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Res 83-90 RESOLUTION NO. 83-90 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 c~rtain 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 llth day of September, 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 llth day of September ,1990. ATTEST: City Cl~k - 2 - Res. No. 83-90 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 1, BLK 2, ROSEMONT GARDENS CARRIE DRAYTON ET AL $ 35.00 UNIT A, PB 29, P 118, PUBLIC 401SW 8TH AVENUE 50.00 (ADM. COST) RECORDS,PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.00 (RECORDING) (SW 8TH AVE & SW 4TH ST) $ 87.00 LOTS 12 & 13, BLK B, RIDGEWOOD STRAGHN ENTERPRISES OF $450.00 HEIGHTS, PB 14, P 44, PUBLIC DELRAY 50.00 (ADM. COST) RECORDS,PALM BEACH COUNTY,FL. 317 SW DORSON WAY 2.00 (RECORDING) (1013 SW 8TH AVENUE) DELRAY BEACH, FL. 33445 $502.00 LOT 11, CARVER SQUARE, PB 24, BENANGE DESSALINES $ 45.00 P 11, PUBLIC RECORDS, PALM RICOULD DORMESTOY 50.00 (ADM. COST) BEACH COUNTY, FL. 700 SW 2ND COURT 2.00 (RECORDING) (700 SW 2ND COURT) DELRAY BEACH, FL. 33444 $ 97.00 LOT 24, BLK 2, PRIEST'S ADD TO SAMUEL T. BALAM $ 60.00 ATLANTIC PARK GARDENS, PB 23, 150 SW 14TH AVENUE 50.00 (ADM. COST) P 70, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.00 (RECORDING) BEACH COUNTY, FL. $112.00 (150 SW 14TH AVE) LOT 13, BLK 2, ATLANTIC PARK DAISY M. RAY $ 85.00 GARDENS, DLERAY, PB 14, P 56, P.O. BOX 74 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH LENOX, GA. 31637 2.00 (RECORDING) COUNTY, FL. $137.00 (SW 13TH AVE) LOT 23, BLK C, RIDGEWOOD IRENE COX $ 65.00 HEIGHTS, DELRAY, PB 14, P 44, 1106 SW 7TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 2.00 (RECORDING) COUNTY, FL. $117.00 (SW 7TH AVE) LOT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 50.00 GARDENS, PB 14, P 53, PUBLIC 111 NE 16TH AVENUE 50.00 (ADM. COST) RECORDS,PALM BEACH COUNTY,FL. BOYNTON BEACH, FL. 33435 2.00 (RECORDING) (SW 10TH AVE) $102.00 LOT 321, TROPIC PALMS PLAT 1, MICHELLE GRZESIAK $ 50.00 PB 25, P 99, PUBLIC RECORDS, 607 NE 17TH AVENUE 50.00 (ADM. COST) PALM BEACH COUNTY, FL. FT. LAUDERDALE,FL. 33304 2.00 (RECORDING) (MALLARD DRIVE) $102.00 LOT 4, CLINTON & MORGAN SUB., DANIEL MORGAN $ 55.00 PB 59, P 138, PUBLIC RECORDS, P.O. BOX 2231 50.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 2.00 (RECORDING) (NW 5TH AVE) $107.00 -3- Res. No. 83-90 W 1/2 OF Sl00' OF TH PT OF EDUARDO & JAIME $ 45.00 S3.4 ACRES OF LOT 10 & TH PT ODABACHIAN (H&W) 50.00 (ADM. COST) ON N1.6 ACRES OF LOT 11 LYG E 6199 N. FEDERAL HWY. 2.00 (RECORDING) OF SR5, BLK 1, MODEL LAND CO. BOCA RATON, FL. 33487 $ 97.00 SUB., PUBLIC RECORDS, PALM BEACH COUNTY, FL. (1211 S FEDERAL HWY) LOT 1, BLK 3, DELRAY SHORES, NADEGE PAULVIL $ 40.00 PB 24, P233, PUBLIC RECORDS, 3411 SE DORSON WAY 50.