Res 57-86 RESOLUTION NO. 57-86
A RESOLUTION OF THE CITY COUNCIL OF THE C~TY .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 28th day of October, 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 ~ day
of October , 1986.
M A Y O R
ATTEST:
- 2 - ~Res. No. 57-86
COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
Lot 12, Block 2, J.G. Fenno's Iredene B. Lewis $ 85.00
Sub., PB 2, P 89, Public P.O. Box 2212 35.00 (Adm. Cost)
Records, Palm Beach County, Praire View, TX 77446 2.31 (Recording)
FL (W. Atlantic Avenue) $122.31
E 1/2 of Lot 16, Block 35, Town Grace Barnett $ 50.00
of Delray, Public Records, Palm 1401 39th Street 35.00 (Adm. Cost)
Beach County, FL W. Palm Beach, FL 33407 2.31 (Recording)
(N.W. 3rd Avenue) $ 87.31
Lot 2, Block 1, Colonial Bethel Evangelical $ 75.00
Heights, PB 26, P 69, Public Church, Inc. 35.00 (Adm. Cost)
Records, Palm Beach County, c/o Frank Francois 2.31 (Recording)
FL (S.W. 8th Court) 704 S. Swinton Ave. $112.31
Delray Beach, FL 33444
W200' of E238.54' of N 1/2 of Charles Lallouz & $125.00 -
Lot 28, Less NE 8th St. R/W, Cyril Shack 35.00 (Adm. Cost)
Sec. 9-46-43, Public Records, 4141 N.E. 2nd Ave. 2.31 (Recording)
Palm Beach County, FL Miami Beach, FL 33137 $162.31
(A1A & N.E. 8th Street)
S50' of N200' of W120' of Block Edwin C. Ivy $160.00
25, Town of Delray PB 5, P 2, 519 S.W. 15th Terrace 35.00 (Adm. Cost)
Public Records, Palm Beach Delray Beach, FL 33444 2.31 (Recording)
County, FL (N.W. 5th Avenue) $197.31
Lot 8, Block 1, Pine Trail Fred A. Kurszewski $ 25.00
East, PB 35, P 174, Public 10519 W. Grantosa Drive 35.00 (Adm. Cost)
Records, Palm Beach County, FL Milwaukee, WI 53222 2.30 (Recording)
(N.W. 45th Drive) $ 62.30
Lot 384, Tropic Isle 3rd Sec., Leonard L. Surles, Jr. $ 25.00
PB 25, P 36 & 37, Public 313 S.E. 2nd Avenue 35.00 (Adm. Cost)
Records, Palm Beach County, FL Delray Beach, FL 33444 2.30 (Recording)
(Iris Drive) $ 62.30
S25.7' of W 1/2 of Lot 7 & W John & Joanne S. Lehman $250.00
1/2 of Lot 8, Block 59, Town of 15 N.W. 1st Street 35.00 (Adm. Cost)
Delray, Public Records of Palm Delray Beach, FL 33444 2.31 (Recording)
Beach County, FL $287.31
(N.W. 1st Street)
Lot 6, Block 65, Town of Wm A. & Elizabeth Perry $112.50
Delray, PB 2, P 20, Public 38 High Avenue 17.50 ~Adm. Cost)
Records, Palm Beach County, Nyack, NY 10960 2.31 (Recording)
FL (321 North Swinton Ave.) $132.31
Lot 7, Block 65, Town of Wm A. & Elizabeth Perry $112.50
Delray, PB 2, P 20, Public 38 High Avenue 17.50 (Adm. Cost)
Records, Palm Beach County, Nyack, NY 10960 2.31 (Recording)
FL (321 North Swinton Ave.) $132.31
