Res 07-88 RESOLUTION NO. 7-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 13 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; 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 ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City manager or his designated representative has,
pursuant to Chapter 13 of the Code of Ordinances, declared the existence
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 13 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 13-16 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
13 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 13-16 and 13-17 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 13-14 pertaining to seawalls) they must abate
said nuisance, or file a written request for a hearing .to review the
decision that a nuisance existed within seven (7) days from the date of
said notice, failing in 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 assessment 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 13-16 within the time limits prescribed in
said notice and Chapter 13 of the Coce of Ordinances, or if the property
owner(s) did request and receive ~ hea~cing, said property owner(s)
failed and/or neglected to abate suc% nuisance(s) within seven (7) days
subsequent to the rendering of a decision adverse to the property
owner(s) (thirty-five (35) ~ays for '~iolat%on of 13-14); and,
WHEREAS, the ~ity of ]~elray Beach, through the City
Administration or such agents or contractors hired by the City
Administration was therefore Iequire~ to and did enter upon the land(s)
described in the list attached amd 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 13 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Council 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 Council of the City of Delray Beach, pursuant
to Chapter 13 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 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 upon the lots 9r
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 and with the same penalties
and under the same provisions as to sale and foreclosure as City taxes
are collectible.
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 Council of the City of
Delray Beach on the 26th day of January, 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 dare'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 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, ~he Cindy Clerk is hereby directed to
record a certified copy of this resolute, or in the public records of Palm
Beach County, Florida, and upon the date an¢' 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 inC!.u~i~g a reasonable attorney's
fee.
Section 6. That at the time the Cit; Clerk sends the certified
copy of this resolution for recording, & notice of lien, in the form
prescribed in Section 13-20 of the Code of Ordinances, shall be mailed
to the property owner.
