Res 49-92 RESOLUTION NO. 49-92
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 prcp-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendere~
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
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
pursuant to Chapter 100 of the Code of Ordinances of the City of
Beach, submitted to the City Commission a report of the costs incurr.~ ~
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 Bea~
pursuant to Chapter 100 of the Code of Ordinances desires to assess
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 12th day of May, 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 12th day
ATTEST:
City Cl~i~
- 2 - Res. No. 49-92
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TRACT A, LINTON FOREST PLAT 1, LINTON FOREST OWNERS $ 45.68
PUBLIC RECORDS, PALM BEACH ASSN, INC. 23.34 (ADM.COST)
COUNTY, FL 1001 LINTON BLVD 2.50 (RECORDING)
(BESSIE STREET) DELRAY BEACH, FL 33444 $ 71.52
TRACT B, LINTON FOREST PLAT 1, LINTON FOREST OWNERS $ 45.66
PUBLIC RECORDS, PALM BEACH ASSN, INC. 23.33 (ADM COST)
COUNTY, FL 1001 LINTON BLVD 2.50 (RECORDING)
(BESSIE STREET) DELRAY BEACH, FL 33444 $ 71.49
TRACTS C & D, LINTON FOREST LINTON FOREST OWNERS $ 45.66
PLAT 1, PUBLIC RECORDS, PALM ASSN, INC. 23.33 (ADM COST)
BEACH COUNTY, FL 1001 LINTON BLVD. 2.50 (RECORDING)
(BESSIE STREET) DELRAY BEACH, FL 33444 $ 71.49
LOT 4, BLK 23, TOWN OF DELRAY, MELVIN SMITH OR THE ESTATE $ 65.00
PB 10, P 69, PUBLIC RECORDS, OF MELVIN SMITH OR MELVIN 70.00 (ADM COST)
PALM BEACH COUNTY, FL SMITH'S HEIRS, DEVISEES, 2.50 (RECORDING)
(SW 5TH AVENUE) LEGATEES, GRANTEES OR $137.50
THOSE UNDER MELVIN SMITH
215 SW 5TH AVENUE
DELRAY BEACH, FL 33444
LOTS 18 TO 20 INC., BLK 5, DORA TROUTT $ 80.00
SOUTHRIDGE, PB 13, P 38, C/O M. REESE 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH RR4 BOX 238 2.50 (RECORDING)
COUNTY, FL PERRY, FL 32347 $152.50
(625 DOUGLAS AVENUE)
LOT 22, BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 40.00
PB 6, P 97, PUBLIC RECORDS, 317 SW 5TH AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(SW 4TH AVENUE) $112.50
LOT 1, BLK 6, ATLANTIC GARDENS, RIDLEY TEMPLE CHURCH OF $ 55.00
DELRAY, PB 14, P 63, PUBLIC GOD IN CHRIST 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL 102 SW 12TH AVENUE 2.50 (RECORDING)
(SW 12TH AVENUE) P.O. BOX 958 $127.50
DELRAY BEACH, FL 33447
LOT 19, BLK 10, ATLANTIC GDNS, EVELYN CLINTON $ 40.00
DELRAY, PB 14, P 63, PUBLIC 111 NE 16TH AVENUE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435 2.50 (RECORDING)
(SW 10TH AVENUE) $112.50
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LOT 20, BLK 12, MONROE SUB., BOBBY A SMITH $ 65.00
PB 14, P 67, PUBLIC RECORDS, 901 NW 2ND STREET 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(606 NW 1ST STREET) ~
N50' OF S356.4' OF E135' OF ADELENE JENKINS $ 35.42
BLK 24, TOWN OF DELRAY, PB 1, 2076 ILENE COURT #3 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, Fl. 33445 2.50 (RECORDING)
BEACH COUNTY, FL $107.92
(322 SW 5TH AVENUE)
LOT 20, BLK 1, BELAIR HGHTS, EDWARD & BERNADINE KIRK $197.04
DELRAY, PB 20, P 45, PUBLIC C/O SECURITY & INV. CORP 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL P.O. BOX 14970 2.50 (RECORDING)
(28 & 28.5 SW 9TH AVENUE) NORTH PALM BEACH, FL 33408 $269.54
LOTS 3 & 4, BLK 8, DELL PARK, RICHARD A COURT $243.81
PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(1012 NE 3RD AVENUE) $316.31
LOT 11, BLK 38, RESUB OF S1/2 BEULAH HUNTER $ 35.42
OF BLK 38 & N1/2 OF BLK 39, 248 NE 14TH AVENUE 70.00 (ADM COST)
DELRAY BEACH, PB 11, P 34, DELRAY BEACH, FL 33444 2.50 (RECORDING)
PUBLIC RECORDS, PALM BEACH $107.92
COUNTY, FL
(SW 4TH AVENUE)
