Res 18-87 RESOLUTION NO. 18-87
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 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 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 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 May 2~, 1~7 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 26th day
of May , 1987.
MAYOR
ATTEST:
- 2 - Res. No. 18-87
COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
E50' of S135' of Block 3, Town Arideen Close $ 45.00
of Delray, PB 1, P 3, Public 13 S.W. Dolphin Drive 35.00 (Adm. Cost)
Records, Palm Beach County,FL Delray Beach, FL 33445 2.10 (Recording)
(701 N.W. 1st Street) ~ 82.10
Lot 29, Block 1, Southridge, Robert Assantes $ 30.00
PB 13, Pgs 38 & 39, Public Fred Wenisch 35.00 (Adm. Cost)
Records, Palm Beach County,FL 2909 N. Dixie Highway 2.10 (Recording)
(Sterling Avenue) Pompano Beach, FL 33064 $ 67.10
Lot 1, Block 66, Town of Ridgeway Properties,Inc. $ 25.00
Delray, PB 2, P 81, Public % Ridgeway Builders 11.67 (Adm. Cost)
Records, Palm Beach County, P.O. Box 661 2.10 (Recording)
FL Boynton Beach,. FL 33435 $ 38.77
(NE 3rd St. & N. Swinton Ave)
Lot 2, Block 66, Town of Ridgeway Properties,Inc. $ 25.00
Delray, PB 2, P 81, Public % Ridgeway Builders 11.67 (Adm. Cost)
Records, Palm Beach County, P.O. Box 661 2.10 (Recording)
FL Boynton Beach, FL 33435 $ 38.77
(NE 3rd St. & N. Swinton Ave)
Lot 3, Block 66, Town of Ridgeway Properties,Inc. $ 25.00
Delray, PB 2, P 81, Public % Ridgeway Builders 11.66 (Adm. Cost)
Records, Palm Beach County, P.O. Box 661 2.10 (Recording)
FL Boynton Beach, FL 33435 $ 38.76
(NE 3rd St. & N. Swinton Ave)
S50' of N150' of W135' of Charlie Plunkett $175.00
Block 20, Town of Delray, PB 401 N.W. 1st Street 35.00 (Adm. Cost)
1, P 3, Public Records, Palm Delray Beach, FL 33444 2.11 (Recording)
Beach County, FL $212.11
(39 N.W. 6th Avenue)
Lot 10, Lincoln Atlantic Park Rubin & Francine Clinton $ 65.00
Gardens, PB 23, P 226, Public 605 S.W. 5th Avenue 35.00 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.10 (Recording)
FL $102.10
(137-139 S.W. 14th Avenue)
Lot 9, Lincoln Atlantic Park Rubin & Francine Clinton $ 60.00
Gardens, PB 23, P 226, Public 605 S.W. 5th Avenue 35.00 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.10 (Recording)
FL $ 97.10
(133-135 S.W. 14th Avenue)
Lot 17, Lincoln Atlantic Park J. Reeve & Anna Bright $ 30.00
Gardens, PB 23, P 226, Public 700 Seasage Drive 35.00 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.10 (Recording)
FL $ 67.10
(118-120 SW. 13th Avenue)
Lots 1 to 3, Inc., & E 5' of Perry Properties, Inc. $ 75.00
Lot 4, Belleview Court, PB % Wm. & Elizabeth Perry 35.00 (Adm. Cost)
11, P 45, Public Records, 38 High Street 2.11 (Recording)
Palm Beach County, FL Nyack, NY 10960 $112.11
(840 S. Swinton Avenue)
Lot 30 & 31/Less RD R/W, Apex Tire Exchange & $250.00
Block 111, Town of Delray, Service Center 35.00 (Adm. Cost)
PB 13, P 46, Public Records, 290 S.E. 6th Avenue 2.11 (Recording)
Palm Beach County, FL Delray Beach, FL 33444 $287.11
(290 S.E. 6th Avenue)
Lot 19, Block 4, Atlantic Lennard & Mearlene Josey $285.00
Park Gdns., PB 14, P 56, 206 S.W. 13th Avenue 35.00 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 2.11 (Recording)
County, FL $322.11
(228 S.W. 12th Avenue)
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Lot 2, Block 4, Atlantic Park R.M. & Juanita Coffey $ 28.34
Gardens, PB 14, P 56, Public 1502 N.W. 85th Street 11.67 (Adm. Cost)
Records, Palm Beach County,FL Miami, FL 33147 2.10 (Recording)
(S.W. 13th Avenue) $ 42.11
