Res 14-91 RESOLUTION NO. 14-91
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 13th day of March~ 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 reason~le attorney's
fee.
PASSED AND ADOPTED in regular session on this the 13th day
ATTEST:
~ty Clerk !
- 2 - Res. No. 14-91
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 1 TO 4 INC., & E 1/2 OF THOMAS R. & CAROL $ 85.00
LOT 5, BLK A, PINERIDGE O. PEARCE (H&W) 50.00 (ADM. COST)
HEIGHTS, DELRAY, PB 13, P 80, 1202 N. SWINTON AVENUE 2.60 (RECORDING)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 $137.60
COUNTY, FL.
(1202 N. SWINTON AVE.)
W185.91' OF NW 1/4 LYG S OF JOHN C. DiMAGGIO $200.00
GERMANTOWN ROAD & W195.91' OF %GREENLEAF TREE SERV.INC. 50.00 (ADM. COST)
SW 1/4 OF SE 1/4 OF NW 1/4 2408 N.E. 27TH AVE. 2.60 (RECORDING)
LESS N150', SUB OF SEC. FT.LAUDERDALE,FL. 33305 $252.60
30-46-43, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(3730 GERMANTOWN ROAD)
LOT 1,BLK 5, DELRAY BEACH ROBERT L. & $ 42.00
.HEIGHTS 1ST ADD., PB 25, PHYLLIS A.REED 50.00 (ADM. COST)
P 186, PUBLIC RECORDS, PALM (HUSBAND & WIFE) 2.60 (RECORDING)
BEACH COUNTY, FL. 7320 SUNNY HILLS TERRACE $ 94.60
· (929 SW llTH TERRACE) LANTANA, FL. 33462
N50' OF S 335' OF BLK 14, LEON & GAIL R. JENKINS $ 42.00
TOWN OF DELRAY, PB 1, P 3, (HUSBAND & WIFE) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 3949 DOLPHIN DRIVE 2.60 (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33445 $ 94.60
(120 SW 6TH AVE)
LOT 22 & N10' OF LOT 23, BLK J.L. & MAUREEN H. MAAS $ 51.00
72, TOWN OF DELRAY, PB 10, (HUSBAND & WIFE) 50.00 (ADM. COST)
P 57, PUBLIC RECORDS, PALM 3825 LONE PINE ROAD 2.60 (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 $103.60
(338 SE lST AVE)
LOT 2, PT OF SUB OF BLK 64, ABRAHAM J. & ERMA L. $ 64.00
DELRAY BEACH, PB 20, P 39, WOOTEN (H&W) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 304 S. SWINTON AVENUE 2.60 (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444 $116.60
(304 SOUTH SWINTON AVE)
LOTS 13 & 14 (LESS S 20'), LISA M. WEBB $ 62.00
BLK 60 (OLD SCHOOL SQUARE 1561 S.CONGRESS AVE.#187 16.68 (ADM. COST)
HISTORIC DISTRICT), TOWN OF DELRAY BEACH, FL. 33445 2.60 (RECORDING)
DELRAY, PB 1, P 3, PUBLIC $ 81.28
RECORDS, PALM BEACH COUNTY,FL.
(WEST ATLANTIC AVE)
LOT 15/LESS S20' RD R/W BLK 60 LISA WEBB $ 62.00
(OLD SCHOOL SQUARE HISTORIC C/O GARY J. NAGLE 16.66 (ADM. COST)
DISTRICT), TOWN OF DELRAY, P.O. BOX 31148 2.60 (RECORDING)
PB 1, P 3, PUBLIC RECORDS, 11000 PROSPERITY FARMS $ 81.26
PALM BEACH COUNTY, FL. ROAD/9203
(WEST ATLANTIC AVE) PALM BEACH GARDENS, FL.