LOT 14, BLK 1, LAKEVIEW, PB 30, PAMELA S. KOSA $ 29.48
P 10, PUBLIC RECORDS, PALM 3125 LAKEVIEW DRIVE 70.00 (ADM COST)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(3125 LAKEVIEW DRIVE) $101.98
LOT 1, BLK C, LAKE HEIGHTS, DAVID Z. EUNICE $ 27.68
PB 30, P 122, PUBLIC RECORDS 31 MILLER ROAD 70.00 (ADM COST)
PALM BEACH COUNTY, FL LAKE WORTH, FL 33461 2.50 (RECORDING)
(118 AVOCADO ROAD) $100.18
S53.5' OF LOT 15, BLK 121, REGINI VINCI $ 27.68
HIGHLAND PARK, DELRAY, PB 2, 556 ROCKLAND STREET 70.00 (ADM COST)
P 79, PUBLIC RECORDS, PALM WESTBURY, NY 11590 2.50 (RECORDING)
BEACH COUNTY, FL $100.18
(301 NE 7TH AVENUE)
LOT 1/LESS RD. R/W/BLOCK 2, COAST LINE PETROLEUM CORP$ 35.42
SOPHIA FREY ADDITION, PB 1, 6662-B BOCA PINES TRAIL 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM BOCA RATON, FL 33433 2.50 (RECORDING)
BEACH COUNTY, FL $107.92
(801 NE 6TH AVENUE)
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El/2 OF LOTS 14 & 15, BLK 2, MARIE CULLERTON, ROBERT $ 80.00
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) POMPANO BEACH, FL 33060 $152.50
LOT 14, BLK 104, OSCEOLA PK, EMILE & CHARLANTE $109.66
PB 3, P 2, PUBLIC RECORDS, FLEURANTIN 70.00 (ADM COST)
PALM BEACH COUNTY, FL 343 SE 4TH AVENUE 2.50 (RECORDING)
(343 SE 4TH AVENUE) DELRAY BEACH, FL 33483 $182.16
S50' OF N245' OF E147' OF WILLIE & BARBARA FLINT $294.80
El/2 OF LOT 9, SUB OF 20 SW 8TH AVENUE 15.00 (ADM COST)
SEC 17-46-43, PUBLIC RECORDS, P.O. BOX 2693 2.50 (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 $312.20
(20 SW 8TH AVENUE)
LOTS 1 TO 3 INC., BLK 66, GAC ENTERPRISES, INC. $127.72
TOWN OF DELRAY, (OLD SCHOOL 1052 S. OCEAN BLVD. 15.00 (ADM COST)
SQUARE HISTORIC DISTRICT), DELRAY BEACH, FL 33483 2.50 (RECORDING)
PB 2, P 81, PUBLIC RECORDS, $145.22
PALM BEACH COUNTY, FL
(NE 3RD STREET)
LOT 20, BLK 65, (OLD SCHOOL KELLERCO CONST. INC. $ 49.16
SQUARE HISTORIC DISTRICT), 1000 HOLLAND DR. #5 70.00 (ADM COST)
TOWN OF DELRAY, PB 2, P 20, BOCA RATON, FL 33487 2.50 (RECORDING)
PUBLIC RECORDS, PALM BEACH $121.66
COUNTY, FL
(334 NE 1ST AVENUE)
LOT 14, BLK 49, TOWN OF DELRAY, PAUL PROSPERE $ 97.92
PB 12, P 86, PUBLIC RECORDS, LUGENE DORSAINVIL 70.00 (ADM COST)
PALM BEACH COUNTY, FL 309 NW 2ND AVENUE 2.50 (RECORDING)
(309 NW 2ND AVENUE) DELRAY BEACH, FL 33444 $170.42
S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS $ 82.64
BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 70.00 (ADM COST)
P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.50 (RECORDING)
BEACH COUNTY, FL $155.14
(303 SW 2ND AVENUE)
LOT 49 (LESS S10'), SUNSET ANPE INC. $ 39.42
PARK, PB 12, P 65, PUBLIC P.O. BOX 3215 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL BOYNTON BEACH, FL 33426 2.50 (RECORDING)
(1005 MANGO DRIVE) $111.92
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LOT 55, SUNSET PARK, PB 12, TOMASA R. CRUZ $ 35.42
P 65, PUBLIC RECORDS, 409 NW 7TH COURT 70.00 (ADM COST)
PALM BEACH COUNTY, FL. BOYNTON BEACH, FL 33426 2.50 (RECORDING)
(MANGO DRIVE) $iU/.~Z
LOT 13, BLK 7, SEACREST PK, DAVID & GINA MURPHREE $ 19.68
PB 24, P 33, PUBLIC RECORDS, 239 NE 22ND STREET 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(239 NE 22ND STREET) $ 92.18
LOT 1/LESS N20', BLK 61 LUCIUS SIMMONS $ 50.00
(OLD SCHOOL SQUARE HISTORIC 1301 KANAB AVE NW 70.00 (ADM COST)
DISTRICT), TOWN OF DELRAY, PALM BAY, FL 32907 2.50 (RECORDING)
PB 1, P 3, PUBLIC RECORDS, $122.50
PALM BEACH COUNTY, FL
(52 WEST ATLANTIC AVENUE)
LOT 3, BLK 47, TOWN OF DELRAY, ROBERT & PATRICIA ALLEN $ 45.00
PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.5'0 (RECORDING)
(206 SW 2ND AVENUE) $117.50
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- RES. NO. 49-92