Res 63-91 RESOLUTION NO. 63-91
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 whereio 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
trespective 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 27th 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
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 27th day
of August , 1991. ~~~~
ATTEST:
City Cl~fk
- 2 - Res. No. 63-91
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 3 & 4, BLK 72, TOWN OF THOMAS G. MURRAY $ 51.00
~ELRAY, PB 10, P 57, PUBLIC DEBORAH L. NOCERA 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 6159 LA VIDA TERR 2.72 (RECORDING)
(309 SOUTH SWINTON AVENUE) BOCA RATON, FL 33433 $123.72
'LOT 17, BLK 2, PRIEST'S ADD W. & LOIS CLEMONS $ 85.00
TO ATLANTIC PARK GARDENS, 118 SW 14TH AVENUE 70.00 (ADM. COST)
PB 23, P 70, PUBLIC RECORDS, BOX 1151 2.72 (RECORDING)
'PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 $157.72
(118 SW 14TH AVENUE)
N35' OF LOT 3, BLK D, J. & MARIA URIDIALES $ 56.00
RIDGEWOOD HEIGHTS, DELRAY, 1401 NW 1ST COURT 70.00 (ADM. COST)
PB 14, P 44, PUBLIC RECORDS, BOYNTON BEACH, FL 33436 2.72 (RECORDING)
PALM BEACH COUNTY, FL $128.72
(SW 7TH AVENUE)
S5' OF LOT 1 & N71.5' OF SYLVIA SCHUPLER, TRUST $ 16.00
LOT 2, BLK 30, TOWN OF DELRAY, 3101 WASHINGTON ROAD 70.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, W. PALM BEACH, FL 33405 2.72 (RECORDING)
PALM BEACH COUNTY, FL $ 88.72
(SW 5TH AVENUE)
N70' OF E 136' OF BLK 71, WILBERT H. & $ 20.00
TOWN OF DELRAY, PB 1, P 3, GLORIA D. JONES & 70.00 (ADM. COST)
.PUBLIC RECORDS, PALM BEACH CLAYTON N. JONES 2.72 (RECORDING)
COUNTY, FL 206 SW 14TH AVENUE $ 92.72
(22 SE 2ND STREET) DELRAY BEACH, FL 33444
LOT 5, BLK 7, OSCEOLA PARK, SCOTT & JANE E. LAYMAN $ 96.00
PB 3, P 2, PUBLIC RECORDS, WM. & MARILYN HUTCHESON 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 225 NE 25TH STREET 2.72 (RECORDING)
(618 SE 4TH AVENUE) BOCA RATON, FL 33431 $168.72
'S1/2 OF LOT 13 & LOT 14, PAUL PIAZZOLLA JR. $ 88.00
BLK 70, (OLD SCHOOL SQUARE 3701 N. DIXIE HWY. 70.00 (ADM. COST)
HISTORIC DISTRICT), SUNDY & POMPANO BEACH, FL 33064 2.72 (RECORDING)
CROMER AMND. PL., PB 6, P 70, $160.72
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(130-132 SE lST AVENUE)
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S1/2 OF LOT 19 & LOT 20, ARTHUR C & DEBRA HAFEMANN $262.00
BLK 88, LINN'S ADD TO OSCEOLA 9898 E WATERMILL CIRCLE 70.00 (ADM. COST)
PARK, PB 1, P 133, PUBLIC BOYNTON BEACH, FL 33437 2.72 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL $334.72
(330 SE 3RD AVENUE)
~OT 21, BLK 95, LINN'S ADD TO THOMAS MELBA & JOHN MILLS $121.00
OSCEOLA PARK, DELRAY, PB 1, JOHN FALKENHAGEN 70.00 (ADM. COST)
P 133, PUBLIC RECORDS, PALM 1012 VISTA DEL MAR 2.72 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33483 $193.72
'(236 SE 4TH AVENUE)
LOT 23, BLK 23, TOWN OF GRACE BARNETT $ 70.00
~DELRAY, PB 10, P 69, PUBLIC 1401 39TH STREET 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL W. PALM BEACH, FL 33407 2.72 (RECORDING)
(SW 3RD STREET) $142.72
S'LY 85' OF N482.62' OF E 1/2 MATTIE M. CREASMAN $133.41
OF W 1/2 OF LOT 30 IN MTGE BK RR 1 BOX 362 70.00 (ADM. COST)
616, P 556, (LESS THE PT IN DB ANDREWS, NC 28901 2.72 (RECORDING)
1029, P 416), SUB. OF SEC. $206.13
20-46-43.
