Res 117-92 RESOLUTION NO. 117-92
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 DELRA¥ 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,
WHEREA~, 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:
~ 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.
~ That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
~ 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 27th a~v Of n~*O~. )g g? has levied an
assessment against said property -for the co~tof 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.
~ 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.
~ 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
records 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 27th day
of October , 1992. ~~_.~ .__~__~/_
ATTEST:
City CleFk- '- /
2 - Res. No. 117-92
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 1 & 2(LESS RD R/W), FNB PROPERTIES,INC. $ 44.22
BLK. 11, OSCEOLA P~RK, C/O SUSAN HOLLENBACHER 70.00 (ADM.COST)
PB 3, P 2, PUBLIC RECORDS, 214 N. HOGAN ST. 2.35 (RECORDING)
PALM BEACH COUNTY, FL JACKSONVILLE,FL 32202 ~
(610 SE 6TH AVE.)
W71' OF Nll0' BLK. 122, RICHARD A. & JEANNE C. $103.44
TOWN OF DELRAY, PB 1, P 3, FRIEDMAN 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 414 CALIBRE PLACE 2.35 (RECORDING)
COUNTY, FL DECATUR, GA 30033 $175.79
(245 N.E. 7TH AVE.)
LOT~i,BLK. 4, ATLANTIC PARK THOMAS L. & BETTY J. $ 31.42
GARDENS,PB 15, P 56, PUBLIC JENKINS 70.00 (ADM.cosT)
RECORDS OF PALM BEACH CTY,FL 3834 CORTEZ LANE 2.35 (RECORDING)
(1212 & 1214 S.W.2ND ST.) DELRAY BEACH,FL 33445 $103.77
LOTS 2 & 3, BLK. 4, ATLANTIC ROGER M. COFFEY $ 47.16 ,
PARK GARDENS, PB 15, P 56, 1502 N.W. 85TH ST. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL 33147-4340 2.35 (RECORDING)
COUNTY, FL $119.51
(S.W. 13TH AVE.)
LOT 6, BLK. 2, SILVER TER., JEROME B. VANHILLE $ 75.44
DELRAY, PB 11, P 61, PUBLIC 123 N.E. 1ST STREET 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH,FL 33444 2.35 (RECORDING
(12 CENTRAL AVE.) ~
E37.3' of W62.3' of S93', HENRY R. DAVIS $ 23.68
BLK. 11, TOWN OF DELRAY, PB 1, 301 S.W. 8TH COURT 70.00 (ADM. COST)
P 3, PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 2.35 (RECORDING)
BEACH COUNTY, FL $ 96.03
(621 N.W. lST ST~)
E50' OF S135' OF BLK. 3, TOWN ARIDEEN CLOSE $ 39.42
OF D~LRAY, PB 1, P 3, PUBLIC C/O BENJAMIN BALDWIN 70.00 (ADM. COST)
RECORDS, PALM BEAC~ COUNTY,FL 1392 LAWRENCE RD. 2.35 (RECORDING)
(701 N.W. lST ST.) DELRAY BEACH, FL 33445 $111.77
N50' OF S300' BLK. 18(LESS W143' EDGAR I. RAMIREZ $ 27.68
& E20' R/W, TOWN OF DELRA¥, PB1, JULIO L. RAMIREZ 70.00 (ADM. COST)
P 3, PUBLIC RECORDS OF PALM 11081 ELLISON WILSON RD. 2.35 (RECORDING)
BEACH COUNTY, FL NORTH PALM BEACH,FL 33408 $100.03
(222 N.W. 5TH AVE.)
- 3 - Res. No.117-92
LOT 4, BLK. C, WEST SIDE HATTIE L. HARDWICK EST. $ 39.42
HEIGHTS, DELRAY, PB 13,P61, C/O GEORGE QUAIL 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE ST. 2.35 (RECORDING)
CO ~TY, FL BROOKLYN, N.Y. 11233 $111.77
(37 N.W. 10TH AVE.)
