Res 29-88 RESOLUTION NO. 29-88
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 seawa!ls) 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 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) within seven (7) days
subsequent to the rendering of a decision adverse to the property
owner(s) (thirty-five (35) days for violation of 13-14); and,
WHEREAS, the City of Delray Beach, through the City
Administration 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 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 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 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 obligati~hs 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 10th day of May 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 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.
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
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 10th day
of May , 1988.
MAYOR
ATTEST:
- 2 - Res. No. 29-88
COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 8 & S10' OF LOT 9, BLOCK MICHAEL A. & DAWN KOVACS $ 40.00
11, SEACREST PARK, PB 24, P 2710 S.W. 8TH STREET 35.00 (ADM. COST)
33, PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33435 2.31 (RECORDING)
BEACH COUNTY, FL $ 77.31
(2105-2107 N.E. 3RD AVENUE)
LOT 49, SUNSET PARK, PB 12, ANPE INC. $ 35.00
P 65, PUBLIC RECORDS, PALM 4458 WHITE FEATHER TRAIL 25.00 (ADM. COST)
BEACH COUNTY, FL BOYNTON BEACH, FL 33436 2.31 (RECORDING)
(S.W. 10TH ST. & MANGO DRIVE) $ 62.31
LOT 50/LESS S10', SUNSET PARK, ANPE INC. $ 35.00
PB 12, P 65, PUBLIC RECORDS, 4458 WHITE FEATHER TRAIL 25.00 (ADM. COST)
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33436 2.31 (RECORDING)
(S.W. 10TH ST. & MANGO DRIVE) $ 62.31
LOT 12, CARVER SQUARE, PB 24, EMILIO & PATRICIA GARCIA $ 91.68
P 11, PUBLIC RECORDS, PALM 4458 WHITE FEATHER .TRAIL. 16.68 (ADM... COST)
BEACH COUNTY, FL BOYNTON BEACH, FL 33436 2.32 (RECORDING)
(S.W. 2ND COURT) $110.68
LOT 13, CARVER SQUARE, PB 24, EMILIO & PATRICIA GARCIA $ 91.66
P 11, PUBLIC RECORDS, PALM 4458 WHITE FEATHER TRAIL 16.66 (ADM. COST)
BEACH COUNTY, FL BOYNTON BEACH, FL 33436 2.32 (RECORDING)
(S.W. 2ND COURT) $110.64
LOT 14, CARVER SQUARE, PB 24, EMILIO & PATRICIA GARCIA $ 91.66
P 11, PUBLIC RECORDS, PALM 4458 WHITE FEATHER TRAIL 16.66 (ADM. COST)
BEACH COUNTY, FL. BOYNTON BEACH, FL 33436 2.32 (RECORDING)
(S.W. 2ND COURT) $110.64
LOTS 6 & 7, BLOCK 65, TOWN OF PERRY PROPERTIES, INC. $ 60.00
DELRAY, PB 2, P 20, PUBLIC 38 HIGH AVENUE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL NYACK, NY 10960 2.32 (RECORDING)
(321 NORTH SWINTON AVENUE) $112.32
LOT 14, BLOCK 63, TOWN OF JAMES JR. & GILDA BAUER $ 50.00
DELRAY, PB 6, P 3, PUBLIC 229 S.W. 1ST AVENUE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 2.31 (RECORDING)
(229 S.W. 1ST AVENUE) $102.31
LOT 16, CARVER SQUARE, PB 24, EMILIO & PATRICIA GARCIA $ 50.00
P 11, PUBLIC RECORDS, PALM 4458 WHITE FEATHER TRAIL 50.00 (ADM. COST)
BEACH COUNTY, FL BOYNTON BEACH, FL 33436 2.31 (RECORDING)
(S.W. 2ND TERRACE & S.W. 8TH $102.31
AVENUE)
LOT 150, TROPIC ISLE 2ND MAYBELLE E. ANGELINO $ 50.00
