Res 17-84 RESOLUTION NO. 17-84
A R~SOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER i3 OF '£HE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COST~%
FOR ABATING NUISANCES UPON CERTAIN LA,ND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL CO&TS IN-
CURRED BY THE CITY TO ACCOMPLI~ SUCH ABATEmeNT AND
LEVYING THE COST OF SUCH ABATE[,,~.NT OF NUISanCES; PRO-
VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSES$~iENTS; PROVIDING FOR THE RECORDING UF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSM~.'NTS; Pi{O-
VIDING FOR THE ~,~ILING OF NOTICE OF LIEN.
~EREAS, the City 5~nager 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 lan~, 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; an~,
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 Coae of Ordinances
describin~ the nature of the nuisance(s) and sent no~ice that w~thin
fifteen (15) days from the date of said notice (forty-five (~5) 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
~he decision that a nuisance existed within ten (10) days from the da~e
of said notice, failing in which the City of Delray Beach would procee~
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 ~he 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 pro~er~y request a
hearing pursuant to Section 13-16 within the time limits prescribed ~n
said notice and Chapter 13 of the Code of Ordinances, or ~f ~he propertk
owner(s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance(s) w~thin fl~e (5) days
subsequent to the rendering of a decision adverse to the property
owner, s) (thirty-five (35) days for violation o~ 13-14); and,
~EREAS, the City of Delray Beach, tnrougn 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 aDa~ln9 the
subject nuisance(s) existing thereon as descrlbed in the no~ce; and,
WHEREAS, the City hanager of the City or De lray'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 indicatin9 the costs
per parcel of land involved; and,
~EP~AS, the City Council of the City or De lray Beach, ~ursuant
to Chapter 13 of'the Code of Ordinances desires to assess the cost of
said nuisance(s) against sai~ property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T~h uITY
OF DELRAY BEACh, FLORIDA, AS'FOLLOWS:
Section 1. That assessments in the individual amounts as snow~
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 attachea
hereto and made a part hereof, are hereby levied against the parcel(s;
of land described in said report and in the an~unt(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (3U) Gays
after mailing of the notice described in ~ 3, become a lien upon the
respective lots and parcel(s) of land descriDe~ 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 Clty 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 Lelray ~each is
hereby directed to immediately mail by first class mail to the owner(s)
of the proper~y, as such ownership appears upon the records of the
County Tax Assessor, hotice(s) that the City Council of the Csty of
Delray Beach on the -28th'day of February, 1984,
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 sai~ notice oi
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.
~ection' 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 mailin~ ~ate
of the notice of assessment, the City Cler~ is hereb~ directed to recora
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 o~ lien, in the form
prescribed in Section 13-20 of the Code of Ordinances, shall Se mailea
to the property owner.
PASSED ANL ADOPTED in rep'ular session on this the 28th
