Res 96-92 RESOLUTION NO. 96-92
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 Cha~ter 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 8th day of ~eDt~aber~ ]9q2 has levied an
assessment against said property f6r 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 8th day
of September , 1992. ~j~~~
ATTEST:
City Clerk ~
- 2 - Res. NO.96-92
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
N58' OF S312.12' OF E135' OF IVERSON LASTER $ 51.16
BLK 10, TOWN OF DELRAY, PB 1, P.O. BOX 1225 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33426 2.50 (RECORDING)
BEACH COUNTY, FL $123.66
(NW 6TH AVENUE)
S1/2 OF LOTS 1 & 2, PLUMOSA PK CHESTER A. WALKER $ 19.68
SEC A, PB 23, P 68, PUBLIC 1313 NE 2ND AVENUE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(1313 NE 2ND AVENUE) $ 92.18
LOT 18, BLK 23, TOWN OF DELRAY, MATILDA JOHNSON $ 51.16
PB 10, P 69, PUBLIC R~CORDS, 225 SW 6TH AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(225 SW 6TH AVENUE) $123.66
S50'. OF N200' OF E135' OF CATHERINE LEWIS $109.86
BLK 14, TOWN OF DELRAY, PB 1, C/O CYRIL S. LEWIS 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM 1365 ST. NICHOLAS AVE.7R 2.50 (RECORDING)
BEACH COUNTY, FL NEW YORK, NEW YORK 10033 $182.36
(SW 6TH AVENUE)
LOTS 23 & 24, BLK 6, SILVER BERNARD W. EVERETT $ 35.03
TERR, PB 11, P 61, PUBLIC JEAN M. EVERETT 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 309 NW 4TH STREET 2.50 (RECORDING)
(1011 MIAMI BLVD) OKEECHOBEE, FL 34972 $107.53
LOT 25, BLK 6, SILVER TERR, BERNARD W. EVERETT $ 26.88
PB 11, P 1, PUBLIC RECORDS, JEAN M. EVERETT 70.00 (ADM COST)
PALM BEACH COUNTY, FL 309 NW 4TH STREET 2.50 (RECORDING)
(200 SE 10TH STREET) OKEECHOBEE, FL 34972 $ 99.38
LOT 16, BLK 4, PRIEST'S ADD TO ROSA L. SCOTT $ 58.90
ATLANTIC TO ATLANTIC PARK 545 AUBURN CIRCLE E #B 70.00 (ADM COST)
GDNS, PB 23, P 70, PUBLIC DELRAY BEACH, FL 33444 2.50 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL $131.40
(SW 13TH AVENUE)
E41' OF LOT 2, BLK D, RIDGE- MADELINE S. SANTIAGO $ 31.42
WOOD HGTS, DELRAY, PB 14, 1105 1/2 SW 7TH STREET 70.00 (ADM COST)
P 44, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.50 (RECORDING)
BEACH COUNTY, FL $103.92
(SW 7TH AVENUE)
El/2 OF LOTS 14 & 15, BLK 2, MARIE CULLERTON, ROBERT $ 27.68
KENMONT, PB 20, P 65, PUBLIC DEANS, & JEAN SCHAEFFER 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL C\O TONNESSEN 2.50 (RECORDING)
(850 BOND WAY) 700 E. ATLANTIC AVENUE $100.18
POMPANO BEACH, FL. 33060
-3- Res. No. 96-92
LOT 37, BLK 8, TOWN OF DELRAY, J. & LUCILLE HOWARD $ 62.90
PB 14, P 58, PUBLIC RECORDS, 902 NW 1ST STREET 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(SW 7TH AVENUE) $135.40
LOT 37, DELRAY MANOR ADD. TO DANIEL MCGILL, JR. $159.86
DELRAY, PB 12, P 59, PUBLIC 2120 ELKRIDGE LANE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL RICHMOND, VA 23223-2046 2.50 (RECORDING)
(945 SW 6TH AVENUE) $232.36
S100' OF N1040' OF GOV LT 4 E MARLENE CERNY $ 27.68
OF ST RD A1A, SUB OF SEC C/O DAVID B. DICKENSON 70.00 (ADM COST)
21-46-43, PUBLIC RECORDS, PALM 980 N. FEDERAL HIGHWAY 2.50 (RECORDING)
BEACH COUNTY, FL BOCA RATON, FL 33431 $100.18
(1325 S. OCEAN BLVD.)
