Res 40-91 RESOLUTION NO. 40-91
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 28th day of May, 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 28th day
of May , 1991.
ATTEST:
' City Clerk
- 2 - Res. No. 40-91
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 16, FIRST ADDITION TO GRS PENSION TRUST INC. $ 59.00
KENMONT, PB 22, P 24, PUBLIC 50 SE 4TH AVENUE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33483 (RECORDING)
(1011 NE 9TH AVENUE)
S50' OF N200' OF W120' OF EDWIN C. IVY $ 74.25
BLK 25, TOWN OF DELRAY, PB 5, 519 SW 15TH TERRACE 70.00 (ADM. COST)
P 2, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(NW 5TH AVENUE)
LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G.& PATRICIA ALLEN $ 48.00
PB 12, P 81, PUBLIC RECORDS, C/O FIRST FAMILY 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. MORTGAGE CORPORATION (RECORDING)
(SW 2ND AVENUE) MARK BUCHBINDER, ATTORNEY
7700 N.KENDALL DR.,
SUITE 507
MIAMI, FL. 33156
CL87-11199AF/LOAN 526319
LOT 6, PARADISE HEIGHTS, SHEDRICK & LONIE FASHAW $ 12.00
~PB 24, P 113, PUBLIC RECORDS, 221 E.COUNTRY CLUB BLVD. 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. BOCA RATON, FL. 33431 (RECORDING)
(322 NW 6TH AVENUE)
LOT 11, BLK 67, TOWN OF J. REEVE & ANNE S.BRIGHT $ 28.00
DELRAY, (OLD SCHOOL SQUARE (H&W) 70.00 (ADM. COST)
HISTORIC DISTRICT), PB 1, P 3, 110 E. ATLANTIC AVENUE (RECORDING)
PUBLIC RECORDS, PALM BEACH SUITE 400
COUNTY, FL. DELRAY BEACH, FL. 33444
(NE 1ST AVENUE)
LOT 15/LESS S20' RD R/W, LISA M. WEBB $ 28.00
BLK'60 (OLD SCHOOL SQUARE 1561 S.CONGRESS AVE #187 70.00 (ADM. COST)
HISTORIC DISTRICT), TOWN OF DELRAY BEACH, FL. 33445 (RECORDING)
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL.
(WEST ATLANTIC AVENUE)
THE PT OF LOT 11 K/A W 1/2 OF ELIJAH THOMPSON $ 82.50
DUPLEX, BLK 4, PRIEST'S ADD. 241 SW 14TH AVENUE 35100 (ADM. COST)
TO ATLANTIC PARK GARDENS, DELRAY BEACH, FL. 33444 (RECORDING)
PB 23, 'P 70, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(241 SW 14TH AVENUE)
-3- Res. No. 40-91
THE PT OF LOT 11 K/A E 1/2 OF JUAN THOMPSON $ 82.50
DUPLEX, BLK 4, PRIEST'S ADD TO 241SW 14TH AVENUE 35.00 (ADM. COST)
ATLANTIC PARK GARDENS, PB 23, DELRAY BEACH, FL. 33444 (RECORDING)
P 70, PUBLIC RECORDS, PALM
BEACH COUNTY, FL.
