Res 36-87 RESOLUTION NO. 36-87
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 obliga~'ion'~ 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 bn the 8~h day.Qf.September. 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 p~blic 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 8th day
of September , 1987.
MAYOR
ATTEST:
~ ~ity Cl~rk ~
- 2 - Res. No. 36-87
COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
Lot 10, Bellehaven Unit A, Otis Williams, Jr. $ 85.00
PB 26, P 164, Public Records, 336 S.W. llth Avenue 35.00 (Adm. Cost)
Palm Beach County, FL Delray Beach, FL 33444 (Recording)
(Cor. SW llth Ave. & 4th St.)
Lot 1, Block 23, Town of John Patman & $ 35.00
Delray, PB 10, P 69, Public James Patman 35.00 (Adm. Cost)
Records, Palm Beach County, FL 211 S. Swinton Avenue (Recording)
(S.W. 5th Avenue) Delray Beach, FL 33444
E126' of N120' of S140' of Ival Stirrup $ 37.50
Block 12, Town of Delray, PB 1, 602 S. Swinton Avenue 17.50 (Adm. Cost)
P 3, Public Records, Palm Delray Beach, FL 33444 (Recording
Beach County, FL
(617-625 W. Atlantic Avenue)
W50' of E176' of N120' of Ival Stirrup $ 37.50
S1401', Block 12, Town of 602 S. Swinton Avenue 17.50 (Adm. Cost)
Delray, PB 1, P 3, Public Delray Beach, FL 33444 (Recording)
Records, Palm Beach County, FL
(617-625 W. Atlantic Avenue)
Lot 9, Block 10, Atlantic A.L. & Annie M. Holliday $ 40.00
Gardens, Delray, PB 14, P 63, 426 S.W. 15th Terrace 35.00 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 (Recording)
County, FL
(S.W. llth Avenue)
Lots 2 & 3, Block 4, Atlantic R.M. & Juanita E. Coffey $ 37.50
Gardens, Delray, PB 14, P 56, 1502 N.W. 85th Street 17.50 (Adm. Cost)
Public Records, Palm Beach Miami, FL 33147 (Recording)
County, FL
(S.W. 13th Avenue)
Lot 5, Block 4, Atlantic Park R.M. & Juanita E. Coffey $ 37.50
Gardens, Delray, PB 14, P 56, 1502 N.W. 85th Street 17.50 (Adm. Cost)
Public Records, Palm Beach Miami, FL 33147 (Recording)
County, FL
(S.W. 13th Avenue)
W 1/2 of Lot 7, Block 30, Town Albert Martin $ 35.00
of Delray, PB 1, P 3, Public Marylin Baron 35.00 (Adm. Cost)
Records, Palm Beach County, FL P.O. Box 41-4002 (Recording)
(S.W. 5th Avenue Miami Beach, FL 33141
Lot 17, Block 95, Linns Addn. Lawrence & Lillie Parker $ 35.00
to Osceola Park, Delray, PB 1, 218 S.E. 4th Avenue 35.00 (Adm. Cost)
P 133, Public Records, Palm Delray Beach, FL 33444 (Recording)
Beach County, FL
(218~220 S.E. 4th Street)
Lot ~19, Block B, Tourist Nook, Delverna C. Riley $ 35.00
PB 11 , P 47, Public Records, 231 N.W. 8th Avenue 35.00 (Adm. Cost)
Palm Beach County, FL Delray Beach, FL 33444 (Recording)
(N.W. 8th Avenue)
Lot 13, Block A, Tourist Nook, Lawrence Pratt $ 25.00
PB 11, P 47, Public Records, 275 W ll4th Street 35.00 (Adm. Cost)
Palm Beach County, FL New York, NY 10026 (Recording)
(N.W. 10th Avenue)
-3- Res. No. 36-87
Lot 20, Block 1, Atlantic Park Mary Salomon Estate $ 50.00
Gardens, Delray, PB 14, P 56, % Lillian Quince 35.00 (Adm. Cost)
Public Records, Palm Beach P.O. Box 119 (Recording)
County, FL Delray Beach, FL 33447
{N.W. 13th Avenue)
Lot 32, Block 5, Dell Park, Raymond Graeve $165.00
