Res 61-91 RESOLUTION NO. 61-91
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 August, 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
re~nrd a certified copy of this resolution in the public records of Palm
Ben, ch 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 13th day
of August ~ , 1991. ~j~~/___,
ATTEST:
City Cl~rk '
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Res. No. 61-91
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
E 200' OF LOT 13, ESQUIRE SUB. U.S. MARSHALL'S SERVICE $ 709.90
PB 23, P 43, PUBLIC RECORDS, C/O KEN DEAL 70.00 (ADM COST)
PALM BEACH COUNTY, FL 301 N. MIAMI AVE, RM 205 2.20 (RECORDING)
(1022 SW 9TH AVE.) MIAMI, FL 33128 $ 782.10
LOT 1, BLK 1, DUMAR PLAZA CROWN LIFE INSURANCE CO $ 332.75
.REPLAT, PB 47,P 48,PB 44, C/O MERSHON ET AL 70.00 (ADM COST)
P 188,PUBLIC RECORDS, PALM 200 S. BISCAYNE BLVD. 2.20 (RECORDING)
BEACH COUNTY, FL SUITE 4500 $ 404.95
.(AVE H) MIAMI, FL. 33131
LOTS 1 & 2, PARADISE HGHTS, CHARLENE G. PATRICK $ 50.00
QB 21, P 113, PUBLIC RECORDS, P.O. BOX 97841 70.00 (ADM COST)
PALM BEACH COUNTY, FL RALEIGH, NC 27624 2.20 (RECORDING)
(NW 6TH AVE.& NW 3RD STREET) $ 122.20
LOT 17, BLK 121, HIGHLAND PARK, RICHARD T. DOTY $ 24.00
DELRAY, PB 2, P 79, PUBLIC 309 NE 7TH AVENUE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33483 2.20 (RECORDING)
(309 NE 7TH AVENUE) $ 96.20
LOTS 1 TO 9 INC., BLK 85, RESUB WILLIAM C. WILLIAMS III $ 142.00
OF BLK 85, DELRAY, PB 4, P 14, TR, 3112 VINCENT ROAD 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH WEST PALM BEACH,FL. 33405 2.20 (RECORDING)
COUNTY, FL $ 214.20
(29 SE 2ND AVENUE)
LOT 3, ESQUIRE SUB., PB 23, U.S. MARSHALL'S SERVICE, $ 36.00 (ADM COST)
P 43, PUBLIC RECORDS, PALM C/O KEN DEAL 70.00 (RECORDING)
BEACH COUNTY, FL. 301 N. MIAMI AVE, RM 205 2.20
(1012 GERMANTOWN ROAD) MIAMI, FL 33128 $ 108.20
W50' OF S150' OF BLK 18,TOWN LONNIE & PHYLLIS DURHAM $ 80.00
OF ~ELRAY, PB 1, P 3, PUBLIC 521 NW 2ND STREET 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL. 33444 2.20 (RECORDING)
(NW 6TH AVE & NW 2ND STREET) $ 152.20
EOT 15/LESS E215', ESQUIRE U.S. MARSHALL'S SERVICE $ 559.42
SUB., PB 23, P 43, PUBLIC C/O KEN DEAL 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 301 N. MIAMI AVE, RM 205 2.20 (RECORDING)
(1039 GERMANTOWN ROAD) MIAMI, FL. 33128 $ 631.62
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LOT 14/LESS E215', ESQUIRE SUB. U.S. MARSHALL'S SERVICE $ 431.82
PB 23, P 43, PUBLIC RECORDS, C/O KEN DEAL 70.00 (ADM COST)
PALM BEACH COUNTY, FL 301 N. MIAMI AVE, RM 205 2.20 (RECORDING)
(1029-1031 GERMANTOWN ROAD) MIAMI, FL 33128 $ 504.02
S60' OF E200' OF LOT 15, U.S. MARSHALL'S SERVICE $ 160.79
ESQUIRE PB 23, P 43, PUBLIC C/O KEN DEAL 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 301 N. MIAMI AVE., RM 205 2.20 (RECORDING)
(1028 SW 9TH AVE) MIAMI, FL 33128 $ 232.99
S31.25' OF E 200' OF LOT 14 & U.S.MARSHALL'S SERVICE $ 202.72
N31.25' OF E200' OF LOT 15, C/O KEN DEAL 70.00 (ADM COST)
