Res 31-91 RESOLUTION NO. 31-91
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
~ode 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
~hapter 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 ~ommission of the City of
Delray Beach on the 14th day of May, 1991 has levied an
assessment against said property for the cost of abatement of said
~uisance 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 sessionon t~ ton t ' the 14th day
o f May , 1991.
ATTEST:
-' CJfty- Clerk
- 2 - Res. No. 31-91
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 1 TO 9 INC., BLK 85, WILLIAM C.WILLIAMS III TR $ 31.68
RESUB. OF BLK 85, DELRAY, 3112 VINCENT ROAD 16.68 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, WEST PALM BCH, FL. 33405 2.40 (RECORDING)
PALM BEACH COUNTY, FL. $ 50.76
(29 SE 2ND AVENUE)
LOT 2, BLK 85, TOWN OF DELRAY, WILLIAM C.WILLIAMS III TR $ 31.66
PB 1, P 3, PUBLIC RECORDS, 3112 VINCENT ROAD 16.66 (ADM. COST)
PALM BEACH COUNTY, FL. WEST PALM BCH, FL. 33405 2.40 (RECORDING)
(208 EAST ATLANTIC AVENUE) $ 50.72
LQT 3, BLK 85, TOWN OF DELRAY, WILLIAM C.WILLIAMS III TR $ 31.66
PB 1, P 3, PUBLIC RECORDS, 3112 VINCENT ROAD 16.66 (ADM. COST)
PALM BEACH COUNTY, FL. WEST PALM BCH, FL. 33405 2.40 (RECORDING)
(212 EAST ATLANTIC AVENUE) $ 50.72
LOTS 1 & 2, BLK B, CARVER FRANK KING EST. $ 50.00
MEMORIAL PARK SUB., PB 20, 1027 LAKE FOREST BLVD. 50.00 (ADM. COST)
P 56, PUBLIC RECORDS, PALM JACKSONVILLE, FL. 2.40 (RECORDING)
BEACH COUNTY, FL. 32208-2728 $102.40
(NW 2ND ST. & NW 14TH AVE.)
LOT 5, BLK 122, WELLBROCK GRS PENSION TRUST INC. $100.00
SUB., PB 24, P 219, PUBLIC P.O. BOX 3141 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33447 2.40 (RECORDING)
(227 NE 7TH AVENUE) $172.40
LOT 5, BLK 122, WELLBROCK GRS PENSION TRUST INC. $ 50.00
SUB., PB 24, P 219, PUBLIC P.O. BOX 3141 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33447 2.40 (RECORDING)
(227 NE 7TH AVENUE) $122.40
LOT 5, BLK 122, WELLBROCK GRS PENSION TRUST INC. $ 22.00
SUB., PB 24, P 219, PUBLIC P.O. BOX 3141 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33447 2.40 (RECORDING)
(227 NE 7TH AVENUE) $ 94.40
LOT 16, BLK 6, ATLANTIC LILLIE B. COOPER $ 46.00
GARDENS, DELRAY, PB 14, P 63, 116 SW llTH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 2.40 (RECORDING)
COUNTY, FL. $118.40
(116 SW llTH AVENUE)
N50' OF S356.4' OF E135' OF ADELINE JENKINS $ 60.00
BLK 24, TOWN OF DELRAY, PB 1, 245 SW 12TH AVENUE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.40 (RECORDING)
BEACH COUNTY, FL. $132.40
(SW 5TH AVENUE)
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LOTS 13 & 14/LESS S20', BLK LISA M. WEBB $130.00
60 (OLD SCHOOL SQUARE HISTORIC 1561 S.CONGRESS AVE #187 70.00 (ADM. COST)
DISTRICT), TOWN OF DELRAY, DELRAY BEACH, FL. 33444 2.40 (RECORDING)
PB 1, P 3, PUBLIC RECORDS, $202.40
PALM BEACH COUNTY, FL.