day of February , 19.8.4...~-~ _~
ATT E ST:
City Cler~
-2- Res. No. i7-84
COS~ OF ABATING NUI~I~S ~NDER CHAPTER 13
~ ' ....... OF-T~E- CODE' OF
PROPE~' EESCRIFTIGN C~-NER
* Lot 150, Tropic Isle 2nd Sec., [.~ybelle .E. Angelino $ 40.00
PB 24, P 246, Public Records, % Louis Houkal 35.00 (Adm. Cost)
Palm Beach County, FL 7911 Cortland Parkway .... 2:08 (F~cording)
(961 Allamanda Drive) Elm~ Park, IL 60635 $ 77.u8
* ~5' of Lot 8 & E75' of Lot 9, Arthur & Linda M. Liebesfeld $100.00
Blk 3, ~her~ Park, PB 26, 10400 N.W. 20th Street 35.00 (Adm. Cost)
P 187, Public Records, Palm Pembroke Pines, FL 33026 .... 2208 (~cording)
Beach County, FL. $137.08
(3029 ~her~ Bl~d. )
* Lot 469, Tropic Isle 4t~1 Sec., b~cin Jorg~nsen $ 37.72
PB 25, P 69 & 70, Public Becords, 405 N. Ocean ~riw 35.00 (~. Cost;
Palm Beach County, FL. Apt. 1725 .... 2%08 (Recording)
(3020 Eherw~od Bl~d.) Pcmpano Beach, FL 33062 $ 74.80
* Lot 1, Blk 3, Sudan Unit A, b~Lchael & Sandra Scanlon $ 40.00
PB 28, P 144, Public R~cords, P.O. Box 1084 35.00 (~dm. Cost)
Palm Beach County, FL. Delray Beach, FL 33444 .... 2%08 (Recording)
(340 Boss ~riv~) ~ 77.08
* Lot 1, Blk 1, Sudan Unit A, Roy E. Nickels $ 40.00
PB 28, P 144, Public Records, P.O. Box 1084 35.00 (El. Cost)
Palm Beach County, FL. Delray Beach, FL 33444 "-2209 (Recording)
(200 Davis Road) ~ 77.09
* Lot 7, Blk 1, Sudan Unit A, Roy E. Nickels $ 40.00
PB 28, P 144, Public Records, P.O. BOx 1084 35.00 (~lm. Cost)
Palm Beach County, FL. ~elray Beach, FL 33444 ''-2%08 (Recording)
(260 Davis Road) $ 77.08
* Lot 3, Blk 2, Sudan Unit A, P~y E. Nickels $ 40.00
PB 28, P 144, Public Records, P.O. BOx 1084 35.00 (~m. Cost)
Palm Beach County, FL. Dalray Beach, FL 33444 .... 2:08 (Recording)
(340 Davis Road) ~ 77.08
* Lot 9, Blk 10, Atlantic A.L. & Annie bl. Holliday $-40.00
Gardens, PB 14, P 63, Public 426 S.W. 15th Terrace' 35.00 (~dm. ~ost)
Records, Palm Beach, County, Delray Beach, FL 33444 ..... 2208 (Recording)
FL. (233 S.W. llth A~_nue) $ 77.08
* Lot 21 Less 1-95 R/W & Lot 22, b'~a~nie L. Crowall $ 40.00
Blk 1, Odmann's Sub., PB 4, P 53, % Arsorda Bethel 35.00 (~dm. Cost)
Public Records, Palm Beach County, 1514 S.~]. 3rd Court .... 2%08 (Recording)
FL. (23 N.W. 14th Avenue) Delray Beach, FL 33444 $ 77.08
* Lot 10, ~=plat of Part of Lots 2 A.P.W. Development Corp. $ 40.00
& 3, Blk 1, ~bdel Land Co. Sub., 235 Lake Eden ~riw 35.00 (Adm. Cost)
PB 26, P 113, Public Records, Palm Delray Beach, 5~ 33444 ~2208 (Recording)
Beach County, FL. (SE Swinton Aw.) $ 77.08
* Lot 11, Replat of Part of Lots 2 A.P.~4. Devel~ment Corp. $ 40.00
& 3, Blk 1, bDdel Land Co. b~b., 235 Lake Eden ~riw 35.00 (h~u. Cost;
PB 26, P 113, Public Records, Palm Dalray Beach, FL 33444 '--2:08 (Recording)
Beach County, FL (~ Swinton Aw.). $ 77.08
* Lot 12, Replat of Part of Lots 2 A.P.W. Develoi~uent Corp. $ 55.00
& 3, Blk 1, bbdel Land CO. Sub., 235 Lake Eden ~riw 35.00 (~flm. Cos~)
PB 26, P LI3, Public P~cords,- Palm Eelray Beach, FL 33444 "-22~8 (Recording)
Beach County, FL (SE Swinton Aw.). $ 92.0~
* U100' of 7.150' of Lot 6, Blk 2, ~;illie J. & Queen E. Johnson $ 70.00
Sa~ Park, PB 26, P 187, Pub- 3909 Cortez Lane 35.00 (~m. Cost)
lic Records, Palm Beach, County, D~lray Beach, FL 33444 '" 2:08 (Recording)
FL (3201 Lowson Bl~d.). $107.0~
* Tract O, 'Tropic Palms Pi:. #1, PB John ~1. Venters $130.00
25, P 99-102, Public Records, Pab.~ 700 E. Atlantic Bi~., ~102 35.00 (~lm. Cost)
Beach County, FL (Lindell BI~.). Pompano Beach, FL 33060 2:,08 (Recording)
$167.0~
- 3 - ~s. No. 17-84