33410
~? -3- Res. No. 14-91
LOT 16/LESS S20', BLK 60 (OLD LISA WEBB $ 62.00
SCHOOL SQUARE HISTORIC C/O GARY J. NAGLE 16.66 (ADM. COST)
DISTRICT), TOWN OF DELRAY, P.O. BOX 31148 2.60 (RECORDING)
PB 1, P 3, PUBLIC RECORDS, 11000 PROSPERITY FARMS $ 81.26
PALM BEACH COUNTY, FL. RD/~203
(WEST ATLANTIC AVENUE) P. BCH. GARDENS,FL. 33410
LOT 20, BLK 7, SEACREST PARK, BRADLEY E. & DIANE M. $ 50.00
PB 24, P 33, PUBLIC RECORDS, STEP~NSON (H & W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 229 N.E. 22ND STREET 2.60 (RECORDING)
(229 NE 22 STREET) DELRAY BEACH, FL. 33444 $102.60
S 1/2 OF W 1/2 OF SW 1/4 OF FELICE P. LEDBETTER $ 24.00
LOT 3/LESS E220', SUB OF SEC. 760 N.W. 7TH STREET 50.00 (ADM. COST)
8-46-43, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.60 (RECORDING)
BEACH COUNTY, FL. $ 76.60
(GARDENIA TERR. & NW 8TH AVE)
LOTS 6 & 7, BLK 15, TOWN OF LUCIUS SIMMONS $ 80.00
DELRAY, PB 13, P 18, PUBLIC 1301 KANAB AVENUE NW 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. PALM BAY, FL. 32907 2.60 (RECORDING)
.(SW 2ND STREET) $132.60
LOT 3, BLK 47, TOWN OF DELRAY, ROBT.G. & PATRICIA ALLEN $ 70.00
· PB 12, P 81, PUBLIC RECORDS, (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 206 S.W. 2ND AVENUE 2.60 (RECORDING)
(206 SW 2ND AVENUE) DELRAY BEACH, FL. 33444 $122.60
LOT 1, BLK 9, REPLAT OF DELRAY STEWART DAVIS $ 59.00
BEACH HEIGHTS EXT. SECTIONS A 1640 STONEHAVEN DR. 92 50.00 (ADM. COST)
& B, PB 25, P 186, PUBLIC BOYNTON BEACH, FL. 33436 2.60 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL. $111.60
(SW 12TH AVENUE)
LOT 23, BLK 4, ODMANN'S SUB., LEON I.& GAIL R.JENKINS $143.00
PB 4, P 53, PUBLIC RECORDS, (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 3949 DOLPHIN DRIVE 2.60 (RECORDING)
(SW 14TH AVENUE) DELRAY BEACH, FL. 33445 $195.60
LOT 11, BLK 1, ROSEMONT PARK, TOMMY PRESTON $ 65.00
DELRAY, PB 13, P 60, PUBLIC 140 N.W. llTH AVENUE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.60 (RECORDING)
(SW 5TH AVENUE) $117.60
LOT 9, BLK 10, ATLANTIC A.L.& ANNIE M. HOLLIDAY $ 42.00
GARDENS, DELRAY, PB 14, P 63, (H&W) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 426 S.W. 15TH TERRACE 2.60 (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444 $ 94.60
(SW llTH AVENUE)
LOT 21, BLK B, TOURIST NOOK, RUSSELL E. BROWN $ 89.00
DELRAY, PB 11, P 47, PUBLIC C/O JUNE DIMON 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 9710 WILLOW ROAD 2.60 (RECORDING)
(NW 8TH AVENUE) WILLIS, MI. 48191 $141.60
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Res. ~k~. 14-91
LOT 1, CLINTON & MORGAN SUB., RUBIN CLINTON III $ 46.00
PB 59, P 138, PUBLIC RECORDS, FRANCINE S. CLINTON 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. 1517 SW 3RD COURT 2.60 (RECORDING)
(NW 5TH AVENUE) DELRAY BEACH, FL. 33444 $ 73.60
LOT 2, CLINTON & MORGAN SUB., RUBIN CLINTON III $ 46.00
PB 59, P 138, PUBLIC RECORDS, FRANCINE S. CLINTON 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. 1517 SW 3RD COURT 2.60 (RECORDING)
(NW 5TH AVENUE) DELRAY BEACH, FL. 33444 $ 73.60
LOT 5, BLK 4, ATLANTIC PARK ROGER M. COFFEY $ 65.00
GARDENS, DELRAY, PB 14, P 56, 1502 N.W. 85TH STREET 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33147 2.60 (RECORDING)
COUNTY, FL. $117.60
(SW 13TH AVENUE)
LOT 12, BLK 63, TOWN OF DELRAY, TOMMY PRESTON $ 54.00
PB 6, P 3, PUBLIC RECORDS, P.O. BOX 2385 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 2.60 (RECORDING)
(237 SW 1ST AVENUE) $106.60
.LOT 3, BLK 1, ROSEMONT PARK, MCKINLEY JOHNSON $ 21.00
DELRAY, PB 13, P 60, PUBLIC 719 S.W. 6TH STREET 50.00 (ADM. COST)
.RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.60 (RECORDING)
· (609 SW 5TH AVENUE) $ 73.60
LOTS 22 & 23, BLK 95, LINN'S DOUGLAS J. CLARK $ 27.00
ADD TO OSCEOLA PARK, PB 1, F.& ELISABETH HOFFMAN 50.00 (ADM. COST)
P 133, PUBLIC RECORDS, PALM (HUSBAND & WIFE) 2.60 (RECORDING)
