Res 90-92 RESOLUTION NO. 90-92
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 25th day of Auqust, 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 th' the 25th day
ATTEST:
CftY Clerk
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 12 (LESS E85'), BLK 4, E.I.& ELIZABETH A.GALINIS $ 45.00
SHERWOOD PARK, PB 25, P 187, 3425 SHERWOOD BLVD. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 2.52 (RECORDING)
COUNTY, FL $117.52
(3425 SHERWOOD BLVD.)
LOT 1, BLK 1, SOUTHRIDGE, MANUEL & ESTERVINA MOREDA $ 23.48
PB 13, P 38, PUBLIC RECORDS, P.O. BOX 1953 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 2.52 (RECORDING)
(1102 S. SWINTON AVENUE) $ 96.00
LOTS 11 & 12, MELVIN S. BURD LILLIAN O. ROLLE $ 51.16
SUB., PB 11, P 73, PUBLIC 735 BLVD. CHATELAINE E. 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, DELRAY BEACH, FL 33445 2.52 (RECORDING)
FL. $123.68
(NW 6TH AVENUE)
LOT 4, BLK 4, ATLANTIC PARK ROBERT CASTELLOW II $ 66.64
GARDENS, DELRAY, PB 14, P 56, 1150 N.W. 29TH WAY 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH FT. LAUDERDALE,FL 33311 2.52 (RECORDING)
COUNTY, FL $139.16
(213 SW 13TH AVENUE)
LOTS 14 TO 16 INC., BLK 1, ESTERVINA MOREDA $486.73
SOUTHRIDGE, PB 13, P 38, P.O. BOX 1953 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33447 2.52 (RECORDING)
COUNTY, FL $559.25
(REIGLE AVENUE)
LOTS 17 TO 20 INC., BLK 1, ESTERVINA MOREDA $197.97
SOUTHRIDGE, PB 13, P 38, P.O. BOX 1953 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33447 2.52 (RECORDING)
COUNTY, FL $270.49
(REIGLE AVENUE)
S53.5' OF LOT 15, BLK 121, REGINIA VINCI $ 88.44
HIGHLAND PARK, DELRAY, PB 2, 556 ROCKLAND STREET 70.00 (ADM. COST)
P 79, PUBLIC RECORDS, PALM WESTBURY, NY 11590 2.52 (RECORDING)
BEACH COUNTY, FL $160.96
(301 NE 7TH AVENUE)
N30' OF E135' OF BLK 10, TOWN JAMES & BERNICE IVY $ 35.42
OF DELRAY, PB 1, P 3, PUBLIC 221 N. SWINTON AVENUE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, DELRAY BEACH, FL 33444 2.52 (RECORDING)
FL $107.94
(NW 3RD STREET)
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LOT 12 & N 1/2 OF LOT 13, BLK R.T.C. $ 46.96
70, (OLD SCHOOL SQUARE HISTORIC C/O LAWRENCE BERNARD 70.00 (ADM. COST)
DISTRICT) SUNDY & CROMER AMND. 2064 PARK STREET 2.52 (RECORDING)
PL., PB 6, P 17, PUBLIC JACKSONVILLE, FL 32204 $119.48
RECORDS, PALM BEACH COUNTY,FL
(122 SE 1ST AVENUE)
LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G. & $ 23.68
PB 12, P 81, PUBLIC RECORDS, PATRICIA ALLEN 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 206 S.W. 2ND AVENUE 2.52 (RECORDING)
(206 SW 2ND AVENUE) DELRAY BEACH, FL 33444 $ 96.20
S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS $ 23.68
BLK 56, TOWN OF DELRAY, PB 20, 303 S.W. 2ND AVENUE 70.00 (ADM. COST)
P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.52 (RECORDING)
BEACH COUNTY, FL $ 96.20
(303 SW 2ND AVENUE)
LOT 22, BLK 4, LAKEVIEW, PB FRANK J. & PATRICIA A. $200.00
30, P 10, PUBLIC RECORDS, PALM DITMYER 70.00 (ADM. COST)
BEACH COUNTY, FL 3557 LAKEVIEW DRIVE 2.52 (RECORDING)
(3557 LAKEVIEW DRIVE) DELRAY BEACH, FL 33445 $272.52
LOT 271, TROPIC ISLE 3RD SEC., MICHAEL FREY $ 73.00
PB 25, P 37, PUBLIC RECORDS, 17 EAST PORT 70.00 (ADM. COST)
PALM BEACH COUNTY, FL RED BANK, NJ 07701 2.52 (RECORDING)
(EVERGREEN DRIVE) $145.52
LOT 2, BLK 6, DELRAY BEACH GARY H. & CAROLYNN R. $ 89.00
HIGHLANDS SEC. 3, PB 27, MAYER 70.00 (ADM. COST)
P 108, PUBLIC RECORDS, PALM 714 N.E.2ND AVENUE 2.52 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 $161.52
(2108 SW 13TH COURT)