(241 SW 14TH AVENUE)
LOT 16, NICHOLS 1ST ADD TO FRANCK & ELNA FRANCOIS $ 48.70
DELRAY BEACH, PB 21, P 69, (H&W) 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 1351 SW 27TH PLACE (RECORDING)
'COUNTY, FL. BOYNTON BEACH, FL. 33426
(704 SOUTH SWINTON AVENUE)
LOTS 1 & 2, BLK B, CARVER FRANK KING $ 74.25
MEMORIAL PARK SUB., PB 20, 1027 LAKE FOREST BLVD. 70.00 (ADM. COST)
P 56, PUBLIC RECORDS, PALM JACKSONVILLE, FL. (RECORDING)
BEACH COUNTY, FL. 32208-2728
(202 NW 14TH~AVE)
LOT 6, BLK 9, ATLANTIC GARDENS P. & GENEVA ROBINSON $ 50.00
DELRAY, PB 14, P 63, PUBLIC (H&W) 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. E. & DELORIS JOHNSON,JR. (RECORDING)
(SW llTH AVENUE) 322 NW 3RD STREET
BOYNTON BEACH, FL. 33435
S50' OF N200' OF E135' OF MINNIE NEWMAN $ 50.00
BLK 10, TOWN OF DELRAY, PB 1, C/O OSCOE NEWMAN 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM P.O. BOX 1479 (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33447
(234 NW 6TH AVE)
S30' OF N90' OF E135' OF BLK REBECCA HAYES $ 40.00
10, TOWN OF DELRAY, PB 1, P 3, C/O EDWARD DEMPS 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 3099 (RECORDING)
COUNTY,FL. (NW 6TH AVENUE) FT.PIERCE,FL. 34948-3099
E41' OF LOT 2,BLK D, RIDGEWOOD MADELINE S. SANTIAGO $ 24.00
HEIGHTS, DELRAY, PB 14, P 44, 1105 1/2 SW 7TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORDING)
COUNTY, FL.
(SW 7TH AVENUE)
LOT 18, BLK 23, TOWN OF MATILDA JOHNSON $ 36.00
DELRAY, PB 10, P 69, PUBLIC 225 SW 6TH AVENUE- 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 (RECORDING)
(SW 6TH AVENUE)
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LOT 3, BLK 6, ATLANTIC GARDENS, JACK D. WALKER $ 43.00
DELRAY, PB 14, P 63, PUBLIC 502 GARDENIA TERRACE 70.00' (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 (RECORDING)
(109-111 SW 12TH AVENUE)
LOT 24, BLK A, WEST SIDE DURANTE-STROCK INC. $ 40.00
HEIGHTS, .DELRAY, PB 13, P 61, 2160 W.ATLANTIC AVE/#100 70.00 (ADM. COST)
PUBLIC RECORDS,. PALM BEACH DELRAY BEACH, FL. 33445 (RECORDING)
COUNTY, FL.
(NW 9TH AVE & NW 2ND ST)
LOT 290, TROPIC PALMS PLAT 1, RAYMOND & DIANE $ 43.00
PB 25, P 99, PUBLIC RECORDS, MANGICAPRA (H&W) 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. 5300 W. ATLANTIC AVE. (RECORDING)
(HERON DRIVE) DELRAY BEACH, FL. 33484
LOT 22, BLK 3, CARVER PARK, RAYMOND & DIANE $157.00
PB 27, P 55, PUBLIC RECORDS, MANGICAPRA (H&W) 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. 13233 MILITARY TRAIL (RECORDING)
(506 SW 14TH AVE) DELRAY BEACH, FL. 33484
'LOT 7, BLK 26, TOWN OF DELRAY, ABISSET CORP. INC. $ 65.00
PB 5, P 64, PUBLIC RECORDS, P.O. BOX 7123 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 (RECORDING)
(NW 4TH AVENUE)
- TRACT O, TROPIC PALMS PLAT 1, WALTER & GEORGINE T.HAHN $101.28
PB 25, P 99, PUBLIC RECORDS, (H&W) 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. 4399 36TH STREET (RECORDING)
(LINDELL BLVD.) ORLANDO, FL. 32811
N30' OF E135' OF BLK 10, TOWN JAMES & BERNICE IVY $ 40.00
OF DELRAY, PB 1, P 3, PUBLIC (H&W) 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 510 E. 28TH STREET (RECORDING)
(NW 6TH AVE & NW 3RD ST) PATTERSON, NJ 07514
S150' OF W135.5' OF BLK 26, MARY J. GREEN TRUST $ 71.43
TOWN OF DELRAY, PB 5, P 64, C/O SHUPENKO, VICE PRES. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH AMERIFIRST FL. TRUST CO. (RECORDING)
COUNTY, FL. P.O. BOX 026029
(NW 5TH AVE & NW 2ND ST) MIAMI, FL. 33102-6029
LOT 4, BLK C, WEST SIDE HATTIE L.HARDWICK ESTATE $ 50.00
HEIGHTS DELRAY, PB 13, P 61, C/O GEORGE QUAIL 70.00 (ADM. COST)
PUBLIC RECORDS', PALM BEACH 302 BAINBRIDGE STREET (RECORDING)
COUNTY, FL. BROOKLYN, NY 11233
(NW 10TH AVENUE)
E187' OF SE 1/4 OF SW 1/4 OF KEITH DENNIS $ 75.00
SW 1/4 LYG S OF LAKE IDA ROAD, 1165 SW 27TH PLACE 70.00 (ADM. COST)
SUB. OF SEC. 8-46-43, PUBLIC BOYNTON BEACH, FL. 33426 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL.