PB 8, P 56, Public Records, 5176 N.W. 6th Court 35.00 (Adm. Cost)
Palm Beach County, FL Delray Beach, FL 33445 (Recording)
(N.E. llth Street)
S50' of W135' of Block 24, Town T. & Earlene Ham, Sr. $ 40.00
of Delray, PB 1, P 3, Public P.O. Box 1473 35.00 (Adm. Cost)
Records, Palm Beach County, FL Merritt Island, FL 32952 (Recording)
(S.W. 6th Avenue)
S50' of N300' of W 1/2, Block Thomas C. Harris $ 95.00
6, Town of Delray, PB 1, P 3, P.O. Box 853 35.00 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33447 (Recording)
County, FL
(S.W. 8th Avenue)
Lot 16, Carver Square, PB 24, Emilio & Patricia Garcia $ 50.00
P 11, Public Records, Palm 4458 White Feather Trail 35.00 (Adm. Cost)
Beach County, FL Boynton Beach, FL 33436 (Recording)
(S.W. 8th Avenue)
Lot 49, Delray Manor Addition Catherine L., William & $ 4.61
to Delray, PB 12, P 59, Public Carrie M. Carter 35.00 (Adm. Cost)
Records, Palm Beach County, FL 729 S.W. 9th Court (Recording)
(729 S.W. 9th Court) Delray Beach, FL 33444
Lot 10, Block 1, Palm State Winston Hudson & $ 9.22
Heights, PB 26, P 64, Public Coleen Hayes 35.00 (Adm. Cost)
Records, Palm Beach County, FL 201 S.W. 9th Street (Recording)
(201 S.W. 9th Street) Delray Beach, FL 33444
E40' of Lot 3 & W30' of Lot 4, James & Bessie Ford, Jr. $ 4.61
Block 3, Belleview ManOr, PB 310 N. Mayo Street 35.00 (Adm. Cost)
24, P 54, Public Records, Palm Americus,'GA 31709 (Recording)
Beach County, FL
(108 S.W. 8th Court)
Lot 5, Block 2, Sunny Heights Alton & Margaret Baine $ 9.22
Amended, PB 27, P 221, Public 302 S.W. 8th Street 35.00 (Adm. Cost)
Records, Palm Beach County,FL Delray Beach, FL 33444 (Recording)
(302 S.W. 8th Street)
E30' of Lot 105 & W30' of Lot Willie Wright $ 64.54
106, Delray Manor Addition to 106 N.W. 12th Avenue 35.00 (Adm. Cost)
Delray, PB 12, P 59, Public Delray Beach, FL 33444 (Recording)
Records, Palm Beach County,FL
(611 S.W. 9th Street)
Lot 109 & ~10' of Lot 110, Joseph & Eloise Anderson $ 18.44
Delray Man¢.r Addition to 521 S.W. 9th Street 35.00 (Adm. Cost)
Delray, PB 12, P 59, Public Delray Beach, FL 33444 (Recording)
Records, Pe~lm Beach C~unty,FL
(521 S.W. 5th Street)
N 1/2 of Lot 16, Sellers Addn. Ival Stirrup $ 9.22
Delray Beach, PB 22, P 17, 602 S. Swinton Avenue 35.00 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 (Recording)
County, FL
(602 S. Swinton Avenue)
Lots 10 to 12, Inc./Less SR Iredene B. Lewis $ 85.00
806 R/W, Block 2, J.G. Fenno's P.O. Box 2212 35.00 (Adm. Cost)
Sub., PB 2, P 89, Public Prairie View, TX 77446 (Recording)
Records, Palm Beach County, FL
(Cor. W. Atlantic & NW 9th Ave)
-4- Res. No. 36-87
N50' of S356.4' of E135' of Adelene Jenkins $ 50.00
Block 24, Town of Delray, PB 245 S.W. 12th Avenue 35.00 (Adm. Cost)
1, P 3, Public Records, Palm Delray Beach, FL 33444 (Recording)
Beach County, FL
(S.W. 5th Avenue)
Lot 4, Block 23, Town of Donna Haney $ 75.00
Delray, PB 10, P 69, Public % Mark Perry, Attorney 35.00 (Adm. Cost)
Records, Palm Beach County, FL 50 S.E. 4th Avenue (Recording)
(S.W. 5th Avenue) Delray Beach, FL 33444
Lots 11 & 12, Block A, Tourist Mary L. Nelson $ 73.76
