Res 101-92 RESOLUTION NO. 101-92
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 ex/.s-
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 Conunission 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 22nd day of September, 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 22nd day
of ~pt~mh~r , 1992. ~j~~~
ATTEST:
- - Ci%y Cler~
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 22, BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 98.00
PB 6, P 97, PUBLIC RECORDS, 317 S.W. 5TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.45 (RECORDING)
(SW 4TH AVENUE) $170.45
N100' OF W 1/2 OF E 1/2 OF DIEUSEUL VIL $102.50
SE 1/4 OF LOT 1, SUB OF SEC. 513 S.W. 5TH AVENUE 70.00 (ADM. COST)
20-46-43, PUBLIC RECORDS, DELRAY BEACH, FL 33444 2.45 (RECORDING)
PALM BEACH COUNTY, FL $174.95
(513 SW 5TH AVENUE)
S50' OF N300' OF E135' OF FRANCES L. GERMAN $178.00
BLK 13, TOWN OF DELRAY, PB 1, WALTER WADE 70.00 (ADM. COST)
P 13, PUBLIC RECORDS, PALM 33 S.W. 1ST AVENUE #1 2.45 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 $250.45
(24 SW 6TH AVENUE)
LOT.19, SUNDY & TENBROOK ADD J.E. & KAY B. WOMACK $ 57.00
TO DELRAY, PB 11, P 73, PUBLIC P.O. BOX 2493 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 2.45 (RECORDING)
(SW 4TH AVENUE) $129.45
W55' OF LOTS 11 & 12, BLK 23, MARIE QUINCE $ 84.00
TOWN OF DELRAY, PB 10, P 69, 506 S.W. 14TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.45 (RECORDING)
COUNTY, FL $156.45
(SW 5TH AVENUE)
LOTS 11 & 12 (LESS W 55'), LORENZO & MARY E. JONES $ 25.00
BLK 23, TOWN OF DELRAY, PB 10, 236 N.W. 5TH AVENUE 70.00 (ADM. COST)
P 69, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.45 (RECORDING)
BEACH COUNTY, FL $ 97.45
(244 SW 5TH AVENUE)
N50' OF S356.4' OF E135' OF ADELINE JENKINS $ 84.00
BLK 24, TOWN OF DELRAY, PB 1, 2076 ILENE COURT #3 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 2.45 (RECORDING)
COUNTY, FL $156.45
(322 SW 5TH AVENUE)
S50' OF W135' OF BLK 24, TOWN T. SR. & EARLENE HAM $101.00
OF DELRAY, PB 1, P 3, PUBLIC P.O. BOX 1473 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL MERRITT ISLAND, FL 32952 2.45 (RECORDING)
(SW 6TH AVENUE) $173.45
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LOT 54, SUNSET PARK, DELI{AY, PB TOMASA R. CRUZ $187.00
12, P 65, PUBLIC RECORDS, PALM 409 N.W. 7TH COURT 70.00 (ADH. COST)
BEACH COUNTY, FL (MANGO DRIVE) BOYNTON BEACH, FL 33426 2.45 (RECORDING)
$259.45
LOT 55, SUNSET PARK, DELRAY, TOMASA R. CRUZ $187.00
PS 12, P 65, PUBLIC RECORDS, 409 N.W. 7TH COURT 70.00 (ADH. COST)
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 2.45 (RECORDING)
(MANGO DRIVE) $259.45
N100' OF W 1/2 OF E 1/2 OF DIEUSEUL VIL $ 78.00
SE 1/4 OF LOT 1, SUB OF SEC. 513 S.W. 5TH AVENUE 70.00 (ADH. COST)
