Res 15-90 RESOLUTION NO. 15-90
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
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 13th day of February, 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 13th day
of February , 1990.
~~V~MA
ATTEST:
Clerk '
- 2 - Res. No. 15-90
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 16, BLK 35, TOWN OF DELRAY, GRACE BARNETT $ 60.00
PB 1, P 3, PUBLIC RECORDS, .1401 39TH STREET 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. W.PALM BEACH, FL. 33407 2.50 (RECORDING)
(NW 1ST ST & NW 3RD AVE.) $ 112.50
LOT 4/LESS R/W/SR 806, JACK VINIK $ 27.50
MYRICK'S SUB., PUBLIC RECORDS, 950 NW 26TH AVE. 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 2.50 (RECORDING)
(WEST ATLANTIC AVE.) $ 55.00
LOT 5/LESS R/W SR 806, JACK VINIK $ 27.50
MYRICK'S SUB., PUBLIC RECORDS, 950 NW 26TH AVE. 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 2.50 (RECORDING)
(WEST ATLANTIC AVE.) $ 55.00
S50' OF N150' OF W135' OF RONALD I. & MARYLIN S. $ 75.00
BLK 14, TOWN OF DELRAY, BARON. (H & W) 50.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, 6401 N. BAY RD. 2.50 (RECORDING)
PALM BEACH COUNTY, FL. N. MIAMI BEACH, FL. 33141 $ 127.50
(109 SW 7TH AVE.)
LOT 21, BLK C, RIDGEWOOD SKY E. SMITH $ 40.00
HEIGHTS, DELRAY, PB 14, P 44, 2400 S. DIXIE HWY. #100 25.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33133 2.50 (RECORDING)
COUNTY, FL. $ 67.50
(SW 7TH AVE.)
LOT 22, BLK C, RIDGEWOOD SKY E. SMITH $ 40.00
HEIGHTS, DELRAY PB 14, P 44, 2400 S. DIXIE HWY. #100 25.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL. 33133 2.50 (RECORDING)
COUNTY, FL. $ 67.50
(SW 7TH AVE.)
LOT 16, BLK 4, PRIEST'S ADD. ROSA L. SCOTT $ 55.00
TO ATLANTIC PARK GARDENS, 401 SW 10TH ST. 50.00 (ADM. COST)
PB 23 P 70, PUBLIC RECORDS, DELRAY BEACH, FL 33444 2.50 (RECORDING)
PALM BEACH COUNTY, FL. $ 107.50
(SW 13TH AVENUE)
N100' OF E131.6' OF BLK 63, LOUIKENSON MESIDOR $ 60.00
TOWN OF DELRAY, PB 6, P 3, JEANNE LA CROIX GUARDIAN 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 200 S. SWINTON AVE. 2.50 (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33444 $ 112.50
(200 S. SWINTON AVE.)
LOT 9, BLK. 2, J.G. FENNO'S JACK VINIK, JR. $ 27.50
SUB, PB 2, P 89,PUBLIC 950 NW 26TH AVE. 25.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.50 (RECORDING)
(WEST ATLANTIC AVE.) $ 55.00
LOT 14 & W1/2 OF ABNDED BLK 2, JACK VINIK, JR. $ 27.50
J.G. FENNO'S SUB., PB 2, P 89, 950 NW 26TH AVE. 25.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 2.50 (RECORDING)
COUNTY, FL. $ 55.00
(WEST ATLANTIC AVE.)
LOT 1/LESS R/W SR 806, RUDOLPH & CELESTINE $ 35.00
MYRICK'S SUB., PUBLIC RECORDS, CARTWRIGHT (H & W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 34 SW 8TH AVE. 2.50 (RECORDING)
(WEST ATLANTIC AVE.) DELRAY BEACH, FL. 33444 $ 87.50
N50' OF W61.20' OF E135' OF RICHARD L. MACON $ 85.00
BLK 25, TOWN OF DELRAY, PB 5, 354 NW 4TH AVE 50.00 (ADM. COST)
P 2, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.50 (RECORDING)
BEACH COUNTY, FL. $ 137.50
(354 NW 4TH AVE)
-3- Res. No. 15-90
LOT 9, BLK 8, SEACREST PK, CYNTHIA ~.. WELLS, $ 65.00
PB 24, P 33, PUBLIC RECORDS, RR1/BOX 1080 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. NICKERSON RD 2.50 (RECORDING)
(2110 NE 3RD AVE.) SEARSPORT, ME 04974 $ 117.50
S30' OF LOT 6, BLK 28, TOWN LEONARD DAVIS $ 25.Q0
OF DELRAY, PB 1, P 3, PUBLIC C/O GENERAL DELIVERY 50.00 (ADM. COST)
RECORDS,PALM BEACH COUNTY,FL. V.A. BRANCH P.O. 2.50 (RECORDING)
(NW 5TH AVE) LOS ANGELES, CA. 90073 $ 77.50
LOT 2/LESS E 41', BLK D, JOE S. & JOSEPHINE $ 60.00
RIDGEWOOD HEIGHTS, PB 14, URDIALEZ (H &. W) 50.00 (ADM. COST)
P 44, PUBLIC RECORDS, PALM 1105 SW 7TH AVENUE 2.50 (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 $ 112.50
(1105 SW 7TH AVE)
LOT 18, BLK 3, ATLANTIC DANIEL MORGAN $ 60.00
PARK GARDENS, PB 14, P 56, P.O. BOX 2231 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL.33447 2.50 (RECORDING)
COUNTY, FL. $ 112.50
(122-124 SW 12TH AVE)
S67.1' OF W130' OF N142.1' WILLIE L. & ERMA J. $ 75.00
OF S1/2 OF BLK 12, TOWN OF WRIGHT (H & W) 50.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC 106 NW 12TH AVENUE 2.50 (RECORDING)
RECORDS, PALM BEACH COUNTY, DELRAY BEACH, FL. 33444 $ 127.50
FL.