(GERMANTOWN ROAD)
S67.1' OF N142.1' OF. W130.44' J. PIERRE-PAUL CADET $ 75.00
OF E155.44' OF E 1/2 OF S 1/2 702 WEST ATLANTIC AVE. 70.00 (ADM. COST)
OF BLK 4, TOWN OF DELRAY, DELRAY BEACH, FL 33444 2.72 (RECORDING)
PB 1, P 3, PUBLIC RECORDS, $147.72
PALM BEACH COUNTY, FL
(NW 7TH AVENUE)
.LOT 21, BLK B, TOURIST NOOK, RUSSELL E. BROWN $ 28.00
DELRAY, PB 11, P 47, PUBLIC C/O JUNE DIMON 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 9720 WILLOW ROAD 2.72 (RECORDING)
'(NW 8TH AVENUE) WILLIS, MI 48191 $100.72
.LOT 5, HIGH ACRES, PB 21, BLUE STAR BUILDERS, INC. $ 22.00
P 65, PUBLIC RECORDS, PALM 2044 NW 52ND STREET 70.00 (ADM. COST)
BEACH COUNTY, FL BOCA RATON, FL 33496 2.72 (RECORDING)
.(109 NW 16TH STREET) $ 94.72
LOT 3, ESQUIRE SUB., PB 23, U.S. MARSHALL'S SERVICE $151.30
P 43, PUBLIC RECORDS, PALM C/O KEN DEAL 70.00 (ADM. COST)
BEACH COUNTY, FL 301 N.MIAMI AVE.RM. #205 2.72 (RECORDING)
(1012 GERMANTOWN ROAD) MIAMI, FL 33128-7785 $224.02
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E50' OF W583' OF S140' OF JACQUEL DAWSON $ 65.00
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, SEC. ESTATE TUTU #E-7 2.72 (RECORDING)
17-46-43, PB 1, P 3, PUBLIC ST. THOMAS, VI 00801 $137.72
RECORDS, PALM BEACH COUNTY,FL
{NW 2ND STREET)~
'LOT 290, TROPIC PALMS PLAT 1, RAYMOND & DIANE $ 65.00
PB 25, P 99, PUBLIC RECORDS, MANGICAPRA 70.00 (ADM COST)
PALM BEACH COUNTY, FL 5300 W. ATLANTIC AVE 2.72 (RECORDING)
'(720 HERON DRIVE) DELRAY BEACH, FL 33484 $137.72
S50' OF N200' OF E131.39' OF LILLIE ROLLE BAKER $155.00
~156.39' OF BLK 16, TOWN OF 735 E CHATELAINE BLVD 70.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC DELRAY BEACH, FL 33445 2.72 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL $227.72
(SW 7TH AVENUE)
LOTS 56 TO 58, INC., SUNSET MANUEL MOREDA $105.00
PARK, DELRAY, PB 12, P 65, MANUEL E. MOREDA 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 1953 2.72 (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33447 $177.72
(MANGO DRIVE)
LOT 24, BLK A, WEST SIDE DURANTE-STROCK INC. $ 50.00
HEIGHTS, DELRAY BEACH, PB 13, 2160 W ATLANTIC AVE #100 70.00 (ADM. COST)
P 61, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 2.72 (RECORDING)
BEACH COUNTY, FL $122.72
(NW 9TH AVE & NW 2ND ST)
LOTS 20 & 21, BLK 6, OSCEOLA DUMELLE SIDOLES,JOHN $115.00
.PARK, PB 3, P 2, PUBLIC CORNEILLE & MICHAEL ELME 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 119 SE 6TH STREET 2.72 (RECORDING)