Nook, PB 11, P 47, Public 219 N.W. 10th Avenue 35.00 (Adm. Cost)
Records, Palm Beach County,FL Delray Beach, FL 33444 (Recording)
(219 N.W. 10th Avenue)
Lot 1, Block 1, Rosemont Park Venus Burgess $ 9.22
Delray, PB 13, P 60, Public 601 S.W. 5th Avenue 35.00 (Adm. Cost)
Records, Palm Beach County, FL Delray Beach, FL 33444 (Recording)
(601 S.W. 5th Avenue)
Lots 18 & 19, Block 3, William H. Barton, Sr. $215.00
Atlantic Park Gardens, PB 14, William F. Barton 35.00 (Adm. Cost)
P 56, Public Records, Palm 419 N.W. 9th Avenue (Recording)
Beach County, FL Boynton Beach, FL 33435
(S.W. 12th Avenue)
Lots 3 & 4, Block 8, Dell Richard Court $ 50.00
Park, PB 8, P 56, Public 1012 N.E. 3rd Avenue 35.00 (Adm. Cost)
Records, Palm Beach County, FL Delray Beach, FL 33444 (Recording)
(1012 N.E. 3rd Avenue)
Lot 2 & N 1/2 of Lot 3, Block Magloire & Saintanise $ 25.00
9, Osceola Park, PB 3, P 2, Oriol 35.00 (Adm. Cost)
Public Records, Palm Beach 808 S.E. 4th Avenue (Recording)
County, FL Delray Beach, FL 33444
(808 S.E. 4th Avenue)
Lot 3, Block 7, Osceola Park, Viola Burton $ 50.00
PB 3, P 2, Public Records, 608 S.E. 4th Avenue 35.00 (Adm. Cost)
Palm Beach County, FL Delray Beach, FL 33444 (Recording)
(608 S.E. 4th Avenue)
S40.5' of Lot 20 & Lots 21 & John McCarty & $ 50.00
22, Block 9, Osceola Park, PB Valerie Laury 35.00 (Adm. Cost)
3, P 2, Public Records, Palm 812 S.E. 3rd Avenue (Recording)
Beach County, FL Delray Beach, FL 33444
(812 S.E. 3rd Avenue)
Lot 21, Block 7, Osceola Park, Cathleen Devlin $125.~00
PB 3, P 2, Public Records, 606 S.E. 3rd Avenue 35.00 (Adm. Cost)
Palm Beach County, FL Delray Beach, FL 33444 (Recording)
(606 S.E. 3rd Avenue)
Lot 1 Lyg W of RY & E 'of St Antebec International $ 9.00
(Less N25' for S~ R/W & Less % Anything From Wood 35.00 (Adm. Cost)
W185' of E205' of S14(' of 425 S.E. 1st Avenue (Recording)
N165'), Block 1, Mode] Land Delray Beach, FL 33444
Co's Sub. of W 1/2, P~i 1, P
128, Public Records, Palm
Beach County, FL
(425-475 S.E. 1st Avenue)
Lot 1 Lyg W of RY & E of St Antebec International $ 90.00
(Less N25' for St R/W & Less % Anything From Wood 35.00 (Adm. Cost)
W185' of E205' of S140' of 425 S.E. 1st Avenue (Recording)
N165'), Block 1, Model Land Delray Beach, FL 33444
Co's Sub. of W 1/2, PB 1, P
128, Public Records, Palm
Beach County, FL
(425-475 S.E. 1st Avenue)
-5- Res. No. 36-87
Lot 1 Lyg W of RY & E of St Antebec International $ 35.00
(Less N25' for St R/W & Less % Anything From Wood 35.00 (Adm. Cost)
W185' of E205' of S140' of 425 S.E. 1st Avenue (Recording)
N165'), Block 1, Model Land Delray Beach, FL 33444
Co's Sub. of W 1/2, PB 1, P
128, Public Records, Palm
Beach County, FL
(425-475 $.E. 1st Avenue)
Lot 4, Anderson Block, Delray Elmer D. Stephens, Jr. $230.00
Beach, PB 22, P 45, Public 102 S.E. 4th Street 35.00 (Adm. Cost)
Records, Palm Beach County,FL Delray Beach, FL 33444 (Recording)
(621 S. Swinton Avenue)
W85' of Nl15' of S135' of William D. Gadson & $ 75.00
Block 20, Town of Delray, PB Alice Jones 17.50 (Adm. Cost)
1, P 3, Public Records, Palm 433 No.W. 7th Avenue (Recording)
Beach County, FL Pompano Beach, FL 33060
(N.W..6th Avenue)