SECTION, PB 24, P 245, PUBLIC % LOUIS HOUKAL 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 7911 W. CORTLAND PKWY. 2.31 (RECORDING)
(ALAMANDA DRIVE) ELMWOOD PARK, IL 60635 $102.31
LOT 17, BLOCK 2, PRIEST'S W. & LOIS CLEMONS $ 20.00
ADDITION TO ATLANTIC PARK 118 S.W. 14TH AVENUE 35.00 (ADM. COST)
GARDENS, PB 23, P 70, PUBLIC P.O. BOX 1151 2.31 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 $ 57.31
(S.W. 14TH AVENUE)
LOT 1, BLOCK 8, OSCEOLA PARK, R.M. JR. & EDWINA JOLLY $ 80.00
PB 3, P 2, PUBLIC RECORDS, 702 S.E. 4TH AVENUE 50.00 (ADM. COST
PALM BEACH COUNTY, FL P.O. BOX 479 2.32 (RECORDING
(702 S.E. 4TH AVENUE) DELRAY BEACH, FL 33444 $132.32
LOT 3, PT OF SUB. OF BLOCK WILLIE & MARNESIA ALLEN $ 60.00
64, DELRAY BEACH, PB 20, P 312 SOUTH SWINTON AVENUE 50.00 (ADM. COST
39, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.31 (RECORDING
BEACH COUNTY, FL $112.31
(312 SOUTH SWINTON AVENUE)
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LOT 16, BLOCK 35, TOWN OF GRACE BARNETT $ 55.00
DELRAY, PB 1, P 3, PUBLIC 1401 39TH STREET 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL WEST PALM BCH, FL 33407 2.31 (RECORDING)
(N.W. 3RD AVENUE) $107.31
E 1/8 OF W 1/2 OF N 1/2 OF KENNETH AUSTIN $ 55.00
LOT 1, LESS N 1/2, SUB. OF 1354 13TH STREET 50.00 (ADM. COST)
SECTION 20-46-43, PUBLIC WEST PALM BCH, FL 33401 2.31 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL $107.31
(S.W. 6TH AVENUE)
THE PT OF ELY 77.41' OF N100' COMMUNITY LAND CORP. $ 75.00
OF S125' OF W 1/4 OF LOT 5 ET AL 50.00 (ADM. COST)
LYG ELY OF 1-95 R/W, SUB. OF P.O. BOX 50001 2.32 (RECORDING)
17-46-43, PUBLIC RECORDS, LIGHTHOUSE PT.,FL 33074 $127.32
PALM BEACH COUNTY, FL
(S.W. 14TH AVENUE)
El00' OF W533' OF S139.8' OF EDDIE SHULER $ 50.00
N312.4' OF N 1/2 OF NW 1/4 OF 601 S.W. llTH DRIVE 50.00 (ADM. COST)
SW 1/4 OF NW 1/4 (LESS 1-95 DEERFIELD BCH, FL 33441 2.31 (RECORDING)
R/W), SECTION 17-46-43, PB 1, $102.31
P.3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL'
(ORANGE'STREET)
LOT 20, BLOCK 1, ATLANTIC MARY SALOMON ESTATE $ 50.00
PARK GARDENS, PB 14, P 56, % LILLIAN QUINCE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 119 2.31 (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33447 $102.31
(N.W. 13TH AVENUE)
LOTS 1 TO 3, INC. & E5' OF PERRY PROPERTIES, INC. $150.00
LOT 4, BELLEVIEW COURT, PB 11, 38 HIGH AVENUE 50.00 (ADM. COST)
P 45, PUBLIC RECORDS, PALM NYACK, NY 10960 2.32 (RECORDING)
BEACH COUNTY, FL. $202.32
(840 SOUTH SWINTON AVENUE)
LOT 15, BLOCK 7, OSCEOLA PARK, JAMES & MAUREEN MAAS $ 45.00
PB 3, P 2, PUBLIC RECORDS, 3825 LONE PINE ROAD 50.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 2.31 (RECORDING)
(613 S.E. 3RD AVENUE) $ 97.31
S26.8' OF LOT 1, & Nll.2' OF MARIE DUNCAN $ 70.00
LOT 2, BLOCK 44, TOWN OF 43 N.W. 3RD AVENUE 50.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC DELRAY BEACH, FL 33444 2.31 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL $122.31
(N.W. 3RD AVENUE)
N85.85' OF S141.85' OF Ell5' DALE J. BRISSON $ 50.00
OF W155' OF N 1/2 OF S 1/2 % DAMO'S PIZZA, INC. 50.00 (ADM. COST)
OF NE 1/4 OF SW 1/4 OF SW 1/4 2235 N. SEACREST BLVD. 2.31 (RECORDING)
SUB. OF SEC. 4-46-43, PUBLIC DELRAY BEACH, FL 33444 $102.31
RECORDS, PALM BEACH COUNTY,FL
(2237 NORTH SEACREST BLVD.)
