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Res 75-91
RESOLUTION NO. 75-91 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, involvinq 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 8th day of Octobert 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 8th day Ci%y clerk ~ - 2 - Res. No. 75-91 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 6, BLK 9, ATLANTIC GARDENS, P. & GENEVA ROBINSON $ 50.00 PB 14, P 53, PUBLIC RECORDS, E. & DELORIS JOHNSON, JR. 70.00 (ADM. COST) PALM BEACH COUNTY, FL 322 NW 3RD STREET 2.50 (RECORDING) (SW llTH AVENUE) BOYNTON BEACH, FL 33435 $122.50 LOT 1, BLK 6, ATLANTIC GARDENS, RIDLEY TEMPLE CHURCH OF $ 12.00 PB 14, P 53, PUBLIC RECORDS, GOD IN CHRIST 70.00 (ADM. COST) PALM BEACH COUNTY, FL 102 SW 12TH AVENUE 2.50 (RECORDING) (SW 12TH AVENUE) DELRAY BEACH, FL 3'3444 $ 84.50 LOT 51, REPL OF PT OF BREEZY SABEH E. & ZEINA S. $ 34.00 RIDGE ESTATES, PB 24, P 116, ABOUISSA 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 2300 NW 2ND STREET 2.50 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33445 $106.50 (2300 NW 2ND STREET) LOT 2, BLK A, CARVER MEMORIAL JULIA SIMMS $ 60.00 PARK, PB 20, P 56, PUBLIC 204 NW 13TH AVENUE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING) (204 NW 13TH AVENUE) $132.50 S150.1' OF W135.1' OF BLK 26, FRED MC COY $ 65.15 TOWN OF DELRAY, PB 5, P 64, 4959 NW 15TH COURT 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH MIAMI, FL 33142 2.50 (RECORDING) COUNTY, FL $137.65 (NW 2ND ST & NW 5TH AVE) LOTS 2 & 3, BLK 8, OSCEOLA PRESTON V. & SARAH $ 94.00 PARK, PB 3, P 2, PUBLIC WILLIAMS 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 1119 W 26TH STREET 2.50 (RECORDING) (706-708 & 710-712 SE 4TH AVE) RIVIERA BEACH, FL 33404 $166.00 LOTS 5 & 6, BLK 8, OSCEOLA DOUGLAS M. & LAURA B. $502.00 PARK, PB 3, P 2, PUBLIC KNIGHT 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 722 SE 4TH AVENUE 2.50 (RECORDING) (722 SE 4TH AVENUE) DELRAY BEACH, FL 33483 $574.50 LOT 3, BLK 5, SOUTHRIDGE, ANDRENOR VIL $ 8.00 PB 13, P 38, PUBLIC RECORDS, DIEU-SEUL VIL 70.00 (ADM. COST) PALM BEACH COUNTY, FL 401 SOUTHRIDGE ROAD 2.50 (RECORDING) (401 SOUTHRIDGE ROAD) DELRAY BEACH, FL 33444 $ 80.50 E20' OF LOT 106 & W40' OF LOT SHARON A. CUNNINGHAM $100.00 107, DELRAY MANOR ADDITION TO A/K/A/ SHARON A. CUSHINE 70.00 (ADM. COST) DELRAY, PB 12, P 59, PUBLIC 607 SW 9TH STREET 2.50 (RECORDING) RECORDS, PALM BEACH COUNTY,. FL DELRAY BEACH, FL 33444 $~72.50 (607 SW 9TH STREET) -3- Res. No. 75-91 LOT 4, BLK A, WEST SIDE STRAGHN ENTERPRISES OF $ 28.00 HEIGHTS, DELRAY, PB 13, P 61, DELRAY BEACH, INC. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 26 SW 5TH AVENUE 2.50 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33444 $100.50 (NW 10TH AVENUE) LOT 15, BLK 95, LINN'S ADD TO GABE & CYNTHIA BANFI $ 24.00 OSCEOLA PARK, PB 1, P 133, C/O BANFI REALTY 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 807 NE 8TH STREET 2.50 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33483 $ 96.50 (SE 4TH AVENUE) LOTS 6 & 7, BLK 95, LINN'S ADD MANUEL T. MOREDA, JR. $ 24..00 TO OSCEOLA PARK, DELRAY, PB 1, MANUEL E. MOREDA 70.00 (ADM. COST} P 133, PUBLIC RECORDS, PALM P.O. BOX 1953 2.50 '(RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33447 $ 96.50 (223 SE 3RD AVENUE) LOTS 13 & 14 (LESS S20'), BLK LISA M. WEBB $ 91.00 60, TOWN OF DELRAY, (OLD 