N75' of S210' of W135' of William D. Gadson & $ 75.00
Block 20, Town of Delray, Alice Jones ~7.50 (Adm. Cost)
PB. 1,P 3, Public Records, 433 N.W. 7th Avenue (Recording)
Palm Beach County, FL Pompano Beach, FL 33060
(N.W. 6th Avenue)
Lot 8 & N 1/2 of Lot 9, Block House of God Trust $ 30.00
B, West Side Heights, PB 13, 313 S.W. llth Avenue 35.00 (Adm. Cost)
P 61, Public Records, Palm Delray Beach, FL 33444 (Recording)
Beach County, FL
(N.W. 9th Avenue)
E51' of W76' of N120' of S140' S. Fashaw & $ 50.00
of S 1/2, Block 12, Town of Semmie Taylor 35.00 (Adm. Cost)
Delray, PB 1, P 3, Public 221 Country Club Blvd. (Recording)
Records, Palm Beach'County,FL Boca Raton, FL 33431
(West Atlantic Avenue)
E126' of N120' of S140' of Ival Stirrup $ 12.50
Block 12, Town of Delray, 602 S. Swinton Avenue 17.50 (Adm. Cost)
PB 1, P 3, Public Records, Delray Beach, FL 33444 (Recording)
Palm Beach County, FL
(West Atlantic Avenue)
W50' of E176' of N120' of Ival Stirrup $ 12.50
S140' of Block 12, Town of 602 S. Swinton Avenue 17.50 (Adm. Cost)
Delray, PB 1, P 3, Public Delray Beach, FL 33444 (Recording)
Records, Palm Beach County,FL
(West Atlantic Avenue)
All/Less S135' of N147' of J.A. Baldwin, Jr. $ 25.00
W100', N350' of S485' of 702 N.W. 2nd Street 35.00 (Adm. Cost)
W135' & N330' of S465' of Delray Beach, FL 33444 (Recording)
E156.3'/Block 3, Town of
Delray, PB 1, P 3, Public
Records, Palm Beach County. FL
(N.W. 8th Avenue)
E50' of W126' of N120' of ~ Shedrick & Lonnie Fashaw $ 50.00
140' of S 1/2 of Block 12, 221 Country Club Blvd. 35.00 (Adm. Cost)
Town of Delray, PB 1 P 3, Boca Raton, FL 33431 (Recording)
Public Records, Palm Beach
County, FL
(West Atlantic Avenue)
Lot 5, Jefferson Manor, PB 24, Jo Ann & H.Simmons $ 75.00
P 150, Public Records, Palm 317 Roosevelt Avenue 35.00 (Adm. Cost)
Beach County, FL Delray Beach, FL 33444 (Recording)
(317 Roosevelt Avenue)
-6- Res. No. 36-87
Lot 19, Block 12, Monroe Sub., Albert, Willie & $ 75.00
PB 14, P 67, Public Records, Annie Est. 35.00 (Adm. Cost)
Palm Beach County, FL 34 N.W. 6th Avenue (Recording)
(N.W. 6th Avenue) Delray Beach, FL 33444
Lot 6, Block C, West Side Major & Venice Graham $ 20.00
Heights, PB 13, P 61, Public 42 N.W. 9th Avenue 35.00 (Adm. Cost)
Records, Palm Beach County,F1 Delray Beach, FL 33444 (Recording)
(N.W. 10th Avenue)
N285' of S1061' of W240' of Javier & Celia Gomez $250.00
E320' of SE 1/4, 24-46-42, PB % Gabe Banfi, Agent 35.00 (Adm. Cost)
32, P 101, Public Records, 807 N.E. 8th Street (Recording)
Palm Beach County, FL Delray Beach, FL 33444
(Dover Road)
Lots 8 & 9 (Less R/W), Block 2, George B. Liddy, TR $ 92.00
Sophia Frey Addn., PB 4, P 37, 911 N. Federal Highway 35.00 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 (Recording)
County, FL
(911 N. Federal Highway)
S50~ of N200' of W120', Block Edwin C. Ivy $ 70.00
25,Town ofDelray, PB 5, P 2, 519 S.W. 15th Terrace 35.00 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 (Recording)
County, FL
(N.W. 5th Avenue)
VIOLATION IS: Sec. 13-13 - Land to be kept free of debris, vegetation,
matter constituting hazards, declared nuisance.
-7- Res. No. 36-87