Res 12-87 RESOLUTION NO. 12-87
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 ASSESSM~.~TS !
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 14mits 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
A_d~inistration 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 =he
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 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 14th day of April~ 1987, 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 o~ this resolution for recording, a notice of lien, in the
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 14th day
of April , 1987.
'MA~OR
ATTEST~
- 2 - Res. No. 12-87
COST OF ABATING NUISANCES UNDER CHAPTER 13'
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
Lot 12,Block 6,Atlantic Grdns. Willie L. & Erma Wright $120.00
PB 14, Page 56 Public Records, 106 NW 12th Avenue 35.00 (Adm. Cost)
Palm Beach County, F1 Delray Beach, Fl. 33444 2.20 (Recording)
(Cor. SW 12 Ave.& 2nd St.) $157.20
Lot B,Blk 2,Belair Hgts.,PB 20, R & Celestine Cartwright $ 40.00
P 45, Public Records, Palm 28 SW 8th Avenue 35.00 (Adm. Cost)
Beach County, F1 Delray Beach, FI. 33444 2.20 (Recording)
(W.Atlantic Avenue) $ 77.20
Lot 1,Belleview Court Perry Properties $108.33
PB 11, Page 45,Public Records 38 High Avenue 11.67 (Adm. Cost)
Pall Beach County, F1 Nyack, N.Y. 10960 2.20 (Recording)
(S.Swinton Avenue) $122.20
Lot 2, Belleview Court, PB 11 Perry Properties $108.33
P 45, Public Records, Pall 38 High Avenue 11.67 (A~. Cost)
Beach County, F1 Nyack, NY 10960 2.20 (Recording)
(S.Swinton Avenue) $122.20
Lot 3 & E 5 ft.of Lot 4, Perry Properties $108.34
Belleview Court, PB 11, 38 High Avenue 11.66 (Adm. Cost)
P 45, Public Records, Palm Nyack, NY 10960 2.20 (Recording)
Beach County, F1 $122.20
(S. Swinton Avenue)
Lot 14, Block B, Carver Rufus Norman, Estate $ 50.00
Memorial Park, PB 20, P 56 c/o C. Norman 35.00 (Adm. Cost)
Public Records Palm Beach 1720 NW 8th Street 2.20 (Recording)
County, Fl. Miami, Fi 33147 $ 87.20
(NW 15th Avenue)
Lot 3,Block A, Carver Memorial Mary Strapp $ 50.00
Park, PB 20, P 56, Public 210 NW 13th Avenue 35.00 (Adm. Cost)
Records Palm Beach County, F1 Delray Beach, Fi. 33444 2.20 (Recording)
(NW 13th Avenue)' $ 87.20
E 20 Ft. of Lot 118 & W 40 Ft. Nathaniel & Frankie $ 30.00
of Lot 119, Delray Manor Add. McKennon 35.00 (Adm. Cost)
t~ Delray, PB 12, P 59, Public 407 SW 9th Street 2.20 (Recording)
Records Pall Beach County, F1 Delray Beach, Fi. 33444 $ 67.20
(409 SW 9th Street)
Lot 10, Less SR 806 R/W, Block Iredene B. Lewis $ 36.66
2, J.G.Fenno's Sub.,PB 2, P 89 P.O. Box 2212 11.67 (Adm. Cost)
Public Records Pall Beach Prairie View, TX 77446 2.20 (Recording)
County, F1 $ 50.53
(W. Atlantic Avenue)
Lot 11, Less SR 806 R/W Block Iredene B. Lewis $ 36.67
2, J.G.Fenno's Sub., PB 2,P 89, P.O. Box 2212 11.67 (Adm. Cost)
Public Records Palm Beach Prairie View, TX 77446 2.20 (Recording)
County, Fl. $ 50.54
(W. Atlantic ~cnuc~
Lot 12, Less SR 806 R/W, Block Iredene B. Lewis $ 36.67
2, J.G.Fenno's Sub., PB 2,P 89, P.O. Box 2212 11.66 (Adm. Cost)
Public Records Palm Beach Prairie View, TX 77446 2.20 (Recording)
County, Fi. $ 50.53
(W. Atlantic Avenue)
Lot 7, Lincoln Atlantic Park R. & Francine Clinton $ 50.00
Gardens, PB 23, P 226, Public 605 SW 5th Avenue 11.66 (Adm. Cost)
