Res 01-90 RESOLUTION NO. 1-90
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
~ereto 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
h~reby 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 16th day of January, 1990 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 16th day
of January , 1990.
MAYOR
ATTE S T:
City Clerk
- 2 - Res. No. 1-90
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 10 & 11, LAS PALMAS SUB., ROBERT S. & DIANE E. $ 75.~0
PB 10, P 68, PUBLIC RECORDS, SIMPSON (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 403 NE 8TH AVENUE 2.25 (RECORDING)
(403 NE 8TH AVENUE) DELRAY BEACH, FL. 33483 $127.25
S3' OF LOT 10 & LOTS 11 & 12, EDDIE JR. & YVONNE ODOM $ 36.68
BLK 43, TOWN OF DELRAY, PB 1, (HUSBAND & WIFE) 16.68 (ADM. COST}
P 3, PUBLIC RECORDS, PALM 3905 LOWSON BLVD. 2.25 (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 $ 55.61
(126-128 NW 2ND AVENUE)
S3' OF LOT 10 & LOTS 11 & 12, EDDIE JR. & YVONNE ODOM $ 36.66
BLK 43, TOWN OF DELRAY, PB 1, (HUSBAND & WIFE) 16.66 (ADM. COST)
P 3, PUBLIC RECORDS, PALM 3905 LOWSON BLVD. 2.25 (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 $ 55.57
(130-132 NW 2ND AVENUE)
S3'OF LOT 10 & LOTS 11 & 12, EDDIE JR. & YVONNE ODOM $ 36.66
BLK 43, TOWN OF DELRAY, PB 1, (HUSBAND & WIFE) 16.66 (ADM. COST)
P 3, PUBLIC RECORDS, PALM 3905 LOWSON BLVD. 2~25 (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 $ 55.57
(134-136 NW 2ND AVENUE)
LOT 1, BLK 4, PRIEST'S ADDN TO VIRGINIA BRYANT $ 55.00
ATLANTIC PARK GARDENS, PB 23, 203 SW 14TH AVENUE 50.00 (ADM. COST)
P 70, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.25 (RECORDING)
BEACH COUNTY, FL. $107.25
(203 SW 14TH AVENUE)
LOT 19, BLK 9, ATLANTIC LHR DEV. CORP. $ 30.00
GARDENS, PB 14, P 63, PUBLIC 7498 NW 49TH STREET 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL. LAUDERHILL, FL. 33319 2.25 (RECORDING)
(126-128 SW 10TH AVENUE) $ 82.25
LOT 8, BLK 9,ATLANTIC GARDENS, ETHEL L. CEASAR $ 15.00
PB 14, P 63, PUBLIC RECORDS, 311 NW llTH AVENUE 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 2.25 (RECORDING)
(129 SW llTH AVENUE) $ 67.25
LOT 12, BLK 4, ODMANN'S SUB., WILLEAN LLOYD $ 25.00
PB 4, P 53, PUBLIC RECORDS, 14 SW 13TH AVENUE 50.00 (ADM. COST}
PALM BEACH COUNTY, FL. DELRAY BEACH, FL 33444 2.25 (RECORDING)
(14 SW 13TH AVENUE) $ 77.25
LOT 20, BLK 11, DELRAY SHORES, FRESNELL & VIVIANE $ 65.00
PB 24, P 233, PUBLIC RECORDS, MARCELLUS (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTy, FL. 2403 CLARENDON ROAD 2.25 (RECORDING)
(3616 LAKE IDA ROAD) BROOKLYN, NY. 11226 $117.25
LOT 2, BLK 63, TOWN OF DELRAY. BERTHA LAURENT $ 55.00
PB 1, P 3, PUBLIC RECORDS, 218 SOUTH SWINTON AVENUE 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 2.25 (RECORDING)
(218 SOUTH SWINTON AVENUE) $107.25
LOT 1 (LESS W75'), PLATT'S GRACEY & HELM COMPANIES $ 30.00
ACRES, PB 21, P 47, PUBLIC 72 SOUTH OCEAN BLVD. 25.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33483 2.25 (RECORDING)
(1300 GERMANTOWN ROAD) $ 67.25
W 75' OF LOT 1, PLATT'S ACRES, GRACEY & HELM COMPANIES $ 30.00