Lot 3, Block 4, Atlantic Park R.M. & Juanita Coffey $ 28.33
Gardens, PB 14, P 56, Public 1502 N.W. 85th Street 11.67 (Adm. Cost)
Records, Palm Beach County,FL Miami, FL 33147 2.10 (Recording)
(S.W. 13th Avenue) $ 42.10
Lot 5 Block 4, Atlantic Park R.M. & Juanita Coffey $ 28.33
Gardens, PB 14, P 56, Public 1502 N.W. 85th Street 11.66 (Adm. Cost)
Records, Palm Beach County,FL Miami, FL 33147 2.10 (Recording)
(S.W. 13th Avenue) $ 42.09
Lot 21, Block B, Tourist Nook, Ross Wiskin $ 85.00
PB 11, P 47, Public Records, 3680 Ironwood Cr.,#101 35.00 (Adm. Cost)
Palm Beach County, FL Bradenton, FL 33505 2.11 (Recording)
(N.W. 8th Avenue) $122.11
Lot 44, Haller& Grootman's Andree & Marie Stevens $ 87.50
Sub., PB 5, P 4, Public 401 N.E. 7th Avenue 17.50 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.11 (Recording)
FL $107.11
(401-405 N.E. 7th Ave.- Alley)
Lot 45, Haller& Grootman's Andree & Marie Stevens $ 87.50
Sub., PB 5, P 4, Public 401 N.E. 7th Avenue 17.50 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.11 (Recording)
FL $107.11
(401-405 N.E. 7th Ave.- Alley)
Lot 29, Block B, Tourist Nook, Delverna C. Riley $ 25.00
PB 11, P 47, Public Records, 231 N.W. 8th Avenue 35.00 (Adm. Cost)
Palm Beach County, FL Delray Beach, FL 33444 2.10 (Recording)
(N.W. 8th Avenue) $ 62.10
Lot 7, Block A, Carver Lenora K. Johnson $ 30.00
Memorial Park, PB 20, P 56, 274 N.W. 58th Street 35.00 (Adm. Cost)
Public Records, Palm Beach Miami, FL 33127 2.10 (Recording)
County, FL $ 67.10
(N.W. 13th Avenue)
W27.5' of Lot 8, 9 & E5' of Rudolph J. Westphal $ 40.00
Lot 10, The Williamson-Deibel 124 N.E. Madison 35.00 (Adm. Cost)
Sub., PB 18, P 55, Public Peoria, IL 61602 2.10 (Recording)
Records, Palm Beach Cty, FL $ 77.10
(1108 Miramar Drive)
E20' of Lot 106 & W40' of Lot Daniel & Mildred Edwards $ 18.00
107, Delray Manor Addn. to 607 S.W. 9th Street 35.00 (Adm. Cost)
Delray, PB 12, P 59, Public Delray Beach, FL 33444 '2.10 (Recording)
Records, Palm Beach County,FL $ 55.10
(607 S.W. 9th Street)
Lot 4, Block 2, Fairlawn, PB Isaac Crispene, et al $ 18.00
25, P 159, Public Records, 1220 N.W. 2nd Street 35.00 (Adm. Cost)
Palm Beach County, FL Delray Beach, FL 33444 2.10 (Recording)
(Cor. NW 13th Ave & NW 2nd St) $ 55.10
Lot 4 & N25' of Lot 5, Block Lydia R. Smiley $ 50.00
8, Rio Del Rey, PB 12, P 84, 913 S.E. 4th Avenue 35.00 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 2.10 (Recording)
County, FL $ 87.10
(913 S.E. 4th Avenue)
Lot 24, Block 4, Priest's L. & Emma L. Forrest $ 25.00
Addn. to Atlantic Park Gdns., P.O. Box 1657 35.00 (Adm. Cost)
PB 14, P 56, Public Records, Delray Beach, FL 33444 2.10 (Recording)
Palm Beach County, FL $ 62.10
(Cor. SW 14th Ave & SW 2nd St)
-4- Res. No. 18-87
Lot 7, Bellehaven Unit B, PB Della Johnson $ 55.00
27, P 27, Public Records, Palm 338 S.W. 10th Avenue 35.00 (Adm. Cost)
Beach County, FL Delray Beach, FL 33444 2.10 (Recording)
(338 S.W. 10th Avenue) $ 92.1~
Lot 53, Sunset Park, PB 12, Juan F. & M.L. Rosado $ 15.00
P 65, Public Records, Palm 1021 S.W. 2nd Street 35.00 (Adm. Cost)
Beach County, FL Delray Beach, FL 33444 2.10 (Recording)
(Mango Drive) $ 52.10
S50' of N250' of W135' of Gerald C. Meitz $ 30.00
Block 33, Town of Delray, 624 Evernia Street 35.00 (Adm. Cost)
PB 1, P 3, Public Records, West Palm Bch, FL 33401 2.10 (Recording)
Palm Beach County,FL $ 67.10
(N.W. 4th Avenue)
S39.5' of Lot 5 & N18.5' of East Atlantic Inv. $ 35.00
Lot 6, Block 78, Town of Robert G. Simpson 35.00 (Adm. Cost)
Delray, PB 1, P 3, Public 1230 Vista Del Mar 2.10 (Recording)