(WEST ATLANTIC AVENUE)
E100' OF N50' OF BLK 18, TOWN JULIA SCADLOCK $ 40.00
OF DELRAY, PB 1, P 3, PUBLIC C/O LAWRENCE SCADLOCK 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 2621 BOWEN ROAD SE/9104 2.40 (RECORDING)
(NW 3RD STREET & NW 5TH AVE) WASHINGTON, DC 20020 $112.40
El00' OF W200' OF N50' OF L.& VASSENIA WILLIAMS EST $ 40.00
BLK 18, TOWN OF DELRAY, PB 1, (H&W) 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM C/O GIBSON 2.40 (RECORDING)
BEACH COUNTY, FL. 17 HOLLENCAMP AVENUE $112.40
(~W 3RD STREET & NW 6TH AVE) DAYTON, OH. 45427
LOT 4, BLK A, WEST SIDE STRAGHN ENTERPRISES OF $ 40.00
HEIGHTS, DELRAY, PB 13, P 61, DELRAY BEACH, INC. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 26 SW 5TH AVENUE 2.40 (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444 $112.40
(NW 10TH AVENUE)
LOT 22, BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 60.00
PB 6, P 97, PUBLIC RECORDS, (H&W) 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. 317 SW 5TH AVENUE 2.40 (RECORDING)
(SW 5TH AVENUE) DELRAY BEACH, FL. 33444 $132.40
LOT 16, BLK 35, TOWN OF DELRAY, GRACE BARNETT $ 40.00
PB 1, P 3, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. WEST PALM BCH, FL. 33407 2.40 (RECORDING)
(NW 3RD AVENUE) $112.40
S50' OF N300' OF E135' OF O.C.STRACHAN $ 36.00
N 1/2 OF BLK 31, TOWN OF C/O R. STRACHAN 70.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC 8841 NW 14TH AVENUE 2.40 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL. MIAMI, FL. 33147 $108.40
(222 SW 4TH AVENUE)
LOTS 1 TO 9 INC., BLK 85, WILLIAM C.WILLIAMS III TR $ 90.00
RESUB. OF BLK 85, DELRAY, PB 1, 3112 VINCENT ROAD 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM WEST PALM BCH, FL. 33405 2.40 (RECORDING)
BEACH COUNTY, FL. $162.40
(29 SE 2ND AVENUE)
E50' OF S135' OF BLK 3, TOWN ARIDEEN CLOSE $ 50.00
OF DELRAY, PB 1, P 3, PUBLIC C/O BENJAMIN BALDWIN 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 1392 LAWRENCE ROAD 2.40 (RECORDING)
(NW 7TH AVENUE & NW 1ST ST) DELRAY BEACH, FL. 33445 $122.40
-4- Res. No. 31-91
E37.3' OF W62.3' OF S93' OF HENRY R. DAVIS $ 40.00
BLK 11, TOWN OF DELRAY, PB 1, 135 NW 6TH AVENUE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.40 (RECORDING)
BEACH COUNTY, FL. $112.40
(NW 7TH AVENUE & NW 1ST ST)
LOT 29, BLK B, TOURIST NOOK, DELVERNA C. RILEY $ 40.00
DELRAY, PB 11, P 47, PUBLIC 231 NW 8TH AVENUE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.40 (RECORDING)
(NW 8TH AVENUE) $112.40
LOT 28, BLK A, TOURIST NOOK, L.R. & JENNIFER E. $ 55.00
DELRAY, PB 11, P 47, PUBLIC STRAINGE (H&W) 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 5290 PINETREE DRIVE 2.40 (RECORDING)
(NW 9TH AVENUE) DELRAY BEACH, FL. 33484 $127.40
LOT 16, BLK A, TOURIST NOOK, VINCENT VILLAFANE $ 36.00
D~LRAY, PB 11, P 47, PUBLIC MILAGROS VILLAFANE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 423 WILDER STREET 2.40 (RECORDING)
(MW 10TH AVENUE & NW 2ND ST) WEST PALM BCH, FL. 33405 $108.40
S14.36' OF LOT 1 & ALL OF DERRICK L. & $ 15.00
LOT 2, BLK A, WEST SIDE SHEILA CRUDUP (H&W) 35.00 (ADM. COST)
HEIGHTS, DELRAY, PB 13, P 61, 501 SW 8TH AVENUE 2.40 (RECORDING)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 $ 52.40
COUNTY, FL.
(NW 10TH AVE & NW 2ND ST)
N50' OF LOT 1, BLK A, WEST DERRICK L. & $ 15.00
SIDE HEIGHTS, DELRAY, PB 13, SHEILA CRUDUP (H&W) 35.00 (ADM. COST)
P 61, PUBLIC RECORDS, PALM 501 SW 8TH AVENUE 2.40 (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 $ 52.40
(NW 10TH AVENUE & NW 2ND ST)
LOT 24, BLK 17, RESUB. OF JEAN C. DORISCA $ 40.00
BLK 17, DELRAY BEACH, PB 21, 342 NW 5TH AVENUE 70.00 (ADM. COST)
90, PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 2.40 (RECORDING)
COUNTY, FL. $112.40
(342 NW 5TH AVENUE)
LOT 10, BELLHAVEN UNIT A, OTIS WILLIAMS JR. $ 40.00
PB 26, P 104, PUBLIC RECORDS, 336 SW llTH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 2.40 (RECORDING)
(336 SW llTH AVENUE) $112.40
LOT 19, BLK 2, ATLANTIC PARK J.D.& EARLINE MONROE $ 28.00
GARDENS, DELRAY PB 14, P 56, (H&W) 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 58 KENT STREET 2.40 (RECORDING)
COUNTY, FL. HARTFORD, CT. 06112 $100.40
(SW 13TH AVENUE)
-5- Res. No. 31-91
S150' OF E50' OF BLK 18/LESS H. & HAZEL CLEM $ 40.00
E20' RD R/W/ TOWN OF DELRAY, (H&W) 70.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, 3 SUMMER STREET 2.40 (RECORDING)
PALM BEACH COUNTY, FL. NORWALK, CT. 06851 $112.40
(NW 5TH AVENUE & NW 2ND ST)
S30' OF LOT 6, BLK 28, TOWN LEONARD DAVIS $ 36.00
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. 2.40 (RECORDING)
(NW 5TH AVENUE) LOS ANGELES, CA. 90073 $108.40
LOT 17, BLK 1, ATLANTIC PARK ELKANAH HEPBURN $ 40.00
GARDENS, DELRAY, PB 14, P 56, 1500 N. CONGRESS AVE. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH APT. #C9 2.40 (RECORDING)
COUNTY, FL. WEST PALM BCH, FL. 33401 $112.40
(NW 13TH AVENUE)
L~T 5, BLK 122, WELLBROCK GRS PENSION TRUST INC. $ 50.00
S~B., PB 24, P 219, PUBLIC P.O. BOX 3141 70.00 (ADM. COST)
R~CORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33447 2.40 (RECORDING)
(227 NE 7TH AVENUE) $122.40
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No. 31-91