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Res 15-91 RESOLUTION NO. 15-91 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 reasonable attorney's fee. PASSED AND ADOPTED in regular session on th~' the 13th day of March , 1991.~~~~ ATTEST: - -- Ci~ Cl~rk~ - 2 - Res. No.15-91 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 21, BLK 5, SUB OF BLK 5, MAE P. JACKSON $ 35.00 DELRAY BEACH, PB 23, P 72, 12 SW 7TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 2.25 (RECORDING) COUNTY, FL. $ 87.25 (12 SW 7TH AVENUE) LOT 15, BLK 95, LINN'S ADD. GABE & CYNTHIA BANFI(H&W) $100.00 TO OSCEOLA PARK, DELRAY, PB 3, C/O BANFI REALTY 50.00 (ADM. COST) P 2, PUBLIC RECORDS, PALM 807 NE 8TH STREET 2.25 (RECORDING) BEACH COUNTY, FL. DELRAY BEACH, FL. 33483 $ 152.25 (210 SE 4TH AVENUE) LOT 32, JEFFERSON MANOR, L.C. BRYANT ESTATE $ 72.00 PB 24, P 150, PUBLIC RECORDS, 3336 VILLANDRY AVENUE 50.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 2.25 (RECORDING) (1331 PROSPECT STREET) $ 124.25 LOT 14/LESS E215', ESQUIRE UNITED STATES OF AMERICA $550.00 SUB., PB 23, P 43, PUBLIC C/O US DEPT OF JUSTICE 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. MIAMI, FL. 33128 2.25 (RECORDING) (1029-1031 GERMANTOWN ROAD) $ ~02.25 LOT 15/LESS E215', ESQUIRE UNITED STATES OF AMERICA $475.00 SUB., PB 23, P 43, PUBLIC C/O US DEPT OF JUSTICE 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. MIAMI, FL. 33128 2.25 (RECORDING) (1039 GERMANTOWN ROAD) $ 527.25 S60' OF E200' OF LOT 15, U.S. MARSHALL'S OFFICE $375.00 ESQUIRE SUB., PB 23, P 43, C/O KEN DEAL 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 301 N. MIAMI AVE.,RM 205 2.25 (RECORDING) COUNTY, FL. MIAMI, FL. 33128 $427.25 (1028 SW 9TH AVENUE) S31.25' OF E200' OF LOT 14 & U.S. MARSHALL'S OFFICE $275.00 N31.25' OF E 200' of LOT 15, C/O KEN DEAL 50.00 (ADM. COST) ESQUIRE SUB., PB 23, P 43, 301 N. MIAMI AVE.,RM 205 2.25 (RECORDING) PUBLICRECORDS, PALM BEACH MIAMI, FL. 33128 $ 327.25 COUNTY,FL. (1026 SW 9TH AVENUE) N60' OF E200' OF LOT 14, U.S. MARSHALL'S OFFICE $485.00 ESQUIRE SUB., PB 23, P 43, C/O KEN DEAL 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 301 N.MIAMI AVE., RM 205 2.25 (RECORDING) COUNTY, FL. MIAMI, FL. 33128 $ 537.25 (1024 SW 9TH AVENUE) -3- Res. No. 15-91 E200' OF LOT 13, ESQUIRE SUB., UNITED STATES OF AMERICA $485.00 PB 23, P 43, PUBLIC RECORDS, C/O US DEPT OF JUSTICE 50.00 (ADM. COST) PALM BEACH COUNTY, FL. MIAMI, FL. 33128 2.25 (RECORDING) (1022 SW 9TH AVENUE) $ 537.25 LOT 19, BLK 2, ATLANTIC PARK J.D. & EARLINE MONROE $ 40.00 GARDENS, DELRAY, PB 14, P 56, (HUSBAND & WIFE) 50.0Q (ADM. COST) PUBLIC RECORDS, PALM BEACH 58 KENT STREET 2.25 (RECORDING) COUNTY, FL. HARTFORD, CT. 06112 $ 92.25 (SW 1ST ST & SW 13TH AVE) LOT 14, NICHOL'S 1ST ADD. TO MANUEL MOREDA $ 54.00 DELRAY, PB 21, P 69, PUBLIC 14 SW 7TH STREET 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.25 (RECORDING) (14-16 SW 7TH STREET) $ 106.25 S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS