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Res 127-92 ~ESOLUTION NO. 127-92 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, 100.2! 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 24th day of November 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 24th day of November , 1992. ~,~,~~ ATTEST: City C~erk- - ! - 2 - Res. No. 127-92 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ~ E50' OF W583'OF S140' JACQUEL DAWSON $ 51.16 OF N165' OF N 1/2 OF C/O ANNAS RETREAT 70.00 (ADM. COST) NW 1/4 OF SW 1/4 OF NW ESTATE TUTU #E-7 2.52 (RECORDING) 1/4, SUB OF SEC. ST. THOMAS, VI 00801 $123.68 17-46-43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1404 NW 2ND STREET) W200' OF E238.54' OF N SEA RAY DEV. CORP. $219.26 1/2 OF LOT 28/LESS NE 4623 W. TRADEWINDS AVENUE 15.00 (ADM. COST) 8TH ST. R/W, SUB OF SEC FT.LAUDERDALE, FL 33308 2.52 (RECORDING) 9-46-43, PUBLIC RECORDS, $236.78 PALM BEACH COUNTY, FL (NE 8TH STREET) LOT 11, BLK 38, RESUB OF BEULAH HUNTER $ 65.90 S 1/2 OF BLK 38 & N 1/2 248 N.W. 14TH AVENUE 70.00 (ADM. COST) OF BLK 39, DELRAY BEACH, DELRAY BEACH, FL 33444 2.52 (RECORDING) PB 11, P 34, PUBLIC $138.42 RECORDS, PALM BEACH COUNTY, FL (SW 4TH AVENUE) LOT 3, BLK 47, TOWN OF ROBERT G. & PATRICIA ALLEN $ 98.38 DELRAY, PB 12, P 81, 206 S.W. 2ND AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.52 (RECORDING) BEACH COUNTY, FL $170.90 (206 SW 2ND'AVENUE) LOT 12, BLK 96, LINN'S THOMAS S. MC DERMOT $ 39.42 ADD TO OSCEOLA PK, 347 S.E. 3RD AVENUE 70.00 (ADM. COST) DELRAY, PB 1, P 133, DELRAY BEACH, FL 33483 2.52 (RECORDING) PUBLIC RECORDS, PALM $111.94 BEACH COUNTY, FL (347 SE 3RD AVENUE) N69.5' OF LOT 9, BLK 78, DOROTHY MAGER $ 39.42 TOWN OF DELRAY, PB 1, P C/O GARTH MAGER 70.00 (ADM. COST) 3, PUBLIC RECORDS, PALM 1704 HIGH RIDGE RD 2.52 (RECORDING) BEACH COUNTY, FL LAKE WORTH, FL 33461 $111.94 (102 SE 2ND AVENUE) 3 Res. No. 127-92 E25' OF LOT 9 & W40' OF JULIEN & EMILIENNE JEUNE $ 62.90 LOT 10, PLUMOSA PARK SEC P.O. BOX 813 70.00 (ADH. COST) A, PB 23, P 68, PUBLIC DELRAY BEACH, FL 33447 2.52 (RECORDING) RECORDS, PALM BEACH $135.42 COUNTY, FL (256 NE 14TH STREET) LOT 21 (LESS 1-95 R/W) CHARLES & ELIZABETH FREITAS $ 39.42 & LOT 22, BLK 1, P.O. BOX 24351 70.00 (ADH. COST) ODMANN'S SUB., PB 4, FT.LAUDERDALE, FL 33307 2.52 (RECORDING) P 53, PUBLIC RECORDS, $111.94 PALM BEACH COUNTY, FL (19 NW 14TH AVENUE) LOT 