LOTS 23 TO 28, INC., BLK 5, HAGGERTY ASSOC. PARTNERS $ 55.39
SOUTHRIDGE, PB 13, P 38, 101 N. FEDERAL HIGHWAY 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH BOCA RATON, FL 33432 2.52 (RECORDING)
COUNTY, FL $127.91
(DOUGLAS AVENUE)
S50' OF N250' OF E135' OF BLK R.P.I. MANAGEMENT $116.00
13, TOWN OF DELRAY, PB 1, P 3, P.O. BOX 2501 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 7825 N. BAYSHORE COURT 2.52 (RECORDING)
COUNTY, FL MIAMI, FL 33138 $188.52
(20 SW 6TH AVENUE)
W 1/2 OF LOT 7, BLK 30, TOWN ALBERT MARTIN & $ 51.00
OF DELRAY, PB 1, P 3, PUBLIC MARYLIN S. BARON 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL P.O. BOX 414002 2.52 (RECORDING)
(SW 5TH AVENUE) · MIAMI, FL 33141 $123.52
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E 1/2 OF LOT 7, BLK 30, TOWN ISADORA BRADY ESTATE $ 51.00
OF DELRAY, PB 1, P 3, PUBLIC C/O F. MARKS 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 1426 PARK PLACE 2.52 (RECORDING)
(SW 5TH'AVENUE) BROOKLYN, NY 11213 $123.52
N 1/2 OF LOT 13, BLK 30, TOWN ETHEL MACKEY $ 50.00
OF DELRAY, PB 1, P 3, PUBLIC C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 1120 N.W. 64TH STREET 2.52 (RECORDING)
(124 SW 4TH AVENUE) MIAMI, FL 33150 $122.52
LOT 11, BLK 38, RESUB. OF BEULAH HUNTER $ 58.00
S 1/2 OF BLK 38 & N 1/2 OF 248 N.W. 14TH AVENUE 70.00 (ADM. COST)
BLK 39, DELRAY BEACH, PB 11, DELRAY BEACH, FL 33444 2.52 (RECORDING)
P 34, PUBLIC RECORDS, PALM 130.52
BEACH COUNTY, FL
(SW 4TH AVENUE)
LOT 49 (LESS S10'), SUNSET ANPE INC. $ 45.00
PARK, DELRAY, PB 12, P 65, P.O. BOX 3215 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33424 2.52 (RECORDING)
COUNTY, FL $117.52
(1005 MANGO DRIVE)
Sl0' OF LOT 49 & LOT 50 (LESS ANPE INC. $ 50.00
S10'), SUNSET PARK, DELRAY, P.O. BOX 3215 70.00 (ADM. COST)
PB 12, P 65, PUBLIC RECORDS, BOYNTON BEACH, FL 33424 2.52 (RECORDING)
PALM BEACH COUNTY, FL $122.52
(1011 MANGO DRIVE)
E'LY225.40' OF N300' OF S330' GLENDALE FEDERAL & OR $127.16
OF SE 1/4 SUB. OF SEC. FEDERAL SAVINGS BANK 70.00 (ADM. COST)
12-46-42, PUBLIC RECORDS, PALM C/O ROBERT A. SMITH,ESQ. 2.52 (RECORDING)
BEACH COUNTY, FL P.O. BOX 140398 $199.68
(BRANDON DRIVE) FT. LAUDERDALE, FL 33301
S 1/2 OF LOT 4 & LOT 5, GARY D.& PATRICIA DOLPHUS $ 45.00
BLK 96, LINN'S ADD TO OSCEOLA 3833 S.W. DORSON WAY 70.00 (ADM. COST)
PARK, DELRAY, PB 1, P 133, DELRAY BEACH, FL 33445 2.52 (RECORDING)
PUBLIC RECORDS, PALM BEACH $117.52
COUNTY, FL
(319 SE 3RD AVENUE)
LOT 4, BLK C, RIDGEWOOD E.& HERMENLINDA GONZALES $ 50.00
HEIGHTS, DELRAY, PB 14, P 44, 1108 S.W. 8TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.52 (RECORDING)
COUNTY, FL $122.52
(SW 8TH AVENUE)
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LOTS 1 & 2/LESS N15' RD R/W, VALENTINE & FRANCES $ 45.00
BLK B, RIDGEWOOD HEIGHTS, GABALDON 70.00 (ADM. COST)
DELRAY, PB 14, P 44, PUBLIC C/O DEPT. OF HOUSING & 2.52 (RECORDING)
RECORDS, PALM BEACH COUNTY, URBAN DEV. $117.52
FL 328 4TH STREET
(702 SW 10TH STREET) W. PALM BEACH, FL 33401
LOT 23, BLK C, RIDGEWOOD R.P.I. MANAGEMENT INC. $ 60.00
HEIGHTS, DELRAY, PB 14, P 44, C/O THOMAS WALKER 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 125 DIXIE BLVD. 2.72 (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33444 $132.52
(1106 SW 7TH AVENUE)
LOT 4 (LESS W550' & N80.4'), WILLIAM A. & ELIZABETH $147.40
CREGO SUB. AMND. PLAT 3, B. PERRY 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 38 HIGH AVENUE 2.52 (REcoRDING)
COUNTY, FL NYACK, NY 10960 $219.92
(316 N. OCEAN BLVD.)
