Res 29-90 RESOLUTION NO. 29-90
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 thirt~ (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 14th day of March~ 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 14th day
of March , 1990.
ATTEST:
~/~ty'Clerk ~
- 2 - Res. No. 29-90
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 2, BLK 8, DELRAY BEACH RICHARD R. & $165.00
HIGHLANDS SEC. 1, PB 26, SUDEINA BRUNET (H&W) 50.00 (ADM. COST)
P 209, PUBLIC RECORDS, PALM 1226 SW 22ND AVENUE 2.22 (RECORDING)
BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 $217.22
(1226 SW 22ND AVENUE)
S14.36' OF LOT 1 & ALL OF LOT DERRICK L. & $ 28.00
2, BLK A, WEST SIDE HEIGHTS, SHELIA CRUDUP (H&W) 25.00 (ADM. COST)
PB 13, P 61, PUBLIC RECORDS, 332 CENTER STREET 2.22 (RECORDING)
PALM BEACH COUNTY, FL. EL. SEGUNDO, CA. 90245 $ 55.22
(NW 10TH AVE & NW 2ND ST)
N50' OF LOT 1, BLK A, WEST DERRICK L. & $ 28.00
SIDE HEIGHTS, PB 13, P 61, SHELIA CRUDUP (H&W) 25.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 332 CENTER STREET 2.22 (Recording)
COUNTY, FL. EL. SEGUNDO, CA. 90245 $ 55.22
(NW 10TH AVE & NW 2ND ST)
LOT 25, BLK 2, ATLANTIC PINES, C. & MARY A. HANNA $ 65.00
PB 13, P 77, PUBLIC RECORDS, (HUSBAND & WIFE) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 210 SW 3RD AVENUE 2.22 (RECORDING)
(NW llTH AVE) DELRAY BEACH, FL. 33444 $117.22
LOT 5, BLK A, CARVER MEMORIAL CHARLOTTE DURANTE $ 32.50
PARK SUB., PB 20, P 56, PUBLIC 2160 WEST ATLANTIC AVENUE 25.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. SUITE 100 2.22 (RECORDING)
(NW 13TH AVENUE) DELRAY BEACH, FL. 33445 $ 59.72
LOT 6, BLK A, CARVER MEMORIAL CHARLOTTE DURANTE $ 32.50
PARK SUB., PB 20, P 56, PUBLIC 2160 WEST ATLANTIC AVENUE 25.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. SUITE 100 2.22 (RECORDING)
(NW 13TH'AVE) DELRAY BEACH, FL. 33445 $ 59.72
LOT 36, DELRAY MANOR ADD. TO LEON & APRIL L.HUMPHREY $ 45.00
DELRAY, PB 12, P 59, PUBLIC (HUSBAND AND WIFE) 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 602 SW 9TH COURT 2.22 (RECORDING)
(602 SW 9TH COURT) DELRAY BEACH, FL. 33444 $ 97.22
S 1/2 OF LOT 22 & N40' OF MARIE A. ETIENNE $125.00
LOT 23, BLK 87, LINNS ADD TO JOSEPH V. LOSCIELLE 50.00 (ADM. COST)
OSCEOLA PARK, DELRAY, PB 1, 244 SE 3RD AVENUE 2.22 (RECORDING)
P 133, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33483 $177.22
BEACH COUNTY, FL.
