Res 81-91 RESOLUTION NO. 81-91
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 29th 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 th' the 29th day
of n~nh~ , 1991.
ATTEST: ' M A Y ~
City Clerk !
- 2 - Res. No. 81-91
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
S4.75' OF LOT 8 & LOT 9, BLK 7, ROBERT & ANNA SLOCUM $ 39.00
OSCEOLA PARK, PB 3, P 2, 630 SE 4TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 2.35 (RECORDINg)
COUNTY, FL $111.35
(636 SE 4TH AVENUE)
W75' OF E175' OF N160' OF LUCRETIA WALKER $144.00
W 1/2 OF S 1/2 OF LOT 5, SUB. 601 SW 8TH AVENUE 70.00 (ADM. COST)
OF SEC. 8-46-43, PB 1, P 3, DELRAY BEACH, FL 33444 2.35 (RECORDING)
PUBLIC RECORDS, PALM BEACH $216.35
COUNTY, FL
(LAKE IDA ROAD)
S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS $ 34.00
BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 70.00 (ADM. COST)
P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.35 (RECORDING)
BEACH COUNTY, FL $106.35
(303 SW 2ND AVENUE)
LOTS 1 TO 31 INC., W 1/2 OF SOUTH ATLANTIC CONFERENCE $629.00
ABNDED SW 6TH AVE. LYG E OF & ASSN. OF SEVENTH DAY 70.00 (ADM. COST)
ADJ TO LOTS 1, 22 TO 31 & 12' ADVENTIST INC. 2.35 (RECORDING)
ABNDED ALLEYS LYG WITHIN BLK. 201 NW 3RD AVENUE $701.35
A, RIDGEWOOD HEIGHTS, DELRAY, DELRAY BEACH, FL 33444
PB 14, P 44, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(SW 10TH STREET & SW 7TH AVE)
E50' OF W450' OF S135' OF CEDONIA BROWN $ 35.00
W 1/2 OF S 1/2 OF LOT 5, SUB. 502 SW 14TH AVENUE 70.00 (ADM. COST)
OF SEC. 8-46-43, PB 1, P 3, DELRAY BEACH, FL 33444 2.35 (RECORDING)
PUBLIC RECORDS, PALM BEACH $107.35
COUNTY, FL
(NW 4TH STREET)
S5' OF LOT 1 & N71.5' OF LOT 2, SYLVIA SCHUPLER TR. $ 65.00
BLK 30, TOWN OF DELRAY, PB 1, 3101 WASHINGTON ROAD 70.00 (ADM. COST)
PAGE 3, PUBLIC RECORDS, PALM WEST PALM BEACH, FL 33405 2.35 (RECORDING)
BEACH COUNTY, FL $137.35
(SW 5TH AVENUE)
ALL OF PLAT, CORNICHE, PUBLIC CRAFT DEV II, INC. $ 58.42
RECORDS, PALM BEACH COUNTY, FL 18559 LONG LAKE DRIVE 70.00 (ADM. COSTI
(SE 6TH AVENUE) BOCA RATON, FL 33496 2.35 (RECORDING)
$130.77
LOT 3, BLK 2, RIO DEL REY JAMES GINESI $ 31.69
SHORES, .PB 25, P 5, PUBLIC 363A BRICKYARD ROAD 35.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL FREEHOLD, NJ 07728 2.35 (RECORDING)
(SE 6TH AVENUE) $ 69.04
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LOT 4, BLK 2, RIO DEL REY JAMES GINESI $ 31.68
SHORES, PB 25, P 5, PUBLIC 363A BRICKYARD ROAD 35.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL FREEHOLD, NJ 07728 2.35 (RECORDING)
(SE 6TH AVENUE) $ 69.03
E50' OF W175' OF N160' OF W BEATRICE & BOBBY L. $ 60.00
1/2 OF S 1/2 OF LOT 5, SUB. OF GRAHAM 70.00 (ADM. COST)
SEC. 8-46-43, PB 1, P 3, 721 NW 4TH STREET 2.35 (RECORDING)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 $132.35
COUNTY, FL
(714 LAKE IDA ROAD)
N50' OF S250' OF E135' OF ANNIE O'NEAL $360.00
W285' OF S 1/2 OF N 1/2 OF 127 NW 6TH AVENUE 70.00 (ADM. COST)
LOT 6, SUB. OF SEC. 17-46-43, DELRAY BEACH, FL 33444 2.35 (RECORDING)
PB 1, P 3, PUBLIC RECORDS, $432.35
PALM BEACH COUNTY, FL
(NW llTH AVENUE)
LOT 10, BLK 2, KENMONT SUB., WILLIAM CARTWRIGHT $397.00
