Res 42-83 RESOLUTION NO. 42-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 27 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR REMOVAL OF INFECTED TREES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ~ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH REMOVAL AND LEVYING THE COST OF SUCH;
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;
PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the Director of Parks and Recreation and the City Manager or his
designated representative have, pursuant to Chapter 27 of the Code of Ordinances,
declared the existence of a public 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 27, Article II, of the Code of Ordinances regarding Lethal
Yellowing; and,
WHEREAS, pursuant to Section 27-18 of the Code of Ordinances of the City of
Delray Beach, the Director of Parks and Recreation, 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 27 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 27-18 and 27-19 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 they must abate said nuisance by removal of the
infected trees, 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 nuisance(s) existing upon their respec-
tive lands or to request a hearing to contest same; 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; and,
WHEREAS, the Director of Parks and Recreation has certified to the Director
of Finance the expenses incurred by the City in such removal, and the City Manager of
the City of Delray Beach has, pursuant to Chapter 27 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
27 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 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 sixty (60) days after the
certification to the Director of Finance and after mailing of the notice described in
Section 3, below, 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 a special assessment lien
in favor of the City of Delray Beach, except that the City of Delray Beach may file suit
to foreclose such lien at any time after the expiration of sixty (60) days from the date
the assessment was certified to the Director of Finance.
Section 2. That such assessments shall be legal, valid and binding obliga-
tions 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 Mav~ 195~
has levied an assessment against said property for the host of-abatement of said
nuisance by the City, and that said assessment is due and payable within sixty (60)
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 eight percent (8%) per
annum from the date such payment becomes delinquent, plus reasonable attorney's fees
and other costs of collecting said sums.
Section 4. That this resolution shall become effective sixty (60) days from
the date of adoption, and the assessment(s) contained herein shall become due and
payable sixty (60) days after the mailing date of the notice of said a~ssessment(s), after
which a lien shall be placed on said property(s), and interest shall accrue at the rate
of eight percent (8%) per annum from the date such payment becomes delinquent 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 sixty (60) 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-
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 eight percent (8%) per
annum from the date the payment became delinquent, 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 shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the ~ day of
May , 1983.
MA
ATTEST:
2 Res. No. 42-83
COST OF ABATING NUISANCES D~DER CHAPTER 27
OF THE CODE OF ORDI~%~NC?-q
PROPE Rx~f DESCRIPTION C~ER ASSESSMEnt2
* Lot 9, Nichols First Addition, Ronald L. Ap~man $ 40.00
as recorded in Plat Book 21, 124 S .W. 7th St. 35.00 (~lm. Cost)
Page 69 of the Public Records Delray Beach, FL 33444 2.58 (Recording)
of Palm Beach County, Florida. $ 77.58
(124 S.~. 7th St.)
* Lot 23, Block 23, Town of E.L. Coleman $ 40.00
Delray, as recorded in Plat P.O. Box 846 35.00 (Adm. Cost)
Bock 24, Page 10 of the Public U. Palm Beach, FL 33402 2.58 (Recording)
Records of Palm Beach County, $ 77.58
Florida. (511 S.U. 3rd St.)
* Lot 16, Block 8, Dell Park, as R.E. & T.M. George $ 40.00
recorded in Plat Book 8, Page 2209 E. Pineridge Court 35.00 (Adm. Cost)
56 of the Public Records of Palm Delray Beach, FL 33444 2.58 (Recording)
Beach County, Florida. $ 77.58
(214 ~.E. llth St.)
* S 25 feet of Lot 13, Lot 14 and Uilliam Murray $160.00
N 25 feet of Lot 15, Block 66, 226 N.E. 1st Avenue 35.00 (Adm. Cost)
Town of Delray, as recorded in Delray Beach, FL 33444 2.60 (Recording)
Plat Book 2, Page 81 of the $197.60
Public Records of Palm Beach
County, Florida.
(226 N.E. 1st Ave.)
* Lot 20, Block 11, Dell Park, as Mark & %.~ndy J. Brisson $ 40.00
recorded in Plat Book 8, Page 56 802 S.~{. 34th Ave. 35.00 (Adm. cost)
of the Public Records of Palm Boynton Beach, FL 33434 2.58 (Recording)
Beach County, Florida. $ 77.5g
(17 N.E. 8th St.)
* Lot 23, Block 81, Town of K.C. & Patricia K. Rode $ 80.00
- Delray, as recorded in Plat Book 248 N.E. 1st Avenue 35.00 (Adm. Cost)
11, Page 32 of t2~e Public Records Delray Beach, FL 33444 2.59 (Recording)
of Palm Beach County, Florida. $117.59
(360 N.E. 3rd Ave.)
