Res 13-91 RESOLUTION NO. 13-91
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 12th day of February, 1991, 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 12th day
of February , 1991. ~~
ATTEST:
- 2 - Res. No. 13-91
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 13, BLK 1,SOUTHRIDGE, MACCIE FERGAN $1,500.00
PB 13,P 38 PUBLIC RECORDS, THE BLUFFS 50.00 (ADM.COST)
PALM BEACH COUNTY, FL. 174 HARBOURSIDE CIRCLE 2.28 (RECORDING)
(REIGLE AVENUE) JUPITER, FL 33477 $1,552.28
LOT 3, BLK 5 SOUTHRIDGE, ANDRENOR VIL & $ 75.00
PB 13, P 38, PUBLIC RECORDS, DIEU-SEUL VIL 50.00 (ADM. COST)
PALM BEACH COUNTY, FL 401 SOUTHRIDGE ROAD 2.28 (RECORDING)
(401 SOUTHRIDGE ROAD) DELRAY BEACH, FL. 33444 $ 127.28
LOTS 7 TO 9 INC., LINCOLN RUBIN & FRANCINE CLINTON $ 65.00
ATLANTIC PARK GARDENS, 1501 NW 1ST STREET 50.00 (ADM. COST)
PB 23, P 226, PUBLIC RECORDS, BOYNTON BEACH, FL 33435 2.28 (RECORDING)
PALM BEACH COUNTY, FL $ 117.28
(125 TO 135 SW 14TH AVE)
S5' OF LOT 1 AND N71.5' OF SYLVIA SCHUPLER TRUST $ 55.00
LOT 2, BLK. 30, TOWN OF 3101 WASHINGTON RD. 50.00 (ADM COST)
DELRAY, PB 1, P 3, PUBLIC W.PALM BEACH, FL 33405 2.28 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL $ 107.28
(SW 5TH AVE.)
LOT 12, BLK 1, ODMANN'S SUB., MARIH HAYES EST. $ 130.00
PB 4, P 53, PUBLIC RECORDS, C/O WILLIE GOODMAN, JR. 50.00 (ADM COST)
PALM BEACH COUNTY, FL 123 GARFIELD AVENUE 2.28 (RECORDING)
(20 NW 13TH AVENUE) TRENTON, N.J. 08609 $ 182.28
LOT 19, BLK 1, ODMANN'S SUB, O.W. & MILDRED BURROUGHS $ 50.00
PB 4, P 53, PUBLIC RECORDS, (HUSBAND AND WIFE) 50.00 (ADM COST)
PALM BEACH COUNTY, FL 243 BILBAD STREET 2.28 (RECORDING)
(NW 13TH AVENUE) ROYAL PALM BCH, FL. 33411 $ 102.28
LOTS 19 TO 20 INC., BLK 5, SUB RAYMOND & DIANCE MANICAPRA $ 90.00
OF BLK 5, DELRAY BEACH PB 23, (HUSBAND AND WIFE) 50.00 (ADM COST)
P 72, PUBLIC RECORDS, PALM 13233 MILITARY TRAIL 2.28 (RECORDING
BEACH COUNTY, FL DELRAY BEACH, FL 33445 $ 142.28
(43 & 47 SW 8TH AVENUE)
LOT 6, BLK 9, ATLANTIC GARDENS, P. & GENEVA ROBINSON $ 440.00
PB 14, PA 63, PUBLIC RECORDS, E.JR. & DELORIS JOHNSON 50.00 (ADM COST)
PALM BEACH COUNTY, FL 322 NW 3RD STREET 2.28 (RECORDING)
(SW llTH AVENUE) BOYNTON BEACH, FL. 33435 $ 492.28
N125' OF S140 OF W92' OF WALTER J. SEYMOUR
E132' OF NW 1/4 OF SW 1/4 OF 10159 41ST TERRACE #217 $ 25.00
SW 1/4, SUB OF SEC 4-6-43, BOYNTON BEACH, FL 33436 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH 2.28 (RECORDING)
COUNTY , FL $ 77.28
(NE 2ND AVENUE)
LOT 21, BLK 3, CARVER PARK, MARY V. BROWN
PB 27, P 55, PUBLIC RECORDS, CEDONIA BROWN $ 35.00
PALM BEACH COUNTY, FL 502 SW 14TH AVENUE 50.00 (ADM COST)
(502 SW 14TH AVENUE) DELRAY BEACH, FL 33444 2.28 (RECORDING)
$ 87.28
LOT 8 & 9, BLK 6, (DEL-IDA J.C. & MARY T. AHERN
PARK HISTORIC DISTRICT), DEL (HUSBAND & WIFE) $ 50.00
IDA PARK, PB 9, P 52, PUBLIC P.O. BOX 2325 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL. 33447 2.28 (RECORDING)