PB 21, P 47, PUBLIC RECORDS, 72 SOUTH OCEAN BLVD. 25.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL. 33483 2.25 (RECORDING)
(1300 GERMANTOWN ROAD) $ 57.25
-3- Res. No. 1-90
S33' OF LOT 5 & N22.5' OF JOHN T. LOUNSBURY $ 75.00
LOT 6, BLK 74, (OLD SCHOOL RICHARD & DONNA LEE 50.00 (ADM. COST)
SQUARE), TOWN OF DELRAY, LOUNSBURY 2.25 (RECORDING)
PB 11, P 12, PUBLIC RECORDS, 8284 SE PRINCESS TREE RD $127.25
PALM BEACH COUNTY, FL. HOBE SOUND, FL. 33455
(227'NE 1ST AVENUE)
LOT 2 & N6' OF LOT 3 (LESS W5' KENNETH C. & PATRICIA $ 80.00
R/W), BLK 74, (OLD SCHOOL K. RODE (H&W) 50.00 (ADM. COST)
SQUARE HISTORIC DISTRICT), RT. 1, BOX 191R 2.25 (RECORDING)
TOWN OF DELRAY, PB 11, P 4, HIAWASSEE, GA. 30546 $132.25
PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(239-239 1/2 NE 1ST AVENUE)
LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G. & $ 55.00
PB 12, P 81, PUBLIC RECORDS, PATRICIA ALLEN (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 206 SW 2ND AVENUE 2.25 (RECORDING)
(206 SW 2ND AVENUE) DELRAY BEACH, FL. 33444 $107.25
E100' OF W300' OF S150' OF BELCHER-BAUER $100.00
S 1/2 OF N 1/2 OF SW 1/4 OF JOINT VENTURE 50.00 (ADM. COST)
SW 1/4, SUB OF SEC.4-46-43, 2 EAST CAMINO REAL BLVD. 2.25 (RECORDING)
PUBLIC RECORDS, PALM BEACH BOCA RATON, FL 33432 $152.25
COUNTY, FL.
(NE 22ND STREET)
LOT 17 & SLY26o72'OF LOT 18, GRS PENSION TRUST $100.00
BLK 2, KENMONT, PB 20, P 65, 1230 VISTA DEL MAR 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33483 2.25 (RECORDING)
COUNTY, FL $152.25
(1132 NE 9TH AVENUE)
OCEAN CAY OF DELRAY, ALL OF TWO-TWENTY-TWO DELRAY $180.00
PLAT, PB 50, P 59, PUBLIC PROPERTIES, INC. 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 218 NORTH OCEAN BLVD. 2.25 (RECORDING)
(218 NORTH OCEAN BLVD.) DELRAY BEACH, FL. 33483 $232.25
W 1/4 OF LOT 29/LESS N50' & DALLAS E. DAILY TRUST $ 75.00
E100' OF SLY592.48' OF NLY W 21 BUTTON WOOD BAY 50.00 (ADM. COST)
642.48', SUB OF SEC. 20-46-43, KEY LARGO, FL. 33037 2.25 (RECORDING)
PB 28, P 68, PUBLIC RECORDS, $127.25
PALM BEACH COUNTYY, FL.
(SW 10TH AVENUE)
LOTS 1 TO 11 INC. (LESS N20'), MID-REGION LEASING & SLS $200.00
SUB. OF BLK 5, DELRAY BEACH, SAM BARRY JR. ATTY. 50.00 (ADM. COST)
BLK 5, PB 23, P 72, PUBLIC C/O FRANCES BONABY 2.25 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL. 167 NE 2ND AVENUE $252.25
(700 WEST ATLANTIC AVENUE) DELRAY BEACH, FL. 33444
LOT 7, FAIRCREST HEIGHTS AM~D. OAKMONT ASSOCIATION $ 47.24
PLAT, PB 42, P 6-8, PUBLIC 150 SW 12TH AVENUE 5.60 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. SUITE 101 2.25 (RECORDING)
(SW 36TH AVENUE) POMPANO BEACH, FL, 33069 $ 55.09
LOT 10, FAIRCREST HEIGHTS OAKMONT ASSOCIATION $ 47.22
AMND. PLAT, PB 42, P 68, 150 SW 12TH AVENUE 5.55 (ADM. COST)
PUBLIC RECORDS, PALM BEACH SUITE 101 2.25 (RECORDING)
COUNTY, FL. POMPANO BEACH, FL. 33069 $ 55.02
(SW 35TH AVENUE)
LOT 24, FAIRCREST HEIGHTS OAKMONT ASSOCIATION $ 47.22
AMND. PLAT, PB 42, P 68, 150 SW 12TH AVENUE 5.55 (ADM. COST)
PUBLIC RECORDS, PALM BEACH SUITE 101 2.25 (RECORDING)
COUNTY, FL. POMPANO BEACH, FL. 33069 $ 55.02