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 2.00 (RECORDING) (3411 SE DORSON WAY) 33445-2436 $ 92.00 LOT 21, BLK B, TOURIST NOOK, ROSS WISKIN $ 50.00 PB 24, P 235, PUBLIC RECORDS, 3680 FRANWOOD CIRCLE 50.00 (ADM. COST) PALM BEACH COUNTY, FL. APT #101 2.00 (RECORDING) (NW 8TH AVE) BRADENTON, FL. 33505 $102.00 LOT 27, BLK 1, ATLANTIC PARK BENNIE THOMAS $ 60.00 GARDENS, DELRAY, PB 14, P 56, 1720 1ST STREET NORTH 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH WINTER HAVEN, FL. 33881 2.00 (RECORDING) COUNTY, FL. $112.00 (NW 12TH AVE) LOT 3, BLK 1, SUDAN UNIT A, DONALD & VANESSA G.MONROE $105.00 PB 28, P 144, PUBLIC RECORDS, (HUSBAND & WIFE) 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 3948 DOLPHIN DRIVE 2.00 (RECORDING) (DAVIS ROAD) DELRAY BEACH, FL. 33445 $157.00 LOT 4, BLK C, WEST SIDE HATTIE L.HARDWICK ESTATE $ 55.00 HEIGHTS, PB 13, P 61, PUBLIC C/O GEORGE QUAIL 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, 302 BAINBRIDGE STREET 2.00 (RECORDING) FL. (NW 10TH AVENUE) BROOKLN, NY. 11233 '$107.00 LOT 24, BLK A, WEST SIDE DURANTE-STROCK INC. $ 55.00 HEIGHTS, PB 13, P 61, PUBLIC 821 SE 9TH STREET 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. SUITE 201 2.00 (RECORDING) (NW 9TH AVE & NW 2ND ST) DEE9FIELD BCH,FL. 33441 $107.00 LOT 17, BLK 1, ATLANTIC PARK ELKANAH HEPBURN $ 45.00 GARDENS, DELRAY, PB 14, P 56, 1500 CONGRESS AVE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH APT #C9 2.00 (RECORDING) COUNTY, FL. W. PALM BEACH, FL. 33401 $ 97.00 (NW 13TH AVE) LOT 20, BLK 1, ATLANTIC PARK MARY SALOMON ESTATE $ 55.00 GARDENS, DELRAY, PB 14, P 56, C/O LILLIAN QUINCE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 119 2.00 (RECORDING) COUNTY, FL. DELRAY BEACH, FL. 33447 $107.b0 (NW 13TH AVE & NW 1ST ST) -4- Res. No. 83-90 LOT 210, TROPIC ISLE 2ND SEC. ANDREW & SUSAN D. $ 50.00 PB 24, P 246, PUBLIC RECORDS, GIOVINAZZO (H&W) 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 17611 LAKE PARK ROAD 2.00 (RECORDING) (CYPRESS DRIVE) BOCA RATON, FL. 33487 $1'02.00 LOT 7, KENMONT 1ST ADD, PB 22, GRS PENSION TRUST INC. $ 75.00 P 24, PUBLIC RECORDS, PALM AKA RSS PROPERTIES INC. 50.00 (ADM. COST) BEACH COUNTY, FL. 1230 VISTA DEL MAR 2.00 (RECORDING) (906 PALM TRAIL) DELRAY BEACH, FL. 33483 $127.00 LOT 21, BLK 6, SILVER TERRACE, MAUREEN MAAS $ 65.00 DELRAY, PB 11, P 61, PUBLIC 1015 MIAMI BLVD. 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 2.00 (RECORDING) (1015 MIAMI BLVD) $117.00 S30' OF N90' OF E135' OF BLK REBECCA HAYES $ 50.00 10, TOWN OF DELRAY, PB 1 P 3, C/O EDWARD DEMPS 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 3099 2.00 (RECORDING) COUNTY, FL. FT. PIERCE, FL.34948-3099 $102.00 (NW 6TH AVE) S12' OF LOT 7, BLK 19, TOWN OF GEZA M. GYORKY $ 42.50 DELRAY, PB 6, P 97, PUBLIC P.O. BOX 2554 25.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. W. PALM BEACH, FL. 33402 2.00 (RECORDING) (NW 5TH AVE) $ 69.50 LOT 8, BLK 19, TOWN OF DELRAY GEZA M. GYORKY $ 42.50 TOWN OF DELRAY, PB 6, P 97, P.O. BOX 2554 25.00 (ADM. COST) PUBLIC RECORDS,PALM BEACH W. PALM BEACH, FL. 33402 2.00 (RECORDING) COUNTY, FL. $ 69.50 (NW 5TH AVE) LOTS 11 & 12, BLK 47, TOWN OF YVONNE SIMMONS $ 85.00 DELRAY, PB 12, P 81, PUBLIC 3836 DOLPHIN DRIVE 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33445 2.00 (RECORDING) (242 SW 2ND AVE) $137.00 S50' OF N150' OF W135' OF BLK R.I. & MARYLIN S. BARON $ 65.00 14, TOWN OF DELRAY, PB 1, P 3, (HUSBAND & WIFE) 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 6401 NORTH BAY ROAD 2.00 (RECORDING) COUNTY, FL. NO. MIAMI BCH, FL. 33141 $117.00 (109 SW 7TH AVE) LOT 22, BLK 15, TOWN OF DELRAY, ALVAN E. MCFORD $ 11.00 PB 13, P 18, PUBLIC RECORDS, 17831 ~ 47TH AVENUE 10.00 (ADM. COST) PALM BEACH COUNTY,FL. CAROL CITY, FL. 33055 2.00 (RECORDING) (SW 7TH AVE & SW 3RD ST) $ 23.00 LOT 23, BLK 15, TOWN OF DELRAY, ALVAN E. MCFORD $ 11.00 PB 13, P 18, PUBLIC RECORDS, 17831 NW 47TH AVENUE 10.00 (ADM. COST) PALM BEACH COUNTY, FL. CAROL CITY, FL. 33055 2.00 (RECORDING) (SW 7TH AVE & SW 3RD ST) $ 23.00 -5- Res. No. 83-90 LOT 24, BLK 15, TOWN OF DELRAY, ALVAN E. MCFORD $ 11.00 PB 13, P 18, PUBLIC RECORDS, 17831 NW 47TH AVENUE 10.00 (ADM. COST) PALM BEACH COUNTY, FL. CAROL CITY, FL. 33055 2.00 (RECORDING) (SW 7TH AVE & SW 3RD ST) $ 23.00 LOT 25, BLK 15, TOWN OF DELRAY, ALVAN E. MCFORD $ 11.00 PB 13, P 18, PUBLIC RECORDS, 17831 NW 47TH AVENUE 10.00 (ADM. COST) PALM BEACH COUNTY, FL. CAROL CITY, FL. 33055 2.00 (RECORDING) (SW 7TH AVE & SW 3RD ST) $ 23.00 LOT 26, BLK 15, TOWN OF DELRAY, ALVAN E. MCFORD $ 11.00 PB 13, P 18, PUBLIC RECORDS, 17831 NW 47TH AVENUE 10.00 (ADM. COST) PALM BEACH COUNTY, FL. CAROL CITY, FL~ 33055 2.00 (RECORDING) (SW 7TH AVE & SW 3RD ST) $ 23.00 S50' OF N150' OF W135' OF JUANITA V. PATTERSON $ 55.00 S 1/2 OF BLK 22, TOWN OF 329 SW 8TH AVENUE 50.00 (ADM. COST) DELRAY, PB 10, P 38, PUBLIC DELRAY BEACH, FL. 33444 2.00 (RECORDING) RECORDS, PALM BEACH COUNTY,FL. $107.00 (SW 6TH AVE) LOT 32, BLK 15, TOWN OF DELRAY, VERA F. GIBSON $ 22.50 PB 13, P 18, PUBLIC RECORDS, P.O. BOX 66 25.00 (ADM. COST) PALM BEACH COUNTY, FL. INKSTER, MI 48141 2.00 (RECORDING) (SW 6TH AVE) $ 49.50 LOT 33, BLK 15, TOWN OF DELRAY, VERA F. GIBSON $ 22.50 PB 13, P 18, PUBLIC RECORDS, P.O. BOX 66 25.00 (ADM. COST) PALM BEACH COUNTY, FL. INKSTER, MI 48141 2.00 (RECORDING) (SW 6TH AVE) $ 49.50 LOT 1, BLK 23, TOWN OF DELRAY, JOHN PATMAN $ 50.00 PB 10, P 69, PUBLIC RECORDS, JAMES PATMAN 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 82 NW 5TH AVENUE 915 2.00 (RECORDING) (SW 5TH AVE & SW 2ND ST) DELRAY BEACH, FL. 33444 $102.00 El00' OF N50' OF BLK 18, TOWN JULIA SCADLOCK $ 50.00 OF DELRAY, PB 1, P 3, PUBLIC C/O LAWRENCE SCADLOCK 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 2621 BOWEN ROAD SE #104 2.00 (RECORDING) (NW 3RD ST & NW 5TH AVE) WASHINGTON, DC 20020 $102.00 S150' OF E50' OF BLK 18 (LESS H. & HAZEL CLEM (H&W) $ 45.00 E20' R/W), TOWN OF DELRAY, 3 SUMMER STREET 50.00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS, NORWALK, CT 06851 2.00 (RECORDING) PALM BEACH COUNTY, FL. $ 97.00 (NW 2ND ST & NW 5TH AVE) -6- Res. No. 83-90 LOT 24, RESUB. OF BLK 17, JEAN C. DORISCA $125.00 DELRAY BEACH, BLK 17, PB 21, 342 NW 5TH AVENUE 50.00 (ADM. COST) P 90, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.00 (RECORDING) BEACH COUNTY, FL. $177.00 (342 NW 5TH AVE) LOT 394, TROPIC ISLE 3RD SEC. JOSE A. & JANE CHIRIBOGA $ 50.00 PB 25, P 37, PUBLIC RECORDS, (HUSBAND & WIFE) 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 3001 SPANISH TRAIL 2.00 (RECORDING) (3001 SPANISH TRAIL) DELRAY BEACH, FL. 33483 $102.00 N58' OF S 312.12' OF E 135' OF IVERSON LASTER $ 50.00 BLK 10, TOWN OF DELRAY, PB 1, 511 NW 2ND STREET 50.00 (ADM. COST) P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.00 (RECORDING) BEACH COUNTY, FL. $102.00 (NW 6TH AVE) S50' OF N250' OF 135' OF BLK VALERIE W. SMALL $ 50.00 10, TOWN OF DELRAY, PB 1, P3, 28 ORCHARD PLACE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH NEW HAVEN, CT 06511 2.00 (RECORDING) COUNTY, FL. $102.00 (NW 6TH AVE) S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS ESTATE $ 50.00 BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 50.00 (ADM. COST) P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 2.00 (RECORDING) BEACH COUNTY, FL. $102.00 (303 SW 2ND AVE) LOT 9, BLK 41, TOWN OF DELRAY, EDITH CLARK QUINN $ 50.00 PB 5, P 65, PUBLIC RECORDS, 3820 DOLPHIN DRIVE 50.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 2.00 (RECORDING) (NW 2ND AVE) $102.00 LOT 5 & 23, BLK 32, TOWN OF I. & LOUISE JOHNSON $400.00 DELRAY, PB 6, P 97, PUBLIC (H&W) 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL. 32 SW 5TH AVENUE 2.00 (RECORDING) (320 SW 4TH AVE) DELRAY BEACH, FL. 33444 $452.00 S50' OF N250' OF E135' OF BLK ERROLL GAYLE $ 55.00 13, TOWN OF DELRAY, PB 1, P 3, 20 SW 6TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 2.00 (RECORDING) COUNTY, FL. $107.00 (20 SW 6TH AVE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -7- Res. No. 83-90