Res 92-91 RESOLUTION NO. 92-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR. ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 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 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code Of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 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; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 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 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
Section 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 and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of ~he 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 3rd day of December~ 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.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein and 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 (81 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.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the 3rd
day of December , 1991.
ATTEST:
City Clerk
-2- Res. No. 92-91
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 8 & 9 (LESS RD R/W), DELORES A. LIBBY $275.00
BLK 2, SOPHIA FREY ADD., 8 HAZEL STREET 50.00 (ADM. COST)
PB 4, P 37, PUBLIC RECORDS, CRANFORD, NJ 07016 2.64 (RECORDING)
PALM BEACH COUNTY, FL $327.64
(911 NO FEDERAL HIGHWAY)
LOT 8, BLK 43, TOWN OF DELRAY, LUCILLE D. ANTHONY $ 38.90
PB 1, P 3, PUBLIC RECORDS, C/O GERTRUDE CARTER 65.00 (ADM. COST)
PALM BEACH COUNTY, FL 213 NW 15TH AVENUE 2.64 (RECORDING)
(103 NW 3RD AVENUE) DELRAY BEACH, FL 33444 $106.54
LOTS 13 TO 19 INC., LINCOLN AMERICAN CANADIAN TRUST $ 38.90
ATLANTIC PARK GARDENS, PB 23, COMPANY 65.00 (ADM. COST)
P 226, PUBLIC RECORDS, PALM 417 E.VIRGINIA STREET #1 2.64 (RECORDING)
BEACH COUNTY, FL TALLAHASSEE, FL 32301 $106.54
(110-112 SW 13TH AVENUE)
THE PT OF E'LY77.41' OF N100' COMMUNITY LAND CORP. $ 38.70
OF S125' OF W 1/4 OF LOT 5 LYG BOX 50001 65.00 (ADM. COST)
E'LY OF 1-95 R/W, SUB OF LIGHTHOUSE PT, FL 33074 2.64 (RECORDING)
SEC 17-46-43, PB 1, P 3, $106.34
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(SW 15TH AVE & SW 2ND ST)
LOT 22, BLK 4, ATLANTIC PARK LENNARD & MEARLENE JOSEY $ 38.70
GARDENS, PB 14, P 56, PUBLIC 206 SW 13TH AVENUE 65.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.64 (RECORDING)
(238-240 SW 12TH AVENUE) $106.34
THE PT OF S107.75' OF N431.75' G.A. & MAMIE DAILEY $ 38.70
OF E 1/2 OF W 1/2 OF LOT 30 IN 1127 GERMANTOWN ROAD 65.00 (ADM. COST)
DB 1029, P 416,(LESS PAR IN DELRAY BEACH, FL 33444 2.64 (RECORDING)
OR 1428 P 22, ACCORDING TO $106.34
PB 28, P 68 OF THE OFFICIAL
RECORDS, PALM BEACH COUNTY, FL
SUB OF SEC 20-46-43, PB 28,
P 68, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(1127 1/2 GERMANTOWN ROAD)
LOT 21, BLK 3, ATLANTIC PARK DORIS G. HAYNES $ 38.70
GARDENS, DELRAY, PB 14, P 56, 134 SW 12TH AVENUE 65.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.64 (RECORDING)
COUNTY, FL $106.34
(134 SW 12TH AVENUE)
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S5' OF LOT 1 & N71.5' OF LOT SYLVIA SCHUPLER $ 38.70
2, BLK 30, TOWN OF DELRAY, 3101 WASHINGTON ROAD 65.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, WEST PALM BEACH, FL 33405 2.64 (RECORDING)
PALM BEACH COUNTY, FL $106.34
(109 SW 5TH AVENUE)