ESTATE $ 53.00 BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 50.00 (ADM. COST) P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.25 (RECORDING) BEACH COUNTY, FL. $ 105.25 ('303 SW 2ND AVENUE) S80' OF El50' OF LOT 12, UNITED STATES OF AMERICA $575.00 ESQUIRE SUB., PB 23, P 43, C/O US DEPT OF JUSTICE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33128 2.25 (RECORDING) COUNTY, FL. $ 627.25 (1020 SW 9TH AVENUE) LOT 3, BLK 1, SUDAN UNIT A, DONALD A. & VANESSA G. $ 60.00 PB 28, P 144, PUBLIC RECORDS, MONROE (H&W) 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 3948 DOLPHIN DRIVE 2.25 (RECORDING) (DAVIS ROAD) DELRAY BEACH, FL. 33445 $ 112.25 LOT 5, BLK 11, DELRAY SHORES, BENJAMIN G. & JENNIE M. $ 65.00 PB 24, P 233, PUBLIC RECORDS BURROWS (HUSBAND & WIFE) 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 844 ORBIT LANE 2.25 (RECORDING) (ANGLER DRIVE) UNIONDALE, NY 11553 $ 117.25 S30' OF N90' OF E135' OF BLK REBECCA HAYES $ 45.00 10, TOWN OF DELRAY, PB 1, P 3, C/O EDWARD DEMPS 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 3099 2.25 (RECORDING) COUNTY, FL. FT. PIERCE, FL.34948-3099 $ 97.25 (NW 6TH AVENUE) S50' OF N200' OF E135' OF BLK MINNIE NEWMAN $ 45.00 10, TOWN OF DELRAY, PB 1, P 3, C/O OSCOE NEWMAN 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 1479 2.25 (RECORDING) COUNTY, FL. DELRAY BEACH, FL. 33447 $ 97.25 (NW 6TH AVENUE) -4- Res. No. 15-91 LOT 16, BLK 4, PRIEST'S ADD. ROSA L. SCOTT $ 70.00 TO ATLANTIC PARK GARDENS, PB 401 SW 10TH STREET 50.00 (ADM. COST) 23, P 70, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.25 (RECORDING) BEACH COUNTY, FL. $ 122.25 (SW 13TH AVENUE) LOTS 2 & 3, BLK 4, ATLANTIC ROGER M. COFFEY $ 55.00 PARK GARDENS, PB 14, P 56, 1502 NW 85TH STREET 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33147 2.25 (RECORDING) COUNTY, FL. $ 107.25 (SW 13TH AVENUE) LOTS 4 & 5, BLK 4, SILVER CONSULTANTS MARKETING $ 79.00 TERRACE, DELRAY, PB 11, P 61, INC. 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 1026 S. DIXIE HIGHWAY 2.25 (RECORDING) COUNTY, FL. DELRAY BEACH, FL. 33483 $ 131.25 (1026 S. DIXIE HIGHWAY) LOTS 33 TO 38 INC., BLK 8, PAUL F. & NANCY V.MILLER $ 50.00 DELL PARK, PB 8, P 56, PUBLIC (HUSBAND & WIFE) 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 230 HUDSON STREET 2.25 (RECORDING) (NE 10TH ST. & NE 3RD AVENUE) HOBOKEN, NJ. 07030 $ 102.25 El5' OF LOT 2, BLK 5, OSCEOLA J.L.& MARGARET PATTERSON $ 65.00 PARK, PB 3, P 2, PUBLIC (HUSBAND & WIFE) 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 4517 TENELLA ROAD 2.25 (RECORDING) (SE 5TH STREET) NEW BERN, NC. 28562 $ 117.25 N127' OF W135' OF BLK 2, TOWN PERRY G. STOKES $108.00 OF DELRAY, PB 1, P 3, PUBLIC 1100 SW 4TH AVENUE 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. BUILDING 15, APT. A 2.25 (RECORDING) (714-716 NW 3RD STREET) DELRAY BEACH, FL. 33444 $ 160.25 E50' OF W583' OF S140' OF JACQUEL DAWSON $ 60.00 N165' OF N 1/2 OF NW 1/4 OF C/O ANNAS RETREAT 50.00 (ADM. COST) SW 1/4 OF NW 1/4, SUB OF SEC. ESTATE TUTU #E-7 2.25 (RECORDING) 17-46-43, PB 1, P 3, PUBLIC ST. THOMAS, VI 00801 $ 112.25 RECORDS, PALM BEACH COUNTY,FL. (NW 2ND STREET) LOT 24, BLK A, WEST SIDE DURANTE-STROCK INC. $ 50.00 HEIGHTS, DELRAY, PB 13, P 61, 2160 W. ATLANTIC AVE.