Records Pall Beach County, F1 Delray Beach, Fi 33444 2.20 (Recording)
(SW 14th Avenue) $ 63.86
-3- Res.No. 12-87
Lot 8, Lincoln Atlantic Park R. & Francine Clinton $ 50.00
Gardens, PB 23, P 226, Public 605 SW 5th Avenue . 11.67 (Adm. Cost)
Records Palm Beach County, F1 Delray Beach, FL 33444 2.20 (Recording)
(SW 14th Avenue) $ 63.87
Lot 9, Lincoln Atlantic Park R. & Francine Clinton $ 50.00
Gardens, PB 23, P 226, Public 605 SW 5th Avenue 11.67 (A~m. Cost)
Records Palm Beach County, F1 Delray Beach, FL 33444 2.20 (Recording)
(SW 14th Avenue) $ 63.87
Lot 18, Monroe Sub., Block 4, J. & Catherine Taylor $ 11.25
PB 14, P 67, Public Records 28 NW 7th Avenue 17.50 (Adm. Cost)
Palm Beach County, F1 Delray Beach, FL 33444 2.20 (Recording)
(28 NW 7th Avenue) $ 30.95
LOt 19, Monroe Sub., Block 4, J. & Catherine Taylor $ 11.25
PB 14, P 67, Public Records 28 NW 7th Avenue 17.50 (Adm. Cost)
Palm Beach County, FL Delray Beach, FL 33444 2.20 (Recording)
(28 NW 7th Avenue) $ 30.95
Lot 21, Block B, Tourist Nook, Ross Wiskin $ 25.00
PB 11, P 47, Public Records 3680 Ironwood Ct.Apt 101 35.00 (ARm. Cost)
Palm Beach County, FL Bt&denton, FL 33505 2.20 (Recording)
(NW 8th Avenue) $ 62.20
S 50 Ft. of N 208 Ft. of E 208 Hazel Sanders $125.00
Ft. of W 1/2 of E 1/2 of Lot I P.O. Box 1162 35.00 (Adm. Cost)
Less E 25 Ft. Rd R/W, Sub of Crystal River, FL 32629 2.20 (Recording)
Sec. 20-46-43, Public Records $162.20
Palm Beach County, FL
(418 SW 5th Avenue)
Lot 18, Resub. of Block 29, R.A. & C. Cartwright $ 21.25
Delray Beach, PB 9, P 66, 34 SW 8th Avenue 8.75 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 2.20 (Recording)
County, FL $ 32.20
(SW 4th Avenue)
Lot 19, Resub. of Block 29, R.A. & C. Cartwright $ 21.25
Delray Beach, PB 9, P 66, 34 SW 8th Avenue 8.75 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 2.20 (Recording)
County, FL $ 32.20
(SW 4th Avenue)
Lot 20, Resub. of Block. 29, R.A. a C. Cartwright $ 21.25
Delray Beach, PB 9, P 66, 34 SW 8th Avenue 8.75 (Adm. Cost)
Public Records Palm Beach Delray Beach, FL 33444 2.20 (Recording)
County, FL $ 32.20
(SW 4th Avenue)
Lot 21, Resub. of Block 29, R.A. & C. Cartwright $ 21.25
Delray Beach, PB 9, P 66, 34 SW 8th Avenue 8.75 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 2.20 (Recording)
County, FL $ 32.20
(SW 4th Avenue)
Lot 1, Sub. of Block 5, (Less Mid-Region Leas. & Sales $ 13.63
N 20 Ft.}, Delray Beach, 4 Westwood Road 3.19 (Adm. Cost)
PB 23, P 73-Public Records, Enid, OK 73013 2.20 (Recording)
D~]m ~h County~ FL $ 19.02
(W. Atlantic)
Lot 2, Sub. of Block 5 (Less Mid-Region Leas. & Sales $ 13.63
N 20 Ft.), Delray Beach, 4 Westwood Road~ 3.19 (Adm. Cost)
PB 23, P 73, P~blic Records, Enid, OK 73013 2.20 (Recording)
Palm Beach County, FL $ 19.02
(W. Atlantic)
Lot 3, Sub of Block 5, (Less Mid-Region Leas. & Sales $ 13.63
N 20 Ft.), Delray Beach, 4 Westwood Road 3.18 (A~m. Cost)
PB 23, P 73, Public Records, Enid, OK 73013 2.20 (Recording)
Palm Beach County, FL $ 19.01
(W. Atlantic)
-4- Res.go. 12-87
Lot 4, Sub. of Block 5, (Less Mid-Region Leas. & Sales $ 13.63
N 20 Ft.}, Delray Beach, 4 Westwood Road 3.18 (Adm. Cost)
PB 23, P 73, P~blic Records, Enid, OK 73013 2.20 (Recording)
palm Beach Cotulty, FL $ 19.01
(W. Atlantic)
Lot 5, Sub. of Block 5 (Less Mid-Region Leas. a Sales $ 13.64