LOT 3, BLOCK 6, DELRAY BEACH CARIBANK $ 40.00
HIGHLANDS, SECTION 3, PB 27, 255 E. DANIA BEACH BLVD. 50.00 (ADM. COST)
P 108, PUBLIC RECORDS, PALM DANIA, FL 33004 2.31 (RECORDING)
BEACH COUNTY, FL $ 92.31
(2114 S.W. 13TH COURT)
LOT 18, BLOCK 3, ATLANTIC WILLIAM H. BARTON, SR. $ 35.00
PARK GARDENS, PB 14, P 56, WILLIAM F. BARTON 25.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 419 N.W. 9TH AVENUE 2.31 (RECORDING)
COUNTY, FL BOYNTON BEACH, FL 33435 $ 62.31
(S.W. 12TH AVENUE)
LOT 19, BLOCK 3, ATLANTIC WILLIAM H. BARTON, SR. $ 35.00
PARK GARDENS, PB 14, P 56, WILLIAM F. BARTON 25.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 419 N.W. 9TH AVENUE 2.31 (RECORDING)
COUNTY, FL BOYNTON BEACH, FL 33435 $ 62.31
(S.W. 12TH AVENUE)
-4- Res. No. 29-88
S50' OF W135' OF BLOCK 24, T. SR. & EARLENE HAM $ 40.00
TOWN OF DELRAY, PB 1, P 3, P.O. BOX 1473 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MERRITT ISLAND, FL 32952 2.31 (RECORDING)
COUNTY, FL $ 77.31
(S.W. 6TH AVENUE)
NLY87.71' OF LOT 102, PLUMOSA RICHARD WELCH $ 85.00
PARK SEC. A, PB 23, P 68, 1651 N.E. 3RD AVENUE 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.32 (RECORDING)
COUNTY, FL $122.32
(1651 N.E. 3RD AVENUE)
LOT 5, BELLEHAVEN UNIT A, PB EDDIE & JUANITA TRIPP $ 36.88
26, P 164, PUBLIC RECORDS, 316 S.W. llTH AVENUE 35.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.31 (RECORDING)
(316 S.W. llTH AVENUE) $ '74.19
LOT 9 & N25' OF LOT IQ, BLOCK K.C. & PATRICIA K. RODE $175.00
66, TOWN OF DELRAY, PB 2, P ROUTE 1, BOX 191R 50.00 (ADM. COST)
48, PUBLIC RECORDS, PALM HIAWASSEE, GA 30546 2.32 (RECORDING)
BEACH COUNTY, FL $227.32
(248 N.E. 1ST.AVENUE) ·
S17' OF LOT 13, ~LOT 14 & N12' JAMES T. MARTIN $ 50.00
OF LOT 15/LESS W5' RD R/W, MANUEL RAMOS 50.00 (ADM. COST)
BLOCK 111, TOWN OF DELRAY, P.O. BOX 6642 2.31 (RECORDING)
PB 13, P 46, PUBLIC RECORDS, WEST PALM BCH, FL 33405 $102.31
PALM BEACH COUNTY, FL
(261 S.E. 5TH AVENUE)
LOT 4/LESS R/W SR 806, JACK VINIK $ 40.00
MYRICK'S SUB., PB 10, P 79, 950 N.W. 26TH AVENUE 25.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 2.31 (RECORDING)
COUNTY, FL $ 67.31
(WEST ATLANTIC AVENUE)
LOT 5/LESS R/W SR 806, JACK VINIK $ 40.00
MYRICK'S SUB., PB 10, P 79, 950 N.W. 26TH AVENUE 25.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 2.31 (RECORDING)
COUNTY, FL $ 67.31
(WEST ATLANTIC AVENUE)
S43.25' OF LOT 3, BLOCK 30, STRAGHN ENTERPRISES,INC $125.00
TOWN OF DELRAY, PB !, P 3, 26 S.W. 5TH AVENUE 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.32 (RECORDING)
COUNTY, FL $162.32
(117 S.W. 5TH AVENUE)
LOT 14, BLOCK B, CARVER RUFUS NORMAN ESTATE $ 50.00
MEMORIAL PARK, PB 20, P 56, % C. NORMAN ~ 50.00 {ADM. COST)
PUBLIC RECORDS, PALM BEACH 1720 N.W. 8TH STREET 2.31 (RECORDING)
COUNTY, FL MIAMI, FL 33147 $102.31
(N.W. 15TH AVENUE)
LOT 7, BLOCK 4, CHATELAINE HIGINIO GAGO $175.00
NO. 1, PB 29, P 95, PUBLIC 3530 BLVD. CHATELAINE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33445 2.32 (RECORDING)
(3539 BLVD. CHATELAINE) $227.32
LOT 12, BLOCK 49, TOWN OF PIERRE JUSLAINE $ 30.00
DELRAY, PB 12, P 86, PUBLIC 313 N.W. 2ND AVENUE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 2.31 (RECORDING)
(313 N.W. 2ND AVENUE) $ 82.31
-5- Res. No. 29-88
LOT 24, BLOCK 2, ATLANTIC PARK ROY I. MITCHELL $ 50.00
GARDENS, PB 14, P 56, PUBLIC 5919 HYDE PARK CIRCLE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL JACKSONVILLE, FL 32210 2.31 (RECORDING)
(S.W. 12TH AVENUE) $102.31
VIOLATION IS: SEC. 13-13 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No. 29-88