PB 20, P 65, PUBLIC RECORDS, C/O COPELAND & KRAMER 70.00 (ADM. COST)
PALM BEACH COUNTY, FL P.O. BOX 2421 2.35 (RECORDING)
(710 BOND WAY) STUART, FL 34995 $469.35
E131.3' OF S50' OF N250' OF OTIS & MARION WILLIAMS $ 60.00
N 1/2 OF BLK 16, TOWN OF 318 SW 6TH AVENUE 70.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC DELRAY BEACH, FL 33444 2.35 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL $132.35
(318 SW 6TH AVENUE)
LOT 5, HIGH ACRES, PB 21, BLUE STAR BUILDERS, INC. $ 22.00
P 85, PUBLIC RECORDS, PALM 2044 NW 52ND STREET 70.00 (ADM. COST}
BEACH COUNTY, FL BOCA RATON, FL 33496 2.35 (RECORDING)
(109 NW 16TH STREET) $ 94.35
LOT 3 & N 1/3 OF LOT 4, BLK JOANNA B. & ROBERT L. $ 76.00
43, TOWN OF DELRAY, PB 1, P 3, BRADLEY 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 2824 NW 9TH PLACE 2.35 (RECORDING)
COUNTY, FL FT. LAUDERDALE, FL 33311 $148.35
(NW 3RD AVENUE)
LOT 3, BLK C, RIDGEWOOD ORISTYNE E. WALKER $ 40.00
HEIGHTS, DELRAY, PB 14, P 44, C/O ORIS WALKER 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 707 NW 3RD STREET 2.35 (RECORDING)
COUNTY, FL BOYNTON BEACH, FL 33435 $112.35
(SW 8TH AVENUE)
LOTS 12 & 13, BLK B, RIDGEWOOD STRAGHN ENTERPRISES OF $ 46.00
HEIGHTS, DELRAY, PB 14, P 44, DELRAY BEACH 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 3817 SW DORSON WAY 2.35 (RECORDING)
COUNTY, FL DELRAY BEACH,.FL 33445 $118.35
(1013 SW 8TH AVENUE)
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LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G. & PATRICIA $ 65.00
PB 12, P 81, PUBLIC RECORDS, ALLEN 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 206 SW 2ND AVENUE 2.35 (RECORDING)
(206 SW 2ND AVENUE) DELRAY BEACH, FL 33444 $137.35
LOT 15/LESS S20' RD R/W, BLK LISA WEBB $ 65.00
60 (OLD SCHOOL SQUARE HISTORIC 1561 S.CONGRESS AVE.#187 70.00 (ADM. COST)
DISTRICT) TOWN OF DELRAY, PB 1, DELRAY BEACH, FL 33445 2.35 (RECORDING)
P 3, PUBLIC RECORDS, PALM $137.35
BEACH COUNTY, FL
(WEST ATLANTIC AVENUE)
LOT 13, BELLHAVEN UNIT A, MARY E. & LEON HOUSTON $ 50.00
PB 26, P 164, PUBLIC RECORDS, 329 SW 12TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.35 (RECORDING)
(329 SW 12TH AVENUE) $122.25
LOT 8, BELLHAVEN UNIT A, JO ANN 'AIKENS $ 65.00
PB 26, P 164, PUBLIC RECORDS, 1250 SW 25TH WAY 70.00 (ADM. COST)
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 2.35 (RECORDING)
(328 SW llTH AVENUE) $137.35
THE PT OF ELY77.41' OF N100' COMMUNITY LAND CORP ET AL $155.00
OF S125' OF W 1/4 OF LOT 5, BOX 50001 70.00 (ADM. COST)
LYG ELY OF 1-95 R/W, SUB OF LIGHTHOUSE PT, FL 33074 2.35 (RECORDING)
SEC 17-46-43, PB 1, P 3, $227.35
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(SW 15TH AVENUE)
LOT 10, BLK 25, TOWN OF DELRAY, DAVID HARGROVE $ 80.00
PB 5, P 2, PUBLIC RECORDS, 220 NW 4TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DEERFIELD BEACH, FL 33441 2.35 (RECORDING)
(NW 5TH AVENUE & NW 3RD ST) $152.35
LOT 1, BLK 9, REPLAT DELRAY STEWART DAVIS $ 65.00
BEACH HEIGHTS EXT. SECTIONS A 1640 STONEHAVEN DRIVE #2 70.00 (ADM. COST)
& B, PB 27, P 10, PUBLIC BOYNTON BEACH, FL 33436 2.35 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL $137.35
(SW 12TH AVENUE)