N 20 Ft.), Delray Beach, 4 Westwood Road 3.18 (Adm. Cost)
PB 23, P 73, Public Records, Enid, OK 73013 2.20 (Recording)
Palm Beach County, FL $ 19.02
(W. Atlantic)
Lot 6, Sub. of Block 5 (Less Mid-Region Leas. a Sales $ 13.64
N 20 Ft.), Delray Beach, 4 Westwood Road 3.18 (Adm. Cost)
PB 23, P 73, Public Records, Enid, OK 73013 2.20 (Recording}
Palm Beach County, FL $' 19.02
(W. Atlantic}
Lot 7, Sub of Block 5 (Less Mid-Region Leas. & Sales $ 13.64
N 20 Ft.), Delray Beach, 4 Westwood Road 3.18 (Adm. Cost}
PB 23, P 73, Public Records, Enid, OK 73013 2.20 (Recording}
Palm Beach County, FL $ 19.02
(W. Atlantic)
Lot 8, Sub. of Block 5 (Less Mid-Region Leas. a Sales $ 13.64
N 20 Ft.), Delray Beach, 4 Westwood Road 3.18 (Adm. Cost}
PB 23, P 73, Public Records, Enid, OK 73013 2.20 (Recording)
Palm Beach County, FL $ 19.02
(W. Atlantic}
Lot 9, Sub. of Block 5 (Less Mid-Region Leas. & Sales $ 13.64
N 20 Ft.), Delray Beach, 4 Westwood Road 3.18 (Adm. Cost}
PB 23, P 73, Public Records, Enid, OK 73013 2.20 (Recording}
Palm Beach County, FL $ 19.02
(W. Atlantic)
Lot 10, Sub. of Block 5 (Less Mid-Region Leas. & Sales $ 13.64
N 20 Ft.), Delray Beach, 4 Westwood Road 3.18 (Adm. Cost)
PB 23, P 73, Public Records, Enid, OK 73013 2.20 (Recording)
Palm Beach County, FL $ 19.02
(W. Atlantic)
Lot 11, Sub. of Block 5 (Less Mid-Region Leas. & Sales $ 13.64
N 20 Ft.), Delray Beach, 4 Westwood Road 3.18 (Adm. Cost}
PB 23, P 73, Public Records, Enid, OK 73013 2.20 (Recording)
Palm Beach County, FL $ 19.02
W. Atlantic)
Sub. 9-46-43, W 200 Ft of E. Charles Lallouz $140.00
238.54 Ft. of N 1/2 of Lot 28 Cyril Shack 35.00 (Adm. Cost)
less NE 8th St. R/W, Public 4218 NE 2nd Avenue 2.20 (Recording)
Records Palm Beach County, FL Miami, FL 33137 $17'~.20
(NE 8th Street & AIA)
Lot 13, Lincoln Atlantic Park J. Reeve & Anne Bright $ 75.00
Gardens, PB 23, P 226, Public 700 Sea Sage Drive 5.00 (Adm. Cost)
Records Palm Beach County, FL Delray Beach, FL 33444 2.20 (Recording)
(102-104 SW 13th Avenue) $ 82.20
Lot 14, Lincoln Atlantic'Park ~. Reeve & Anne Bright- $ 50.00
Gardens, PB 23, P 226, Public 700 Sea Sage Drive 5.00 (Adm. Cost)
Records Palm Beach County, FL Delray Beach, FL 33444 2.20 (Recording)
(106-108 SW 13th Avenue} $ 57.20
Lot 15, Lincoln Atlantic Park J. Reeve & Anne Bright $ 75.00
Gardens, PB 23, P 226, Public 700 Sea Sage Drive 5.00 (Adm. Cost}
Records Palm Beach County, FL Delray Beach, FL 33444 2.20 (Recording)
(110-112 SW 13th Avenue) $ 82.20
-5- Res.No. 12-87
Lot 16, Lincoln Atlantic Park J. Reeve & Anne Bright $ 25.00
Gardens,.PB 23, P 226, Public 700 Sea Sage Drive 5.00 (Adm. Cost)
Records Palm Beach County, FL Delray Beach, FL 33444' 2.20 (Recording}
(114-116 SW 13th Avenue) $ 32.20
Lot 17, Lincoln Atlantic Park J. Reeve & Anne Bright $ 50.00
Gardens, PB 23, P 226, Public 700 Sea Sage Drive 5.00 (Adm. Cost)
Records Palm Beach County, FL Delray Beach, FL 33444 2.20 (Recording)
(118-120 SW 13th Avenue) 57.20
Lot 18, Lincoln Atlantic Park J. Reeve & Anne Bright $ 50.00
Gardens, PB 23, P 226, Public 700 Sea Sage Drive 5.00 (Adm. Cost}
Records Palm Beach County, FL Delray Beach, FL 33444 2.20 (Recording)
(122-124 SW 13th Avenue) $ 57.20
Lot 19, Lincoln Atlantic Park J. Reeve & Anne Bright $ 25.00
