Res 89-85 RESOLUTION NO. 89-85
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, ASSESSING 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 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 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 frcm 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,
Wq{AREAS, 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 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 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
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
lev i ed.
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 12th day of November, 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 12th
day of November , 1985 . ~_~~F~ ~
MA Y~R
ATTEST:
¢
~ City Clerk
-2- Res. No. 89-85
COST OF ABATING NUISANCES UNDER CHAFFER 13
OF THE CODE OF ORDINANCES
PROPER~Y DESCRIP~ ION G~NER ASSESSMENT
* Lot 21, less 1-95 R/W and Lot 22, 5innie L. Cro%~ll $125.00
Block 1, Odm~nn's Sub., PB 4, P % Arsorda Bethel 35.00 (~bn. Cost)
53, Public Bec~rds, Palm Beach 1514 S.W. 3rd Court 2.01 (Recording)
County, Florida. Delray Beach, FL 33444 $162.01
(19-23 N.W. 14th Avenue)
* E50' ~f W500' cf S135' of W~ cf Ruthie [aniels $ 25.00
S~ cf Lot 5, Sub. 8-46-43, PB 1, 132 S.W. 13th Avenue 35.00 (~dm. Cost)
P 3, Public Records, Palm Beach Dalray Beach, FL 33444 1.98 (Recording)
County, Fla. (613 N.W. 4th St.) $ 61.98
* Lot 9, Nichol's 1st ~dn., PB 21, Ronald L. Ap~man $ 25.00
P 69, Public Records, Palm ~ea___ch 124 S.W. 7th Street 35.00 (Palm. Cost)
County, Fla. (124 S.W. 7th St.) Delray Beach, FL 33444 1.98 (Recording)
$ 61.98
* Lots 11 & 12, Block 1, Rosemont Clarence & Ruthie M. Evans $ 50.00
Park, PB 13, P 60, Public Records, 710 Lake Ida Rcad 35.00 (P~lm. Cost)
Palm Beach County, Florida. Delray ?e__~_ch, FL 33444 1.98 (Recording)
(417 S.W. 7th Street) $ 86.98
* Lot 3, Block 2, ~_~%~n Unit A, Roy E. Nickels $ 18.00
PB 28, P 144, Public Records, P.O. Box 1084 35.00 (P~lm. Cost)
Palm Beach County, Florida. Delray Beach, FL 33444 1.98 (Becording)
(340 Davis Road) $ 54.98
* Lot 1, Block 3, 9___~!a__ n Unit A, Michael & Sandra Scanlon $ 43.00
PB 28, P 144, Public Records, P.O. B~x 1084 35.00 (P~lm. Cost)
Palm ?ea__~ch County, Florida. Delray Pe~ch, FL 33444 1.98 (Becording)
(340 Ross Road) $ 79.98
* Lot 375, 3rd Section, Tropic Soukup Design Hcm~s, Inc. $ 75.00
Isle, PB 25, P 36 & 37, Public P.O. Box 31 35.00 (Palm. Cost)
Records, Palm ~ga__ch County, Delray Pea_ch, FL 33444 1.98 (Recording)
Florida. (Iris Drive) $111.98
* Lots 1 to 3, Inc., Block 9, Gordon K. ~iller $135.00
Beplat Delray Beach Beights 1950 Palm City Rc~d 35.00 (k~m. Cost)
Extensicn, Sections A & B, PB Apt. 8207 2.01 (Recording)
28, P 171, Public Records, Palm Stuart, FL 33494 $172.01
Beach County, Fl. (S.W. 12th AVe)
* Lot 60, Tropic Isle, PB 24, P 235, Gino Federico $ 25.00
Public Becords, Palm Beach County, 588 East Street 35.00 (Palm. Cost)
Floriaa. (Tropic Boulevard) ~rentham, 5~% 02093 1.98 (Recording)
$ 61.98
* Lot 150, 2nd Section, Tropic M~ybelle E. Angelino $ 25.00
Isle, PB 24, P 246, Public % Louis Houk~l 35.00 (~lm. Cost)
Becc~ds, Palm Beach County, 7911 Cc~tland Parkay 1.98 (Becc~ding)
Flori~. (961 Alamanda Dr.) Elm~od Park, IL 60635 $ 61.98
* S13' of ~ 56 & L~ts 57, 58, Ir~o~r-Outdoor Dining $ 24.50
91, 92, 93 in DB1066P457, Palm 714 East P~lantic Avenue 35.00 (Adm. Cost)
Square Unrec., PB 20, P 46, Delray Beach, FL 33444 1.98 (B~cording)
Public Records, Palm ~ea_ ch $ 61.48
County, FL (Palm Square)
* Lot 14, Block B, Carver Memorial Rufus Norman Estate $ 25.00
Park, PB 20, P 56, Public Records, % Clarence Norman 35.00 (Palm. Cost)
Palm Beach County, Florida. 1091 N.W. 90th Street 1.98 (Recording)
(249 N.W. 15th Avenue) Miami, FL 33150 $ 61.98
* S50' cf N208' cf E208' cf ~ cf Hazel Senders $175.00
E~ cf N~ cf Lot 1, less E25' rd. P.O. Bc~ 1162 35.00 (Palm. Cost)
R/W in Sec. 20-46-43, Palm Beach Crystal River, FL 32629 2.01 (Recording)
County, FL. (418 S.W. 5th Avenue) $212.01