PASSED AND ADOPTED in regular session on this the 26th day
of January , 1988.
MAYOR
ATTEST:
City Cl~rk
- 2 - Res. No. 7-88
COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
LOTS 9 TO 12, INC., BLK 2, JOHNNY & LELA COLEY $ 15.00
PRIEST'S ADDN TO ATLANTIC PARK 1730 NW 5TH AVE. 35.00 (ADM.COST)
GARDENS, PB 23, P 70, PUBLIC P.O. BOX 1252 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL POMPANO BEACH, FL 33061
(139 SW 15TH AVE)
LOT 4, BLK 5, CHATELAINE #1, WILLIAM P. ROBISON $ 184.40
PB 29, P 94 & 95, PUBLIC 3643 AVENUE MONTRESSOR 35.00 (ADM.COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACHi FL 33445 (RECORDING)
(3643 AVE MONTRESSOR)
LOT 23, BLK 23, TOWN OF £ELRAY GRACE BARNETT $ 250.00
PB 10, P 69, PUBLIC RECOPDS, 1401 39TH STREET 35.00 (ADM.COST)
PALM BEACH COUNTY, FL WEST PALM BCH, FL 33407 (RECORDING)
(511 SW 3RD ST)
LOT 5, BLK B, WESTSIDE H~iIGHTS FIRST FED SAV & LOAN ASSN $ 75.00
PB 13, P 61, PUBLIC RECOPDS, C~O WIENER ET AL 35.00 (ADM.COST)
PALM BEACH COUNTY, FL P.O. BOX 694347 (RECORDING)
(131 NW 9TH AVE) MIAMI, FL 33269
LOT 19, SUB OF BLK 5, DELRAY BERTRAM & BETTE DEAN $ 20.00
BEACH, PB 23, P 72, PUBLIC 506 SW 14TH AVE. 17.50 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(47 SW 8TH AVE)
LOT 20, SUB OF BLK 5, DELRAY BERTRAM & BETTE DEAN $ 20.00
BEACH, PB 23, P 72, PUBLIC 506 SW 14TH AVE. 17.50 (ADM.COST)
RECRDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(47 SW 8TH AVE)
LOT A, BLK 2, BELAIR HEIGHTS, JOHN ANDREWS $ 50.00
DELRAY, PB 20, P 45, PUBLIC 125 SW 8TH AVE. 17.50 (ADM.COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(WEST ATLANTIC)
W80' OF E300' OF S130' OF N JOHN ANDREWS $ 50.00
145' OF LOT 9, LESS R/W SR 806 125 SW 8TH AVE. 17.50 (ADM.COST)
SUB 17-46-43, PB 20, P 45, DELRAY BEACH, FL 33444 (RECORDING)
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(WEST ATLANTIC)
LOT 1, BLK 7, ROSEMONT PARK, LUCRETIA WALKER $ 18.44
DELRAY, PB 13, P 60, PUBLIC 601 SW 8TH AVE. 35.00 (ADM.COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(601 SW 8TH AVE)
LOT 11, BLK 26, TOWN OF DELRAY RONALD SMITH $ 92.20
PB 5, P 64, PUBLIC RECORDS, 403 NW 2ND ST. 35.00 (ADM.COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(403 NW 2ND ST)
LOT 37, DELRAY MANOR ADDN TO DANIEL McGILL, JR. $ 27.36
DELRAY, PB 12, P 59, PUDLIC 2120 ELKRIDGE LDNE 35.00 (ADM.COST)
RECORDS, PALM BEACH COUNTY, FL RICHhOND, VA 23223 (RECORDING)
(943-945 SW 6TH AVE)
N30' OF S330' OF E 135' OF JEAN A. WESTER ET AL $ 138.30
W285' OF S 1/2 OF N 1/2 OF 126 NW llTH AVE. 35.00 (ADM.COST)
LOT 6, 17-46-43, PB 1, P 3, DELRAY BEACH, FL 33445 (RECORDING)
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(126 NW llTH AVE)
LOT 3, BLK 17, RESUB OF BLK 17 N.L.& WILLIE MAE WILSON $ 46.10
DELRAY BEACH, PB 21, P 90, 343 NW 6TH AVE. 35.00 (ADM.COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
(343 NW 6TH AVE)
-3- RES. NO. 7-88
