Res 85-92 RESOLUTION NO. 85-92
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 D~CLARING 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,
W~EREAS, 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,
W~EREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of sai4 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 llth day of August ,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 August , 1992. -----~'*~' ~ ~~~~
ATTEST:
- 2 - Res. No. 85-92
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 1, BLK 5, CHATELAINE CHARLES D. WEEKLEY $ 19.68
NO. 1, PB 29, P 95, PUBLIC 609 QUEENS RD #A 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL CHARLOTTE, NC 28207 2.70 (RECORDING)
(3625 AVE MONTRESOR) $ 92.38
SLY 74.13' OF LOT 9, PINE DINA R. PEARLMAN $ 39.42
TRAIL SOUTH, PB 42, P 8, 3705 E SHORE ROAD 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIRAMAR, FL 33023 2.70 (RECORDING)
COUNTY, FL $112.12
(4495 NW 3RD DRIVE)
TH PT OF S 1/2 OF E 1/2 OF AMERICAN NATIONAL BANK $ 93.92
NE 1/4 LYG E OF & ADJ TO SAL C/O RON JONES 70.00 (ADM. COST)
R/W AS IN OR 5245, P 1863, 4301 N FEDERAL HIGHWAY 2.70' (RECORDING)
SUB OF SEC 18-46-43, PUBLIC OAKLAND PARK, FL 33308 $166.62
RECORDS, PALM BEACH COUNTY,FL
(80 DEPOT ROAD)
S106' OF N216' OF LOT 8 (LESS MATTIE M. CREASMAN $ 35.42
PART IN DB 1029, P 416) BLK D, RT. #1, BOX 362 70.00 (ADM. COST)
SUNNY ACRES, PB 21, P 63, ANDREWS, NC 28901 2.70 (RECORDING)
PUBLIC RECORDS, PALM BEACH $108.12
COUNTY, FL
(1203 GERMANTOWN ROAD)
S 1/2 OF LOT 21 & LOT 22 (LESS DAVID J. & PANEL C. $ 74.64
W8'), C.H. DIGGANS SUB./BLK SCHILDMEIER 70.00 (ADM. COST)
55, TOWN OF DELRAY, PB 8, 135 MONTCLAIR AVENUE 2.70 (RECORDING)
P 58, PUBLIC RECORDS, PALM WALTHAM, MA 02154 $147.34
BEACH COUNTY, FL
(236 SW 1ST AVENUE)
E55' OF LOT 11, PLUMOSA PARK MARTIN N. THIEME, SR. $175.00
SEC A, PB 23, P 68, PUBLIC 461 N.W. 49TH AVENUE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL PLANTATION, FL 33317 2.70 (RECORDING)
(264 NE 14TH STREET) $247.70
LOTS 7 & 8 ABND ROYAL PALM DR TRAINER ROOFING INC. $ 55.00
LYG N OF & ADJ TO LOT 7, 3120 N.W. 16TH TERRACE 70.00 (ADM. COST)
BLK A, SUNNY ACRES, PB 21, SUITE A 2.70 (RECORDING)
P 63, PUBLIC RECORDS, PALM POMPANO BEACH, FL 33064 $127.70
BEACH COUNTY, FL
(1203 POINSETTIA DRIVE)
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LOT 7, BLK 9, ATLANTIC DANIEL MORGAN $105.00
GARDENS, DELRAY, PB 14, P 63, 125 S.W. llTH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.70 (RECORDING)
COUNTY, FL $177.70
(125 SW llTH AVENUE)
N100' OF E131.6' OF BLK 63, ISIS CASTRO $ 70.00
TOWN OF DELRAY, PB 6, P 3, 200 S. SWINTON AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.70 (RECORDING)