(101 NE 4TH STREET) $ 102.28
N 1/2 OF E 1/2 OF LOT 16, FELIX J. DELANCY
BLK 30, TOWN OF DELRAY, PB 1, 470 DEKALB AVENUE $ 40.00
P 3, PUBLIC RECORDS, PALM BROOKLYN, N.Y. 11205 50.00 (ADM COST)
BEACH COUNTY, FL 2.28 (RECORDING)
(SW 4TH AVENUE) $ 92.28
-3- RES. NO. 13-91
LOTS 10 TO 16 INC., BLK 15, WILLIE WRIGHT $ 90.00
TOWN OF DELRAY, PB 13, PA 18, 102 NW 12TH AVE 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.28 (RECORDING)
COUNTY, FL $ 142.28
(217-219 SW 7TH AVENUE)
LOT 16, BLK A, TOURIST NOOK, VINCENT VILLAFANE $ 35.00
DELRAY, PB 24, P 235, PUBLIC MILAGROS VILLAFANE 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 423 WILDER STREET 2.28 (RECORDING)
(NW 10TH AVE & NW 2ND ST) W. PALM BEACH, FL 33405 $ 87.28
LOT 2, BLK A, CARVER MEMORIAL JULIA SIMMS $ 60.00
PARK SUB., PB 20, P 56, PUBLIC 204 NW 13TH AVENUE 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 2.28 (RECORDING)
(204 NW 13TH AVENUE) $ 112.28
S50'0F Ell0' OF W 135' OF ETHEL SCOTT ESTATE $ 55.00
Sl/2 OF N1/2 OF LOT 6, SUB. P.O. BOX 245 50.00 (ADM COST)
OF SEC. 17-46-43, PUBLIC RUSHVILLE, NY 14544 2.28 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL $ 107.28
(1119 NW 1ST STREET)
E45' OF LOT 80 & W15' OF LOT THOMAS & MARIA INGUANZO $ 55.00
81, DELRAY MANOR ADD. TO (HUSBAND & WIFE) 50.00 (ADM COST)
DELRAY, PUBLIC RECORDS, PALM 616 SW 9TH STREET 2.28 (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL 33444 $ 107.28
(616 SW 9TH STREET)
LOT 19, SUNDY & TENBROOK ADD. J.E. & KAY B. WOMACK $ 50.00
TO DELRAY, PB 12, PA 32, (HUSBAND & WIFE) 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 2493 2.28 (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33447 $ 102.28
(SW 4TH AVENUE)
LOT 14, BLK B, CARVER MEMORIAL RUFUS NORMAN ESTATE $ 50.00
PARK SUB., PB 20, P 56, PUBLIC 1631 NW 10TH AVE. 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL FT. LAUDERDALE, FL 33147 2.28 (RECORDING)
(NW 15TH AVE) $ 102.28
S40' OF N256' OF E 135' OF DELORES RIGGINS $ 55.00
BLK 31, TOWN OF DELRAY, PB 1, 220 SW 4TH AVENUE 50.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.28 (RECORDING)
BEACH COUNTY, FL. $ 107.28
(SW 4TH AVENUE)
LOT 18, BLK 23, TONW OF MATILDA JOHNSON $ 60.00
DELRAY, PB 10, P 69, PUBLIC 225 SW 6TH AVENUE 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 2.28 (RECORDING)
(SW 6TH AVENUE) $ 112.28
LOT 23, BLK 23, TOWN OF GRACE BARNETT $ 60.00
DELRAY, PB 10, P 69, PUBLIC 1401 39TH STREET 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL W. PALM BEACH, FL 33407 2.28 (RECORDING)
(SW 3RD STREET) $ 112.28
S25.3' OF LOT 4 & N24.7' OF EVERGREENE REALTY $ 42.50
LOT 5, BLK 60 (OLD SCHOOL ASSOC., INC. 12.50 (ADM COST)
SQUARE HISTORIC DISTRICT), C/O JOSEPH ADINOLFI, JR. 2.28 (RECORDING)
TOWN OF DELRAY, PB 1, P 3, 1 FINANCIAL PLAZA $ 57.28
PUBLIC RECORDS, PALM BEACH HARTFORD, CT 06103
COUNTY, FL
(N SWINTON AVE. & NW 1ST AVE)