LOT 9, BLK 3, COLONIAL HEIGHTS JOHN & ANNIE KEMP $ 6.88
PB 26, P 69, PUBLIC RECORDS, 602 SW 8TH COURT 35.00 (ADM.COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(602 SW 8TH COURT)
LOT 7, BLK 1, SUDAN UNIT A, ROY E. NICKELS $ 17.50
PB 28, P 144, PUBLIC RECORDS, 4677 ELWOOD DRIVE 17.50 (ADM.COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (RECORDING)
(DAVIS ROAD)
LOT 12, LINCOLN PARK, DELRAY, SAMUEL JONES $ 30.00
PB 23, P 160, PUBLIC RECORDS, 914 SW 1ST ST. 35.00 (ADM.COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(SW 10TH AVE)
LOT 1, BLK 9, ATL.~NTIC GARDENS ANNIE & MAGGIE WATT $ 75.00
DELRAY, PB 14, P 63, PUBLIC C/O ADELINE JENKINS 35.00 (ADM.COST)
RECORDS, PALM BEACH COUNTY, FL 245 SW 12TH AVE. (RECORDING)
(SW llTH AVE) DELRAY BEACH, FL 33444
LOT 8, BLK 9, ATL~NTIC GARDENS ETHEL L. CEASAR $ 25.00
DELRAY, PB 14, P ~3, PUBLIC 237 SW llTH AVE. 35.00 (ADM.COST)
RECORDS, PALM BEA~H COUNTY, FL DEERAY BEACH, FL 33444 (RECORDING)
(237 SW llTH AVE)
LOT 29, BLK B, TOURIST NOOK, DELVERNA C. RILEY $ 70.00
PB 11, P 47, PUBLIC RECORDS, 231 NW 8TH AVE. 35.00 (ADM.COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(NW 8TH AVE)
N'LY 191.44' OF W'LY 523.70' DELRAY ISLANDS INC. $1090.10
OF W 1/2 OF LOT 19, LYG S ADJ C/O PAUL SHAPIRO 35.00 (ADM.COST)
TO LAKE IDA ROAD, SUB 8-46-43, 777 S. FLAGLER DRIVE (RECORDING)
PB 1, P 3, PUBLIC RECORDS, SUITE 900
PALM BEACH COUNTY, FL WEST PALM BCH, FL 33401
(LAKE IDA ROAD)
LOT 1, UNIT B, BELLHAVEN, M. & METTEREN BRINSON $ 25.00
PB 27, P 27, PUBLIC RECORDS, 302 SW 10TH AVE. 35.00 (ADM.COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(302 SW 10TH AVE)
SE 1/4 OF SW 1/4 OF SW 1/4 S REV. KEITH DENNIS $ 392.29
OF LAKE IDA RD. (LESS E 187'), 135 SPRINGWOOD TRAIL 17.50 (ADM.COST)
S/D 8-46-43, PB 1, P 3, PUBLIC ALTAMONTE SPRINGS, FL (RECORDING
RECORDS, PALM BEACH COUNTY, FL 32751
(ROOSEVELT AVE)
E 187' OF SE 1/4 OF SW 1/4 OF REV. KEITH DENNIS $ 392.28
SW 1/4 LYG S OF LAKE IDA RD 135 SPRINGWOOD TRAIL 17.5~ (ADM.COST)
R/W, S/D 8-46-43, PB 1, P 3, ALTAMONTE SPRINGS, FL (RECORDING)
PUBLIC RECORDS, PALM BEACH 32751
COUNTY, FL
(ROOSEVELT AVE)
LOT 27, BLK 1, ATLANTIC PARK BENNIE THOMAS $ 85.1~0
GARDENS, DELRAY, PB 14, P 56, 1720 lST ST. N. 35.~i~0 (ADM.COST)
PUBLIC RECORDS, PALM BEACH WINTER HAVEN, FL 33881 (RECORDING)
COUNTY, FL
(NW 12TH AVE)
LOT 22, BLK 3, DELRAY BEACH PEDRO & MILDRED.JORDAN $ 25.00
HEIGHTS, PB 25, P 186, PUBLIC 930 SW 10TH AVE. 35.00 (ADM.COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(930 SW 10TH AVE)
LOTS 1 TO 5, INC., BLK 15, CARL L. FASHAW $ 75.00
TOWN OF DELRAY, PB 13, P 18, 616 SW 2ND ST. 35.00 (ADM.COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
(616 SW 2ND ST)
-4- RES. NO. 7-88
E50' OF W175' OF N160' OF BEATRICE GRAHAM $ 75.00
W 1/2 OF S 1/2 OF LOT 5, SUB BOBBY GRAHAM 35.00 (ADM.COST)
8-46-43, PB 1, P 3, PUBLIC 721 NW 4TH ST. (RECORDING)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(LAKE IDA ROAD)