LOT 4, BLK. A, WEST SIDE STRAGHN ENTERPRISES OF $ 39.42
HEIGHTS, DELRAY, PB 13,P61, .DELRAY BEACH, INC. 70.00 (ADM.COST
PUBLIC RECORDS, PALM BEACH 26 S.W. 5TH AVENUE 2.35 (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33444 $111.77
(123 N.W. 10TH AVE.)
LOT 19, BLK. 10, ATLANTIC EVELYN CLINTON $ 27.68
GARDENS, DELRAY, PB 14, P63, 111 N.E. 16TH AVE. 70.00 (ADM.COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH,FL 33435 2.35 (RECORDING)
COUNTY, FL $100.03
(S.W. 10TH AVE.)
LOT 33, DELRAY BEACH ESTATES, BARNETT BANK CF PBC · $240.00
PB 21, P 13, PUBLIC RECORDS, P.O. BOX 3888 . 70.00 (ADM. COST)
PALM BEACH COUNTY, FL W. PALM BEACH,FL 33402 2.35 (RECORDING)
(2519 N. FEDERAL HWY.) $312.35
S60' OF N140' OF W140~6' OF LILLIAN MUNNINGS $ 23.68
BLK. 56, TOWN OF DELRAY, PB 20, 303 S.W. 2ND AVE. 70.00 (ADM. COST)
P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.35 (RECORDING)
BEACH COUNTY, FL $ 96.03
(303 S.W. 2ND AVE.)
LOT 49 (LESS S10'),SUNSET ANPE, INC. $431.34
PARK, DELRAY, PB 12, P 65, P.O. BOX 3215 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH,FL 33424 2.35 (RECORDING)
COUNTY, FL $503.69
(1005 MANGO DRIVE)
LOT 2,BLK. 6, DELRAY BEACH GARY H. & CAROLYNN R. $ 62.90
HIGHLANDS SEC. 3, PB 27, MAYER 70.00 (ADM. COST)
P108, PUBLIC RECORDS, PALM 714 N.E. 2ND AVENUE 2.35 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 $135.25
(2108 S.W. 13TH CT.)
LOT 27, DELRAY BEACH ESTATES, GULFSTREA~ LODGE,INC. $ 35.42
PB 21, P 13, PUBLIC R~CORDS, C/O MASSOU MEH RAMAZANI 70.00 (ADM. COST)
PALM BEACH COUNTY, FL P.O. BOX 3101 2.35 (RECORDING)
(2713 N. FEDERAL HWY.) BOYNTON BEACH, FL 33424 $107.77
LOT 2, BLK. 60, TOWN OF DEL- JAM~S P. & RACHEL A. $ 35.22
RAY (OLD SCH. SQ. HISTORIC D'ANGELO 70.00 (ADM. COST)
DIST.)PB 1, P 3, PUBLIC 251 N.W. 81ST TERR. 2.35 (RECORDING)
RECORDS, PALM BEACH COUNTY, CORAL SPRINGS, FL 33071 $107.57
FL
(45 N.W. lST AVE.)
- 4 - Res. No. 117-92
LOTS 2 & 3, BLK. B, TOURIST WILLARD BOWE $ 23.86
NOOK, DELRAY, PB 11, P 47, 3330 N.W. 214TH ST. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH OPA-LOCKA, FL 33056 2.35 (RECORDING)
COUNTY, FL $ 96.21
(N.W. 9TH AVE.)
LOT 3, BLK. 47, TOWN OF ROBERT G. & PATRICIA $ 35.42
DELRAY, PB 12, P 81,PUBLIC ALLEN 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, 206 S.W. 2ND AVENUE 2.35 (RECORDING)
FL DELRA¥ BEACH, FL 33444 $107.77
(206 S.W. 2ND AVE.)
N30' OF E135' OF BLK. 10, JAMES & BERNICE IVY $ 39.42
TOWN OF DELRAY, PB 1, P 3, 221 N. SWINTON AVE. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.35 (RECORDING)
COUNTY, FL $111.77
(N.W. 3RD.' STREET)
ES0' OF W150' OF N135' OF JULIAN FERRETTI $ 62.90
BLK. 11, TOWN OF DELRAY, C/O JAMES BONFIGLIO,ESQ. 70.00 (ADM..C6ST)
PB 1, P 3, PUBLIC RECORDS, 189 BP~DLEY PLACE 2.35 (RECORDING)
PALM BEACH COUNTY, FL PALM BEACH, FL 33480 $135,25
(614 N.W. 2ND ST.)