5, BLK 11, DELRAY BENJAMIN G. & JENNIE M. $ 15.94 SHORES, PB 24, P 233, BURROWS 70.00 (ADH. COST) PUBLIC RECORDS, PALM 844 ORBIT LANE 2.52 (RECORDING) BEACH COUNTY, FL UNIONDALE, NY 11553 $ 88.46 (ANGLER DRIVE) S50' OF N250' OF E135' R.P.I. MANAGEMENT $ 58.90 OF BLK 13, TOWN OF P.O. BOX 2501 70.00 (ADH. COST) DELI{AY, PB 1, P 3, 7825 N. BAYSHORE COURT 2.52 (RECORDING) PUBLIC RECORDS, PALM MIAMI, FL 33138 $131.42 BEACH COUNTY, FL (20 SW 6TH AVENUE) CORNICHE, ALL OF PLAT, CRAFT DEV. II, INC. $ 34.57 PUBLIC RECORDS, PALM 5910 NoWo 2ND AVENUE 70.00 (ADM. COST) BEACH COUNTY, FL BOCA BATON, FL 33487 .. 2.52 (RECORDING) (SE 6TH AVENUE) $107.09 LOT 21, BLK B, TOURIST RUSSELL E. BROWN $ 83.70 NOOK, PB 11, P 47, C/O JUNE DIMON 70.00 (ADH. COST) PUBLIC RECORDS, PALM 9720 WILLOW ROAD 2.52 (RECORDING) BEACH COUNTY, FL WILLIS, MI 48191-9727 $156.22 (NW 8TH AVENUE) LOTS 1 & 2/LESS N15' RD VALENTINE & FRANCES GABALDON $ 94.12 R/W, BLK B, RIDGEWOOD C/O DEPT. OF HOUSING & URBAN 70.00 (ADH. COST) HEIGHTS, PB 14, P 44, DEV 2.52 (RECORDING) PUBLIC RECORDS, PALM 328 4TH STREET 8166.64 BEACH COUNTY, FL W. PALM BEACH, PL 33401-4206 (702 SW 10TH STREET) LOT 3, BLK 7, OSCEOLA JOSEPH A. JEAN $ 23.48 PK, PB 3, P 2, PUBLIC 608 S.E. 4TH AVENUE 70.00 (ADH. COST) RECORDS, PALM BEACH DELRAY BEACH, FL 33483 2.52 (RECORDING) COUNTY, FL $ 96.00 (608 SE 4TH AVENUE) -4- Res. No127- 92 W40' OF LOT 14, BLK 7, RESOLUTION TRUST CORP. $ 11.94 PINE TRAIL SEC 3, FINAL ATTN: JAMES ESTES, ESQ. 70.00 (ADM. COST) PLAT, PB 33, P 126, P.O. BOX 20587 2.52 (RECORDING) PUBLIC RECORDS, PALM TAMPA, FL 33622-0587 $ 84.46 BEACH COUNTY, FL (5126 NW 6TH COURT) S201.87' OF NE 1/4 OF RICHARD CRITCHFIELD TR. $ 81.64 LOT 8 (LESS E25'RD R/W), 1745 N. CONGRESS AVE 70.00 (ADM. COST) SUB OF SEC 20-46-43, BOYNTON BEACH, FL 33426 2.52 (RECORDING) PB 28, P 68, PUBLIC $154.16 RECORDS, PALM BEACH COUNTY, FL (SW 4TH AVENUE) E46.67' OF W448.33'OF FRANCINE CLINTON $ 73.70 N130' OF N i/2 OF LOT I/ 1501 N.W. 1ST STREET 70.00 (ADM. COST) LESS N25' ST R/W, SUB BOYNTON BEACH, FL 33435 2.52 (RECORDING) OF SEC 20-46-43, PB 28, $146.22 P 68, PUBLIC RECORDS, PALM BEACH COUNTY, FL (628 SW 4TH STREET) LOT 4 (LESS W550' & N WILLIAM A & ELIZABETH B. $ 7.94 80.4'), CREGO SUB. AMEND PERRY 70.00 (ADM. COST) PL 3, PUBLIC RECORDS, 38 HIGH AVENUE 2.52 (RECORDING) PALM BEACH COUNTY, FL NYACK, NY 10960-2102 $ 80.46 (316 