Res 22-88 RESOLUTION NO. 22-88
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 REMOVING 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 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 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 hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 14 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; and,
WHEREAS, the City Council of the City of Delray beach,
pursuant to Chapter 14 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 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 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 12th day of April, 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) 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 fncluding a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 14-5 of the Code of Ordinances, shall
be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the 12th
day of April , 1988.
MAYOR
ATTEST:
-2- Res. No.22-88
COST OF ABATING NUISANCES UNDER CHAPTER 14, SECTION 3
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 1, NICHOLS 2ND ADDITION EDWIN & MARILYN VARIANCE $240.00
TO DELRAY, PB 21, P 70, PUBLIC 201S.W. 7TH STREET 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 3.14 (RECORDING)
(201 S.W. 7TH STREET) $293.14
LOT 14, BLOCK 7, OSCEOLA PARK, JAMES L. & MAUREEN MAAS $240.00
PB 3, P 2, PUBLIC RECORDS, 3825 LONE PINE ROAD 50.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 3.14 (RECORDING)
(617 S.E. 3RD AVENUE) $293.14
LOT 22, BLOCK 2, ATLANTIC PARK WILLIE WILCOX S240.00
GARDENS, DELRAY, PB 14, P 56, 18 S.W. 12TH AVENUE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 3.14 (RECORDING)
COUNTY, FL $293.14
(18 S.W. 12TH AVENUE)
E50' OF W583' OF S140' OF JACQUEL DAWSON $240.00
N165' OF N 1/2 OF NW 1/4 OF 2917-82 S.W. 13TH ST. 50.00 (ADM. COST)
SW 1/4 OF NW 1/4, SECTION GAINESVILLE, FL 32608 3.14 (RECORDING)
17-46-43, PB 1, P 3, PUBLIC $293.14
RECORDS, PALM BEACH COUNTY,FL
(N.W. 2ND STREET)
E50' OF W583' OF S140' OF JACQUEL DAWSON $240.00
N165' OF N 1/2 OF NW 1/4 OF 2917-82 S.W. 13TH ST. 50.00 (ADM. COST)
SW 1/4 OF NW 1/4, SECTION GAINESVILLE, FL 32608 3.15 (RECORDING)
17-46-43, PB 1, P 3, PUBLIC $293.15
RECORDS, PALM BEACH COUNTY,FL
(N.W. 2ND STREET)
S50' OF N250' OF E135' OF ERROL GAYLE $240.00
BLOCK 13, TOWN OF DELRAY, PB 20 S.W. 6TH AVENUE 50.00 (ADM. COST)
1, P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 3.15 (RECORDING)
BEACH COUNTY, FL $293.15
(20 S.W. 6TH AVENUE)
S30' OF LOT 6, BLOCK 28, TOWN LEONARD DAVIS $240.00
OF DELRAY, PB 1, P 3, PUBLIC % GENERAL DELIVERY 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL V.A. BRANCH P.O. 3.15 (RECORDING)
(17 N.W. 5TH AVENUE) LOS ANGELES, CA 90073 $293.15
LOT 64 (LESS E3'), LOTS 65, NOEL S. & PATRICIA SMITH $ 40.00
66 & N15' OF W12' OF LOT 84 49 PALM SQUARE 50.00 (ADM. COST)
IN OR303P673 & S12.5' OF PAR DELRAY BEACH, FL 33483 3.14 (RECORDING)
LYG N OF & ADJ TO LOT 64 $ 93.14
(LESS E3'), PALM SQUARE
UNREC., PALM BEACH COUNTY,FL
(49 PALM SQUARE)
LOT 4, PT OF SUB. OF BLOCK LEVERT JR. & DEVONNE $240.00
64, DELRAY BEACH, PB 20, P HERRINGTON 50.00 (ADM. COST)
39, PUBLIC RECORDS, PALM 316 S. SWINTON AVENUE 3.15 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 $293.15
(316 S. SWINTON AVENUE)
S 1/2 OF LOT 15 & LOT 16, ERMINIA BENITEZ $240.00
BLOCK 54, RESUB. OF S 1/2 OF STELLA B. MARTINEZ 50.00 (ADM. COST)
BLOCK 54, DELRAY, PB 11, P 138 S.W. lST AVENUE 3.15 (RECORDING)
2, PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 $293.15
COUNTY, FL
(138 S.W. 1ST AVENUE)
LOT 1, BLOCK 10, ATLANTIC W. & ANNIE L. THOMAS $240.00
GARDENS, DELRAY, PB 14, P 63, 201 S.W. llTH AVENUE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 3.15 (RECORDING)
COUNTY, FL $293.15
(201 S.W. llTH AVENUE)
-3- Res. No. 22-88
S3' OF LOT 10 & LOTS 11 & 12, EDDIE & YVONNE ODOM, JR. $240.00
BLOCK 43, TOWN OF DELRAY, PB 3905 LOWSON BOULEVARD 50.00 (ADM. COST)
1, P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 3.15 (RECORDING)
BEACH COUNTY, FL $293.15
(130-132 N.W. 2ND AVENUE)
LOT 22, LINCOLN ATLANTIC PARK R. & MARY ANN FERGUSON $240.00
GARDENS, PB 23, P 226, PUBLIC 3893 CORTEZ LANE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33445 3.15 (RECORDING)
(138-140 S.W. 13TH AVENUE) $293.15
VIOLATION IS: SECTION 14-3 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY PROHIBITED;
DECLARED A NUISANCE; EXCEPTIONS.
-4- Res. No. 22-88