Records, Palm Beach County, Delray Beach, FL 33444 $ 72.10
FL
(131-133 S.E. 1st Avenue)
N50' of S150' of E135' of Pauline Rice Est. $125.00
Block 13, Town of ~Delray, PB % Bernard Wright 35.00 (Adm. Cost)
1, P 3, Public Records, Palm 40 S.W. 6th Avenue 2.11 (Recording)
Beach County, FL Delray Beach, FL 33444 $162.11
(40 S.W. 6th Avenue)
Lot 3 & N 1/3 of Lot 4, Block Joanna B. Bradley & $150.00
43, Town of Delray, PB 1, P Robert L. Bradley 35.00 (Adm. Cost)
3, Public Records, Palm Beach 2824 N.W. 9th Place 2.11 (Recording)
County, FL Ft. Lauderdale, FL 33311 $187.11
(N.W. 3rd Avenue)
N 6.02' of Lot 21 & S37.5' of Viola B. Henderson $425.00
Lot 22, Block 120, Town of % Barbara Henderson 17.50 (Adm. Cost)
Delray, PB 1, P 3, Public 300 S.E. 7th Avenue 2.11 (Recording)
Records, Palm Beach County,FL Delray Beach, FL 33444 $444.61
(S.E. 7th Avenue)
N12.5' of Lot 22, 23 & 24, Viola B. Henderson $425.00
Block 120, Town of Delray, PB % Barbara Henderson 17.50 (Adm. Cost)
1, P 3, Public Records, Palm 300 S.E. 7th Avenue 2.10 (Recording)
Beach County, FL Delray Beach, FL 33444 $444.60
(S.E. 7th Avenue)
Lot 22, Block 15, Town of Alvan E. McFord $ 25.00
Delray, PB 13, P 18, Public 17831 N.W. 47th Avenue 7.00 (Adm. Cost)
Records, Palm Beach County, Carol City, FL 33055 2.10 (Recording)
FL $ 34.10
(Cor. SW 7th Ave & SW 3rd St)
Lot 23, Block 15, Town of Alvan E. McFord $ 25.00
Delray, PB 13, P 18, Public 17831 N.W. 47th Avenue 7.00 (Adm. Cost)
Records, Palm Beach County, Carol City, FL 33055 2.10 (Recording)
FL $ 34.10
(Cor SW 7th Ave & SW 3rd St)
Lot 24, Block 15, Town of Alvan E. McFord $ 25.00
Delray, PB 13, P 18, Public 17831 N.W. 47th Avenue 7.00 (Adm. Cost)
Records, Palm Beach County, Carol City, FL 33055 2.10 (Recording)
FL $ 34.10
(Cor SW 7th Ave & SW 3rd St)
Lot 25, Block 15, Town of Alvan E. McFord $ 25.00
Delray, PB 13, P 18, Public 17831 N.W. 47th Avenue 7.00 (Adm. Cost)
Records, Palm Beach County, Carol City, FL 33055 2.10 (Recording)
FL $ 34.10
(Cor SW 7th Ave & SW 3rd St)
Lot 26, Block 15, Town of Alvan E. McFord $ 25.00
Delray, PB 13, P 18, Public 17831 N.W. 47th Avenue 7.00 (Adm. Cost)
Records, Palm Beach County, Carol City, FL 33055 2.10 (Recording)
FL $ 34.10
(Cor SW 7th Ave & SW 3rd St)
-5- Res. No. 18-R7
Lot 11, Block 5, Del Ida Park, Mrs. Page $ 18.00
PB 9, P 52, Public Records, % Dawn K. Purse 35.00 (Adm. Cost)
Palm Beach County, FL 2690 66th Street S.W. 2.10 (Recording)
(Cor. Dixie Blvd. & NE 5th St) Naples, FL 33999 $ 55.10
Lot 20, Block 1, Atlantic Mary Salomon Est. $ 40.00
Park Gardens, PB 14, P 56, % Lillian Quince 35.00 (Adm. Cost)
Public Records, Palm Beach P.O. Box 119 2.10 (Recording)
County, FL Delray Beach, FL 33444 $ 77.10
(Cor NW 13th Ave & NW 1st St)
Lot 30 & E35' of Lot 31, Patrick A. Podsaid, TR $ 20.00
Delray Beach Esplanade, PB 1126 Vista Del Mar 35.00 (Adm. Cost)
18, P 39, Public Records, Delray Beach, FL 33444 2.10 (Recording)
Palm Beach County, FL $ 57.10
(1126 Vista Del Mar)
Lot 4, Lake Eden Sub., Plat Gerwood P. O'Laughlin $ 25.00
3, PB 29, P 219, Public 24 N.W. 25th Court 35.00 (Adm. Cost)
Records, Palm Beach County Delray Beach, FL 33444 2.10 (Recording)
FL $ 62.10
(24 N.W. 25th Court)
Lot 42, Block 1, Southridge Landmark Ltd. $ 30.00
Plat 1, PB 13, P 38, Public 829 S.E. 9th Street 35.00 (Adm. Cost)
Records, Palm Beach County, Deerfield Bch, FL 33441 2.10 (Recording)
FL $ 67.10
(Sterling Avenue)
VIOLATION IS: Sec. 13-13 - Land to be kept free of debris, vegetation,
matter constituting hazards, declared nuisance.
-6- Res. No. 18-87