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Res 73-90 RESOLUTION NO. 73-90 A RESOLUTION OF THE CITY COMMISSION OF THE CXTY 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; PROVID~G FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SA~D 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 14th day of August, 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 the of Assessment and with Notice 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 includinq 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 Auqust , 1990. ATTEST: Asst. City - 2 - Res. No. 73-90 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT Sl/2 OF ABNDED GEORGIA ST LYG JOAN B. WEIR $300.00 N OF ADJ TO LOT 31 LYG E OF & 6889 SKYLINE DR. 50.00 (ADM COST) ADJ TO OLD GER/~ANTOWN RD, SUB. DELRAY BEACH, FL 33446 2.20 (RECORDING) OF SEC. 20-46-43, PB 28,P 68, $352.20 PUBLIC RECORDS, PALM BEACH COUNTY, FL. (GERMANTOWN ROAD) N50' OF S356.4' OF E135' OF ADELENE JENKINS $ 60.00 BLK 24, TOWN OF DELRAY, PB 1, 245 SW 12TH AVENUE 50.00 (ADM COST) P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.20 (RECORDING) BEACH COUNTY, FL. $112.20 (SW 5TH AVENUE) LOT 4, BLK 23, TOWN OF DELRAY, ELEANORE S. WILSON EST. $ 70.00 PB 19, P 69, PUBLIC RECORDS, C/O LARRY SCHONE, ATT. 50.00 (ADM COST) PALM BEACH COUNTY, FL. 50 SE 4TH AVE. 2.20 (RECORDING) (SW 5TH AVENUE) DELRAY BEACH, FL. 33483 $122.20 S5' OF LOT 1, BLK 30, TOWN OF SYLVIA SCHUPLER TRUST $ 32.50 DELRAY, PB 1, P 3, PUBLIC 3101 WASHINGTON ROAD 25.00 (ADM COST) RECORDS, PALM BEACH COUNTY, W PALM BEACH, FL. 33405 2.20 (RECORDING) FL. (SW 5TH AVENUE) $ 59.70 (SW TH AVENUE) N71.5' OF LOT 2, BLK 30, TOWN SYLVIA SCHUPLER TRUST $ 32.50 OF DELRAY, PB 1, P 3, PUBLIC 3101 WASHINGTON ROAD 25.00 (ADM COST) RECORDS, PALM BEACH COUNTY, W PALM BEACH, FL. 33405 2.20 (RECORDING) FL (SW 5th Avenue) $ 59.70 E126' OF N120' OF S140' OF BLK IVAL STIRRUP $ 65.00 12, TOWN OF DELRAY, PB 1, P 3, 602 S. SWINTON AVENUE 25.00 (ADM COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 2.20 (RECORDING) COUNTY, FL (WEST ATLANTIC AVE) $ 92.20 W50' OF E176' OF N120' OF IVAL STIRRUP $ 65.00 S140' OF BLK 12, TOWN OF 602 S. SWINTON AVENUE 25.00 (ADM COST) DELRAY, PB 1, P 3, PUBLIC DELRAY BEACH, FL. 33444 2.20 (RECORDING) RECORDS, PALM BEACH COUNTY, $ 92.20 FL. (WEST ATLANTIC AVENUE) LOT 17, BLK 54, RESUB. OF Sl/2 CHRYSLER FIRST FIN. SER. $ 50.00 OF BLK 54, DELRAY, PB 11, P 2, OF FLORIDA, C/O MONDEL 50.00 (ADM COST) PUBLIC RECORDS, PALM BEACH & WEISMAN DELRAY 2.20 (RECORDING) COUNTY, FL 600 CORPORATE DR ~100 $102.20 (111 SW 2ND STREET) FT. LAUDERDALE, FL 33334 LOTS 10 TO 16, INC., BLK 15, WILLIE WRIGHT $ 95.00 TOWN OF DELRAY, PB 13, P 18, 106 NW 12TH AVENUE 50.00 (ADM COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 2.20 (RECORDING) COUNTY, FL. $147.50 (217-219 SW 7TH AVENUE) S1/2 OF LOT 19 & LOT 20, BLK ARTHUR C. & DEBRA A. $ 60.00 88, LINN'S ADD. TO OSCEOLA PK, HAFFEMANN, (H & W) 50.00 (ADM COST) PB 1, P 133, PUBLIC RECORDS, 330 SE 3RD AVE. 2.20 (RECORDING) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33483 $112.20 (330 SE 3RD AVENUE) LOT 3 & 4, BLK 8, DELL PARK, RICHARD A COURT $ 50.00 PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 