S50' OF LOT 5, BLK 60 (OLD EVERGREENE REALTY $ 42.50
SCHOOL SQUARE HISTORIC ASSOC, INC. 50.00 (ADM COST)
DISTRICT), TOWN OF DELRAY, C/O JOSEPH ADINOLFI, JR. 2.28 (RECORDING)
PB 1, PA 3, PUBLIC RECORDS, 1 FINANCIAL PLAZA $ 94.78
PALM BEACH COUNTY, FL HARTFORD, CT. 06103
(N. SWINTON AVE & NW 1ST AVE)
-4- RES. NO. 13-91
LOT 6, BLK 60 (OLD SCHOOL EVERGREENE REALTY ASSOC. $ 42.50
SQUARE HISTORIC DISTRICT), INC. 12.50 (ADM COST)
TOWN OF DELRAY, PB 1, P 3, C/O JOSEPH ADINOLFI JR. 2.28 (RECORDING)
PUBLIC RECORDS, PALM BEACH 1 FINANCIAL PLAZA $ 57.28
COUNTY, FL HARTFORD, CT 06103
(N. SWINTON AVE & NW 1ST AVE)
S50' OF LOT 11 & LOT 12, EVERGREENE REALTY ASSOC. $ 42.50
BLK 60, (OLD SCHOOL SQUARE INC. 12.50 (ADM COST)
HISTORIC DISTRICT), TOWN OF C/O JOSEPH ADINOLFI JR. 2.28 (RECORDING)
DELRAY, PB 1, P 3, PUBLIC 1 FINANCIAL PLAZA $ 57.28
RECORDS, PALM BEACH COUNTY,FL HARTFORD, CT 06103
(N. SWINTON AVE & NW 1ST AVE)
S150' OF E 50' OF BLK 18, H. & HAZEL CLEM $ 60.00
TOWN OF DELRAY, PB 1, P 3, (HUSBAND & WIFE) 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH 3 SUMMER STREET 2.28 (RECORDING)
COUNTY, FL NORWALK, CT 06851 $ 112.28
(NW 2ND ST & NW 5TH AVE)
El2' OF LOT 4 & LOT 5, BLK 4, DORIAS L. NOBLE $ 60.00
BELLEVIEW MANOR, PB 24, P 54, 208 SW 8TH COURT 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.28 (RECORDING)
COUNTY FL. $ 112.28
(202 SW 8TH COURT)
S75' OF W135.6' OF BLK 39, LUCIUS SIMMONS $ 55.00
TOWN OF DELRAY, PB 11, P 34, 1301 KANAB AVE NW 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH PALM BAY, FL 32907 2.28 (RECORDING)
COUNTY, FL $ 107.28
(315 SW 3RD STREET)
S 50' OF N300' OF E135' OF O.C. STRAGHAN $ 60.00
N1/2 OF BLK 31, TOWN OF C/O R. STRAGHAN 50.00 (ADM COST)
DELRAY, PB 1, P 3, PUBLIC 8841 NW 14TH AVE. 2.28 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL MIAMI, FL 33147 $ 112.28
(222 SW 4TH AVENUE)
N69.5' OF LOT 9, BLK 78, TOWN DOROTHY MAGER $ 60.00
OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL LAKE WORTH, FL 33460 2.28 (RECORDING)
(SE lST STREET & SE 2ND AVE) $ 112.28
LOT 4, BLK A, WEST SIDE STRAGHN ENTERPRISES OF $ 65.00
HEIGHTS, DELRAY, PB 13, P 61, DELRAY BEACH, INC. 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH 26 SW 5TH AVENUE 2.28 (RECORDING)
COUNTY, FL. DELRAY BEACH, FL 33444 $ 117.28
(NW 10TH AVENUE)
N30' OF E135' OF BLK 10, TOWN JAMES & BERNICE IVY $ 45.00
OF DELRAY, PB 1, P 3, PUBLIC (HUSBAND & WIFE) 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 5103 28TH STREET 2.28 (RECORDING)
(NW 3RD STREET & NW 6TH AVE) PATTERSON, NJ 07514 $ 97.28
E100' OF N50' OF BLK 18, TOWN JULIA SCADLOCK $ 45.00
OF DELRAY, PB 1, P 3, PUBLIC C/O LAWRENCE SCADLOCK 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 2621 BOWEN ROAD SE/#104 2.28 (RECORDING)
(NW 5TH AVE & NW 3RD STRET) WASHINGTON, DC 20020 $ 97.28
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE
-5- RES. NO. 13-91