Res 40-87 RESOLUTION NO. 40-87
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 L~."~. TO BE A LIEN UPON THK
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 abandone~ vehicles, and thus failed to abate the nuis-
ance(s) o= to properly request a hearing pursuant to Chapter 14 within
the tim~ 1/~/te prescribed in Chapter 14 of the Code of Ordinances, or
if the propeEty .owner(s) did request and receive a. hearing,
property owner(s) failed and/or neglected to abate such nu~sance{e} as
required by Chapter 14 of the Code of Ordinances~ and,
WHERE~S, the City of Delray Beach, through the City Admi~is-
trat~on or such agents or contractors hired by the CitFAdministr&tion
was therefore required to and did remove said ~unke~ and/or abandoned
vehicles owne~ by persons described in the list attached and made a
par~ hereof an~ incurred costs in abating the subject nuisance(~)! and,
WHERE~S, the City Manager of the City of D~lray Beach has,
pursuant to Chapter 14 of the Code of Ordinances of t~e City of Delray
Beach, submitted to the City Council a report of the ¢~osts incurred in
abating said n~isance(s) as aforesaid~ and,
WHERE~S, 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 individ~al amounts as
shown by the r~p~rt 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
pa~d within thirty (30) days after mailing of the notice describe~ 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 Cit~of
Delray Beach on the . . ' · has levie~ an
assessment against said~roperty or he co t' o atement of ~aid
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
attorneyts 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.
Sectio~ 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 includ~ng a reasonable
attorney's fee.
Section 6. That at the time the- City Clerk sends the
certified copy of th~s resolution for recording, a notice of lien, in
the form of prescribed in Secti¢on 14.-$ of the Code of Ordinanc~s, shall
be mailed to the pro~..erty owner.
PASSED AND IDOPTED ~n regular session on this the 22nd
day of SePtember · .., 1987.
ATTEST:
-2- Res. No. 40-8'7
COST OF ABATING NUISANCES UNDER CHAPTER 14, SEC. 3 ~m?&_~ '~ OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
S26~ of Lot 103 & N36t of Lot James E. & Silver Blue $ 90.00
104, Plumosa Park, Section A, 14 S.E. Dorson Way 35.00 (Adm. Cost)
PB 23, P 68, Public Records, Delray Beach, FL 33445 3.29 (Recording)
Palm Beach County, FL $128.29
(1621 N.E. 3rd Avenue}
Lot 50, Poinciana Heights of Tillie Nelson $240.00
Delray Beach, PB 26, P 245, 1001 N.W. 3rd Terrace 35.00 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 3.30 (Recording)
County, FL and $278.30
(1001 N.W. 3rd Terrace) Tillie Nelson
219 N.W. 10th Avenue
Delra~ ~each, FL 33444
'Lot 19, Replat of Part of Louis & Dale Brown $240.00
Breezy Ridge Estates, PB 23, 9 N.W. 23rd Avenue 35.00 (Adm. Cost)
P 105, P~blic Records, Palm Delray Beach, FL 33444 3.30 (Recording}
Beach County, FL $278.30 ~
(9"N.W. 23rd Avenue)
Lots 8 & 11, Block 4, Priest's Juan,Elijah a L.Thompson $240.00 '
Addn. to Atlantic Park Gdns., 241 S.W. 14th Avenue 35.00 (Adm. Cost)
PB 23, P 70, Public Records, Delray Beach, FL 33444 3.29 (Recording)
Palm Beach County, FL and $278.29
(229-231 S.W. 14th Avenue) Juan,Elijah & L.Thompson
26 S.W. ?th Avenue
Delray Beach, FL 33444
W 1/2 of Lot 1, Lyg W of RY Antebec International $240.00
& E. of St (Less N25f for St % Corporate Management 35.00 (Adm. Cost)
R/W & Less W185' of E205f of Realty Inc. 3.29 (Recording)
S140' of N165~), Block 1, 2549 ?4th Avenue $278.29
Model Land Co~s Sub., PB 26, Miami, FL 33122
P 113, Public Records, Palm
Beach County, FL
(425-475 S.E. 1st Avenue)
S 1/2 of LOt ? & N38t of Lot James J. Parsnik $240.00
8, Block 95, L~n~s Addn. to Ten& M. Stier 35.00 (Adm. Cost)
Osceola Park, Delray, PB 1, 327 S.E. 3rd Avenue 3.29 (Recording)
P 133, Public Records, Palm Delray Beach, FL 33444 $278.29
Beach County, FL
(327 S.E. 3rd Avenue)
W67~ of N50~ of Lot 1, Block Emma Barnes $250.00
44, Town of Delray, PB 1, P 51 N.W. 3rd Avenue 35.00 (Adm. Cost)
3, Public Records, Palm Beach Delray Beach, FL 33444 3.30 (P~cording)
County, FL $288.30
(51 N.W. 3rd Avenue)
N 1/2 of SE 1/4 of .SE 1/4 of Newell & Estella Blue $240.00
SW 1/4/Unrec/Lot '18, Sub. 813 S.W. 3rd Court 35.00 (Ach~. Cost)
17-46-43, PB 1, P 3, Public Delray ~each, FL 33444 3.29 (Recording)
Records, Palm Beach County,FL $278.29
{813 S.W. 3rd Court)
Lot 15, Block 25, Town of Ruth Williams $240.00
Delray, PB 5, P 2, Public 322 N.W. 4th Avenue 35.00 (Adm. Cost)
Records, Palm Beach County,FL Delray Beach, FL 33444 3.29 (Recording)
(322 N.W. 4th Avenue) $278.29
Sl00~ of N120~ of W135~ of Juan R. Rodriguez $245.00
Block 13, Town of Delray, PB 450 S.W. 15th Avenue 35.00 (Adm. Cost)
1, P 3, Public Records, Palm Boca Raton, FL 33432 3.30 (Recording)
Beach County, FL $283.30
(W. Atlantic & S.W. 7th Aves)
-3- Res. No. 40-87
N 1/2 of SE 1/4 ~'1/4 of Myrtle Woods $240.00
SW 1/4/Unrec/Lot~15-' 'Sub, of 901 S.W. 3rd Court 35.00 (Adm. Cost)
17-46-43, PB'I~~ P I8, Pttblic Delray Beach, FL 33444 3.29 (Recording)
Records, Palm Beac~ County,FL $278.29
(901 S.W. 3rd Court)
S48' of Lot 109, N27t of Lot Michael & Pauline $240.00
110, Plumosa Park Section A, Morreale 35.00 (Adm. Cost)
PB 23, P 68, Public Records, 1656 Reamer Street 3.29 (Recording)
Palm Beach County, FL Pittsburgh, PA 15226 $278.29
(1587-89 N.E. 3rd Avenue)
Lot 9, Williams Sub., PB 24, Annie B. German $100.00
P 180, Public Records, Palm 225 S.W. 15th Avenue 35.00 (A~m. Cost)
Beach County, FL Delray Beach, FL 33444 3.29 (Recording)
(225 S.W. 15th Avenue) $138.29
Lot 53, Sunset Park, Delray, J. & M. Rosado $240.00
PB 12, P 65, Public Records, 1021 S.W. 2nd Street 35.00 (Adm. Cost)
Palm Beach County, FL Delray Beach, FL 33444 3.29 (Recording)
(1021 S.W. 2nd Avenue) $278.29
VIOLATION IS= SEC. 14-3 - Storing, Parking, or leaving wrecked or
inoperable motor vehicles on private property prohibited~
Declared a nuisance~ exceptions.
-4- Res. No. 40-87