Lot 32, Block 15, Town of Vera F. Gibson $ 20.00
Delray, PB 13, P 18, Public P.O. Box 66 35.00 (Adm. Cost)
Records, Palm Beach County, Inkster, MI 48141 2.30 (Recording)
FL (S.W. 6th Avenue) $ 57.30
- 3 - Res. No. 57-86
Lot 33, Block 15, Town of Vera F.~Gibson $ 20.00
Delray, PB 13, P 18, Public P.O. Box 66 17.50 (Adm. Cost)
Records, Palm Beach County, Inkster, MI 48141 2.30 (Recording)
FL (S.W. 6th Avenue) $ 39.80
Lot 10, Block 2, J.G. Fenno's Iredene B. Lewis $ 46.67
Sub., PB 2, P 89, Public P.O. Box 2212 11.67 (Adm. Cost)
Records, Palm Beach County, Praire View, TX 77446 2.31 (Recording)
FL (NW 9th Ave & Atlantic Ave) $ 60.65
Lot 11, Block 2, J.G. Fenno's Iredene B. Lewis $ 46.67
Sub., PB 2, P 89, Public P.O. Box 2212 11.67 (Adm. Cost)
Records, Palm Beach County, FL Praire View, TX 77446 2.31 (Recording)
(NW 9th Ave. & Atlantic Ave.) $ 60.65
Lot 12, Block 2, J.G. Fenno's Iredene B. Lewis $ 46.66 -
Sub., PB 2, P 89, Public P.O. Box 2212 11.66 (Adm. Cost)
Records, Palm Beach County, FL Praire View, TX 77446 2.31 (Recording)
(NW 9th Ave. & Atlantic Ave.) $ 60.63
Lot 2, Block 4, Atlantic Park R.M. & Juanita E. Coffey $ 36.67
Gardens, PB 14, P 56, Public 1502 N.W. 85th St. 11.67 (Adm. Cost)
Records, Palm Beach County, FL Miami, FL 33147 2.30 (Recording)
(S.W. 13th Avenue) $ 50.64
Lot 3, Block 4, Atlantic Park R.M. & Juanita E. Coffey $ 36.67
Gardens, PB 14, P 56, Public 1502 N.W. 85th St. 11.67 (Adm. Cost)
Records, Palm Beach County, FL Miami, FL 33147 2.30 (Recording)
(S.W. 13th Avenue) $ 50.64
Lot 5, Block 4, Atlantic Park R.M. & Juanita E. Coffey $ 36.66
Gardens, PB 14, P 56, Public 1502 N.W. 85th St. 11.66 (Adm. Cost)
Records, Palm Beach County, FL Miami, FL 33147 2.30 (Recording)
(S.W. 13th Avenue) $ 50.62
E 1/8 of W 1/2 of N 1/2 of Lot Kenneth Austin $ 85.00
~1, Less N 1/2, Sub. of Section 1401 Division Ave. 35.00 (Adm. Cost)
20-46-43, PB 1, P 4, Public Apt. 108 2.31 (Recording)
Records, Palm Beach County, FL W. Palm Beach, FL 33401 $122.31
(S.W. 6th Avenue)
Lot 1, Block 23, Town of James Patman & $ 10.00
Delray, PB 10, P 69, Public John Patman 35.00 (Adm. Cost)
Records, Palm Beach County, FL 82 N.W. 5th Avenue 2.30 (Recording)
(S.W. 5th Avenue) Delray Beach, FL 33444 $ 47.30
Model Land Co's Sub., W 1/2 Ely Edward J. McCormick $ 50.00
150.95' of Lot 10, S of S.E. 111 SW 3rd St Penthouse 35.00 (Adm. Cost)
10th St lyg W of US Hwy 1, S & Miami, FL 33130 2.31 (Recording)
N of Wly Ext. of S line of Lot $ 87.31
25, Block 2, less N 175' of Ely
135' Blk 1, Sec. 21-46-43,
Public Records, Palm Beach
County, FL (Cor SE 5th Ave. &
SE 10th St.)
