P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.45 (RECORDING) BEACH COUNTY, FL $112.45 (303 SW 2ND AVENUE) -4- Res. No. 35-92 S 1/2 OF LOT 7 & N38' OF LOT 8, WAYNE L. & IRENE A. $119.00 BLK 96, LINNS ADD. TO OSCEOLA EDRINGTON 70.00 (ADM. COST) PARK, DELRAY, PB 1, P 133, 1710 N. E. 3RD COURT 93 2.45 (RECORDING) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33435 $191.45 COUNTY, FL (327-329 SE 3RD AVENUE) LOTS 1 & 2 (1ESS RD R/W), BLK L.C. PROP.OF DELRAY $ 61.00 11, OSCEOLA PARK, PB 3, P 2, BEACH INC. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 5730 N. FEDERAL HIGHWAY 2.45 (RECORDING) COUNTY, FL FT.LAUDERDALE, FL 33308 $133.45 (610 SE 6TH AVENUE) LOTS 22 TO 26 INC., BLK 15, ALVAN E. MC FORD $ 69.55 TOWN OF DELRAY, PB 13, P 18, 17831 N. W. 47TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH CAROL CITY, FL 33055-3255 2.45 (RECORDING) COUNTY, FL $142.00 (SW 7TH AVENUE) LOTS 32 & 33, BLK 15, TOWN OF VERA F. GIBSON $ 65.00 DELRAY, PB 13, P 18, PUBLIC P.O. BOX 66 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL INKSTER, MI 48141 2.45 (RECORDING) (SW 6TH AVENUE) $137.45 LOTS 13 & 14, BLK 95, LINN'S STEPHEN CURIC $ 40.00 ADD TO OSCEOLA PARK, DELRAY, 1767 DREW ROAD 70.00 (ADM. COST) PB 1, P 133, PUBLIC RECORDS, MISSISSAUGA 2.45 (RECORDING) PALM BEACH COUNTY, FL ONTARIO, CANADA L5A 1J5 $112.45 (SE 4TH AVENUE) S75' OF W135.6' OF BLK 39, LUCIUS SIMMONS $151.00 TOWN OF DELRAY, PB 11, P 34, 1301 KANAB AVE. NW 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH PALM BAY, FL 32907 2.45 (RECORDING) COUNTY, FL $223.45 (315 SW 3RD STREET) LOTS 14 & 15, BLK B, RIDGEWOOD CHRISTINE SAUVEUR $ 70.00 HEIGHTS, DELRAY, PB 14, P 4, 406 S. W. 9TH STREET 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444- 2.45 (RECORDING) COUNTY, FL 2332 $142.45 (1023 SW 8TH AVENUE) LOT 29, BLK 3, DELRAY SHORES, YVONNE RAMEAU $106.00 PB 24, P 235, PUBLIC RECORDS, 17225 S.W. 109TH COURT 70.00 (ADM. COST) PALM BEACH COUNTY, FL MIAMI, FL 33157 2.45 (RECORDING) (3425 DORSON WAY) $178.45 LOT 33, DELRAY BEACH ESTATES, ROSEKIN INC. $ 86.00 PB 21, P 13, PUBLIC RECORDS, 2519 N. FEDERAL HWY. 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 2.45 (RECORDING) (2519 N FEDERAL HWY) $158.45 -5- Res. No. 35-92 W100' OF LOT 92, TROPIC ISLE, PHILIP J. KNAPP $ 49.00 PB 24, P 235, PUBLIC RECORDS, 5391 N. NOB HILL ROAD 70.00 (ADM. COST) PALM BEACH COUNTY, FL SUNRISE, FL 33351 2.45 (RECORDING) (965 BOLENDER DRIVE) $121.45 LOT 24,BLK A, WEST SIDE DURANTE-STROCK INC. $ 40.00 HEIGHTS, DELRAY, PB 13, P 61, 2160 W.ATLANTIC AVE.