Res 87-85 RESOLUTION NO. 87-85
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, ASSESSIN~ COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN-
CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO-
VIDING 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; PRO-
VIDING FOR TH5 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 pro-
visions 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 representa-
tive 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 fro~ the date of said notice forty-two (42) days in the case
of violatlon 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 nuis-
ance(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 Administra-
tion or such agents or contractors hired by the City Administration w~s
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 ~nager 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 .~E 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 par-
cels 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 ~ 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
san~ 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 22nd day of October, 1985~
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 pay-
able 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 neces-
sary, the costs of such proceedings including a reasonable attorney's
fee.
Section 5. That in the event that payment has not been re-
ceived 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 certi-
fied copy of this resolution a lien shall become effective on the sub-
ject 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 22nd
day of October 19 85 ·
ATTEST:
_ City
-2- Res. No. 87-85
COST OF ABATING NUISANCES UNDER CHAFFER 13
OF THE CODE OF ORDINANCES
PROPER~Y DESCRIPTION ~WNER ASS~
* Lot 2, Block 5, Southridge, Robert & Eileen McTeague $125.00
PB 13, P 39, Public B~c~rds, Palm 976 Banyan ~rive 35.00 (~lm. Cost)
Beach County, Flc~ida. Delray Beach, FL 33444 2.64 (Bec~rding)
(1124 S.W. 4th ~enue) $162.64
* W59.9' cf W151.5' cf S100' cf Block Juanita & E. Bethel $150.00
6, Town of Delray, PB 1, P 3, 705 S.W. 2nd Street 35.00 (~:. Cost)
Public Nec~rds, Palm Beach Delray Beach, FL 33444 2.64 (Recording)
County, FL. (705 S.W. 2nd St.) $187.64
* Lot 11, Block 67, Town cf Delray, J. R~eve & Anna S. Bright $ 20.00
PB 1, P 3, Public Records, Palm 700 Seasage ~rive 35.00 (k~m. Cost)
Beach County, Florida. Delray Beach, FL 33444 2.64 (Recording)
(136 N.E. 1st ~enue) $ 57.64
* E51' of W76' of N120' cf S140' of S. Fashaw & Sem~.~e Taylor $ 75.00
S~ cf Block 12, Town cf Delray, % S. Fashaw 35.00 (~dm. Cost)
PB 14, P 67, Public Becords, Palm 221 Country Club Drive 2.64 (Recording)
Beach County, Florida Boca Raton, FL 33432 $112.64
(641 W. Atlantic ~enue)
* Lot 4, Block 32, Town Of Delray, Sarah Bethel $ 9.00
PB 6, P 97, Public Records, Palm % Felix Bethel 35.00 (~m. Cost)
Beach County, Florida. H 15 Roosevelt Village 2.64 (Recording)
(316 S.W. 4th Avenue) C~rteret, NJ 07008 $ 46.64
* Lot 24, Block 32, Town cf Delray, Sarah Bethel $ 9.00
PB 6, P 97, Public R~cords, Palm % Felix Bethel 35.00 (~dm. Cost)
Beach County, Florida. H 15 Roosevelt Village 2.64 (Recording)
(316 S.W. 4th Avenue) Carteret, NJ 07008 $ 46.64
* Lot 4, 5lock 3, Rosemont Park, J.W. & Gladys Glc~er $ 13.34