(SW 35TH AVENUE)
-4- Res. No. 1-90
\
LOT 26, FAIRCREST HEIGHTS AMND. OAKMONT.ASSOCIATION $ 47.22
PLAT, PB 42, P 68, PUBLIC 150 SW 12TH AVENUE 5.55 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. SUITE 101 2.25 (RECORDING)
(SW 35TH AVENUE) POMPANO BEACH, FL. 33069 $ 55.02
LOT 28, FAIRCREST HEIGHTS AMND. OAKMONT ASSOCIATION $ 47.32
PLAT, PB 42, P 68, PUBLIC 150 SW 12TH AVENUE 5.55 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. SUITE 101 2.25 (RECORDING)
(SW 35TH AVENUE) POMPANO BEACH, FL. 33069 $ 55.02
LOT 38, FAIRCREST HEIGHTS AMND. OAKMONT ASSOCIATION $ 47.22
PLAT, PB 42, P 68, PUBLIC 150 SW 12TH AVENUE 5.55 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. SUITE 101 2.25 (RECORDING)
(SW 24TH LANE) POMPANO BEACH, FL. 33069 $ 55.02
LOT 39, FAIRCREST HEIGHTS AMND. OAKMONT ASSOCIATION $ 47.22
PLAT, PB 42, P 68, PUBLIC 150 SW 12TH AVENUE 5.55 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. SUITE 101 2.25 (RECORDING)
(SW 24TH LANE & SW 35TH AVE) POMPANO BEACH, FL. 33069 $ 55.02
LOT 42, FAIRCREST HEIGHTS AMND. OAKMONT ASSOCIATION $ 47.22
PLAT, PB 42, P 68, PUBLIC 150 SW 12TH AVENUE 5.55 (ADM. CO~T)
RECORDS, PALM BEACH COUNTY,FL. SUITE 101 2.25 (RECORDING)
(SW 23RD LANE) POMPANO BEACH, FL. 33069 $ 55.02
LOT 54, FAIRCREST HEIGHTS AMND. OAKMONT ASSOCIATION $ 47.22
PLAT, PB 42, P 68, PUBLIC 150 SW 12TH AVENUE 5.55 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. SUITE 101 2.25 (RECORDING)
(SW 36TH TERRACE) POMPANO BEACH, FL. 33069 $ 55.02
LOT 66, FAIRCREST HEIGHTS AMND. OAKMONT ASSOCIATION $ 47.22
PLAT, PB 42, P 68, PUBLIC 150 SW 12TH AVENUE 5.55 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. SUITE 101 2.25 (RECORDING)
(SW 36TH AVENUE) POMPANO BEACH, FL. 33069 $ 55.02
E139' OF W827' OF N63' OF TONY CUPELLI $123.75
S 1/2 OF LOT 8, SEC. 20-46-43, 820 NE 77TH STREET 12.50 (ADM. COST)
PUBLIC RECORDS, PALM BEACH BOCA RATON, FL. 33433 2.25 (RECORDING)
COUNTY, FL. $138.50
(LINTON BLVD.)
E139' OF W827' OF S60' OF TONY CUPELLI $12'3.75
N123' OF S 1/2 OF LOT 8, SEC. 820 NE 77TH STREET 12.50 (ADM. COST)
20-46-43, PUBLIC RECORDS, PALM BOCA RATON, FL. 33433 2.25 (RECORDING)
BEACH COUNTY, FL. $138.50
(iINTON BLVD.)
E209' OF W967' OF S148.34'/LESS TONY CUPELLI $123.75
S53' RD R/W & N61' OF S209.34' 820 NE 77TH STREET 12.50 (ADM. COST)
OF E139.5' OF W967' OF S 1/2 BOCA RATON, FL. 33433 2.25 (RECORDING)
OF LOT 8 IN OR 1564, P 436, $138.50
SUB. OF SEC. 20-46-43, PUBLIC
RECORDS, PALM BEACH COUNTY,FL.
(LINTON BLVD.)
W 1/2 OF LOT 29/LESS N50' & DALLAS E. DAILY TR. $2800.00
El00' OF SLY592.48' OF NLY W-21 BUTTONWOOD BAY 50.00 (ADM. COST)
642.48', SUB OF SEC. 20-46-43, KEY LARGO, FL. 33037 2.25 (RECORDING)
PUBLIC RECORDS, PALM BEACH $2852.25
COUNTY, FL.
(ROYAL PALM DRIVE)
N145' OF E135' OF BLK 24, TOWN HOUSE OF GOD, DELRAY $425.00
OF DELRAY, PB 1, P 3, PUBLIC BEACH, FL. 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 5606 SIMS ROAD 2.25 (RECORDING)
(SW 3RD STREET & SW 5TH AVE) DELRAY BEACH, FL. 33484 $477.25
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-5- Res. No. 1-90