COUNTY, FL $142.70
(200 S SWINTON AVENUE)
LOT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 39.42
GARDENS, DELRAY, PB 14, P 63, 111 N.E. 16TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33435 2.70 (RECORDING)
COUNTY, FL $112.12
(SW 10TH AVENUE)
LOT 12, BLK 2, CHATELAINE SHEILA Y. BUTLER $ 62.90
NO. 1, PB 29, P 95, PUBLIC JOSEPH & CORNELIA C. 70.00 (ADM. COST)
RECORDS, °PALM BEACH COUNTY,FL PRICE 2.70 (RECORDING)
(706 PLACE TAVANT) 706 PLACE TAVANT $135.60
DELRAY BEACH, FL 33445
ELY133' OF W155' OF N240.91' FLORIDA FEDERAL SAV. FSB $734.45
LYG S OF SR 806 R/W OF E 1/2 P.O. BOX 1509 70.00 (ADM. COST)
OF NW 1/4 OF SE 1/4 OF SE 1/4, ST. PETERSBURG, FL 33731 2.70 (RECORDING)
SUB OF SEC. 14-46-43, PUBLIC $807.15
RECORDS, PALM BEACH COUNTY,FL
(5190 W. ATLANTIC AVENUE)
LOT 5, BLK 7, OSCEOLA PARK, SCOTT & JANE E. LAYMAN $234.80
PB 3, P 2, PUBLIC RECORDS, WM. & MARILYN HUTCHESON 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 225 N.E. 25TH STREET 2.70 (RECORDING)
(618 SE 4TH AVENUE) BOCA RATON, FL 33431 $307.50
LOT 6, BLK 7, OSCEOLA PARK, SCOTT & JANE E. LAYMAN $211.32
PB 3, P 2, PUBLIC RECORDS, WM. & MARILYN HUTCHESON 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 225 N.E. 25TH STREET 2.70 (RECORDING)
(622 SE 4TH AVENUE) BOCA RATON, FL 33431 $284.02
LOT 23, BLK 23, TOWN OF GRACE BARNETT $ 60.00
DELRAY, PB 10, P 69, PUBLIC 1401 39TH STREET 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL W. PALM BEACH, FL 33407 2.70 (RECORDING)
(SE 3RD STREET) $132.70
S90' OF Nll0' OF BLK 21/LESS DAVID HARGROVE $324.28
W175', TOWN OF DELRAY, PB 1, MATTIE B. HUDSON 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM 220 N.W. 4TH AVENUE 2.70 (RECORDING)
BEACH COUNTY, FL DEERFIELD BEACH,FL 33441 $396.98
(2 SW 5TH AVENUE)
-4- Res. No. 85-92
E50' OF S135' OF BLK 3, TOWN ARIDEEN CLOSE $ 51.16
OF DELRAY, PB 1, P 3, PUBLIC C/O BENJAMIN BALDWIN 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 1392 LAWRENCE ROAD 2.70 (RECORDING)
(701 NW 1ST STREET) DELRAY BEACH, FL 33445 $123.86
E37.3' OF W62.3' OF S93' OF HENRY R. DAVIS $ 35.42
BLK 11, TOWN OF DELRAY, PB 1, 301 S.W. 8TH COURT 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.70 (RECORDING)
BEACH COUNTY, FL $108.12
(621 NW 1ST STREET)
LOT 4, BLK C, WEST SIDE HATTIE L. HARDWICK EST $ 51.16
HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE STREET 2.70 (RECORDING)
COUNTY, FL BROOKLYN, NY 11233 $123.86
(37 NW 10TH AVENUE)
LOT 4, BLK 64, PT OF SUB OF LEVERT JR. & DEVONNE $ 70.44
BLK 64, DELRAY BEACH, PB 20, HERRINGTON 70.00 (ADM. COST)
P 39, PUBLIC RECORDS, PALM 316 S. SWINTON AVENUE 2.70 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 $143.14
(316 S SWINTON AVENUE)
LOT 27, BLK 1, ATLANTIC PARK BENNIE THOMAS $ 74.64