LOTS 1 THRU 21 INC., BLK 1, S & S ONE LTD. $ 19.35
DELRAY BEACH HEIGHTS EXT B, 3300 S. CONGRESS AVE #7 32.50 (ADM. COST)
PB 27, P 10, PUBLIC RECORDS, BOYNTON BEACH, FL 33426 2.64 (RECORDING)
PALM BEACH COUNTY, FL $ 54.49
(700 BLK SW 17TH AVENUE)
LOTS 1 THRU 21. INC., BLK 1, S & S ONE LTD. $ 19.35
DELRAY BEACH HEIGHTS EXT B, 3300 S. CONGRESS AVE #7 32.50 (ADM. COST)
PB 27, P 10, PUBLIC RECORDS, BOYNTON BEACH, FL 33426 2.64 (RECORDING)
PALM BEACH COUNTY, FL $ 54.49
(700 BLK SW 17TH AVENUE)
LOTS 1 THRU 21 INC., BLK 1, S & S LTD. $ 19.35
DELRAY BEACH HEIGHTS EXT B, 3300 S. CONGRESS AVE #7 32.50 (ADM. COST)
PB 27, P 10, PUBLIC RECORDS, BOYNTON BEACH, FL 33426 2.64 (RECORDING)
PALM BEACH COUNTY, FL $ 54.49
(700 BLK SW 17TH AVENUE)
LOTS 1 THRU 21 INC., BLK 1, S & S ONE LTD. $ 19.35
DELRAY BEACH HEIGHTS EXT B, 3300 S. CONGRESS AVE #7 32.50 (ADM. COST)
PB 27, P 10, PUBLIC RECORDS, BOYNTON BEACH, FL 33426 2.64 (RECORDING)
PALM BEACH COUNTY, FL $ 54.49
(700 BLK SW 17TH AVENUE)
LOT 2, BLK 63, TOWN OF DELRAY, BERTHA LAURENT $ 38.70
PB 6, P 3, PUBLIC RECORDS, 218 SOUTH SWINTON AVENUE 65.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.64 (RECORDING)
(218-220 SO SWINTON AVENUE) $106.34
LOT 5, BELLHAVEN UNIT A, PB 26, EDDIE L. & JUANITA TRIPP $ 38.70
P 164, PUBLIC RECORDS, PALM 316 SW llTH AVENUE 65.00 (ADM. COST)
BEACH cOUNTy~ FL DELRAY BEACH, FL 33444 2.64 (RECORDING)
(316 SW llTH AVENUE) $106.34
LOT 4, BLK 64,.PT OF SUB OF LEVERT & DEVONNE $ 38.70
BLK 64, DELRAY BEACH, PB 20, HERRINGTON, JR. 65.00 (ADM. COST)
P 39, PUBLIC RECORDS, PALM 316 SOUTH SWINTON AVENUE 2.64 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 $106.34
(316 SO SWINTON AVENUE)
W185.91' OF NW 1/4 OF SE 1/4 GREENLEAF TREE $ 38.70
OF NW 1/4 LYG S OF GERMANTOWN SERVICE INC. 65.00 (ADM. COST)
RD & W185.91' OF SW 1/4 OF SE C/O ARCHIE RYAN ESQ. 2.64 (RECORDING)
1/4 OF NW 1/4/LESS N150', SUB 700 E. DANIA BEACH BLVD. $106.34
OF SEC 30-46-43, PUBLIC DANIA, FL 33004
RECORDS, PALM BEACH COUNTY, FL
(3730 GERMANTOWN ROAD)
-4- Res. No. 92-91
THE PT OF LOT 11 AS IN OR 3753, FEDERAL NATIONAL MORTGAGE $ 38~70
P 1562, K/A UNIT 5, BLK 1, ASSOCIATION 65.00 (ADM. COST)
GOLF PARK, PB 26, P 141, PUBLIC 950 E. PACES FERRY RD NE 2.64 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL ATLANTA, GA 30326 $106.34
(823 SW 20TH COURT)
LOT 11, BLK 113, HIGHLAND PARK, JOHN A. & JUDY A. WARD $ 38.70.
DELRAY, PB 2, P 79, PUBLIC 314 NE 7TH AVENUE 65.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 2.64 (RECORDING)
$106.34
LOT 26, PARADISE HEIGHTS, HARVEY W. QUINCE $ 38.70
PB 26, P 113, PUBLIC RECORDS, 317 NW 7TH AVENUE 65.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.64 (RECORDING)
(309 NW 7TH AVENUE) $106.34
LOTS 26 & 27, BLK 1, ATLANTIC DOROTHY CLARK $ 38.70
PINES, PB 13, P 77, PUBLIC 332 NE 14TH AVENUE 65.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435 2.64 (RECORDING)
(VACANT LOTS NORTH OF 41 NW ~106.34
12TH AVE)
S50' OF N388' OF W135' OF GEORGE SCOTT, SR $238.70
BLK 20, TOWN OF DELRAY, PB 1, ERNESTIN JOHNSON 65.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM GEORGE SCOTT, JR 2.64 (RECORDING)
BEACH COUNTY, FL 19 NW 6TH AVENUE $306.34
(19 NW 6TH AVENUE) DELRAY BEACH, FL 33444
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
-5- Res. No. 92-91