LOT 39, DELRAY BEACH ESTATES, GERALD J. SOLOMON $860.00
PB 21, P 13, PUBLIC RECORDS, 17096 NORTHWAY CIRCLE 70.00 (ADM COST)
PALM BEACH COUNTY, FL BOCA RATON, FL 33496 2.50 (RECORDING)
(2345 N~ FEDERAL HIGHWAY) $932.50
LOTS 3 & 4, BLK 8, DELL PK, RICHARD A COURT $ 242.78
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) $315.28
LTS 15 & 16, VISTA DELMAR, SHEILA A. MAHONEY $ 88.44
DELRAY BEACH, PB 13, P 21, 1202 VISTA DEL MAR DRIVE 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 2.50 (RECORDING)
COUNTY, FL $160.94
(1202 VISTA DEL MAR DRIVE)
LT 13, BLK 39, RESUB. OF S1/2 SHIRLEY T. WILLIAMS $ 39.42
OF BLK 38 & N1/2 OF BLK 39, O.B. THOMAS 70.00 (ADM COST)
DELRAY BEACH, PB 11, P 34, 816 SW 3RD COURT 2.50 (RECORDING)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 $111.92
COUNTY, FL
(222 SW 3RD AVENUE)
LTS 30 & 31, BLK 15, TOWN OF MATTHEW JR. & MARTHA $ 62.90
DELRAY, PB 13, P 18, PUBLIC MITCHELL 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 324 NW llTH AVENUE 2.50 (RECORDING)
(607 SW 3RD STREET) DELRAY BEACH, FL 33444 $135.40
-4- Res. No. 96-92
LT 1, BLK 8, SEACREST PK, WILLIAM HANCOCK $ 88.44
PB 24, P 33, PUBLIC RECORDS, 2119 NORTHRIDGE ROAD 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELI{AY BEACH, FL 33444 2.50 (RECORDING)
(2119 NORTHRIDGE ROAD) $160.94
S5' OF LOT 1 & N71.5' OF LT 2, SYLVIA SCHUPLER TR $ 86.38
BLK 30, TOWN OF DELRAY, PB 1, 3101 WASHINGTON ROAD 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM BEACH WEST PALM BEACH, FL 33405 2.50 (RECORDING)
COUNTY, FL $158.88
(109 SW 5TH AVENUE)
LT 4, BLK 23, TOWN OF DELRAY, MELVIN SMITH ESTATE $ 39.42
PB 10, P 69, PUBLIC RECORDS, 215 SW 5TH AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(214 SW 5TH AVENUE) $111.92
E 50' OF W175' OF N160' OF BEATRICE GRAHAM $ 27.68
W1/2 OF Sl/2 OF LT 5, SUB OF BOBBY L. GRAHAM 70.00 (ADM COST)
SEC. 8-46-43, PUBLIC RECORDS, 721 NW 4TH STREET 2.50 (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 $100.18
(714 LAKE IDA ROAD)
LT 12, BLK 4, ODMANN'S SUB, WILLEAN LLOYD $ 31.42
PB 4, P 53, PUBLIC RECORDS, 14 SW 13TH AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING)
(14 SW 13TH AVENUE) $103.92
LT 23, BLK 4, ODMANN'S SUB, LEON I & GAIL R. JENKINS $ 43.16
PB 4, P 53, PUBLIC RECORDS, 16049 RIO DEL SOL 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33446 2.50 (RECORDING)
(21 SW 14TH AVENUE) $115.66
LTS 23 & 24, BLK 120, BLANK- VIOLA B. HENDERSON $ 88.44
NICHOLS SUB., PB 13, P 28, 300 SE 7TH AVENUE 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 2.50 (RECORDING)
COUNTY, FL $160.94
(300 SE 7TH AVENUE)
LOT 2, BLK 102, TOWN OF DELRAY, V.C. & A.P. NOCERA TRUST $ 70.44
PB 1, P 3, PUBLIC RECORDS, 626 WEST DRIVE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 2.50 (RECORDING)
(103 SE 4TH AVENUE) $142.94
-5- Res. No. 96-92
N69.5' OF LOT 9, BLK 78, TOWN DOROTHY MAGER $266.26
OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL LAKE WORTH, FL 33460 2.50 (RECORDING)
(102 SE 2ND AVENUE) $338.76
LT 12, BLK 96, LINN'S ADD TO THOMAS S. MCDERMOT $157.34
OSCEOLA PK, DELRAY, PB 1, 347 SE 3RD AVENUE 70.00 (ADM COST)
P 133, PUBLIC RECORDS, PALM 'DELRAY BEACH, FL 33483 2.50 (RECORDING)
BEACH COUNTY, FL $229.84
(347 SE 3RD AVENUE)
LT 23, BLK 23, TOWN OF DELRAY, GRACE BARNETT $270.52
PB 10, P 69, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM COST)
PALM BEACH COUNTY, FL WEST PALM BEACH, FL 33407 2.50 (RECORDING)
(SW 3RD STREET) 343.02
LOTS 43 TO 44, INC., SUNSET PK, ANPE INC. $512.44
DELRAY, PB 12, P 65, PUBLIC P.O. BOX 3215 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33424. 2.50 (RECORDING)
(1022 MANGO DRIVE) $584.94
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No. 96-92