PB 13, P 60, Public Records, P.O. B~x 1733 35.00 (~lm. Cost)
Palm Beach County, Florida. Delray Beach, FL 33444 2.64 (Recording)
(S.W. 6th Avenue) $ 50.98
* Lot 5, Block 3, Rosemor~ Park, J.W. & Gladys Glo~er $ 13.33
PB 13, P 60, Public Records, P.O. Bc~ 1733 35.00 (~m. Cost)
Palm Beach County, Florida. Delray Beach, FL 33444 2.64 (Recording)
(S.W. 6th Avenue) $ 50.97
* Lot 6, Block 3, Rosemont Park, J.W. & Gladys Glc~er $ 13.33
PB 13, P 60, Public Records, P.O. B~x 1733 35.00 (Adm. Cost)
Palm Beach County, Florida. Delray Beach, FL 33444 2.64 (Recording)
(S.W. 6th Avenue) $ 50.97
* Lot 1, less Sl.5', Block 59, T~n Thomas J. Woolley $ 18.00
of D~lray, PB 1, P 5, Public P.O. Dra~r jJ 35.00 (~dm. Cost)
Records, Palm Beach County, FL. Bcynton Beach, FL 33435 2.64 (Recording)
(139 N.W. 2nd Street) $ 55.64
* Lot 9, less Sl.5', Block 59, Town Thomas J. Woolley $ 18.00
cf Delray, PB 1, P 3, Public P.O. Dra~r JJ 35.00 (~dm. Cost)
Records, Palm Beach County, FL. Bcynton Beach, FL 33435 2.64 (Recording)
(138 N. Swinton Avenue) $ 55.64
* Lot 4, Block 23, Town cf Delray, Eleanore S. ~ilson $ 25.00
PB 10, P 69, Public Records, Palm P.O. Bc~ 1314 35.00 (~dm. Cost)
Beach County, Florida. Delray Beach, FL 33444 2.64 (Recording)
$ 62.64
-3- Res. No. 87-85
* Lot 253, Tropic Isle 3rd Section, Bettye Plunm~r $ 28.00
I~ss the Pt. in OR211P326, PB 25, P.O. Box 1316 35.00 (k~m. Cost)
P 36 & 37, Public Records, Palm Laguna ?e~ch, CA 92651 2.64 (Recording)
Bead~ County, Florida. $ 65.64
(938 Dog,bcd Erive)
* Lot 11, Carver Square, PB 24, ~ilio M. & Patricia Garcia $ 35.71
P 11, Public Records, Palm Be~ _ch 4458 ~hite Feather Trail 35.00 (~m. Cost)
County, Florida. Boynton Beach, FL 33436 2.64 (Recording)
(700 S.W. 2nd Terrace) $ 73.35
* Lot 12, Carver Square, PB 24, B~ilio & Patricia Garcia $ 35.71
P 11, Public Records, Palm Beach 4458 ~hite Feather Trail 35.00 (~dm. Cost)
County, Florida. Boynton Beach, FL 33436 2.64 (Recording)
(704 S.W. 2nd Terrace) $ 73.35
* Lot 13, Carver Square, PB 24, Emilio & Patricia Garcia $ 35.71
P 11, Public Records, Palm Beach 4458 ~hite Feather Trail 35.00 (AQm. Cost)
County, Florida. Boynton Beach, FL 33436 2.64 (Recording)
(708 S .W. 2nd Terrace) $ 73.35
* Lot 14, Carver Square, PB 24, Rnilio & Patricia Garcia $ 35.71
P 11, Public Records, Palm Beach 4458 ~hite Feather Trail 35.00 (~dm. Cost)
County, Florida. Boynton Beach, FL 33436 2.64 (Recording)
(712 S.W. 2nd Terrace) $ 73.35
* Lot 15, Carver Square, PB 24, Rnilio & Patricia Garcia $ 35.71
P 11, Public Records, Palm Beach 4458 ~hite Feather Trail 35.00 (k~m. Cost)
County, Florida. Boynton Beach, FL 33436 2.64 (Recording)
(716 S.W. 2nd Terrace) $ 73.35
* Lot 16, Carver Square, PB 24, Rnilio & Patricia Garcia $ 35.71
P 11, Public Records, Palm Beach 4458 ~hite Feather Trail 35.00 (~Qm. Cost)
County, Florida. Boynton Beach, FL 33436 2.64 (Recording)
(717 S.W. 2nd Terrace) $ 73.35
* Lot 17, Carver Square, PB 24, ~nilio & Patricia Garcia $ 35.74
P 11, Public Records, Palm Beach 4458 White Feather Trail 35.00 (~m. Cost)
County, Florida. Boynton Beach, FL 33436 2.64 (Recording)
( 713 S .W. 2nd Terrace) $ 73.38
* VIOLATION IS: Sec. 13-13. Lar~s to be kept free of debris, vegataticn, matter
constituting hazards; declared nuisance.
- 4- Res. No. 87-85