1561 S. CONGRESS AVE #187 70.00 (ADM. COST) SCHOOL SQUARE HISTORIC DELRAY BEACH, FL 33445 2.50 (RECORDING) DISTRICT), PB 1, P 3, PUBLIC ~163.50 RECORDS, PALM BEACH COUNTY, FL (WEST ATLANTIC AVENUE) LOT 22,BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 78.00 PB 6, P 97, PUBLIC RECORDS, 317 SW 5TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING) (SW 4TH AVENUE) $150.50 LOTS 32 & 33, BLK 15, TOWN OF VERA F. GIBSON $ 28.00 DELRAY, PB 13, P 18, PUBLIC P.O. BOX 66 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL INKSTER, MI 48141 2.50 (RECORDING) (SW 6TH AVENUE) $100.50 LOT 17, BLK 1, ATLANTIC PARK ELKANAH HEPBURN $ 50.00 GARDENS, DEL.RAY, PB 14, P 56, 1500 N. CONGRESS AVE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH APT #C-9 2.50 (RECORDING) COUNTY, FL W. PALM BEACH, FL 33401 $122.50 (NW 13TH AVENUE) S50' OF N100' OF W135' OF BLK ALFRED BOSTWICK $ 95.00 20, TOWN OF DELRAY, PB 1, P 3, 1320 PROSPECT STREET 70.00 (ADM. COST} PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.50 (RECORDING) COUNTY, FL $167.50 (NW 6TH AVENUE) S50' OF N200' OF E135' OF BLK MINNIE NEWMAN $ 65.00 10, TOWN OF DELRAY, PB 1, P 3, C/O OSCAR NEWMAN 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 1479 2.50 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33447 $137.50 (NW 6TH AVENUE) -4- Res. No. 75-91 N58' OF S312.12' OF E 135' OF IVERSON LASTER $ 50.00 BLK 10, TOWN OF DELRAY, PB 1, 511 NW 2ND STREET 70.00 (ADM. COST) P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.50 (RECORDING) BEACH COUNTY, FL $122.50 (NW 6TH AVENUE) LOTS 11 THRU 16, BLK 35, DEL STANLEY M. & $ 83.75 RATON PARK, PB 14, P 9, PUBLIC BARBARA C. LEVY 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 875 SOLDIER HILL RD 2.50 (RECORDING) (FREDERICK BLVD.) ORADELL, NJ 07649 $156.25 LOTS 1 TO 5 INC., (LESS W38' STANLEY M. LEVY $161.23 ST R/W) & ABANDONED 10' ALLEY 875 SOLDIER HILL RD 23.34 (ADM. COST) E OF & ADJ THERETO, BLK 24, ORADELL, NJ 07649 2.50 (RECORDING) DEL RATON PARK, .PB 14, P 9, $187.07 PUBLIC RECORDS, PALM BEACH COUNTY, FL (FREDERICK BLVD. ) LOTS 13 TO 22 INC., & E 1/2 STANLEY M. & $161.21 OF ABNDED ALLEY LYG W OF & ADJ BARBARA C. LEVY 23.33 (ADM. COST) THERETO, BLK 24, DEL RATON 875 SOLDIER HILL RD 2.50 (RECORDING) PARK, PB 14, P 9, PUBLIC ORADELL, NJ 07649 $187.04 RECORDS, PALM BEACH COUNTY, FL (FREDERICK BLVD. ) LOTS 23, 24 & W 1/2 OF ABNDED STANLEY M. LEVY $161.21 ALLEY LYG E OF & ADJ THERETO, 875 SOLDIER HILL RD 23.33 (ADM. COST) BLK 24, DEL RATON PARK, PB 14, ORADELL, NJ 07649 2.50 (RECORDING) P 9, PUBLIC RECORDS, PALM $187.04 BEACH COUNTY, FL (FREDERICK BLVD. ) LOT 12, LINCOLN PARK, DELRAY, SAMUEL JONES $ 75.00 PB 23, P 160, PUBLIC RECORDS, 914 SW 1ST STREET 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING) (145 SW 10TH AVENUE) $147.50 LOT 21 & N 1/2 OF LOT 22, BLK V.C. & A.P. NOCERA TRUST $100.00 87, LINN'S ADD TO OSCEOLA 626 WEST DRIVE 70.00 (ADM. COST) PARK, DELRAY, PB 1, P 133, DELRAY BEACH, FL 33445 2.50 (RECORDING) PUBLIC RECORDS, PALM BEACH $172.50 COUNTY, FL (236 SE 3RD AVENUE) W35' OF E135' OF N100' & S50' ETHEL BAIN $ 44.00 OF N100' OF E35.5' OF W135.5' C/O G. H. BAIN 70.00 (ADM. COST) OF BLK 31, TOWN OF DELRAY, 545 NW 5TH STREET 2.50 (RECORDING) PB 1, P 3,. PUBLIC RECORDS, BOYNTON BEACH, FL 33435 $116.50 PALM BEACH COUNTY, FL (SW 2ND STREET) -5- Res. No. 75-91 LOTS 49 & 50 (LESS S10'), ANPE INC. $991.00 SUNSET PARK, DELRAY, PB 12, P.O. BOX 3215 70.00 (ADM. COST) P 65, PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33424 2.50 (RECORDING) BEACH COUNTY, FL $1063.50 (MANGO DRIVE & SW 10TH ST) LOT 19, SUNDY & TENBROOK ADD. J.E. & KAY B. WOMACK $ 32.00 TO DELRAY, PB 12, P 32, PUBLIC P.O. BOX 2493 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 2.50 RECORDING) (SW 4TH AVENUE) $!04.50 LOT 53, SUNSET PARK, DELRAY, SUN BANK/SOUTH FLORIDA NA $ 64.00 PB 12, P 65, PUBLIC RECORDS, C/O JACK F. WEINS 70.00 (ADM. COST) PALM BEACH COUNTY, FL 2255 GLADES RD 2.50 (RECORDING) (1021 MANGO DRIVE) BOCA RATON, FL 33022 $136.50 LOT 54, SUNSET PARK, DELRAY, TOMASA .R. CRUZ $201.00 PB 12, P 65, PUBLIC RECORDS, 409 NW 7TH COURT 35.00 (ADM. COST) PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 2.50 (RECORDING) (MANGO DRIVE) $238.50 LOT 55, SUNSET PARK, DELRAY, TOMASA R. CRUZ $201.00 PB 12, P 65, PUBLIC RECORDS, 409 NW 7TH COURT 35.00 (ADM. COST) PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 2.50 (RECORDING) (MANGO DRIVE) $238.50 THE PT OF LOT 20 LYG E OF CONGRESS ASSOCIATION $286.00 CONGRESS AVENUE/LESS E468.31' 2455 E.SUNRISE BLVD %1106 70.00 (ADM. COST) S OF LAKE IDA RD & N OF CNL FT.LAUDERDALE, FL 33304 2.50 (RECORDING) L32, BLK 1, DELRAY SHORES, $358.50 PB 24, P 233, PUBLIC RECORDS, PALM BEACH COUNTY, FL (CONGRESS AVE & LAKE IDA RD) LOTS 21 & 22, BLK C, RIDGEWOOD DOLORES BORREGO $ 84.00 HEIGHTS, DELRAY, PB 14, P 44, 1101 SW 8TH STREET 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.50 (RECORDING) COUNTY, FL $156.50 (SW 7TH AVENUE) LOT 1, BLK 2, FAIRLAWN, PB 25, L.E. & LILLIE M.STRAINGE $ 48.00 P 159, PUBLIC RECORDS, PALM 312 NW 10TH AVENUE 70.00 (ADM. COST) BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING) (127-129 NW 13TH AVENUE) $120.50 N69.5' OF LOT 9, BLK 78, TOWN DOROTHY MAGER $100.00 OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL LAKE WORTH, FL 33461 2.50 (RECORDING) (SE 1ST STREET & SE 2ND AVE) $172.50 LOT 29, BLK 3, DELRAY SHORES, YVONNE RAMEAU $ 85.00 PB 24, P 233, PUBLIC RECORDS, P.O. BOX 3102 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 2.50 (RECORDING) (3425 DORSON WAY) $157.50 -6- Res. No. 75-91 LOT 13 (LESS E4') & E 1/2 OF WILLIAM & CHRISTINE BROWN $ 50.64 ABNDED ALLEY LYG WLY 'OF & ADJ 1108 LAKE DRIVE 23.34 (ADM. COST) THERETO, PINEVIEW, DELRAY, DELRAY BEACH, FL 33444 2.50 (RECORDING) PB 12, P 89, PUBLIC RECORDS~ $ 76.48 PALM BEACH COUNTY, FL (NW 1ST AVENUE & NW 9TH ST) E4' LOT 13 & LT 14 PINE VIEW, WILLIAM & CHRISTINE BROWN $ 50.62 DELRAY, PB 12, P 89, PUBLIC 1108 LAKE DRIVE 23.33 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.50 (RECORDING) (NW lST AVENUE & NW 9TH ST) $ 76.45 LOT 15 & E 1/2 OF ABND ALLEY WILLIAM & CHRISTINE BROWN $ 50.62 LYG WLY OF & ADJ THERETO, 1108 LAKE DRIVE 23.33 (ADM. COST) PINEVIEW, DELRAY, PB 12, P 89, DELRAY BEACH, FL 33444 2.50 (RECORDING) PUBLIC RECORDS, PALM BEACH $ 76.45 COUNTY, FL (NW 1ST AVENUE & NW 9TH sT) W35' OF E135' OF N100' AND ETHEL BAIN $ 24.00 S50' OF N100' OF E35.5' OF C/O G. H. BAIN 70.00 (ADM. COST) W135.5' OF BLK 31, TOWN OF 545 NW 5TH STREET 2.50 (RECORDING) DELRAY, PB 1, P 3, PUBLIC BOYNTON BEACH, FL 33435 $ 96.50 RECORDS, PALM BEACH COUNTY, FL. (SW 2ND STREET) VIOLATION IS: SEC. 100.01 LAND T© BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -7- Res. No. 75-91