* Lot 8, Block 55, ~Dwn of Delray, Joseph Cunningh~n, et al $ 40.00
as recorded in Plat Book 8, Page 217 S.W. 2nd Avenue 35.00 (Adm. Cost)
58 of tl~e Public Records of Palm Delray Beach, FL 33444 2.58(Recording)
Beach County, Florida. $ 77.58
( 217 S. ~. 2nd Ave. )
* Lot 14 & N65.2' of Lot 15, Block Delray Executive ~11 $160.00
77, Town of Delray Beach, as 110 E. Atlantic Ave. 35.00 (Adm. Cost)
recorded in Plat Book 1, Page 3 Delray Beach, FL 33444 2.60 (Recording)
of the Public Records of Palm $197.60
Beach County, Florida.
(20 S.E. 2~z~ Ave.)
* Lot 3, Block 1, Totterdale A~di- ~chael D. & M.M. Mahady $ 80.00
tion, as recorded in Plat Book 1507 Dale Lane 70.00 (Adm. Cost)
23, Page 151 of the Public Records Delray Beach, FL 33444 2.59 (Recording)
of Palm Beach County, Florida. $152.59
(1507 Dale Lane)
-3- P~s. No. 42-83
* Lots 3 & 4, Block 10, Dell Park, Russell C. & Judy A. Greene $360.00
as recorded in Plat Book 8, Page 906 N.E. 2nd Avenue 140.00 (Adm. Cost)
56 of the ~ablic Records of Palm Delray Beach, FL 33444 2.59 (Recording)
Beach County, Florida. $502.59
(910 N.E. 2nd Ave.)
* Lot 1, Block 1, Sunny ~ights Jaime & Louise B. Manqual $ 40.00
Amended, as recorded in Plat 321 S.W. 8th Street 35.00 (Adm. Cost)
Book 27, Page 221 of the Public Delray Beach, FL 33444 2.58 (Recording)
Records of Palm Beach County, $ 77.58
Florida. ( 321 S.%~. 8th St. )
* Lots 1-3, Inc. & E5' of Lot 4, W.A. & Elizabeth Perry $ 80.00
Bellview Court, as recorded in 316 N. Ocean Blvd. 35.00 (Adm. Cost)
Plat Book 11, Page 45 of the Delray Beach, FL 33444 2.58 (Recording)
Public Records of Palm Beach $117.58
County, Florida.
(840 S. S%rinton Ave. )
* E20' of Lot 118 & %~40' of Lot Nathaniel & Frankie McKennon $ 80.00
119, Delray ~.~mnor A~dition to 407 S.W. 9th Street 35.00 (Adm. Cost)
Delray, as recorded in Plat Book Delray Beach, FL 33444 2.59 (Recording)
12, Page 59 of the Public Records $117.59
of Palm Beach County, Florida.
(407 S.%~. 9th St.)
* Lot 29, Poinciana Heights of Carl J. Carter, Jr. $ 40.00
Delray Beach, as recorded in 315 N.W. 12th Avenue 35.00 (Adm. Cost)
Plat Bod~ 26, Page 245 of the Delray Beach, FL 33444 2.58 (Recording)
Public Records of Palm Beach $ 77.58
County, Florida.
( 315 N.%~. 12th Ave. )
* Lots 13 & 14, Block 47, Town of Barbara P. Kuchler $ 40.00
Delray, as recorded in Plat Book 1200 S. Dixie Hwy. 35.00 (Adm. Cost)
12, Page 81 of the Public Records Delray Beach, FL 33444 2.58 (Recording)
of Palm Beach County, Florida. $ 77.58
(241 S.W. 3rd Ave.)
* N69.5' of Lot 9, Block 78, Town J. Reeve & Ann S. Bright $ 120.00
of Delray, as recorded in Plat 700 Seasage Drive 35.00 (A~. Cost)
Book 10, Page 57 of the Public Delray Beach, FL 33444 2.59 (Recording)
Records of Palm Beach County, $ 157.59
Florida. (102 S.E. 2nd Avenue)
* Lot 44, r~ke Shore Estates, as %~yne C. & C.A. Stuart $ 80.00
recorded in Plat Book 25, Page 1901 N.~L 2nd Avenue 35.00 (Adm. Cost)
26 of the Public Records of Palm Delray Beach, FL 33444 2.58 (Recording)
Bead~ County, Florida. $117.58
(1901 N.%;. 2nd Ave. )
* S5' of Lot 2 & N33.25' of Lot Josie B. ~lson $ 40.00
3, Block 30, To%~ of Delray, 115 S.W. 5th Avenue 35.00 (Adm. Cost)
as recorded in Plat Bock 1, Delray Beach, FL 33444 2.58 (Recording)
Page 3 of the Public Records $ 77.58
of Palm Beach County, Florida.