#100 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 2.45 (RECORDING) COUNTY, FL $112.45 (NW 9TH AVENUE) LOTS 7 TO 12 INC. & W 1/2 OF ROY D & CECILIA A JEWELL $130.00 16' ABNDED ALLEY LYG E OF & 1402 N. FEDERAL HWY. 70.00 (ADM. COST) ADJ THERETO BLK A, LA HACIENDA, DELRAY BEACH, FL 33483- 2.45 (RECORDING) DELRAY, PB 15, P 6, PUBLIC 5922 $202.45 RECORDS, PALM BEACH COUNTY, FL (1400 N FEDERAL HWY) TH PT OF LOT 11 K/A W 1/2 OF ELIJAH THOMPSON $ 58.00 DUPLEX/BLK 4, PRIEST'S ADD TO 241 S.W. 14TH AVENUE 70.00 (ADM. COST) ATLANTIC PARK GARDENS, PB 23, DELRAY BEACH, FL 33444 2,45 (RECORDING) P 70, PUBLIC RECORDS, PALM $130.45 BEACH COUNTY, FL (241 SW 14TH AVENUE) S40' OF N256' OF E135' OF BLK DELORES RIGGINS $ 65.00 31, TOWN OF DELRAY, PB 1, P 3, 6395 SEMINOLE CIRCLE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH LANTANA, FL 33462 2.45 (RECORDING) COUNTY, FL $137.45 (220 SW 4TH AVENUE) S50' OF N300' OF E135' OF N 1/20. C. STRACHAN $ 50.00 OF BLK 31, TOWN OF DELRAY, C/O R. STRACHAN 70.00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS, 8841 N.W. 14TH AVENUE 2.45 (RECORDING) PALM BEACH COUNTY, FL MIAMI, FL 33147 $122.45 (222 SW 4TH AVENUE) N 1/2 OF E 1/2 OF LOT 16, BLK FELIX J. DELANCY $ 40.00 30, TOWN OF DELRAY, PB 1, P 3, 470 DEKALB AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BROOKLYN, NY 11205-4448 2.45 (RECORDING) COUNTY, FL $112.45 (146 SW 4TH AVENUE) LOT 19, BLK 2, ATLANTIC PARK J. D. & EARLINE MONROE $ 70.00 GARDENS, PB 14, P 56, PUBLIC 32 EARLE STREET 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL HARTFORD, CT 06120 2.45 (RECORDING) (39 SW 13TH AVENUE) $142.45 -6- Res. No. 35-92 S150' OF E50' OF BLK 18, TOWN H. & HAZEL CLEM $ 50.00 OF DELRAY, PB 1, P 3, PUBLIC 3 SUMMER STREET 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL NORWALK, CT 06851-4503 2.45 (RECORDING ) (NW 2ND STREET) ~122.45 LOT 10, BLK 25, TOWN OF DELRAY, DAVID HARGROVE $ 50.00 PB 5, P 2, PUBLIC RECORDS, 220 N.W. 4TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DEERFIELD BEACH, FL 2.45 (RECORDING) (419 NW 3RD STREET) 33441-1727 $122.45 S5' OF LOT 1 & N71.5' OF LOT 2, SYLVIA SCHUPLER TR. $ 50.00 BLK 30, TOWN OF DELRAY, PB 1, 3101 WASHINGTON ROAD 70.00 (ADM. COST) P 3, PUBLIC RECORDS, PALM W. PALM BEACH, FL 33405- 2.45 (RECORDING) BEACH COUNTY, FL 1644 $122.45 (109 SW 5TH AVENUE) E50' OF W175' OF N160' OF BEATRICE GRAHAM $ 35.00 W 1/2 OF S 1/2 OF LOT 5, SUB BOBBY L. GRAHAM 70.00 (ADM. COST) OF SEC. 8-46-43, PUBLIC 721 N.W. 4TH STREET 2.45 (RECORDING) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444- $107.45 (714 LAKE IDA ROAD) 2736 VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -7- Res. No. 35-92