Gardens, PB 23, P 226, Public 700 Sea Sage Drive 5.00 (Adm. Cost)
Records Palm Beach County, FL Delray Beach, FL 33444 2.20 (Recording)
(126-128 SW 13th Avenue} $ 32.20
Lot 297, Tropic Palms Plat %1 Janet L. Knorr $ 37.50
PB 25, P 99-102, Public 745 Heron Drive 35.00. (A~m. Cost}
Records Palm Beach County, FL Delray Beach, FL 33444 2.20 (Recording)
(745 Heron Drive) $ 74.70
Lot 47, Sunset Park,PB 12, J.C.Charles & J.C.Zennat $ 20.00
P 65, Public Records Palm & Paulette Maurogan 17.50 (Adm. Cost)
Beach County, FL 212 SW 10th Street 2.20 (Recording)
(212 SW 10th Street) Delray Beach, FL 33444 $ 39.70
Lot 48, Sunset Park, PB 12, J.C.Charles & J.C.Zennat $ 20.00
P 65, Public Records Palm & Paulette ~urogan 17.50 (Adm. Cost)
Beach County, FL 212 SW 10th Street 2.20 (Recording)
(212 SW 10th Street) Delray Beach, FL 33444 $ 39.70
Lot 6, Block 7, Rosemont Park Henry L.Haywood & $ 45.00
PB 13, P 60, Public Records Cahana Corp. 35.00 (Adm. Cost)
Palm Beach County, FL 211 N.W. 8th Avenue 2.20 (Recording)
(SW 8th Avenue) Delray Beach, FL 33444 $ 82.20
Lot 21, Blk 8, Rosemont Park, Odessa Holt $'125.00
PB 13, P 60, Public Records 714 SW 7th Avenue 35.00 (Adm. Cost)
Palm Beach County, FL Delray Beach, FL 33444 2.20 (Recording)
(714 SW 7th Avenue) $162.20
N 53.05Wof S 312.2Wof W 126.41~ Beulah Deveaux $ 75.00
of E 151.41t of Block 6, Town 126 S.W. 7th Avenue 35.00 (Adm. Cost)
of Delray, PB 1, P 3, Public Delray Beach, FL 33444 2.20 (Recording)
Records Palm Beach County, FL $112.20
(126 SW 7th Avenue)
E 37.3tof W 62.3~of S 93~of Henry Davis $ 45.00
Block 11, Town of Delray, PB 1, 621 NW 1st Street 35.00 (Adm. Cost)
P 3, Public Records Palm Beach Delray Beach, FL 33444 2.20 (Recording)
County, FL $ 82.20
(621 NW 1st Street)
E 51~of W 76~of N 120Wof S.Fashaw & Semmie Taylor $250.00
S 140~of S 1/2 of Block 12, 625 W. Atlantic Avenue 35.00 (Adm. Cost)
Ton of D~lra~'. P~ ~ P ~ De]~y ~h: ~. 33a44 2.20 (Recording)
Public Records Palm ~ach $287.20
County, FL
(625 W. Atlantic Avenue)
E 126~of N 120~of S 140~of Ival Stirrup $ 60.00
Block 12, Town of Delray, 602 S. Swinton Avenue 35.00 (A~m. Cost)
PB I P 3,Public Records Delray Beach, FL 33444 2.20 (Recording)
Palm Beach County, FL $ 97.20
(W. Atlantic Avenue)
-6- Res.No. 12-87
S 90tof N 110t of Block 21, David Hargrove $ 30.00
less W 175~ Town of Delray, Mattie B. Hudson 35.00 (A~m. Cost)
PB 1,P 3, Public Records 220 N.W. 4th Avenue 2.20 (Recording)
Palm Beach County, FL Deerfield Beach,F1.33441 $ 67.20
(West Atlantic Avenue)
N 50~of S 356.4~of E 135tof Adelene Jenkins $ 45.00
Block 24, Town of Delray, 245 SW 12th Ave. 35.00 (A~m. Cost)
PB 1, P 3, Public Records Delray Beach, FL 33444 2.20 (Recording)
Palm Beach County, FL. $ 82.20
(SW 5th Avenue)
S 43.25tof Lot 3, Block 30, Straghn Enterprises,Inc. $250.00
Town of Delray, PB 1, P 3, 26 S.W. 5th Avenue 35.00 (A~m. Cost)
Public Records Palm Beach Delray Beach, FL 33444 - 2.20 (Recording)
County FL $28'7.20
(S.W. 5th Avenue)
Lot 2, Block 102, Town of Victor Nocera $ 25.00
Delray, PB 1, P 3, Public 2755 W. Atlantic Ave. 35.00 (Adm. Cost)
Records Palm Beach County, FL %105 D 2.20 (Recording)
(103 S.E. 4th Avenue) Delray Beach, FL 33444 $ 62.20
VIOLATION IS= Sec. 13-13 - Land to be kept free of debris, vegetation
matter constituting hazards~ declared nuisance.
-7- Res.No. 12-87