(8 NW 7TH AVE)
E51' OF W76' OF N120' OF S. FASHAW & SEMMIE $ 125.00
S140' OF S1/2 OF BLK 12, TAYLOR 50.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, 221 S. COUNTRY CLUB BLVD. 2.50 (RECORDING)
PALM BEACH COUNTY, FL. BOCA RATON, FL. 33431 $ 177.50
(NW 7TH AVE & W ATLANTIC AVE)
N37.5' OF E130.44' OF W155.44 SHEDRICK & LONNIE FASHAW $ 75.00
OF S1/2 OF BLK 12, TOWN OF SEMMIE & DORIS TAYLOR 50.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC 221 S. COUNTRY CLUB BLVD. 2.50 (RECORDING)
RECORDS, PALM BEACH COUNTY, BOCA RATON, FL. 33431 $ 127.50
FL.
(NW 7TH AVENUE)
LOT 9, NICHOL'S 1ST ADD TO RONALD L. APPMAN $ 60.00
DELRAY BEACH, PB 21, P 69, P.O. BOX 864 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH INDIANTOWN, FL. 34956 2.50 (RECORDING)
COUNTY, FL. $ 112.50
(124 SW 7TH ST)
LOT 34, BLK 11, OSCEOLA PARK, MARIE F. MCKESSY $ 80.00
PB 3, P 2, PUBLIC RECORDS, 609 SE 4TH AVE. 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH,FL. 33483 2.50 (RECORDING)
(609 SE 4TH AVE) $ 132.50
LOT 5, BLK 7, OSCEOLA PARK, WILLIAM & MARILYN $ 45.00
PB 3, P 2, PUBLIC RECORDS, HUTCHESON (H & W); SCOTT 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. & JANE E. LAYMAN (H & W) 2.50 (RECORDING)
(618 SE 4TH AVENUE) 225 NE 25TH ST. $ 97.50
BOCA RATON, FL. 33431
LOT 1, BLK 14, OSCEOLA PARK, RONALD D. & SUZANNE W. $ 110.00
PB 3, P 2, PUBLIC RECORDS, POLACEK (H & W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 27 EMERSON HILL DRIVE 2.50 (RECORDING)
(802 SE 2ND AVENUE) MARKHAM, ONT CAN. L3P 7E5 $ 162.50
LOT 17, BLK 95, LINN'S ADD TO LAWRENCE L. & LILLIE W. $ 35.00
OSCEOLA PARK, PB 1, P 133, PARKER (H & W) 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 730 E. CHATELAINE BLVD. 2.50 (RECORDING)
COUNTY, FL. DELRAY BEACH, FL. 33445 $ 87.50
(218-220 SE 4TH AVE)
-4- Res. No. 15-90
LOT 7, BLK 4, CHATELAINE HIGINIO GAGO $ 45.00
NO. 1, PB 29, P 95, PUBLIC 3530 BLVD. CHATELAINE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY DELRAY BEACH, FL. 33445 2 50 (RECORDING)
FL. ' '
(353D BLVD. CHATELAINE) $ 97.50
LOT 8, BLK 43, TOWN OF DELRAY, LUCILLE D. ANTHONY, $ 55.00
PB 1, P 3, PUBLIC RECORDS, 103 NW 3RD AVENUE 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 2.50 (RECORDING)
(103 NW 3RD AVE) $ 107.50
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTUING HAZARDS; DECLARED NUISANCE.
-5- Res. No. 15-90