20-46-43, PUBLIC RECORDS, DELRAY BEACH, FL 33444 2.45 (RECORDING)
PALM BEACH COUNTY, FL ~150.45
(513 SW 5TH AVENUE)
LOT 1, BLK C, LAKE HEIGHTS, DAVID Z. EUNICE $ 55.00
PB 23, P 206, PUBLIC RECORDS, 31 MILLER ROAD 70.00 (ADH. COST)
PALM BEACH COUNTY, FL LAKE WORTH, FL 33461 2.45 (RECORDING)
(118 AVOCADO ROAD) $127.45
LOT 20, BLK 65 (OLD SCHOOL KELLERCO CONST. INC. $ 45.00
SQUARE HISTORIC DISTRICT), 1000 HOLLAND DRIVE #5 70.00 (ADH. COST)
TOWN OF DELRAY, PB 2, P 20, BOCA RATON, FL 33487 2.45 (RECORDING)
PUBLIC RECORDS, PALM BEACH $117.45
COUNTY, FL
(334 NE 1ST AVENUE)
LOT 19, BLK 65 (OLD SCHOOL KELLERCO CONST. INC. $ 45.00
SQUARE HISTORIC DISTRICT), 334 N.E. lST AVENUE 70.00 (ADH. COST)
TOWN OF DELRAY, PB 2, P 20, DELRAY BEACH, FL 33444 2.45 (RECORDING)
PUBLIC RECORDS, PALM BEACH $117.45
COUNTY, FL
(NE 1ST AVENUE)
LOT 7, BLK 9, ATLANTIC GARDENS, DANIEL MORGAN $ 85.00
DELRAY, PB 14, P 63, PUBLIC 125 S.W. llTH AVENUE 70.00 (ADH. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.45 (RECORDING)
(125 SW llTH AVENUE) $157.45
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LOT 22, BLK 4, ODMANN'S SUB., MARY L. ODOM $ 47.16
PB 4, P 53, PUBLIC RECORDS, 17 S.W. 14TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.45 (RECORDING)
(17 SW 14TH AVENUE) $119.61
E165' OF SW 1/4 OF NW 1/4 OF JOHN R. MOORE $755.21
SW 1/4 LYG N OF SR 806, SUB. 362 OXFORD LANE 70.00 (ADM. COST)
OF SEC. 18-46-43, PUBLIC CRYSTAL LAKE, IL 60014 2.45 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL 827.66
(ATLANTIC AVENUE)
LOT 37, DELRAY MANOR ADD TO DANIEL MC GILL, JR. $165.88
DELRAY, PB 12, P 59, PUBLIC 2120 ELKRIDGE LANE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL RICHMOND, VA 23223 2.45 (RECORDING)
(945 SW 6TH AVENUE) $238.33
LOT 96, TROPIC ISLE, PB 24, JAMES & ELIZABETH $ 15.94
P 235, PUBLIC RECORDS, PALM A. GINESI 70.00 (ADM. COST)
BEACH COUNTY, FL 363-A BRICKYARD ROAD 2.45 (RECORDING)
(SPANISH TRAIL) FREEHOLD, NJ 07728 $ 88.39
LOT 17, BLK 121, HIGHLAND RICHARD T. DOTY $147.40
PARK, DELRAY, PB 2, P 79, 309 N.E. 7TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 2.45 (RECORDING)
COUNTY, FL $219.85
(309 NE 7TH AVENUE)
LOT 17, BLK 95, LINN'S ADD TO LAWRENCE L. & LILLIE $144.14
OSCEOLA PARK, DELRAY, PB 1, W. PARKER 70.00 (ADM. COST)
P 133, PUBLIC RECORDS, PALM 730 E. CHATELAINE BLVD. 2.45 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33445 $216.59
(218-220 SE 4TH AVENUE)
LOTS 8 & 9 (LESS RD R/W), DOLORES A. LIDDY TR. $223.04
BLK 2, SOPHIA FREY ADD, PB 23, C/O ARNOLD F. KURZINGER 70.00 (ADM. COST)
P 14, PUBLIC RECORDS, PALM 5700 N. FEDERAL HWY 9B 2.45 (RECORDING)
BEACH COUNTY, FL BOCA RATON, FL 33487 $295.49
(911 N. FEDERAL HWY)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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