NORTH OCEAN BLVD) LOT 27, BLK 1, ATLANTIC BENNIE THOMAS $ 51.76 PARK GARDENS, DELRAY, 1720 1ST ST. N 70.00 (ADM. COST) PB 14, P 56, PUBLIC WINTER HAVEN, FL 33881-2124 2.52 (RECORDING) RECORDS, PALM BEACH 8124.28 COUNTY, FL (NW 12TH AVENUE) LOT 50, POINCIANA HGTS TILLIE NELSON $ 39.42 OF DELRAY BEACH, PB 26, 219 N.W. 10TH AVENUE 70.00 (ADM. COST) P 245, PUBLIC RECORDS, DELRA¥ BEACH, FL 33444-1635 2.52 (RECORDING) PALM BEACH COUNTY, FL $111.94 (1001 NW 3RD TERRACE) S12' OF LOT 7 & LOT 8, GEZA M. GYORKY $ 39.42 MELVIN S. BURD SUB., P.O. BOX 2554 70.00 (ADM. COST) PUBLIC RECORDS, PALM W. PALM BEACH, FL 33402-2554 2.52 (RECORDING) BEACH COUNTY, FL 8111.94 (NW 5TH AVENUE) -5- Res. No. 127-92 S37.5' OF N75' OF RUBY L. HARRIS $ 47.76 W130.44' OF E155.44' OF C/O P.C. WELLS 70.00 (ADM. COST) E 1/2 OF S 1/2 OF BLK 4, 6416 ROBERTS DRIVE 2.52 (RECORDING) TOWN OF DELRAY, PB 1, TEMPLE HILLS, MD 20748-4966 $120.28 P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 7TH AVENUE) LOT 29, BLK 1, ROBERT ASSANTES & FRED $180.30 SOUTHRIDGE, PB 13, P 38, WENISCH 70.00 (ADM. COST) PUBLIC RECORDS, PALM 560405 ARBOR CLUB WAY 2.52 (RECORDING) BEACH COUNTY, FL BOCA RATON, FL 33433 ~252.82 (STERLING AVENUE) LOT 12, BLK 1, DELRAY MICHAEL B.SR.& LYDIA EDWARDS $ 39.42 BEACH HIGHLANDS SEC 1, 2119 SW 12TH COURT 70.00 (ADM. COST) PB 26, P 209, PUBLIC DELRAY BEACH, FL 33445 2.52 (RECORDING) RECORDS, PALM BEACH $111.94 COUNTY, FL (2119 SW 12TH COURT) LOT 8, BLK 2, DELRAY EDITH CARRINGTON $ 39.42 SHORES, PB 24, P 233, 20 DAVIS ROAD 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 2.52 (RECORDING) BEACH COUNTY, FL ~111.94 (562 SE DAVIS ROAD) LOT 28, LINCOLN PARK, VIRGIE MAE SCOTT $ 93.92 DELRAY, PB 23, P 160, O.L. CARTER & E. TERRY 70.00 (ADM. COST) PUBLIC RECORDS, PALM 115 S.W. 9TH AVENUE 2.52 (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444-2551 $166.44 (115 SW 9TH AVENUE) N58' OF S312.12' OF IVERSON LASTER $ 39.42 E135' OF BLK 10, TOWN OF P.O. BOX 1225 70.00 (ADM.COST) DELRAY, PB 1, P 3, BOYNTON BEACH, FL 33426 2.52 (RECORDING) PUBLIC RECORDS, PALM 8111.94 BEACH COUNTY, FL (NW 6TH AVENUE) S50' OF LOT 11 & LOT 12, EVERGREEN REALTY ASSOC.INC. $ 98.70 BLK 60, (OLD SCHOOL C/O JOSEPH ADINOLFI 70.00 (ADM. COST) SQUARE HISTORIC 433 S. MAIN STREET 2.52 (RECORDING) DISTRICT), TOWN OF WEST HARTFORD, CT 06110-1692 $171.22 DELRAY, PB l, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (24 