- 4 - Res. No. 57-86
Sl/2 of Sl/2 of Blk 127, Town Jenkins Development Corp. $ 85.00
of Delray, PB 1, P 3, Public 1340 N.W. 3rd Ave. 17.50 (Adm. Cost)
Records, Palm Beach County, FL Delray Beach, FL 33444 2.31 (Recording)
(SE 3rd St. & SE 7th Ave.) $104.81
Lot 20, Block 47, Town of Jenkins Development Corp. $ 28.34
Delray, PB 1 P 3, Public 1340 N.W. 3rd Ave. 5.84 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.30 (Recording)
FL (SW 3rd Ave.) $ 36.48
Lot 21, Block 47, Town of Jenkins Development Corp. $ 28.33
Delray, PB 1 P 3, Public 1340 N.W. 3rd Ave. 5.83 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.30 (Recording)
FL (SW 3rd Ave.) $ 36.46
Lot 22, Block 47, Town of Jenkins Development Corp. $ 28.33
Delray, PB 1 P 3, Public 1340 N.W. 3rd Ave. 5.83 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.30 (Recording)
FL (SW 3rd Ave.) $ 36.46
W200' of E238.54' of N1/2 of Charles Lallouz & $ 90.00
Lot 28 Less NE 8th St. R/W, Cyril Shack 35.00 (Adm. Cost)
Sec. 9-46-43, Public Records, 4218 N.E. 2nd Avenue 2.31 (Recording)
Palm Beach County, FL Miami, FL 33137 $127.31
(Cor. NE 8th St. & A1A)
Lot 3, Block 8, Rio Del Rey, Luton Lewis, Manelia $ 40.00
PB 12, P 84, Public Records, Lewis & P. Delhomme 35.00 (Adm. Cost)
Palm Beach County, FL 909 S.E. 4th Avenue 2.30 (Recording)
(909 S.E. 4th Ave.) Delray Beach, FL 33444 $ 77.30
Lot 11, Carver Square, PB 24, Emilio & P.R. Garcia $ 68.75
P 11, Public Records, Palm 4458 White Feather Tr. 8.75 (Adm. Cost)
Beach County, FL Boynton Beach, FL 33436 2..31 (Recording)
(SW 2nd Court) $ 79.81
Lot 12, Carver Square, PB 24, Emilio & P.R. Garcia $ 68.75
P 11, Public Records, Palm 4458 White Feather Tr. 8.75 (Adm. Cost)
Beach County, FL Boynton Beach, FL 33436 2.31 (Recording)
(SW 2nd Court) $ 79.81
Lot 13, Carver Square, PB 24, Emilio & P.R. Garcia $ 68.75
P 11, Public Records, Palm 4458 White Feather Tr. 8.75 {Adm. Cost)
Beach County, FL Boynton Beach, FL 33436 2.31 (Recording)
(SW 2nd Court) $ 79.81
Lot 14, Carver Square, PB 24, Emilio & P.R. Garcia $ 68.75
P 11, Public Records, Palm 4458 White Feather Tr. 8.75 (Adm. Cost)
Beach County, FL Boynton Beach, FL 33436 2.31 (Recording)
(SW 2nd Court) $ 79.81
S50' of N150' of W120' of Blk M.L. & Equilla Jenkins $ 10.00
25, Town of Delray, PB 5, P 2, 4656 South 17th Way 35.00 (Adm. Cost)
Public Records, Palm Beach Phoenix, AZ 85040 2.30 (Recording)
County, FL (N.W. 5th Ave.) $ 47.30
- 5 - P~s. No. 57-86
Lot 15, Block 5, Atlantic W. & Dorothy Gerald $ 50.00
Gardens, PB 14, P 63, Public 402 S.W. 9th Street 35.00 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.30 (Recording)
FL (SW 12th Avenue) $ 87.30
Lot 21, Block 4, Southridge Larry G. Prior $ 75.00
Plat #1, PB 13, P 38, Public 151 N.E. 4th Avenue 17.50 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.31 (Recording)
FL (338 Southridge Rd.) $ 94.81
Lot 22, Block 4, Southridge Larry G. Prior $ 75.00
Plat #1, PB 13, P 38, Public 151 N.E. 4th Avenue 17.50 (Adm. Cost)
Records, Palm Beach County, Delray Beach, FL 33444 2.31 (Recording)
FL (338 Southridge Rd.) $ 94.81
Lot 16, Block 35, Town of Grace Barnett $ 20.00
Delray, PB 1, P 3, Public 1401 39th Street 35.00 (Adm. Cost)
Records, Palm Beach County, W. Palm Beach, FL 33407 2.30 (Recording)
FL (N.W. 3rd Avenue) $ 57.30
VIOLATION IS: SECTION 13-13 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
- 6 - Res. No. 57-86