50.00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL. 33444 2.20 (RECORDING) (1012 NE 3RD AVENUE) $102.20 WS0' OF E300' OF S130' OF JOHN ANDREWS $ 32.50 N145' OF LOT 9/LESS R/W, SUB. 21 NW 12TH AVENUE 25.00 (ADM COST) 17-46-43, PB 1, P 3, PUBLIC DELRAY BEACH, FL. 33444 2.20 (RECORDING) RECORDS, PALM BEACH COUNTY, FL $ 59.70 (WEST ATLANTIC AVENUE) LOT A, BLK 2, BELAIR HEIGHTS, JOHN ANDREWS $ 32.50 PB 20, P 45, PUBLIC RECORDS, 21 NW 12TH AVENUE 25.00 (ADM COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL 33444 2.20 (RECORDING) (WEST ATLANTIC AVENUE) $ 59.70 LOT 4, BLK A, W. SIDE HGHTS, STRAGHN ENT. OF DELRAY $ 70.00 PB 13, P 61, PUBLIC RECORDS, BEACH INC. 50.00 (ADM COST) PALM BEACH COUNTY, FL. 26 SW 5TH AVENUE 2.20 (RECORDING) (NW 10TH AVENUE) DELRAY BEACH, FL. 33444 $122.20 E37.3' OF W62.3' OF S93' OF HENRY R. DAVIS $ 55.00 BLK 11, TOWN OF DELRAY, PB 1, 135 NW 6TH AVENUE 50.00 (ADM COST) P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.20 (RECORDING) BEACH COUNTY, FL $107.20 (NW lST ST. & NW 7TH AVENUE) E50' OF S135' OF BLK 3, TOWN ARIDEEN CLOSE $ 75.00 OF DELRAY, PB 1, P 3, PUBLIC C/O BENJAMIN BALDWIN 50.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL 1392 LAWRENCE RD. 2.20 (RECORDING) (NW 1ST ST. & NW 7TH AVE.) DELRAY BEACH, FL. 33445 $127.20 LOT 13, BLK 3, ROSEMONT GDNS. HARRY B. HAGWOOD $500.00 UNIT B, PB 29, P 101, PUBLIC 915 NORTHWOOD DRIVE 50.00 (ADM COST) RECORDS, PALM BEACH COUNTY, LAKE PARK, FL. 33403 2.20 (RECORDING) FL (SW 6TH AVENUE) $552.20 E 50' OF W135' OF 8135' OF JOHNNY GAINER $100.00 BLK 14, TOWN OF DELRAY, PB 1, 238 SW llTH AVENUE 50.00 (ADM COST) P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.20 (RECORDING) BEACH COUNTY, FL $152.20 (SW 7TH AVENUE) LOT 49, SUNSET PARK, PB 12, ANPE INC. $ 75.00 P 65, PUBLIC RECORDS, PALM P.O. BOX 3215 25.00 (ADM COST) BEACH COUNTY, FL. BOYNTON BEACH, FL. 33424 2.20 (RECORDING) MANGO & SW 10TH STREET) $102.20 LOT 50 (LESS S10'), SUNSET PK, ANPE INC. $ 75.00 PB 12, P 65, PUBLIC RECORDS, P.O. BOX 3215 25.00 (ADM COST) PALM BEACH COUNTY, FL BOYNTON BEACH, FL. 33424 2.20 (RECORDING) MANGO DR & SW 10TH STREET) $102.20 LOT 54, SUNSET PK, PB 12, TOMASA CRUZ $ 60.00 P 65, PUBLIC RECORDS, PALM 409 NW 7TH COURT 25.00 (ADM COST) BEACH COUNTY, FL BOYNTON BEACH, FL. 33426 2.20 (RECORDING) MANGO DRIVE) $ 87.20 LOT 55, SUNSET PK, PB 12, TOMASA CRUZ $ 60.00 P 65, PUBLIC RECORDS, PALM 409 NW 7TH COURT 25.00 (ADM COST) BEACH COUNTY, FL. BOYNTON BEACH, FL. 33426 2.20 (RECORDING) (MANGO DRIVE) $ 87.20 LOT 29, BLK 1, SOUTHRIDGE, ROBERT ASSANTES $ 55.00 PB 13, P 38, PUBLIC RECORDS, FRED WENISCH 50.00 (ADM COST) PALM BEACH COUNTY, FL. 2909 N DIXIE HIGHWAY 2.20 (RECORDING) STERLING AVENUE) POMPANO BEACH, FL 33064 $107.20 LOT 56, SUNSET PK, PB 12, MANUEL MOREDA $ 66.25 P 65, PUBLIC RECORDS, PALM MANUEL E. MOREDA 12.50 (ADM COST) BEACH COUNTY, FL. P.O. BOX 1953 2.20 (RECORDING) REIGLE AVE & MANGO DR.) DELRAY BEACH, FL. 33447 $ 80.95 LOT 57, SUNSET PK, PB 12, P65, MANUEL MOREDA $ 66.25 PUBLIC RECORDS, PALM BEACH MANUEL E. MOREDA 12.50 (ADM COST) COUNTY, FL. P.O. BOX 1953 2.20 (RECORDING) REIGLE AVE & MANGO DRIVE) DELRAY BEACH, FL. 33447 $ 80.95 -4- Res. No. 73-90 LOT 58, SUNSET PARK, PB 12, MANUEL MOREDA $ 66.25 