ALL OF PLAT, CORNICHE, PB 53, CRAFT DEV. II INC. $ 34.56
P 28, PUBLIC RECORDS, PALM 5910. N.W. 2ND AVENUE 70.00 (ADM. COST)
BEACH COUNTY, FL BOCA RATON, FL 33487 2.72 (RECORDING)
(SE 6TH AVENUE) $107.08
S50' OF N200' OF E135' OF MINNIE NEWMAN $ 51.16
BLK 10, TOWN OF DELRAY, PB 1, 240 N.W. 8TH AVENUE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.52 (RECORDING)
BEACH COUNTY, FL $123.68
(NW 6TH AVENUE)
LOT 19, BLK 2, ATLANTIC PARK J.D. & EARLINE MONROE $ 51.16
GARDENS, DELRAY, PB 14, P 56, 32 EARLE STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH HARTFORD, CT 06120 2.72 (RECORDING)
COUNTY, FL $123.68
(39 SW 13TH AVENUE)
S106' OF N216' OF LOT 8 (LESS MATTIE M. CREASMAN $ 62.90
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 2.52 (RECORDING)
PUBLIC RECORDS, PALM BEACH $135.42
COUNTY, FL
(1203 GERMANTOWN ROAD)
LOT 3, BLK 2, RIO DEL REY JAMES GINESI $114.99
SHORES, PB 25, P 5, PUBLIC 363A BRICKYARD ROAD 35.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FREEHOLD, NJ 07728 2.52 (RECORDING)
FL $152.51
(SE 6TH AVENUE)
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LOT 4, BLK 2, RIO DEL REY JAMES GINESI $114.98
SHORES, PB 25, P 5, PUBLIC 363A BRICKYARD ROAD 35.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FREEHOLD, NJ 07728 2.52 (RECORDING)
FL $152.50
(SE 6TH AVENUE)
LOT 21 & N 1/2 OF LOT 22, V.C. & A.P. NOCERA TRUST $ 86.38
BLK 87, LINN'S ADD. TO OSCEOLA 626 WEST DRIVE 70.00 (ADM. COST)
PARK, DELRAY, PB 1, P 133, DELRAY BEACH, FL 33445 2.52(RECORDING)
PUBLIC RECORDS, PALM BEACH $158.90
COUNTY, FL
(236 SE 3RD AVENUE)
TH PT OF LOT 11 K/A W 1/2 OF ELIJAH THOMPSON $ 58.70
DUPLEX, BLK 4, PRIEST'S ADD. 241 SW 14TH AVENUE 70.00 (ADM. COST)
TO ATLANTIC PARK GARDENS, DELRAY BEACH, FL 33444 2.52 (RECORDING)
PB 23, P 70, PUBLIC RECORDS, $131.22
PALM BEACH COUNTY, FL
(241 SW 14TH AVENUE)
LOTS 7 TO 9, INC., LINCOLN RUBIN & FRANCINE CLINTON $ 58.90
ATLANTIC PARK GARDENS, PB 23, 1501 N.W. lST STREET 70.00 (ADM. COST)
P 226, PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33435 2.72 (RECORDING)
BEACH COUNTY, FL $131.42
(125-135 SW 14TH AVENUE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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