N. SWINTON AVENUE) -6- Res. No. 127-92 SLY34.75' OF LOT 13 & JESSIE A. SMITH ESTATE 5179.36 LOTS 14 TO 16 INC., BLK C/O JOY LYONS PERSONAL REP. 70.00 (ADM. COST) 75, TOWN OF DELRAY,PB 1, P.O. BOX 1146 2.52 (RECORDING) P 3, PUBLIC RECORDS,PALM POMPANO BEACH, FL 33061 5251.88 BEACH COUNTY, FL (118 NE 2ND AVE) LOT 18, BLK 64, PT. OF LUC A. CHRISPIN $247.26 SUB. OF BLK 64, DELRAY MARIE JOSEPH 70.00 (ADM. COST) BEACH, PB 20, P 39, 313 S.W. 1ST AVENUE 2.52 (RECORDING) PUBLIC RECORDS, PALM DELl{AY BEACH, FL 33444 5319.78 BEACH COUNTY, FL (313 SW 1ST AVENUE) LOTS 1 & 2, BLK 4, ROBERTA KINNEL 5 35.22 OSCEOLA PARK, PB 3, P 2, CARRIE L. JOHNSON 70.00 (ADM. COST) PUBLIC RECORDS, PALM 32 SW 5TH AVENUE 2.52 (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 5107.74 (302 SE 4TH STREET) LOT 9, MODEL LAND CO'S VIRGIL C. NORRIS 5 19.68 SUB., REPL OF PT OF LOTS 104 S.W. llTH AVENUE 70.00 (ADM. COST) 2 & 3, BLK 1, SEC DELRAy BEACH, FL 33444-1528 2.52 (RECORDING) 21-46-43, PUBLIC RECORDS 5 92.20 PALM BEACH COUNTY, FL (715 S. SWINTON AVENUE) S25.3' OF LOT 4 & N24.7' EVERGREEN REALTY ASSOC. INC. $ 27.68 OF LOT 5, BLK 60 (OLD C/O JOSEPH ADINOLFI JR. 70.00 (ADM. COST) SCHOOL SQUARE HISTORIC 433 S. MAIN STREET 2.52 (RECORDING) DISTRICT), TOWN OF WEST HARTFORD, CT 06110-1692 5100.20 DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 1ST AVENUE) S50' OF LOT 5, BLK 60 EVERGREEN REALTY ASSOC. INC. 5 39.42 (OLD SCHOOL SQUARE C/O JOSEPH ADINOLFI JR. 70.00 (ADM. COST) HISTORIC DISTRICT), TOWN 433 S. MAIN STREET __2.52 (RECORDING) OF DELRA~, PB I, P 3, WEST HARTFORD, CT 06II0-i692 5111.94 PUBLIC RECORDS, PALM BEACH COUNTY, FL (27 NW lST AVENUE) LOT 6, BLK 60 (OLD EVERGREEN REALTY ASSOC. INC. $ 27.68 SCHOOL SQUARE HISTORIC C/O JOSEPH ADINOLFI JR. 70.00 (ADM. COST) DISTRICT), TOWN OF 433 S. MAIN STREET 2.52 (RECORDING) DELRAY, PB 1, P 3, WEST HARTFORD, CT 01610-1692 $100.20 PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 1ST AVENUE) -7- Res. No. 127-92 S50' OF LOT 11 & LOT 12, EVERGREEN REALTY ASSOC. INC. $ 39.42 BLK 60, (OLD SCHOOL C/O JOSEPH ADINOLFI JR. 70.00 (ADM. COST) SQUARE HISTORIC 433 S. MAIN STREET 2.22 (RECORDING) DISTRICT), TOWN OF WEST HARTFORD, CT 01610-1692 $111.94 DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (24 N. SWINTON AVENUE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -8- Res. No. 127-92