(244 SE 3RD AVENUE)
LOT 22, SUNDY & TENBROOK ADD. MARIE J. WELLS $ 11.68
TO DELRAY, PB 12, P 32, PUBLIC 310 WASHINGTON AVENUE 16.68 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.22 (RECORDING)
(SW 4TH AVENUE) $ 30.58
LOT 23, SUNDY & TENBROOK ADD. MARIE J. WELLS $ 11.66
TO DELRAY, PB 12, P 32, PUBLIC 310 WASHINGTON AVENUE 16.66 (ADM. COST)
RECORD, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.22 (RECORDING)
(SW 4TH AVE) $ 30.54
LOT 24, SUNDY & TENBROOK ADD. MARIE J. WELLS $ 11.66
TO DELRAY, PB 12, P 32, PUBLIC 310 WASHINGTON AVENUE 16.66 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.22 (RECORDING)
(SW 4TH AVE) $ 30.54
LOTS 19 & 20, BLK 10, OSCEOLA WILLIAM N. LITERSKY $ 25.00
PARK, PB 3, P 2, PUBLIC 1 KENMORE LANE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. BOYNTON BEACH, FL. 33435 2.22 (RECORDING)
(904 SE 3RD AVE) $ 77.22
-3- Res. No. 29-90
LOT 11, BLK 19,TOWN OF DELRAY, LILLIAN O. ROLLE $ 980.00
PB 11, P 73, PUBLIC RECORDS, 137 NW 6TH AVENUE 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 2.22 (RECORDING)
(NW 6TH AVE) $1007.22
LOT 12, BLK 19,TOWN OF DELRAY, LILLIAN O. ROLLE $980.00
PB 11,o P 73, PUBLIC RECORDS, 137 NW 6TH AVENUE 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 2.22 (RECORDING)
(NW 6TH AVE) $1007.22
LOT 32, BLK 32,TOWN OF DELRAY, ROGER JOHNSON $ 45.00
PB 6, P 97, PUBLIC RECORDS, 5628 BLUEBERRY COURT 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. LAUDERHILLE, FL. 33313 2.22 (RECORDING)
(SW 5TH AVE) $ 72.22
LOT 33, BLK 32,TOWN OF DELRAY, ROGER JOHNSON $ 45.00
PB 6, P 97, PUBLIC RECORDS, 5628 BLUEBERRY COURT 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. LAUDERHILLE, FL. 33313 2.22 (RECORDING)
(SW 5TH AVE) $ 72.22
S80.26' OF LOT 4/LESS W 550', WILLIAM A. & $ 90.00
BEACH LOTS, DELRAY, PUBLIC ELIZABETH B. PERRY (H&W) 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 38 HIGH AVENUE 2.22 (RECORDING)
(A1A & LAING ST) NYACK, NY. 10960 $142.22
N60o37' OF S181o11' OF THE PT ADMETON & $ 55.00
OF LOT 38 LYG E OF NE 3RD AVE MARIE A. DORMEZIL (H&W) 50.00 (ADM. COST)
& W OF FEC RY, SUB. OF SEC. 126 NE 17TH STREET 2.22 (Recording)
9-46-43, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 $107.22
BEACH COUNTY, FL.
(1709 NE 3RD AVE)
LOT 1,BLK 6, ATLANTIC GARDENS, RIDLEY TEMPLE CHURCH $ 45.00
DELRAY, PB 14, P 63, PUBLIC OF GOD IN CHRIST 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 102 SW 12TH AVENUE 2.22 (RECORDING)
(SW 1ST ST & SW 12TH AVE) DELRAY BEACH, FL. 33444 $ 97.22
LOT 1, BLK 3, LAKE IDA SHORES KEVIN MC KEOWN $125.00
1ST ADD., PB 25, P 54, PUBLIC 724 SUNSHINE DRIVE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.22 (RECORDING)
(724 SUNSHINE DRIVE) $187.22
LOT 32, BLK 15, TOWN OF DELRAY, VERA F. GIBSON $ 25.00
PB 13, P 18, PUBLIC RECORDS, P.O. BOX 066 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. INKSTER, MI. 48141 2.22 (RECORDING)
(SW 6TH AVE) $ 52.22
LOT 33, BLK 15, TOWN OF DELRAY, VERA F. GIBSON $ 25.00
PB 13, P 18, PUBLIC RECORDS, P.O. BOX 066 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. INKSTER, MI. 48141 2.22 (RECORDING)
(SW 6TH AVE) $52.22
E 1/8 OF W 1/2 OF N 1/2 OF KENNETH AUSTIN $ 95.00
LOT i/LESS N 1/2, SUB. OF 1354 13TH STREET 50.00 (ADM. COST)
SECTION 20-46-43, PUBLIC W. PALM BEACH, FL. 33401 2.22 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL. $147.22
(SW 6TH AVENUE)
LOT 4, BLK 11, SEACREST PARK, MALCOLM S. LEVY $ 40.00
PB 24, P 33, PUBLIC RECORDS, FRANK V. MALFA 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 1601 MARINA ISLE WAY#302 2.22 (RECORDING)
(NE 3RD AVENUE) JUPITER, FL. 33477 $ 92.22
LOT 21, BLK B, TOURIST NOOK, ROSS WISKIN $ 55.00
DELRAY, PB 11, P 47, PUBLIC 3680 FRANWOOD CIRCLE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. APT. ~101 2.22 (RECORDING)
(NW 8TH AVE) BRADENTON, FL. 33505 $107.22
VIOLATION IS: SEC. 100.1 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
-4- Res. No. 29-90