GARDENS, DELRAY, PB 14, P 56, 1720 1ST STREET NORTH 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH WINTER HAVEN, FL 33881 2.70 (RECORDING)
COUNTY, FL $147.34
(NW 12TH AVENUE)
LOT 19 & N1.6' OF W26' OF V.C. & A.P. NOCERA TRUST $117.40
LOT 20, BLK 87, LINN'S ADD TO 626 WEST DRIVE 70.00 (ADM. COST)
OSCEOLA PARK, DELRAY, PB 1, DELRAY BEACH, FL 33445 2.70 (RECORDING)
P 133, PUBLIC RECORDS, PALM $190.10
BEACH COUNTY, FL
(228 SE 3RD AVENUE)
El5' OF LOT 2, BLK 5, OSCEOLA J.L.& MARGARET PATTERSON $ 90.12
PARK, PB 3, P 2, PUBLIC 4517 TENELLA ROAD 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL NEW BERN, NC 28562 2.70 (RECORDING)
(SE 5TH STREET) $162.82
LOT 21 & N 1/2 OF LOT 22, V.C. & A.P. NOCERA TRUST $117.40
BLK 87, LINN'S ADD TO OSCEOLA 626 WEST DRIVE 70.00 (ADM. COST)
PARK, DELRAY, PB 1, P 133, DELRAY BEACH, FL 33445 2.70 (RECORDING)
PUBLIC RECORDS, PALM BEACH $190.10
COUNTY, FL
(236 SE 3RD AVENUE)
E40' OF LOT 3, BLK 2, PINE PAUL M.& ANNE C.MATTEODO $ 11.94
TRAIL SEC 1, PB 32, P58, 4731 N.W. 6TH COURT 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 2.70 (RECORDING)
COUNTY, FL $ 84.64
(4731 NW 6TH COURT)
-5- Res. No. 85-92
LOT 20 (LESS N1.6' OF W26'), V.C. & A.P. NOCERA TRUST $140.88
BLK 87, LINN'S ADD TO OSCEOLA 626 WEST DRIVE 70.00 (ADM. COST)
PARK, DELRAY, PB 1, P 133, DELRAY BEACH, FL 33445 2.70 (RECORDING)
PUBLIC RECORDS, PALM BEACH $213.58
COUNTY, FL
(232 SE 3RD AVENUE)
LOT 12, BLK 1, ODMANN'S SUB., MARIH HAYES ESTATE $ 74.64
PB 4, P 53, PUBLIC RECORDS, C/O WILLIE R.GOODMAN JR. 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 123 GARFIELD AVENUE 2.70 (RECORDING)
(20 NW 13TH AVENUE) TRENTON, NJ 08609 $147.34
LOT 50, POINCIANA HEIGHTS, TILLIE NELSON $ 98.12
DELRAY BEACH, PB 26, P 245, 219 N.W. 10TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.70 (RECORDING)
COUNTY, FL $170.82
(1001 NW 3RD TERRACE)
S12' OF LOT 7 & LOT 8, MELVIN GEZA M. GYORKY $192.04
S. BURD SUB., PUBLIC RECORDS, P.O. BOX 2554 70.00 (ADM. COST)
PALM BEACH COUNTY, FL W. PALM BEACH, FL 33402 2.70 (RECORDING)
(NW 5TH AVE) $264.74
LOT 4, LINCOLN ATLANTIC PARK JAMES CLINTON $ 82.38
GARDENS, PB 23, P 226, PUBLIC RUBIN CLINTON 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 333 N.W. 3RD AVENUE 2.70 (RECORDING)
(113-115 SW 14TH AVENUE) DELRAY BEACH, FL 33444 $155.08
LOT 9 (LESS 1-95 R/W), VICTOR NOCERA $ 66.64
WILLIAMS SUB., PB 24, P 180, MANUEL T. MOREDA 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 626 WEST DRIVE 2.70 (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33445 $139.34
(SW 15TH AVENUE)
VIOLATION IS; SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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