* Lot 10, Sundy & Tenbrook Addn to Dominic .~rabile, Trust $ 40.00
Delray, PB 12, P 32, Public Rec- P.O. Box 50001 35.00 (k~n. Cost)
ords, Palm Beach County, FL Lighthouse Pt., FL 33064 ...... 2~08 (Recording)
(Taft Street). ~ 77.08
* Lot 75, Blk 1, Lake Forest South, Peninsular Properties $ 40.00
PB 43, P 152 & 153, Public Rec- of Delray %Stephen J. ~.acari 35.00 (~dm. Cost)
ords, Palm Beach County, FL ~hispering Pines Properties ---2~09 (Recordin9)
(910 N.W. 39th Avenue) 1240 S. Federal Highway ~ 77.09
Boynton Beach, FL 33435
* Lot 76, Blk 1, Lake Forest SoUth, Peninsular Properties $ 40.00
PB 43, P 152 & 153, Public Rec- of Delray %Steph~n J. F~cari 35.00 (~dL% Cost)
ords, Palm Beach County, FL %~%spering Pines Properties ' "2;09 (F~cording;
(930 N.W. 3gth Avenue) 1240 S. Federal Highway $ 77.09
Boynton Beach, FL 33435
* Lot 77, Blk 1, Lake Forest South, Peninsular Properties $ 40.00
PB 43, P 152 & 153, Public Bec- of Delray %Stephen J. 5~cari 35.00 (~dm. Cost)
ords, Palm Beach County, FL %~pering Pines Properties ..... 2;09 (Recordin9)
(3865 N.W. 9th Street) 1240 S. Federal Highway $ 79.09
Boynton Beach, FL 33435
* Lot 78, Blk 1, Lake Forest South, Peninsular Properties $ 40.00
PB 43, P 152 & 153, Public Rec- of Delray %Stephen J. ~,~cari 35.00 (~/m. Cost)
ords, Palm Beach County, FL ~&~ispering Pines Properties .... 21'08 (Recording)
(3845 N.W. 9th Street) 1240 S. Federal Highway $ 77.06
Boynton Beach, FL 33435
* Lot 83, Blk 1, Lake Forest South, Peninsular Properties $ 40.00
PB 43, P 152 & 153, Public Rec- of Delray %Stephen J. 5~cari 35.00 (Adm. Cost)
ords, Palm Beach County, FL ~spering Pines Properties '-' 21'08 (5~cording)
(900 Sunflo~r Avenue). 1240 S. Federal Highway $ 77.08
Bo}~ton Beach, FL 33435
* Lot 11, Block 67, PB 1, P 3, J. Ree~ & Anna S. Bright $275.00
**Public Records, Palm Beach 700 Se~sag~ Drive 35.00 (Adm. Cost)
County, FL (N.E. 1st A%~.) De]ray Beach, FL 33444 ..... 2;08 (Recordin9)
$312.08
* Lot '2, Blk 7, Seacr~=st Park, Richard E. & T.M. George $ 30.00
**PB 24, P 33, Public Records, Palm 2209 E. Pinerid~e Court 35.00 (Adm. Cost)
Beach County, FL (N.E. 3rd A~.) De]ray ~ch, FL 33444 --' 2~08 (Recording;
$ 67.08
* Lots 28 & 29, Blk 2, Southridg.=, Ste~_n ~.s/ma $355.00
**PB 13, P 38, Public Records,. Palm 237 S.W. 4th Avenue 35.00 (Aclm. Cost)
Beach County, FL (Southridge Bd.) De]ray Beach, FL 33444 -" 2'.08 (Recordin9;
~3 92.08
* Lot 48, Block 15, PB 1, P 3, Pub- R.J. & ~rilyn Baron $1~0.00 ~
**lic Records, Palm Beach County, 6401 N. Bay Boad 35.00 (A~.~. Cost)
FL (S.W. 2nd Street) Miami Beach, FL 33142 ~' '2~08 (Recording)
$2~7.08
* Lot 27, Blk 1, Atlantic Park Bernie Thzm~s $850.00
**Gardens, PB 14, P 56, Public Rec- 1720 First St. N.E. 35.00 (Ad/.]. Cost)
ords, Palm Beach County, FL ~inter Ha~_n, FL 33880 2108 (Recording;
(N.W. 12th Avenue). $8~7.08
* Lot 27, Sunset Park, PB 12, P65, Margaret Wise $ 20.00
**Public Records, Palm Beach County, 1013 Sunset Avenue 35.00 (Adr~. Cost)
FL (1009 Sunset A~_nue). De]ray Beach, FL 33444 '' '2'~08 (5~cording)
$ 57.0~ ....
* S~ of Lots 19 & 20, Block 88, Arthur C. & D.A. Hafemann $ 75.00
Linn's Addn to Osceola Park, PB 330 S.E. 3rd Avenue 35.00 (Adm. Cost)
1, P 133, Public ~ecords, Palm Delray Beach, FL 33444 ..... 2;08 (P~cor~lng)
Beach County, FL (SE 3rd Avenue). ~l12.0S
VIOLATICN IS:
**Sec. 13-12. Lands to be k~pt free of debris, vegetation, matter
constituting hazards; declared nuisance.
* Sec. 13-13 %~eds, trash, certain vegetation, etc., declared a
public nuisance.
- 4 - Res. No. 17-84