Res 52-91 RESOLUTION NO. 52-91
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 9th day of July, 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 9th day
of July , 1991.
ATTEST:
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COST OF ABA?ING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 71, TROPIC PALMS PLAT 1, BELLA OCKMAN $ 35.00
PB 25, P 99, PUBLIC RECORDS, 7850 BYRON AVENUE #607 35.00 (ADM. COST)
PALM BEACH COUNTY, FL MIAMI BEACH, FL 33141 2.52 (RECORDING)
(LINDELL BLVD) $ 72.52
LOT 97, TROPIC PALMS PLAT 1, BELLA OCKMAN $ 35.00
PB 25, P 99, PUBLIC RECORDS, 7850 BYRON AVENUE #607 35.00 (ADM. COST)
PALM BEACH COUNTY, FL MIAMI BEACH, FL 33141 2.52 (RECORDING)
(HERON DRIVE) $ 72.52
LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G & PATRICIA ALLEN $ 48.00
PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM, COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.52 (RECORDING)
(206 SW 2ND AVENUE) $120.52
LOT 3 BLK 47, TOWN OF DELRAY, ROBERT G & PATRICIA ALLEN $ 52.00
PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.52 (RECORDING)
(206 SW 2ND AVENUE) $124.52
LOT 321, TROPIC PALMS PLAT 1, MICHELLE GRZESIAK $ 50.00
PB 25, P 99, PUBLIC RECORDS, 607 NE 17TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL FT. LAUDERDALE, FL 33304 2.52 (RECORDING)
(MALLARD DRIVE) $122.52
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 2.52 (RECORDING)
(NW 8TH AVENUE) $112.52
LOTS 13 TO 19 INC., LINCOLN AMERICAN CANADIAN TR CO. $518.00
ATLANTIC PARK GARDENS, PB 23, 417 E VIRGINIA STREET #1 70.00 (ADM. COST)
P 70, PUBLIC RECORDS, PALM TALLAHASSEE, FL 32301 2.52 (RECORDING)
BEACH COUNTY, FL $590.52
(102 TO 128 SW 13TH AVENUE)
LOT 24, BLK C, RIDGEWOOD TONY PARRISH $ 60.00
HEIGHTS, DELRAY, PB 14, P 44, 591 SOUTH DIXIE HIGHWAY 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DEERFIELD BCH, FL 33441 2.52 (RECORDING)
COUNTY, FL $132.52
(16631 SW 7TH AVENUE)
LOT 3, BLK 2, RIO DEL REY JAMES GINESI $ 32.90
SHORES, PB 25, P 5, PUBLIC 363 A BRICKYARD ROAD 35.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL FREEHOLD, NJ 07728 2.52 (RECORDING)
(SE 6TH AVENUE) $ 70.42
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LOT 4, BLK 2, RIO DEL REY JAMES GINESI $ 32.90
SHORES, PB 25, P 5, PUBLIC 363 A BRICKYARD ROAD 35.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL FREEHOLD, NJ 07728 2.52 (RECORDING)
(SE 6TH AVENUE) $ 70.42
LOT 10, NICHOLS 1ST ADD TO JULINA NAJULSAINT $ 60.00
DELRAY, PB 21, P 69, PUBLIC JEANNOT BAPTISTE & 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL G. F. AIMES 2.52 (RECORDING)
(118-120 SW 7TH STREET) 1013 SW 8TH AVENUE $132.52
DELRAY BEACH, FL 33444
LOT 6, BLK 8, ROSEMONT PARK, BETHEL EVANG. CHURCH INC. $ 35.78
DELRAY, PB 13, P 60, PUBLIC C/O FRANCK FRANCOIS 35.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 704 S. SWINTON AVENUE 2.52 (RECORDING)
(SW 7TH AVENUE) DELRAY BEACH, FL 33444 $ 73.30
LOTS 19 & 20, BLK 8, ROSEMONT BETHEL EVANG. CHURCH INC. $ 35.78
PARK, DELRAY, PB 13, P 60, 809 SW 8TH AVENUE $5.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.52 (RECORDING)
COUNTY, FL $ 73.30
(SW 7TH AVENUE)
LOT 1, BLK 12, DELRAY SHORES CHARLES S & ANNETTA J. $ 45.00
FIRST ADD, PB 28, P 2, PUBLIC BALDWIN 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 3946 LAKE IDA ROAD 2.52 (RECORDING)
(3496 LAKE IDA ROAD) DELRAY BEACH, FL 33445 $117.52
LOT 66, PLUMOSA PARK SECTION KATHERINA GIBSON $ 70.00
A, PB 23, P 68, PUBLIC 231 NE 16TH STREET 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 2.52 (RECORDING)
(231 NE 16TH STREET) $142.52
LOTS 1 & 2, BLK 2, RIO DEL REY DONG J. LEE $120.00
SHORES, PB 25, P 5, PUBLIC C/O VAN ALPHEN CO. 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 801 SE 6TH AVENUE 2.52 (RECORDING)
(801 SE 6TH AVENUE) DELRAY BEACH, FL 33483 $192.52
LOT 22 & N10' OF LOT 23, J.L. & MAUREEN H. MAAS $106.00
BLK 72, TOWN OF DELRAY, PB 10, 3825 LONE PINE ROAD 70.00 (ADM. COST)
P 57, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 2.52 (RECORDING)
BEACH COUNTY, FL $178.'52
(338 SE 1ST AVENUE)
LOT 24, BLK 5, ATLANTIC QUEEN BROWN $ 64.00
GARDENS, DELRAY, PB 14, P 63, RR 7 BOX 6040 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH QUINCY, FL 32351 2.52 (RECORDING)
COUNTY, FL $136.52
(28 SW llTH AVENUE)
LOTS 10 TO 16 INC., BLK 15, WILLIW WRIGHT $ 72.00
TOWN OF DELRAY, PB 13, P 18. 106 NW 12TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.52 (RECORDING)
COUNTY, FL $144.52
(215-217 SW 7TH AVENUE)
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LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G & PATRICIA ALLEN $ 48.00
PB 12, P 81,.PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM. COST)
· PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.52 (RECORDING)
(206 SW 2ND AVENUE) $120.52
LOT 17, BLK 54, RESUB. OF JOHN CUNNINGHAM $725.00
S 1/2 OF BLK 54, PB 11, P 2, 4667-A ORLEANS COURT 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH W. PALM BEACH, FL 33415 2.52 (RECORDING)
COUNTY, FL $797.52
(111 SW 2ND STREET)
LOT 19, SEESTEDT STEVENS SUB., THOMAS & BRENDA LANNI $ 16.00
PB 18, P 3, PUBLIC RECORDS, P.O. BOX 248586 70.00 (ADM. COST)
PALM BEACH COUNTY, FL MIAMI, FL 33124-8586 2.52 (RECORDING)
(NE 7TH AVENUE & NE 1ST COURT) $ 88.52
El5' OF LOT 2, BLK 5, OSCEOLA J L & MARGARET PATTERSON $ 8.00
PARK, PB 3, P 2, PUBLIC 4517 TENELLA ROAD 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL NEW BERN, NC 28562 2.52 (RECORDING)
(SE 5TH STREET) $ 80.52
S 1/2 OF LOT 5, BLK 30, TOWN ETHEL J. MACKEY $ 60.00
OF DELRAY, PB 1, P 3, PUBLIC C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 1120 NW 64TH STREET 2.52 (RECORDING)
(SW 5TH AVENUE) MIAMI, FL 33150 $132.52
LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G & PATRICIA ALLEN $ 28.00
PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.52 (RECORDING)
(206 SW 2ND AVENUE) $100.52
'VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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