.ESQUIRE, PB 23, P 43, PUBLIC 301 ~N. MIAMI AVE, RM 205 2.20 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL MIAMI, FL 33128 $ 274.92
(1026 SW 9TH AVENUE)
~60' OF E200' OF LOT 14, U.S. MARSHALL'S SERVICE $ 460.00
ESQUIRE, PB 23, P 43, PUBLIC 'C/O KEN DEAL 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 301 N. MIAMI AVE, RM 205 2.20 (RECORDING)
(1024 SW 9TH AVE) MIAMI, FL 33128 $ 532.20
S80' OF E150' OF LOT 12, U.S. MARSHALL'S SERVICE $ 247.72
ESQUIRE, PB 23, P 43, PUBLIC C/O KEN DEAL 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 301 N. MIAMI AVE, RM 205 2.20 (RECORDING)
(1020 SW 9TH AVE) MIAMI, FL 33128 $ 319.92
LOT 59, SUNSET PARK, DELRAY, MANUEL MOREDA $ 70.60
PB 12, P 65, PUBLIC RECORDS, MANUEL E. MOREDA 35.00 (ADM COST)
PALM BEACH COUNTY, FL P.O, BOX 1953 2.20 (RECORDING)
(MANGO DRIVE) DELRAY BEACH, FL 33447 $ 107.80
LOTS 14 TO 16 INC., BLK 1, ESTERVINA MOREDA $ 76.60
SOUTHRIDGE, PB 13,P 38, PUBLIC P.O. BOX 1953 35.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL. 33447 2.20 (RECORDING)
(REIGLE AVENUE) $' 113.80
LOTS 17 TO 20 INC., BLK 1, ESTERVINA MOREDA $ 76.60
SOUTHRIDGE, PB 13, P 38, PUBLIC P.O. BOX 1953 35.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33447 2.20 (RECORDING)
(RE~GLE AVENUE) $ 113.80
THE PT OF ELY77.41' OF N100' COMMUNITY LAND CORP ET AL $ 64.00
OF S125' OF W1/4 OF LOT 5 LYG BOX 50001 70.00 (ADM COST)
ELY OF 1-95 R/W, SUB OF SEC LIGHTHOUSE PT, FL 33074 2.20 (RECORDING)
17-46-43, PUBLIC RECORDS, PALM $ 136.20
BEACH COUNTY, FL
(SW 15TH AVENUE)
LOT 3, WILLIAMS SUB., PB 24, WILLIE A. JENKINS $ 127.00
P 180, PUBLIC RECORDS, PALM VERONICA HARTSFIELD 70.00 (ADM COST)
BEACH COUNTY, FL 16343 SIMS ROAD 2.20 (RECORDING)
(232-234 SW 15TH AVENUE) DELRAY BEACH, FL 33484 $ 199.20
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LOTS 23 TO 28 INC., BLK 5 TIITF/STATE OF FLORIDA $ 68.20
SOUTHRIDGE PB 13, P 38, PUBLIC FORMER MURPHY ACT LAND 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 3900 COMMONWEALTH BLVD. 2.20 (RECORDING)
(SW 8TH AVE) TALLAHASSEE, FL 32399 $ 140.40
LOTS 18 TO 20 INC., BLK 5, DORA M. TROUT $ 287.20
SOUTHRIDGE PB 13, P 38, PUBLIC C/O M. REESE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL RR4 BOX 238 2.20 (RECORDING)
(DOUGLAS AVENUE) PERRY, FL 32347 $ 359.40
ALL OF PLAT, CORNICHE, PUBLIC CRAFT DEV. II, INC. $ 59.40
RECORDS, PALM BEACH COUNTY,FL 18559 LONG LAKE DRIVE 70.00 (ADM COST)
(NORTH FEDERAL HIGHWAY) BOCA RATON, FL 33496 2.20 (RECORDING)
$ 131.60
~OT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 50.00
GARDENS, DELRAY, PB 1, P 3, 111 NE 16TH AVENUE 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33435 2.20 (RECORDING)
~COUNTY, FL $ 122.20
(SW 10TH AVENUE)
LOT 32, BLK A, TOURIST NOOK, WILBUR COLEMAN $ 65.00
DELRAY, PB 11, P 47, PUBLIC 110 E. ATLANTIC AVENUE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 2.20 (RECORDING)
(NW 9TH AVE & NW 3RD ST) $ 135.20
S150' OF E50' OF BLK18/LESS H. & HAZEL CLEM $ 50.00