- 3 - Bes. No. 89-85
* Lot 488, Trcpic Isle Section 4, William Tonno Const.,Ltd. $ 18.00
PB 25, P 69 & 70, Public Records, 650 Kings Street East 35.00 (~dm. Cost)
Palm Beach County, FL (Ave. L) Osha~m, Ontario 1.98 (Recording)
C~da L1J 5~2 $ 54.98
* Lots 42 & 43 in ~495P387, Palm Indoor-Outdoor Dining, Inc. $ 10.00
Square Unrec., Public Rmcords, 714 East Atlantic Avenue 35.00 (~tm. Cost)
Palm Beach County, Florida. Delray Beach, FL 33444 1.98 (Recording)
(32 Palm Square) $ 46.98
* Lo~ 29, Block B, Tourist Nook, Delverna C. Riley $ 18.00
PB 11, P 47, Public R~cords, Palm 231 N.W. 8th Avenue 35.00 (~lm. Cost)
Beach County, Florida Delray Beach, FL 33444 1.98 (Recording)
(248 N.W. 8th Avenue) $ 54.98
* Lot 12, Surety & Tenbrock ~dn., Dcmenic 5~rabile Trust $ 18.00
PB 12, P 32, Public Bmcords, Palm P.O. Box 50001 35.00 (~lm. Cost)
Beach County, Florida. Lighthouse Pcint, FL 33064 1.98 (Recording)
(Alley behind S.W. 5th Avenue) $ 54.98
* Lot 12, less SR 806 R/W, Block Iredene B. lewis $ 18.00
2, J.G. Fenno's Sub., PB 2, P 89, P.O. Box 2212 35.00 (k~m. Cost)
Public Becords, Palm Beach County, Prairie View, TX 77445 1.98 (Becording)
Florida. (845 W. Atlantic Ave.) $ 54.98
* Lot 2, Block 2, J.G. Fenno's Sub., Bernice R. Robison $ 18.00
PB 2, P 89, Public Records, Palm 101 W. Sess~ns Avenue 35.00 (~dm. Cost)
Beach County, Florida. Iak~ W~les, FL 33853 1.98 (Recording)
(25 N.W. 9th ~;enue) $ 54.98'
* Lot 10, Block 25, Town of Delray, ~mvid Hargroze $125.00
PB 5, P 2, Public Records, Palm 220 N.W. 4th Avenue 35.00 (D~lm. Cost)
Beach County, Florida. Deerfield Beach, FL 33441 2.01 (Recording)
(415 N.W. 3rd Street) $162.01
* Lot 3, Block 25, Town of Delray, Lucille H. King $ 25.00
PB 5, P 2, Public Records, Palm 10305 Miles Avenue 35.00 (klm. Cost)
Beach County, Florida. Apt. 422 1.98 (Recording)
(329 N.W. 5th Avenue) Cleveland, OH 44105 $ 61.98
* El00' of N50' of Block 18, To%n Julie Scadlock $ 18.00
cf Delray, PB 1, P 3, Public % Lawrence Scadlock 35.00 (~tm. Cost)
Records, Palm Beach County, 2621 Bo%~n Nd., Apt. 104 1.98 (Recording)
Florida. (298 N.W. 5th Avenue) ~shington, DC 20020 $ 54.98
* El00' cf W200' of N50' of Block L. & Vasseina Williams $ 18.00
18, Town of Delray, PB 1, P 3, Estate 35.00 (klm. Cost)
Public Records, Palm Beach County, 227 N.W. 5th Avenue 1.98 (Bmcording)
Florida. (510 N.W. 3rd Street) Delray Beach, FL 33444 $ 54.98
* Lot 15, Block 35, Town Of Delray, Richard L. Greenwich $ 25.00
PB 1, P 3, Public Records, Palm 409 S.W. Avenue C Place 35.00 (~lm. Cost)
Beach County, Florida. Belle Glade, FL 33430 1.98 (Recording)
(108 N.W. 3rd Avenue) $ 61.98
* Lo~ 20, Block 12, ~k~nrce Sub., Bobby A. ~ith $ 50.00
PB 14, P 67, Public B~cords, 3877 Dorson W~y 35.00 (k~m. Cost)
Palm Beach County, Florida. Delray Beach, FL 33445 1.98 (~3cording)
(606 N.W. 1st Street) $ 86.98
* W50' ~f S157' cf S% of Block 1, Mildred V. Townsend $ 50.00
To~n of Delray, PB 1, P 3, 808 N.E. 2nd Court 35.00 (k~m. Cost)
Public Bmcords, Palm Beach Boynton Beach, FL 33435 1.98 (Becording)
County, Florida. $ 86.98
(311 N .W. 8th Avenue )
* Lot 8, Block A, West Side Mights, Eliza ~=ynolds $ 24.50
PB 13, P 61, Public Becords, Palm P.O. Bc~ 1314 35.00 (~dm. Cost)
Beach County, Florida. Delray Beach, FL 33444 1.98 (Recording)
(N.W. 10th Avenue) $ 61.48
- 4- Bes. No. 89-85
**N50' of E135' of Block 25, Town Ruby Macon $247.20
of Delray, PB 5, P 2, Public 354 N.W. 4th Avenue 35.00 (~dm. Cost)
Becords, Palm Beach County, Delray Beach, FL 33444 2.01 (Recording)
Fla. (345% N.W. 4th Avenue) $284.21
**Lot 4, Block 64, Town of Delray, L. Jr., & Devonne Herrinc3ton $244.80
PB 20, P 39, Public Records, 316 S. Swinton Avenue 35.00 (~dm. Cost)
Palm Beach County, Florida. Delray Beach, FL 33444 2.01 (Recording)
(316 South Swinton ~enue) $281.81
* VIOLATION IS: Sec. 13-13. Lands to be k~t free of d~hris, vegetation, matter
constitutir~ hazards; declared nuisance.
**VIOLATION IS: Sec. 14-2. Abandoned, wrecked, junked vehicles on private or
public prq~y.
- 5 - Bes. No. 89-85