P 65, PUBLIC RECORDS, PALM MANUEL E. MOREDA 12.50 (ADM COST) BEACH COUNTY, FL. P.O. BOX 1953 2.20 (RECORDING) (REIGLE AVENUE & MANGO DRIVE) DELRAY BEACH, FL. 33447 $ 80.95 LOT 59, SUNSET PARK, PB 12, MANUEL MOREDA $ 66.25 P 65, PUBLIC RECORDS, PALM MANUEL E. MOREDA 12.50 (ADM COST) BEACH COUNTY, FL. P.O. BOX 1953 2.20 (RECORDING) (REIGLE AVENUE % MANGO DRIVE) DELRAY BEACH, FL. 33447 $ 80.95 S106' & N216' OF LOT 8 BLK 4 MATTIE M. CREASMAN $ 25.00 (LESS PART IN DB 1029, P 416, R #1 BOX 362 50.00 (ADM COST) SUNNY ACRES. PB 21, P 63, ANDREWS, NC 28901 2.20 (RECORDING) PUBLIC RECORDS, PALM BEACH $ 77.20 COUNTY. FL (1203 GERMANTOWN ROAD) LOT 1, BLK 9, ATLANTIC GDNS, ANNIE M. WATT $130.00 DELRAY, PB 14, P 63, PUBLIC MAGGIE L. WATT 50.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL 245 SW 12TH AVENUE 2.20 (RECORDING) (SW lST STREET & SW llTH AVE) DELRAY BEACH, FL. 33444 $182.20 LOT 29, BLK 3, DELRAY SHORES, YVONNE RAMEAU $ 55.00 PB 24, P 232, PUBLIC RECORDS, P.O. BOX 3102 50.00 (ADM COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 2.20 (RECORDING) (3425 DORSON WAY) $107.20 LOT 2, BLK 8, DELRAY BEACH RICHARD R. & SUDEINA $ 50.00 HIGHLANDS SECTION 1, PB 26, BRUNET,(H&W)C/O JOSE M. 50.00 (ADM COST) P 209, PUBLIC RECORDS, PALM SOSA- SERVICO E 100 1601 2.20 (RECORDING) BEACH COUNTY, FL. BELVEDERE RD $102.20 (1226 SW 22ND AVENUE) W. PALM BEACH, FL. 33406 LOT 16, NICHOL'S lST ADD TO FRANCK & ELNA FRANCOIS $ 25.00 DELRAY BEACH, PB 21, P 69, (H&W) 1351 SW 27TH PLACE 50.00 (ADM COST) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL. 33435 2.20 (RECORDING) COUNTY, FL. $ 79.20 (704 S. SWINTON AVE) W 1/4 OF LOT 29, (LESS N50' & DALLAS E. DAILY TR. $250.00 El00' OF SLY 592.48' OF NLY W-21 BUTTONWOOD BAY 50.00 (ADM COST) 642.48' SUB. OF SEC. 20-46-43, KEY LARGO, FL. 33037 2.20 (RECORDING) PB 28, PA 68, PUBLIC RECORDS, $302.20 PALM BEACH COUNTY, FL. (SW 10TH STREET) LOT 19, BLK 9, ATLANTIC GDNS, LHR DEV. CORP. $ 37.50 DELRAY, PB 14, P 63, PUBLIC 8142 NW 17TH MNR 25.00 (ADM COST) RECORDS, PALM BEACH COUNTY, PLANTATION, FL. 33322 2.20 (RECORDING) FL. (128 SW 10TH AVENUE) $ 64.70 LOT 20, BLK 9, ATLANTIC GDNS, JAV DEV. CORPORATION $ 37.50 DELRAY, PB 14, P 63, PUBLIC 8142 NW 17TH MNR 25.00 {ADM COST) RECORDS, PALM BEACH COUNTY, PLANTATION, FL 33322 2.20 (RECORDING) FL. (132 SW 10TH AVENUE) $ 64.70 LOT 19, BLK 2, ATLANTIC PARK J.D. & EARLINE MONROE $100.00 GDNS., DELRAY, PB 14, P 56, (H&W) 116 HARTLAND ST. 50.00 (ADM COST) PUBLIC RECORDS, PALM BEACH HARTFORD, CT 06112 2.20 (RECORDING) COUNTY, FL. $152.20 (SW 13TH AVENUE) LOT 6, BLK 4~, ATLANTIC PARK J.JR. & MARY M. SMITH $150.00 GDNS, DELRAY, PB 14, P 56, (H&W) 3616 AVENUE DEGIEN 50.00 (ADM COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33445 2.20 (RECORDING) COUNTY, FL. $202.20 (221-223 SW 13TH AVENUE) -5- Res. No. 73-90 W185.91' OF NW 1/4 OF SE 1/4 GREENLEAF TREE SER. INC. $275.00 OF NW 1/4 LYG S OF GERMANTOWN 3801 SW 14TH ST. 50.00 (ADM COST) RD & W 185.91' OF SW 1/4 OF FT. LAUDERDALE, FL. 2.20 (RECORDING) SE 1/4 OF NW 1/4 (LESS N150'), 33312 $327.20 SUB. OF SEC. 30-46-43, PUBLIC RECORDS, PALM BEACH COUNTY,FL. (3730 GERMANTOWN ROAD) VIOLATION IS: SEC.i'00.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE