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Res 06-88 RESOLUTION NO. 6-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY R~:MOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR ~ DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING f~AID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR ' ~ THE MAILING OF NOTICE OF L~EN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 14 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 14 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 14 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has determined that a nuisance existed in accordance with the standards set forth in Chapter 14 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 14-2 and 14-3 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 14 within the time limits prescribed in Chapter 14 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 14 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach through the City Adminis- tration or such agents or contractors hire~ by the City Administration was therefore required to and did remove s~id junked anSI/or abandoned vehicles owned by persons described in th~ list attached and made a part hereof and incurred costs in abating tie subject nuisance(s); and, WHEREAS, the City Manager of the City of DelIay Beach has, pursuant to Chapter 14 of the Code of Ordir. ances of the ~ity of Delray Beach, submitted to the City Council a repcrt of the costs incurred in abating said nuisance(s) as aforesaid; and, WHEREAS, the City Council of ~he C~ty of Delray beach, pursuant to Chapter 14 of the Code o[ Ordinances desires'to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 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 Section 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 and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment shall be legal, valid and binding o-~iigations 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 Council of the City of Delray Beach on the 26th da~ of Januar¥~ 1988 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. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and 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) da~s 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, iD~terest at the rate of 8%, and collection costs including a reasonable attorney's fee. Section. 6. That at the ~ime the CitT Clerk sends the certified copy of this resolution for recording, a notice of lf.en, in the form of prescribed in Section 14-5 of the Code Df Ordinances shall be mailed to the property owner. PASSED AND ADOPTED in regular session on t~is the 26'!~h day of January , 1988. ATTEST: -2- Res. No. 6-88 COST OF ABATING NUISANCES UNDER CHAPTER 14, SEC. 3 OF THE CODE OF ORDINANCES LAKESIDE TOWNHOMES COMMON LAKESIDE HOMEOWNERS ASSOC. $240.00 PROPERTIES, PB 43, P 15, P.O. BOX 1314 35.00 (ADM.COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33447 (RECORDING) COUNTY, FL (1560 MASTER'S CIRCLE) LOT 3, WILLIAMS SUB., PB 24, EMILY JOHNSON $240.00 P 180, PUBLIC RECORDS, PALM 232 SW 15TH AVE 35.00 (ADM.COST) BEACH COUNTY, FL DELRAY BEACH, FL. 33444 (RECORDING) (232 SW 15TH AVE) N 1/2 OF SE 1/4 OF SE 1/4 OF JAMES & HATTIE L. BROWN $240.00 SW 1/4 UNREC ON AM-82 LOT 1, 802 SW 3RD STREET 35.00 (ADM.COST) SUB: 17-46-43, PB 1, P 3, DELRAY BEACH, FL. 33444 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (802 SW 3RD STREET) LOT 23, BLK 12, MONROE SUB., DOROTHY J. BUTLER & $240.00 PB 14, P 67, PUBLIC RECORDS, PAUL JONES JR. 35.00 (ADM.COST) PALM BEACH COUNTY, FL 1117 SW 8TH STREET (RECORDING) (620 NW 1ST AVE) DELRAY BEACH, FL. 33444 E 1/8 OF W 12 OF N 1/2 OF LOT KENNETH AUSTIN $240.00 1, LESS N 1/2, SUB OF SEC: 1354 13TH STREET 35.00 (ADM.COST) 20-46-43, PB 1, P 4, PUBLIC WEST PALM BEACH,FL. 33401 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (ACROSS FROM 501 SW 6TH AVE) TRACT A, LAKESIDE TOWN HOMES- LAKESIDE HOMEOWNERS ASSOC $240.00 LAKE SIDE WATER MANAGEMENT, P.O. BOX 1314 35.00 (ADM.COST) PB 43, P 15 & 16, PUBLIC DELRAY BEACH, FL. 33447 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (AUGUSTA CIRCLE) LOT 9, PARADISE HEIGHTS, PB SHEDRICK & LONNIE FASHAW $240.00 24, P 113, PUBLIC RECORDS, 221 COUNTRY CLUB BLVD. 35.00 (ADM.COST) PALM BEACH COUNTY, FL BOCA RATON, FL. 33431 (RECORDING) 330 NW 6TH AVE) LOT 55, JEFFERSON MANOR, PB LEO CARRINGTON $~40.00 24, P 150, PUBLIC RECORDS, P.O. BOX 1851 35.00 (ADM.CGST) PALM BEACH COUNTY, FL DELRAY BEACH, FL. 33447 (RECORDING) (322 WASHINGTON AVE) LOT 55, JEFFERSON MANOR, PB LEO CARRINGTON $i~40.00 24, P 150, PUBLIC RECORDS, P.O. BOX 1851 35.00 (ADM.C~)ST) PALM BEACH COUNTY, FL DELRAY BEACH, FL. 33447 (RECOR];ING) (322 WASHINGTON AVE) E50' OF W150' OF S150' OF GLADYS L. LASTER EST. $~4~.00 BLK 18, TOWN of DELRAY, PB 511 NW 2ND STREET .3'5.00 (ADM.C~)ST) 1, P 3, PUBLIC RECORDS, DELRAY BEACH, FL. 33444 (RECOR)ING) PALM BEACH COUNTY, FL (511 NW 2ND STREET) El7' OF LOT 9 & LOT 10, BLK 2, CLEO DUDLEY & $240.00 BELLEVIEW MANOR, PB 24, P 54, MILDRED D. FENTON & 35.00 (ADM.C©ST) PUBLIC RECORDS, PALM BEACH SUSAN D. BROWN (RECORDING) COUNTY, FL 203 SW 8TH COURT (800 S. SWINTON AVE) DELRAY BEACH, FL. 33444 -3- Res. No. 6-88 S67.1' OF W130' OF N WILLIE L.& ERMA J~WRIGHT $240.00 142.1' OF S 1/2 BLK 12, TOWN 106 NW 12TH AVENUE 35.00 (ADM.COST) OF DELRAY, PB 1, P 3, PUBLIC .DELRAY BEACH, FL. 33444 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (NW 7TH AVE) LOTS 1-10 INC. & LOTS 13-21 S & S ONE LTD $240.00 INC., BLK 1, DELRAY BEACH P.O. BOX 29 35.00 (ADM.COST) HEIGHTS EXTENSION SEC B, PB 27, BOCA RATON, FL. 33429 (RECORDING) P 10, PUBLIC RECORDS, PALM BEACH COUNTY, FL (756 SW 16TH AVE) S33' OF LOT 5 & N22.5' OF LOT JOHN T. LO~NSBURY & $240.00 6, BLK 74, TOWN OF DELRAY, PB RICHARD & 35.00 (ADM.COST) 11, P 12, PUBLIC RECgRDS, PALM DONNA LEE LOUNSBURY (RECORDING) BEACH COUNTY, FL 6797 BARBAROSSA STREET (227 NE 1ST AVE) BOCA RATON, FL. 33433 E46.67' OF W448.33' OF N 130' N. & ESTELLA MILLER $240.00 OF N 1/2 OF LOT 1, LESS N25' C/O J. & FRANCINE CLINTON 35.00 (ADM.COST) OF ST.R/W, SUB OF SEC 20-46-43 605 SW 5TH AVENUE (RECORDING) PB.i, P 4, PUBLIC RECORDS, DELRAY BEACH, FL. 33444 PALM BEACH COUNTY, FL (628 SW 4TH STREET( E 1/2 (LESS S96' OF N144' OF E SO.ATLANTIC CONF.ASSN OF $240.00 135', Sl12' OF E 143.6' & 20' SEVENTH DAY ADVENTIST,INC 35.00 (ADM.COST) RD R/W), BLK 34, TOWN OF 201NW 3RD AVENUE (RECORDING) DELRAY, PB 10, P 45, PUBLIC DELRAY BEACH, FL. 33444 RECORDS, PALM BEACH COUNTY, FL (202 NW 3RD AVE) LOT 4, LINCOLN ATLANTIC PARK DANIEL & ANNIE B. GERMAN $240.00 GARDENS, PB 23, P 226, PUBLIC 225 SW 15TH AVENUE 3~.00 (ADM.COST) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL. 33444 (RECORDING) (113-115 SW 14TH AVE) LOTS 1, 2 & 6, BLK 1, COLONIAL BETHAL EVANGELICAL $240.00 HEIGHTS, PB 26, P 69, PUBLIC CHURCH, INC. 35.00 (ADM.COST) RECORDS, PALM BEACH COUNTY, FL C/O FRANK FRANCOIS (RECORDING) (809 SW 8TH AVE) 704 SOUTH SWINTON AVENUE DELRAY BEACH, FL. 33444 VIOLATION IS: SEC. 14-3 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY PROHIBITED; DECLkR~D A NUISANCE; EXCEPTIONS. -4- Res. No. 6-88