Res 18-04RESOLUTION NO. 18-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLOR1DA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WlTH1N THE
CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; 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.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 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 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 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 100 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 100.20, 100.21 and 100.22 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 100.04 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 ten
(10) days from the date of said notice, failing 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 100.21 end 100.22
within the time llmits prescribed in said notice and Chapter 100 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 the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s}; 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; end,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Conunission 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 Commission of the City of Delray Beach, pursuant to
Chapter 100 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 COMMISSION OF THE CITY OF DELEAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City ~anager 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 as
mortgages and foreclosures are under state law.
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 C~mmission of the City of Delray Beach on the llth day of March, 2004 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. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
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
2
Res. No. 18-04
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.
PASSED AND ADOPTED in regular session on this the llth .day of
March , 2004.
ATTEST .' ~
City Clerk
3
Res. No. 18-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER I ASSESSMENT
FAIRCREST HEIGHTS AMND PLAT, LOT 53,
B 39, P 155, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
2147 SW 36TH TERRACE) YOLLY P. VERZOSA
12 42 46 25 09 000 0530 1090 AMSTERDAM AVE. #7 K
CUST ID # 525/590 NEW YORK, NY 10025-1737 $ 55.25
$ 55.00 ADMFEE
DELRAY SHORES 1ST ADDITION, LOT 18,
BLOCK 15, PB 28, P 2, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING &
(2655 DORSON WAY) URBAN DEVELOEPMENT
12 43 46 07 02 015 0180 909 SE 1ST AVENUE # 500
CUST ID # 8389/8638 MIAMI, FL 333131 $ 68.50
$ 55.00 ADM FEE
OSCEOLA PARK, LOTS 5 & 6 (LESS S 64.77 FT)
BLOCK 4, PB 66, P 71, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL ERICA S. COLOE
402 SE 4TH AVENUE) 402 SE 4TH AVENUE
CUST ID # 10341/32544 DELRAY BEACH, FL 33483 $ 53.00
$ 55.00 ADM FEE
I'OWN OF DELRAY, N 1/2 OF E 1/2 OF LOT 16,
BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(146 SW 4TH AVENUE)
12 43 46 16 01 030 0162 J. FELIX DELANCY
CUST ID # 8293/21918 470 DEKALE AVENUE
BROOKLYN, NY 11205-4448 $ 44.25
$ 55.00 ADM FEE
TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF
E 135 FT OF BLOCK 24, PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL
322 SW 5TH AVENUE) ADELENE JENKINS
12 43 46 16 01 024 0040 PO BOX 1993
CUST ID # 187 DELRAY BEACH, FL 33447 $ 44.25
$ 55.00 ADM FEE
Res. No. 18-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
17-46-43, E 43.74 FT OF S 140 FT OF N 165 FT OF
N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SIDNEY WASHINGTON ~
(1402 NW 2ND STREET) C/O DENISE WASHINGTON
12 43 46 17 00 000 3100 2401 NW 23RD LANE # 1
CUST ID # 5659/5716 FT. LAUDERDALE, FL 33311 $ 55.25
$ 55.00 ADM FEE
OSCEOLA PARK, N 10 FT OF LOT 13 & LOT 14,
BLOCK 9, PB 3, P 2, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
819 SE 3RD AVENUE) VANESSA N. INGRAHAM
12 43 46 21 01 009 0131 1023 MIAMI BOULEVARD
CUST ID # 8802 DELRAY BEACH, FL 33483 $ 44.25
$ 55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE,
Res. No. 18-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ lO~ - REGULAR MEETING OF MARCH 11, 2004
RESOLUTION NO. 18-04
MARCH 5, 2004
This is a resolution assessing costs for abatement action required to remove nuisances on six (6)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain tmpaid.
Recommend approval of Resolution No. 18-04.
AgmemoCE.Res No 18-04
RESOLUTION NO. 18-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 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 AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; 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.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 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 100 of the Code of Ordinances~ and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 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 100 of the Code of Ordinances, and
did furnish the respective o~ner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 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 100.04 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 ten
(10) days from the date of said notice, failing 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 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 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 the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s)~ and,
WHEREAS, the City of Delray Beach, through the City A~ministration or such
agents or contractors hired by the City Administration was therefore required to end
did enter upon the land(s) described in the llst 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 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Con~nission 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 Con~ission of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance{s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLI~ED BY THE CITY COMMISSION OF THE CITY OF DELEAY
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 as
mortgages and foreclosures are under state law.
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 in~ediately mall 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 Commission of the City of Delray Beach on the 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. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of ad~ption 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 attorneyfs 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
2
Res. No. 18-04
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.
PASSED AND ADOPTED in regular session on this the day of
· 2004.
MAYOR
ATTEST:
City Clerk
3
Res. No. 18-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
FAIRCREST HEIGHTS AMND PLAT, LOT 53,
B 39, P 155, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
2147 SW 36TH TERRACE) YOLLY P. VERZOSA
12 42 46 25 09 000 0530 1090 AMSTERDAM AVE. #7 K
CUST ID # 525/590 NEW YORK, NY 10025-1737 $ 55.25
$ 55.00 ADMFEE
DELRAY SHORES 1ST ADDITION, LOT 18,
BLOCK 15, PB 28, P 2, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING &
2655 DORSON WAY) URBAN DEVELOEPMENT
12 43 46 07 02 015 0180 909 SE 1ST AVENUE # 500
CUST ID # 8389/8638 MIAMI, FL 333131 $ 68.50
$ 55.00 ~,DM FEE
OSCEOLA PARK, LOTS 5 & 6 (LESS S 64.77 FT)
BLOCK 4, PB 66, P 71, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL ERICA S. COLOE
402 SE 4TH AVENUE) 402 SE 4TH AVENUE
CUST ID # 10341/32544 DELRAY BEACH, FL 33483 $ 53.00
$ 55.00 ADM FEE
TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF
E 135 FT OF BLOCK 24, PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL
I322 SW 5TH AVENUE) ADELENE JENKINS
12 43 46 16 01 024 0040 PO BOX 1993
CUST ID # 187 DELRAY BEACH, FL 33447 $ 44.25
$ 55.00 ADM FEE
Res. No. 18-04
COST OF ABATING NUISANCES UNDER CHAPTER '100 UNDER
THE CODE OF ORDINANCE
17-46-43, E 43.74 FT OF S 140 FT OF N 165 FT OF
N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, PB 1, P3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SIDNEY WASHINGTON
(1402 NW 2ND STREET) C/O DENISE WASHINGTON
12 43 46 17 00 000 3100 ,2401 NW 23RD LANE # 1
CUST ID # 5659/5718 FT. LAUDERDALE, FL 33311 55.25
55.00 ADM FEE
OSCEOLA PARK, N 10 FT OF LOT 13 & LOT 14,
BLOCK 9, PB 3, P 2, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
819 SE 3RD AVENUE) VANESSA N. INGRAHAM
12 43 46 21 01 009 0131 1023 MIAMI BOULEVARD
CUST ID # 8802 DELRAY BEACH, FL 33483 44.25
55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
__ DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
5
Res. No. 18-04