LOTS 1 & 2, PARADISE HEIGHTS, CHARLENE G. PATRICK $ 50.00
PB 24, P 113, PUBLIC RECORDS, P.O. BOX 97841 70.00 (ADM. COST)
PALM BEACH COUNTY, FL RALEIGH, NC 27624 2.35 (RECORDING)
(NW 6TH AVENUE) $12'2.35
N30' OF E135' OF BLK 10, TOWN JAMES & BERNICE IVY $ 40.00
OF DELRAY, PB 1, P 3, PUBLIC 510 E 28TH STREET 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL PATTERSON, NJ 07514 2.35 (RECORDING)
(NW 6TH AVENUE & NW 3RD ST) $112.35
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S50' OF N200' OF W120' OF BLK EDWIN C. IVY $ 80.00
25, TOWN OF DELRAY, PB 5, P 2, 519 SW 15TH TERRACE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2'.35 (RECORDING)
COUNTY, FL $152.35
(NW 5TH AVENUE)
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 2.35 (RECORDING)
COUNTY, FL BROOKLYN, NY 11233 $122.35
(NW 10TH AVENUE)
LOT 32, JEFFERSON MANOR, PB 24, L. C. BRYANT ESTATE $ 24.00
P 150, PUBLIC RECORDS, PALM 3336 VILLANDRY AVENUE 70.00 (ADM. COST)
BEACH COUNTY, FL DELRAY BEACH, FL 33445 2.35 (RECORDING)
(1331 PROSPECT STREET) $ 96.35
LOTS 10 TO 16, INC., BLK 15, WILLIE 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 2.35 (RECORDING)
COUNTY, FL $144.35
(215-217 SW 7TH AVENUE)
LOTS 3 & 4, BLK 8, DELL PARK, RICHARD A COURT $ 32.00
PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.35 (RECORDING)
(1012 NE 3RD AVENUE) $104.35
LOT 2/LESS N20' BLK 61 (OLD LUCIUS SIMMONS $ 64.00
SCHOOL SQUARE HISTORIC 1301 KANAB AVENUE NW 70.00 (ADM. COST)
DISTRICT), TOWN OF DELRAY, PALM BAY, FL 32907 2.35 (RECORDING)
PB 1, P 3, PUBLIC RECORDS, $136.35
PALM BEACH COUNTY, FL
(50 WEST ATLANTIC AVENUE)
LOTS 23 & 24, BELLVIEW COURT, THOMAS E. ACHESON, JAMES $ 82.00
PB 11, P 45, PUBLIC RECORDS, P.COGSWELL & R.C.CREASE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 114 SW 9TH STREET 2.35 (RECORDING)
(114 SW 9TH STREET) DELRAY BEACH, FL 33444 3154.35
LOTS 19 & 20, BLK 5, SUB. OF RAYMOND & DIANE $ 70.00
BLK. 5, DELRAY BEACH, PB 23, MANGICAPRA 70.00 (ADM. COST)
P 72, PUBLIC RECORDS, PALM 1301 W BOYNTON BEACH BLVD 2.35 (RECORDING)
BEACH COUNTY, FL BOYNTON BEACH FL 33426 $142.35
(43 & 47 SW 8TH AVENUE)
LOT 13, BELLHAVEN UNIT B, PB GREGORY J. HIBBS $ 60.00
27, P 27, PUBLIC RECORDS, PALM 600 SW 4TH AVENUE 70.00 (ADM. COST)
BEACH COUNTY, FL FT. LAUDERDALE, FL 33315 2.35 (RECORDING)
(343 SW llTH AVENUE) $132.35
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E20' OF LOT 106 & W40' OF LOT SHARON A. CUNNINGHAM $ 52.00
107, DELRAY MANOR ADD TO A/K/A/ SHARON A CUSHINE 70.00 (ADM. COST)
DELRAY, PB 12, P 59, PUBLIC 607 SW 9TH STREET 2.35 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 $124.35
(607 SW 9TH STREET)
LOT 27, BLK 8, ATLANTIC MICHAEL SHULER $ 52.00
GARDENS, DELRAY, PB 14, P 63, 38 SW 10TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.35 (RECORDING)
COUNTY, FL $124.35
(38 SW 10TH AVENUE)
N50' OF S100' OF E32.5' OF WILLIE F. QUINCE $208.00
W195' OF S 1/2 OF N 1/2 OF 102 SW 9TH'AVENUE 15.00 (ADM. COST)
LOT 6, SUB OF SEC 17-46-43, DELRAY BEACH, FL 33444 2.35 (RECORDING)
PB 1, P 3, PUBLIC RECORDS, $225.35
PALM BEACH COUNTY, FL
(NW llTH AVENUE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-7- Res. No. 81-91