(119 SE 6TH STREET) DELRAY BEACH, FL 33444 $187.72
S30' OF LOT 6, BLK 28, TOWN OF LEONARD DAVIS $292.25
.DELRAY, PB 1, P 3, PUBLIC C/O GENERAL DELIVERY 70.00 (ADM. COST)
~RECORDS, PALM BEACH COUNTY, FL VA BRANCH P.O. 2.72 (RECORDING)
(NW 5TH AVENUE) LOS ANGELES, CA 90073 $364.97
LOT 1, SELLERS REPL., PB 22, ODETTE DAUPHIN $ 20.00
P 17, PUBLIC RECORDS, PALM PHILOSTIN M. PHILOGENE 70.00 (ADM. COST)
BEACH COUNTY, FL 598 S. SWINTON AVENUE 2.72 (RECORDING)
(598 S. SWINTON AVENUE) DELRAY BEACH, FL 33444 $ 92.72
LOT 16, BLK 103, TOWN OF FARRELL W & $ 78.00
DELRAY, PB 2, P 19, PUBLIC NANCYE K. CURRAN 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 233 SE 4TH AVENUE 2.72 (RECORDING)
(233 SE 4TH AVENUE) DELRAY BEACH, FL 33483 $150.72
-5- Res. No. 63-91
LOT 19, BLK 2, ATLANTIC PARK J.D. & EARLINE MONROE
GARDENS, DELRAY, PB 14, P 56, 58 KENT STREET $ 36.00
PUBLIC RECORDS, PALM BEACH HARTFORD, CT 06112 70.00 (ADM. COST)
COUNTY, FL 2.72 (RECORDING)
(SW 13TH AVENUE) $108.72
.LOT 4, BLK C, WEST SIDE HATTIE L. HARDWICK EST.
HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL $ 28.00
PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE STREET 70.00 (ADM. COST)
COUNTY, FL BROOKLYN, NY 11233 2.72 (RECORDING)
'(NW 10TH AVENUE) $100.72
LOTS 10 TO 16 INC., BLK 15, WILLIE WRIGHT
TOWN OF DELRAY, PB 13, P 18, 106 NW 12TH AVENUE $ 72.00
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 70.00 (ADM. COST)
COUNTY, FL 2.72 (RECORDING)
(215-217 SW 7TH AVENUE) $144.72
LOT 20, BLK 2, PRIEST'S ADD CARRIE M. CLINTON
TO ATLANTIC PARK GARDENS, 132 SW 14TH AVENUE $ 72.00
PB 23, PAGE 70, PUBLIC DELRAY BEACH, FL 33444 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 2.72 (RECORDING)
(132 SW 14TH AVENUE) $144.72
LOT 4, LINCOLN ATLANTIC PARK JAMES CLINTON ET AL
GARDENS, PB 23, P 226, PUBLIC 333 NW 3RD AVENUE $ 70.00
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 70.00 (ADM. COST)
(113-115 SW 14TH AVENUE) 2.72 (RECORDING)
$142.72
LOT 7, BLK 26, TOWN OF DELRAY, ABISSET CORP., INC.
PB 5, P 24, PUBLIC RECORDS, P.O. BOX 7123 $ 52.00
.PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 70.00 (ADM. COST)
(NW 4TH AVENUE) 2.72 (RECORDING)
$124.72
'TRACT A, SUNNY HEIGHTS AMND., DORIAS L. NOBLE, ESTATE
PB 27, P 194, PUBLIC RECORDS, 611 MEADOW $ 24.00
~PALM BEACH COUNTY, FL LANTANA, FL 33462 70.00 (ADM. COST)
.~(SW 4TH AVENUE) 2.72 (RECORDING)
$ 96.72
'VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No, 63-91