LOT 17, BLK. 1, ATLANTIC ELKANAH HEPBURN $ 27.68
PARK GARDENS, DELRAY, PB 14, P.O. BOX 8002 70.00 (ADM. COST)
P 56, PUBLIC RECORDS, PALM WEST PALM BEACH,FL 33407 2.35 (RECORDING)
BEACH COUNTY, FL $100.03
(37 N.W. 13TH AVE.)
LOTS 12 TO 14,INCL.,& LT.16, R.P.I. MANAGEMENT CORP. $ 58.90
CARVER SQUARE, PB 24, P 11, C/O JON HALL 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 7825 N.E. BAYSHORE CT. 2.35 (RECORDING)
COUNTY, FL BOX 2501 $131.25
(S~W. 2ND TER. & .S.W.STH AV) MIAMI, FL 33138
LOT 31, BLK. A, TOURIST R.P.I. MANAGEMENT CORP. $ 35.42
NOOK, DELRAY, PB 11, P 47, 7825 N.E. BAYSHORE CT. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 2501 2.35 (RECORDING)
COUNTY, FL. MIAMI, FL 33138 $107.77
(256 N.W. 9TH AVE.)
LOT 10 FAIRCREST HEIGHTS RENE ALONSO & ASSOC. $ 29.75
AMND. PLAT, PB 42, P 68, C/O HUBERT & TOMPKINS 70.00 (ADM.COST)
PUBLIC RECORDS, PALM BEACH 2400 E. COMMERCIAL BLVD. 2.35 (RECORDING)
COUNTY, FL FT. LAUDERDALE, FL 33308 $102.10
(2028 S.W. 35TH AVE.)
- 5 - Res. No. 117-92
S150' OF E50' OF BLK. 18, H. & HAZEL CLEM $ 39.42
(LESS E20' R/W) ,TOWN OF 3 SUMMER STREET 70.00 (ADM. COST)
DELRAY, PB1, P 3, PUBLIC NORWALK, CT 06851-4503 2.35 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL $111.77
(N.W. 2ND ST.)
LOT 12, BLK. 3, ATLANTIC PARK LUCY M. WINTON $ 78.38
GARDENS DELRAY, PB 14, P 56, 502 S.W. 7TH AVE. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH,FL 33444-1539 2.35 (RECORDING)
COUNTY, FL $150.73
(145 S.W. 13TH AVE.)
LOTS 9 & 10, BLK. 6, ATLANTIC C.F. JR. & CYNTHIA M. $ 23.68
GARDENS, DELRAY, PB 14, P 63, RIDLEY 70.00(ADM. COST)
PUBLIC RECORDS, PALM BEACH 137 S.W. 12TH AVE. 2.35 (RECORDING)
COUNTY, FL DELRAY BEACH,FL 33444-1533 $ 96.03
(133 & 137 S.W. 12TH AVE.)
S30' OF LOT 6, BLK. 28, TOWN LEONARD DAVIS $ 35.42
OF DELRAY, PB 1, P 3, PUBLIC C/O GENERAL DELIVERY 70.00(ADM. COST)
RECORDS, PALM BEACH COUNTY, FL V.A. BRANCH P.O. 2.35(RECORDING)
(N.W. 5TH AVE.) LOS ANGELES, CA 90073-9999 $107.77 :
LOT 18, ALLAMANDA GARDENS, BYRON JONES ET AL $191.62 ~
PB 64, P 63, PUBLIC RECORDS, 200 N.E. 17TH AVE. 70.00(ADM. COST)
PALM BEACH COUNTY, FL BOYNTON BEACH,FL 33435 2.35 (RECORDING)
(240 S.W. 8TH AVE.) $263.97
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
- 6 - Res. No. 117-92