BEACH COUNTY, FL. 4307 N.W. 5TH AVENUE $ 79.60
(238 SE 4TH AVENUE) BOCA RATON, FL. 33431
LOT 1, BLK 14, OSCEOLA PARK, RONALD D & SUZANNE W. $111.00
PB 3, P 2, PUBLIC RECORDS, POLACEK (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 27 EMERSON HILL DRIVE 2.60 (RECORDING)
(802 SE 2ND AVENUE) MARKHAM,ONT.CANADA L3P 7E5 $163.60
LOT 36, DELRAY MANOR ADD. TO LEON & APRIL L. HUMPHREY $ 47.00
DELRAY, PB 12, P 59, PUBLIC (HUSBAND & WIFE) 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 602 S.W. 9TH COURT 2.60 (RECORDING)
(602 SW 9TH COURT) DELRAY BEACH, FL. 33444 $ 99.60
LOT 14, BLK 104, OSCEOLA PARK, EMILE & CHARLANTE $ 18.00
PB 3, P 2, PUBLIC RECORDS, FLEURANTIN (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 343 S~.E. 4TH AVENUE 2.60 (RECORDING)
(343 SE 4TH AVENUE) DELRAY BEACH, FL. 33444 $ 70.60
LOT 12, BLK 96, LINN'S ADD. TO THOMAS S. MC DERMOTT $ 48.00
OSCEOLA PARK, DELRAY, PB 1, 347 S.E. 3RD AVENUE 50.00 (ADM. COST)
P 133, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33483 2.60 (RECORDING)
BEACH COUNTY, FL. $100.60
(347 SE 3RD AVENUE)
-5- Res. No. 14-91
LOT 15, BLK 7, OSCEOLA PARK, JAMES L.& MAUREEN H.MAAS $ 44.00
PB 3, P 2, PUBLIC RECORDS, (HUSBAND & WIFE) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 3825 LONE PINE ROAD 2.60 (RECORDING)
(613 SE 3RD AVE) DELRAY BEACH, FL. 33445 $ 96.60
LOT 204/LESS SE.50', TROPIC GERALD C. JR.& $ 29.00
PALMS PLAT 1, PB 25, P 99, ANNE E.SCOTT (H&W) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 535 JAEGER DRIVE 2.60 (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444 $ 81.60
(535 JAEGER DRIVE)
N70' OF E135' OF BLK 71, TOWN WILBERT H.& GLORIA $ 42.00
OF DELRAY, PB 1, P 3, PUBLIC D. JONES (H&W) 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. CLAYTON N. JONES 2.60 (RECORDING)
(20 & 22 SE 2ND STREET) 20 S.E.2ND STREET $ 94.60
DELRAY BEACH, FL. 33444
S19'1 1/2" OF LOT 4 & N38'3" JEROME B. VANHILLE $ 59.00
OF LOT 5, BLK 75, TOWN OF GABE A. BANFI 50.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC 807 N.E. 8TH STREET 2.60 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33483 $111.60
. (123 NE 1ST AVENUE)
~LOT 290, TROPIC PALMS PLAT 1, RAYMOND & DIANE $ 79.00
-PB 25, P 99, PUBLIC RECORDS, MANGICAPRA (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 5300 W. ATLANTIC AVENUE 2.60 (RECORDING)
(720 HERON DRIVE) DELRAY BEACH, FL. 33484 $131.60
THE PT OF E'LY77.41' OF N100' COMMUNITY LAND CORP.ET AL $134.00
OF S125' OF W 1/2 OF LOT 5 LYG P.O. BOX 50001 50.00 (ADM. COST)
E'LY OF 1-95 R/W, SUB OF SEC. LIGHTHOUSE PT, FL. 33074 2.60 (RECORDING)
17-46-43, PUBLIC RECORDS, PALM $186.60
BEACH COUNTY, FL.
(SW 15TH AVENUE)
LOT 27, BLK 1, ATLANTIC PARK BENNIE THOMAS $ 65.00
GARDENS, DELRAY, PB 14, P 56, 1720 1ST STREET NORTH 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH WINTER HAVEN, FL. 33881 2.60 (RECORDING)
COUNTY, FL. $117.60
(NW 12TH AVENUE)
LOTS 55 TO 58 INC., BLK 32, IRA LAN~G & HAROLD $ 69.00
DEL RATON PARK, PB 14, P 9, SCHLANGER 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH C/O G. KEHRES 2.60 (RECORDING)
COUNTY, FL. P.O. BOX 1298 $121.60
(AVENUE L) BOCA RATON, FL. 33429
LOTS 1 & 2, PARADISE HEIGHTS, CHARLENE G. PATRICK $ 69.00
PB 24, P 113, PUBLIC RECORDS, P.O. BOX 97841 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. RALEIGH, NC. 27624 2.60 (RECORDING)
(NW 6TH AVENUE) $121.60
-6- Res. No. 14-91
LOTS 11 & 12, MELVIN S. BURD LILLIAN O. ROLLE $ 84.00
SUB., PB 11, P 73, PUBLIC 137 N.W. 6TH AVENUE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.60 (RECORDING)
(NW 6TH AVENUE) $136.60
LOT 4, BLK 4, OSCEOLA PARK, JAMES P. MC CULLOUGH $ 90.00
PB 3, P 2, PUBLIC RECORDS, 1231 WEST BROWARD STREET 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. LANTANA, FL. 33462 2.60 (RECORDING)
(314 SE 4TH STREET) $142.60
VIOLATION IS: 100.1 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
-7- Res. No. 14-91