(LAKE IDA RD & ROOSEVELT AVE)
-5- Res. No. 40-91
THE PT OF E'LY77.41' OF N100' COMMUNITY LAND CORP.ET AL $160.45
OF S125' OF W 1/4 OF LOT 5 LYG BOX 50001 70.00 (ADM. COST)
E'LY OF 1-95 R/W, SUB. OF SEC. LIGHTHOUSE POINT, (RECORDING)
17-46-43, PUBLIC RECORDS, PALM FL. 33074
BEACH COUNTY, FL.
(SW 15TH AVENUE)
LOTS 2 & 3, BLK 4, ATLANTIC ROGER M. COFFEY $ 75.00
PARK GARDENS, PB 14, P 56, 1502 NW 85TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33147 (RECORDING)
COUNTY. FL.
(SW 13TH AVENUE)
LOT 5, BLK 4, ATLANTIC PARK ROGER M. COFFEY $ 90.00
GARDENS, PB 14, P 56, PUBLIC 1502 NW 85TH STREET 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. MIAMI, FL. 33147
(SW 13TH AVENUE)
LOT 5, BLK 2, J.G. FENNO'S ETHEL MACKEY $ 40.00
SUB., PB 2, P 89, PUBLIC C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 1120 NW 64TH STREET (RECORDING)
~NW 9TH AVENUE) MIAMI, FL. 33150
N125' OF S140' OF W 92' OF WALTER J. SEYMOUR $ 50.00
E132' OF NW 1/4 OF SW 1/4, OF 10159 41ST TERRACE 70.00 (ADM. COST)
~W 1/4, SUB. OF SEC. 4-46-43, SUITE #217 (RECORDING)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL. 33436
COUNTY, FL.
{2200 SEACREST BLVD.)
LOT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 50.00
GARDENS, DELRAY, PB 14, P 63, 111 NE 16TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL. 33435 (RECORDING)
COUNTY, FL.
(SW 10TH AVENUE)
E50' OF W583' OF S140' OF JACQUEL DAWSON $ 50.00
N165' OF N 1/2 OF NW 1/4 OF C/O ANNAS RETREAT 70.00 (ADM. COST)
SW 1/4 OF NW 1/4, SUB. OF SEC. ESTATE TUTU #E-7 (RECORDING)
17-46-43, PUBLIC RECORDS, PALM 'ST. THOMAS, VI 00801
BEACH COUNTY, FL.
(NW 2ND STREET)
LOT 39, BLK 7, OSCEOLA PARK, WILLIAM CRANE GRAY INN $ 50.00
PB 3, P 2, PUBLIC RECORDS, FOR OLDER PEOPLE INC. 70.00 (ADM. COST)
PALM BEACH COUNTY, FL. 4445 PINE FOREST DRIVE (RECORDING)
(SE 2ND AVENUE) LAKE wORTH, FL. 33463
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No. 40-91