E20'RD R/W, TOWN OF DELRAY, 3 SUMMER STREET 70.00 (ADM COST)
PB 1, P 3, PUBLIC RECORDS, NORWALK, CT 06851 2.20 (RECORDING)
PALM BEACH COUNTY,FL $ 122.20
(NW 5TH AVE & NW 2ND STREET)
W1/2 OF LOT 7, BLK 30, TOWN ALBERT MARTIN $ 52.00
OF DELRAY, PB 1, P 3, PUBLIC MARILYN S. BARON 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL P.O. BOX 414002 2.20 (RECORDING)
(SW 5TH AVENUE) MIAMI, FL. 33141 $ 124.20
LOTS 56 TO 58 INC., SUNSET MANUEL MOREDA $ 70.60
PARK, DELRAY PB 12, P 65, MANUEL E. MOREDA 35.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 1953 2.20 (RECORDING)
COUNTY, FL DELRAY BEACH, FL. 33447 $ 107.80
(MANGO DRIVE)
LOT 12, BLK 96, LINN'S ADD TO THOMAS S. MCDERMAT $ 30.00
OSCEOLA PARK, DELRAY, PB 1, 347 SE 3RD AVENUE 70.00 (ADM COST)
P 133, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33483 2.20 (RECORDING)
BEACH COUNTY, FL $ 102.20
(347 SE 3RD AVENUE)
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LOT 49, DELRAY MANOR ADDITION AMERICAS MORTGAGE SERVI- $ 43.00
TO DELRAY PB 12,P 59, PUBLIC CING INC. C/O JOSEPH M. 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL PANIELLO, P.O. BOX 2347 2.20 (RECORDING)
(729 SW 9TH COURT) TAMPA, FL. 33601 $ 115.20
LOT 4, BLK 23, TOWN OF DELRAY, MELVIN A. SMITH & OR THE $ 64.00
PB 10, P 69, PUBLIC RECORDS, ESTATE, HEIRS, DEVISEES, 70.00 (ADM COST)
PALM BEACH COUNTY, FL LEGATEES OF MELVIN A SMITH 2.20 (RECORDING)
(SW 5TH AVENUE) 215 SW 5TH AVENUE $ 136.20
DELRAY BEACH, FL 33444
LOTS 3 & 4, BLK 8, DELL PARK, RICHARD A. COURT $ 82.00
PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.20 (RECORDING)
(1012 NE 3RD AVENUE) $ 154.20
LOT 10, BLK 2, KENMONT, PB 20, WILLIAM H. CARTWRIGHT $ 88.00
~ 65, PUBLIC RECORDS, PALM C/O COPELAND & KRAMER 70.00 (ADM COST)
~EACH COUNTY, FL BOX 2421 2.20 (RECORDING)
(710 BOND WAY) STUART, FL 34995 $ 160.20
LOT 16, BLK 35, TOWN OF DELRAY, GRACE BARNETT $ 34.00
PB 1, P 3, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM COST)
PALM BEACH COUNTY, FL WEST PALM BEACH,FL 33407 2.20 (RECORDING)
(NW 3RD AVENUE & NW lST ST) $ 106.20
LOTS 19 & 20, BLK 5, SUB. OF RAY & DIANE MANGICAPRA $ 52.00
BLK 5, DELRAY BEACH, PB 23, 5300 W. ATLANTIC AVENUE 70.00 (ADM COST)
P 72, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33484 2.20 (RECORDING)
BEACH COUNTY, FL $ 124.20
(43 & 47 SW 8TH AVENUE)
LOTS 8 & 9/LESS RD R/W, BLK 2, DOLORES A. LIBBY TR. $ 220.00
SOPHIA FREY ADDITION, PB 4, C/O ARNOLD F. KURZINGER 70.00 (ADM COST)
P 37, PUBLIC RECORDS, PALM 4426 GREENEAGLES DRIVE 2.20 (RECORDING)
BEACH COUNTY, FL BOYNTON BEACH, FL 33436 $ 292.20
(911 N. FEDERAL HIGHWAY)
LOT 2~ BLK 85, TOWN OF DELRAY, WM. C. WILLIAMS, III TR. $ 64.00
PB 1, P 3, PUBLIC RECORDS, 3112 VINCENT ROAD 70.00 (ADM COST)
PALM BEACH COUNTY, FL WEST PALM BEACH, FL 33405 2.20 (RECORDING)
(210 EAST ATLANTIC AVENUE) $ 136.20
VIOLATION IS: SEC. 100.1 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
· MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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