E60' OF W250' OF S 135' OF LILLIE B. JONES $ 35.00
W 1/2 OF S 1/2 OF LOT 5, SUB. JOHN D. WELLS 35.00 (ADM.COST)
8-46-43, PB 1, P 3, PUBLIC 914 SW 1ST ST. (RECORDING)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(NW 4TH ST)
S23.5' OF LOT 4 & N37' OF LOT STEPHEN & EDITH BLAIR $ 50.00
5,~LK 78, TOWN OF DELRAY, 125 SE 1ST AVE. 35.00 (ADM.COST)
PB 1, P 3, PUBLIC RECORDS, DELRAY BEACH, FL 33444 (RECORDING)
PALM BEAC{ COUNTY, FL
(125 SE liT AVE)
LOT 1, BL{ 1, SUDAN UNIT A, ROY E. NICKELS $ 17.50
PB 28, P 144, PUBLIC RECORDS, 4677 ELWOOD DRIVE 17.50 (ADM.COST)
PALM BEAC~ COUNTY, FL DELRAY BEACH, FL 33445 (RECORDING)
(DAVIS RO~D)
LOT 38, LINCOLN PARK, DELRAY, LILLIAN QUINCE $ 25.00
PB 23, P 160, PUBLIC RECORDS, 106 SW 8TH AVE. 35.00 (ADM.COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(SW 8TH AVE)
LOT 41, LINCOLN PARK, DELRAY, MAGALENE MOONEY $ 25.00
PB 23, P 160, PUBLIC RECORDS 120 SW 8TH AVE. 35.00 (ADM.COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(SW 8TH AVE)
LOTS 47 & 48, DELRAY MANOR JOHNNY JACOBS $ 40.00
ADDN TO DELRAY, PB 12, P 59, WILLIE MILLER 35.00 (ADM.COST)
PUBLIC RECORDS, PALM BEACH 402 SW 9TH COURT (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33444
(402 SW 9TH COURT)
E46.67' OF W448.33' OF N 130' N. & ESTELLA MILLER $ 50.00
OF N 1/2 OF LOT 1 LESS N 25' C/O J.& FRANCINE CLINTON 35.00 (ADM.COST)
OF ST R/W, SUB OF SEC 20-46-43 605 SW 5TH AVE. (RECORDING)
PUBLIC RECORDS, P~M BEACH DELRAY BEACH, FL 33444
COUNTY, FL
(628 SW 4TH ST)
LOT 16, BLK 35, TOWN OF DELRAY GRACE BARNETT $ 45.00
PB 1, P 3, PUBLIC RECORDS, 1401 39TH ST. 35.00 (ADM.C(,ST)
PALM BEACH COUNTY, FL WEST PALM BCH, FL 33407 (RECORFING)
(NW 3RD AVE)
S24.7' OF LOT 5, BLK 28, TOWN ALEX M. SHATZ $ 62.50
OF DELRAY, PB 1, P 3, PUBLIC THOMAS J. WOOLLEY, JR. 17.50 (ADM.C(ST)
RECORDS, PALM BEACH COUNTY, FL P.O. BOX JJ (RECORrING)
(NW 5TH AVE) BOYNTON BEACH, FL 33435
N44.7' OF LOT 6, BLK 28, TOWN ALEX M. SHATZ $ 62.50
OF DELRAY, PB 1, P 3, PUBLIC THOMAS J. WOOLLEY, JR. 17.50 ~ADM.C(ST)
RECORDS, PALM BEACH COUNTY, FL P.O. BOX JJ (RFCOR£ING)
(NW 5TH AVE) BOYNTON BEACH, FL 33435
S62' OF Nl12' OF W287.2' OF WILLOBY & ANGELA DOWNS $ 50.00
BLK 18, TOWN OF DELRAY, PB 1, COLLEEN HAYES 35.00 (ADM.COST)
P 3, PUBLIC RECORDS, PALM 531 SW 4TH AVE. (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(NW 6TH AVE)
N285' OF S1061' OF W240' OF JAVIER & CELIA GOMEZ $368.80
E320' OF SE 1/4, 24-46-42, C/O GABE BANFI, AGENT 35.00 (ADM.COST)
PUBLIC RECORDS, PALM BEACH 807 NE 8TH ST. (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33483
(DOVER ROAD)
-5- RES. NO. 7-88
LOT 205, TROPIC ISLE 2ND SEC., TONY ULWICK $ 55.32
PB 24, P 245, PUBLIC RECORDS, 937 CYPRESS DRIVE 35.00 (ADM.COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (RECORDING)
(937 CYPRESS DRIVE)
'VIOLATION IS: SEC. 13-13 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- RES. NO. 7-88