(115 S .~. 5th Ave. )
* Lots 11 & 12, Block 19, Town of Lillian O. Rolle $ 40.00
Delray, as recorded in Plat Book 137 N.U. 6th Avenue 35.00 (Adm. Cost)
11, Page 73 of the Public Records Delray Beach, FL 33444 2.58 (Recording)
of Palm Beach County, Florida. $ 77.58
(137 N.~;. 6th Ave. )
* Lots 18 & 19, Block 4, ~Dnroe Jonathon & Catherine Taylor $ 40.00
Subdivision, as recorded in Plat 28 N.%L 7t~h Avenue 35.00 (Adm. Cost)
Book 14~ Page 67 of the Publi Delray Beach, FL 33444 2.58 (Recording)
Records of Palm Beach County, $ 77.58
Florida. ( 28 ~.~.~;. 7th Ave. )
-4- P~s. No. 42-83
* Lots 7 to 10 Inc., Block 27, Re- C.%L, Jr. & F.G. Patrick $200.00
plat of Part of Block 27, Delray 400 N.W. 2nd Street 70.00 (Adm. Cost)
Beach, as recorded in Plat Book Delray Beach, FL 33444 2.60 (Recording)
21, Page 43 of the Public Records -~
of Palm Beach County; Florida.
(400 N.~$. 2nd St.)
* Lot 4, Block 25, Town of Delray, Percival Jones $ 40.00
as recorded in Plat Book 5, Page 325 N.W. 5th Avenue 35.00 (Adm. Cost)
2 of t3~e Public Records of Palm Delray Beach, FL 33444 2.58 (Recording)
Beach County, Florida. $ 77.58
(325 N.~$. 5th Ave.)
* S80.26' of Lot 4, Less %~50', ;~illi~n A. & E. Perry, Sr. $120.00
Beach Lots, Delray, as recorded 38 High Avenue 135.00 (Adm. Cost)
in Plat Book 1, Page 25 of the Hyack, Iff 10960 2.60 (Recording)
Public Records of Palm Beach County, $157.60
Florida. ( 316 N. Ocean Blvd. )
* ~;50' of S157' of S%~ of Block 1, Mildred V. Townsend $ 40.00
?o%.a~ of Delray, as recorded in 311 NJ.L 8th Avenue 35.00 (Adm. Cost)
Plat Book 1, Page 3 of the Public Delray Beach, FL 33444 2.58 (Recording)
Records of Palm Beach County, $ 77.58
Florida. (311 N.%;. 8th Ave.)
* S~ of Lot 21 & Lot 22, Less ~', Paula A. Ewing $ 40.00
Block 55, Town of Delray, as 236 S.W. 1st Avenue 35.00 (Adm. Cost)
recorded in Plat Book 8, Page Delray Beach, FL 33444 2.58 (Recording)
58 of t~he Public Records of Palm $ 77.58
Beach County, Florida.
(236 S.W. 1st Ave.)
* E160' of N134' of S215' of Lot Jeffrey & Esme Fee $120.00
10, Less El5' RD R/W, Sub. 704 N. Swinton Avenue 70.00 (Adm. Cost)
8-46-43. Delray Beach, FL 33444 2.60 (Recording)
(704 N. Swinton Ave.) $192.60
* Lot 25, Less %[35', Block 17, Hubert Nelson $120.00
Resub. of Block 17, Delray Beach, & Lula M. Sanders 35.00 (Adm. Cost)
as recorded in Plat Book 21, Page 346 N.~. 5th Avenue 2.59 (Recording)
9 of the Public Records of Palm Delray Beach, FL 33444 $157.59
Beach County~ Florida.
( 346 N.U. 5th Ave. )
* Lots 1 & 8, Block 39, Resub. of Curtis & Mary Hanna $ 40.00
S~ of Block 38 & N½ of Block 39, 210 S.W. 3rd Avenue 35.00 (Adm. Cost)
as recorded in Plat Book 11~ Page Delray Beach, FL 33444 2.58 (Recording)
34 of ~he Public Records of Palm $ 77.58
Beach County, Florida.
(210 S.%{. 3rd Ave.)
* VIOLATIC~] IS:
Section 27-15 - Nuisance declared - Lethal Yellow disease.
-5- P~s. No. 42-83