Res 27-86 RESOLUTION NO. 27-86
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 13th day of May, 1986, 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 13th day
of May , 1986.
MAYOR
ATTEST:
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COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
Lot 16, Block 35, Town of Grace Barnett $25.00
Delray, PB 1, P 3, Public Rec- 1401 39th Street 35.00 (Adm. Cost)
ords, Palm Beach County, FL. W Palm Be~ch, FL 33407 2.20 (Recording)
(N.W. 3rd Avenue) $62.20
Lot 21, Blk B, Tourist Nook, Russell E. Brown $25.00
PB 11, P 47, Public Records, % Ross Wisbin 35.00 (Adm. Cost)
Palm Beach County, FL. 3680 Ironwood Cir #101 2.20 (Recording)
(216 N.W. 8th Avenue) Bradenton, FL 33505 $62.20
Lot 265, Tropic Isle 3rd Sec., Caribbean Investors & $28.00
PB 25, P 36&37, Public Records, Consultants Co., Inc. 35.00 (Adm. Cost)
Palm Beach County, FL. 1800 S. Ocean B1. #1511 2.20 (Recording)
(Evergreen) Pompano Beach, FL 33062 $65.20
W 75' of E175' of N160' of W Luecretia Walker $25.00
1/2 of S 1/2 of Lot 5, Sub. 601 S.W. 8th Ave. 35.00 (Adm. Cost)
8-46-43, Public Records, Palm Delray Beach, FL 33444 2.20 (Recording)
Bch. County, FL. (Lake Ida Rd) $62.20
S22.5' of Lot 10 & N27'5' of Karen Evans $18.00
Lot 11, Blk 35, Town of Delray, 635 N.W. 5th Street 35.00 (Adm. Cost)
PB 1, P 3, Public Records, Boynton Beach, FL 33435 2.20 (Recording)
Palm Beach County, FL. $55.20
(N.W. 3rd Avenue)
Lot 487, Tropic Isle 4th Sec., John Bolahood, M. $18.00
PB 25, P 69&70, Public Records, Montagano, & Lagas 35.00 (Adm. Cost)
Palm Beach County, FL. Holding, Inc. 2.20 (Recording)
(Avenue L) 703 Fernhill Blvd. $55.20
Oshawa, Ontario,
Canada L1J 5K2
S25.7' of W1/2 of Lot 7 & W John & Joanne S. Lehman $109.00
1/2 of Lot 8, Blk 59, Town of 15 N.W. 1st Street 35.00 (Adm. Cost)
Delray, PB 1, P 3, Public Rec- Delray Beach, FL 33444 2.20 (Recording)
ords, Palm Beach County, FL. $146.20
(15 N.W. 1st Street)
Lot 20, Blk 70, Town of Delray, Phil J.C. Heffernan $ 5.00
PB 6, P 17, Public Records, 6 S.E. 1st Street 35.00 (Adm~ Cost)
Palm Beach County, FL. Delray Beach, FL 33444 2.20 (Recording)
(6 S.E. 1st Street) $42.20
Lot 14, Blk 2, Atlantic Park Maselina Jones $ 5.00
Gardens, PB 14, P 56, Public P.O. Box 1433 35.00 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.20 (Recording)
FL. (S.W. 13th Avenue) $42.20
E50' of W583' of S140' of N165' Jacquel D. Henry $150.00
of N1/2 of NWl/4 of SW1/4 of Victor P. Henry 35.00 (Adm. Cost)
NWl/4, Sec. 17-46-43, PB1, P3, 517 S.W. 9th Court 2.20 (Recording)
Public Records, Palm Bch Cty, Delray Beach, FL 33444 $187.20
FL. (1410 N.W. 2nd Street)
E30' of Lot 105 & W30' of Lot Willie Wright $ 75.00
106, Delray Manor Addn to 106 N.W. 12th Avenue 35.00 (Adm. Cost)
