Res 41-83 RESOLUTION NO. 41-83
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 UPO~ 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.
~;HEREAS, 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,
;~EREAS, 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
fifteen (15) days from the date of said notice (forty-five (45) 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 ten (10) 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,
~EREAS, 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 five (5) 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,
~EREAS, 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,
UHEREAS, 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
Dinding 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 10th day of May, 1983
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 10th
day of May , 19
ATTEST:
City Cl~rk
-2- Res. No. 41-83
COST OF ABATING NUISANCES UNDER CHAPTER 13
OF ~ CODE OF ORDI~tAhl/ES
PROPE Riff DESCRIPTION C~ ~tER ASSESSmeNT
* Lot 17, Block B, Carver Memorial William R. & Ernestine Johnson $ 15.00
Park, Plat Book 20, Page 56 of the 140 S.W. 4th Avenue 35.00 (Adm. Cost)
Public Records of Palm Beach County, Delray Beach, FL 33444 3.18 (Recording)
Florida. (233 N.W. 15th Avenue) $ 53.18
* Lot 18, Block B, Carver Memorial William R. & Ernestine Johnson $ 15.00
Park, Plat Book 20, Page 56 of the 140 S.W. 4th Avenue 35.00 (Adm. Cost)
Public Records of Palm Beach County, Delray Beach, FL 33444 3.19 (Recording)
Florida. (233 N.W. 15th Avenue) $ 53.19
* Lot 15, Block 10, Atlantic Gardens, Henry W. & Bernadine E. Clark $ 30.00
Plat Book 14, Page 63, of the Pub- 1521 N.E. 1st Street 35.00 (Adm. Cost)
lic Records of Palm Beach County, Boynton Beach, ~L 33435 3.18 (Recording)
Florida. ( 210 S .W. 10th Avenue) $ 68.18
* Lot 13, Block 10, Atlantic Gardens, Lonnie & V. Carrington Est. $ 30.00
Plat Bock 14, Page 63 of the Public c/o Lonnie Carrington, Jr. 35.00 (A~. Cost)
Records of Palm Beach County, 713 S.W. 8th Court 3.19 (Recording)
Florida. (202 S.W. 10th Avenue) Delray Beach, FL 33444 $ 68.19
* Lot 8, Block 10, Atlantic Gardens, George Lockhart, Jr. $ 30.00
Plat Book 20, Page 56 of the Pub- 1460 7th Street 35.00 (Adm. Cost)
lic Records of Palm Beach County, %~st Palm Beach, FL 33401 3.18 (Recording)
Florida. ( 229 S.W. llth Avenue) $ 68.18
* Lot 15, Block 2, Priest Addn. to Gladys Kirkland $ 30.00
Atlantic Park Gardens, Plat Book 313 S.U. 15th Terrace 35.00 (A~. Cost)
23, Page 70 of the Public Records Delray Beach, FL 33444 3.18 (Recording)
of Palm Beach County, Florida. $ 68.18
(S.W. 14th Avenue)
* Lot 14, Block 79, ~own of Delray, Clarence G. ~-st $ 30.00
Plat Book 10, Page 1 of the Public & Cannon L. %'~st 35.00 (Adm. Cost)
Records of Palm Beach County, 302 S.W. 1st Avenue 3.18 (Recording)
Florida. (247 S.E. 1st Avenue) Delray Beach, FL 33444 $ 68.18
* Lot 3, Block 3, Replat Delray Charles F. & Jane Walker $ 30.00
Beach Heights Extension Secs. A & 2212 N.E. 16th Street 35.00 (Adm. Cost)
B, Plat Book 28, Page 171 of tJ~e Ft. Lauderdale, FL 33304 3.18 (Recording)
Public Records of Palm Beach County, $ 68.18
Florida. (S.W. 15th Avenue)
* Lot 4, Block 3, Replat Delray Charles F. & Jane %'~lker $ 30.00
Beach Heights Extension Secs. A & 2212 N.E. 16th Street 35.00 (Adm. Cost)
B, Plat Book 28, Page 171 of the Ft. Lauderdale, FL 33304 3.18 (Recording)
Public Records of Palm Beach County, $ 68.18
Florida. (S.W. 15th Avenue)
* Lot 5, Block 3, Replat Delray Charles F. & Jane %~lker $ 30.00
Beach Heights Extension Secs. A & 2212 N.E. 16th Street 35.00 (Adm. Cost)
B, Plat Book 28, Page 171 of the Ft. Lauderdale, FL 33304 3.19 (Recording)
Public Pecords of Palm Beach County, $ 68.19
Florida. (S.W. 15th Avenue)
* Lot 6, Block 3, Replat Delray Charles F. & Jane ~l]~r $ 30.00
Beach Heights Extension Secs. A & 2212 N.E. 16th Street 35.00 (A~. Cost)
B, Plat Book 28, Page 171 of the Ft. Lauderdale, FL 33304 3.19 (Recording)
Public Records of Palm Beach County, $ 68.19
Florida. (S.W. 15th Avenue)
* Tract O, Tropic Pal~ Plat #1, John M. Venters $ 30.00
Plat Book 25, Page 99 of t~he Pub- 700 E. Atlantic Blvd. 9102 35.00 (Adm. Cost)
lic Records of Palm Beach County, Pompano Beach, FL 33060 3.18
Florida. (Albatross) $ 68.18
* VIOLATION: Section 13-13 Weeds, trash, certain v~getation etc.,
declared a public nuisance.
-3- P~s. No. 41-83