#100 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33445 2.25 (RECORDING) COUNTY, FL. $ 102.25 (NW 9TH AVE & NW 2ND ST) LOTS 19 & 20, BLK 8, ROSEMONT BETHEL EVANGELICAL $ 95.00 PARK, DELRAY, PB 13, P 60, CHURCH, INC. 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 809 SW 8TH AVENUE 2.25 (RECORDING) COUNTY, FL. DELRAY BEACH, FL. 33444 $ 147.25 (SW 7TH AVENUE) -5- Res. No. 15-91 S50' OF N250' OF E135' OF BLK ERROL GAYLE $105.00 13, TOWN OF DELRAY, PB 1, P 3, 20 SW 6TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 2.25 (RECORDING) COUNTY, FL. $ 157.25 (SW 6TH AVENUE) LOTS 32 & 33, BLK 15, TOWN OF VERA F. GIBSON $ 45.00 DELRAY, PB 13, P 18, PUBLIC P.O. BOX 66 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. INKSTER, MI. 48141 2.25 (RECORDING) (SW 6TH AVENUE) $ 97.25 LOTS 32 & 33, BLK 32, TOWN OF ROGER JOHNSON $ 50.00 DELRAY, PB 6, P 97, PUBLIC 5628 BLUEBERY COURT 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. LAUDERHILL, FL. 33313 2.25 (RECORDING) (SW 5TH AVENUE) $ 102.25 LOT 49 & LOT 50/LESS S10', ANPE INC. $103.00 SUNSET PARK, PB 12, P 65, P.O. BOX 3215 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL.33424 2.25 (RECORDING) COUNTY, FL. $ 155.25 (SW 10TH ST & SW 2ND AVE) LOT 1,BLK 9, ATLANTIC GARDENS, ANNIE M. WATT $ 60.00 · DELRAY, PB 14, P 63, PUBLIC MAGGIE L. WATT 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 245 SW 12TH AVENUE 2.25 (RECORDING) (SW 1ST ST & SW llTH AVE) DELRAY BEACH, FL. 33444 $ 112.25 LOT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 42.00 GARDENS, DELRAY PB 14, P 63, 111 NE 16TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL. 33435 2.25 (RECORDING) COUNTY, FL. $ 94.25 (SW 10TH AVENUE) S12' OF LOT 7 & LOT 8, BLK 19, GEZA M. GYORKY $ 54.00 TOWN OF DELRAY, (NOW KNOWN AS: P.O. BOX 2554 50.00 (ADM. COST) MELVIN S. BURD SUB.) PUBLIC W. PALM BEACH,FL. 33402 2.25 (RECORDING) RECORDS, PALM BEACH COUNTY,FL. $ 106.25 (NW 5TH AVENUE) LOT 3, BLK 25, TOWN OF DELRAY, LUCILLE H. KING $ 42.00 PB 5, P 2, PUBLIC RECORDS, C/O SARAH STILES 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 657 EAST 102 2.25 (RECORDING) (NW 5TH AVENUE) CLEVELAND, OHIO 44108 $ 94.25 LOT 4, BLK C, WEST SIDE HATTIE L. HARDWICK EST. $ 54.00 HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE STREET 2.25 (RECORDING) COUNTY, FL. BROOKLYN, NY. 11233 $ 106.25 (NW 10TH AVENUE) -6- Res. No. 15-91 LOTS 22 TO 26 INC., BLK 15, ALVAN E. MC FORD $ 59.00 TOWN OF DELRAY, PB 13, P 18, 17831 NW 47TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH CAROL CITY FL 33055 COUNTY, FL. ' ' 2.25 (RECORDING) (SW 7TH AVE & SW 3RD STREET) $ 111.25 VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -7- Res. No. 15-91