Delray, PB 12, P 59, Public Delray Beach, FL 33444 2.20 (Recording)
Records, Palm Beach County, $112.20
FL. (S.W. 9th Street)
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PROPERTY DESCRIPTION OWNER ASSESSMENT
E126' of N120' of S140' of Blk Ival Stirrup $175.00
12, Town of Delfay, PB1, P3, 602 S. Swinton Ave. 35.00 (Adm. Cost)
Public Records, Palm Bch Cty, Delray Beach, FL 33444 2.20 (Recording)
FL. (615 W. Atlantic Ave.) $212.20
S 6' of Lot 4, Lot 5 & N1.25' Keith & Mavis Dennis $ 50.00
of Lot 6, Blk 59, Town of 135 Springwind Terr. 35.00 (Adm. Cost)
Delray, PB1,P3,Public Records, Altamonte Springs, FL 2.20 (Recording)
Palm Bch County, FL. 32714 $ 87.20
(119 N.W. 1st Avenue)
Lot 1, Blk 2, J.G. Fenno's Ruth Bethel $ 10.00
Sub., PB 2, P 89, Public 1129 N.W. 60th St. 35.00 (Adm. Cost)
Records, Palm Beach County, Miami, FL 33127 2.20 (Recording)
FL. (N.W. 9th Avenue) $ 47.20
Lot 10 less SR 806 R/W, Blk 2, Iredene B. Lewis $ 16.66
J.G.Fenno's Sub, PB 2, P 89, P.O. Box 2212 11.66 (Adm. Cost)
Public Records, Palm Beach Praire View, TX 77446 2.20 (Recording)
County, FL. (W. Atlantic Ave.) $ 30.52
Lot 11 less SR 806 R/W, Blk 2, Iredene B. Lewis $ 16.67
J.G.Fenno's Sub, PB 2, P 89, P.O. Box 2212 11.67 (Adm. Cost)
Public Records, Palm Beach Praire View, TX 77446 2.20 (Recording)
County, FL. (W. Atlantic Ave.) $ 30.54
Lot 12 less SR 806 R/W, Blk 2, Iredene B. Lewis $ 16.67
J.G.Fenno's Sub, PB 2, P 89, P.O. Box 2212 11.67 (Adm. Cost)
Public Records, Palm Beach Praire View, TX 77446 2.20 (Recording)
County, FL. (W. Atlantic Ave.) $ 30.54
Lot 1, Blk 1, Sudan Unit A, Roy Nickels $ 21.00
PB 28, P 144, Public Records, P.O. Box 1084 17.50 (Adm. Cost)
Palm Beach County, FL. Delray Beach, FL 33444 2.20 (Recording)
(200 Davis Road) $ 40.70
Lot 7, Blk 1, Sudan Unit A, Roy Nickels $ 21.00
PB 28, P 144, Public Records, P.O. Box 1084 17.50 (Adm. Cost)
Palm Beach County, FL. Delray Beach, FL 33444 2.20 (Recording)
(260 Davis Road) $ 40.70
N30' of E135' of Blk 10, Town James & Bernice Ivy $ 10.00
of Delray, PB 1, P3, Public 510 E. 28th Street 35.00 (Adm. Cost)
Records, Palm Bch Cty, FL. Patterson, NY 07514 2.20 (Recording)
(246 N.W. 6th Avenue) $ 47.20
Lot 150, Tropic Isle 2nd Sec, Mabelle E. Angelino $ 25.00
PB 24, P 246, Public Records, % Louis Houkal 35.00 (Adm. Cost)
Palm Beach County, FL. 7911 Cortland Pkwy. 2.20 (Recording)
(961 Allamanda Drive) Elmwood Park, IL 60635 $ 62.20
Lot 262, Tropic Isle 3rd Sec, Alfred Jr. & Dorothy $ 24.25
PB 25, P 36&37, Public Rec- Mitch 35.00 (Adm. Cost)
ords, Palm Beach County, FL. 924 Allamanda Drive 2.20 (Recording)
(Evergreen Drive) Delray Beach, FL 33444 $ 61.45
VIOLATION IS: Sec. 13-13. Lands to be kept free of debris, vegetation,
matter constituting hazards; declared 'nuisance.
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