Res 43-83 RESOLUTION NO. 43-83
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) LO-
CATED 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.
~HEREAS, the Director of Parks and Recreation and the City Man-
ager 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,
%$HEREAS, 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 respective lands or to request a hearing to contest
same; 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 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,
%~EREAS, 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).
NO~, 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 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 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 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 assessment(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 in-
cluding 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 certi-
fied 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 10th day of
May , 1983.
ATTEST:
· y ~ity Clerk
-2- Res. ~o. 43-83
COST OF ABATING ~,~JIS~CES U~DER CHAPTER 27
OF ~ CODE OF ORDI~TCES
PROPERLY DESCRIPTION C%~ER ASSESSMENT
* Lots 7 & 8, Block 91, Town Of Leonard L. Surles, Jr. $120.00
Delray Beach, Plat Book 2, Page 617 N.E. 3rd Avenue 35.00 (Adm. Cost)
21 of the Public Records of Palm Delray Beach, FL 33444 2.60 (Recording)
Beach County, Florida. $157.60
(140 N.E. 4th Avenue)
* Lot 4 (less H15'), Plat of Hammond J.W. & S.D. Eichelberg $520.00
Property, Plat Book 24, Page 248 Winters Bank To, er 35.00 (Adm. Cost)
of ~e Public Records of Palm Suite 1510 2.60 (Recording)
Beaeh County, Florida. Dayton, OH 45402 $557.60
(707 N. Ocean Blvd. )
* N63' of S419.4' of E135', Block Bernadine E. Clark & $ 40.00
24, Town of Delray, Plat Book 1, Walter J. Clark 35.00 (Adm. Cost)
Page 3 of the Public Records of 318 S.~{. 5th Avenue 2.60 (Recording)
Palm Beach County, Florida. Delray Beach, FL 33444 $ 77.60
( 318 S .~. 5th Avenue)
* Lot 16, Block 35, Town of Delray, Edward L. & Edith Coleman $ 80.00
Plat Book l, Page 3 of the Public 1215 N. Tamarine Avenue 35.00 (Adm. Cost)
Records of Palm Beach County, W. Palm Beach, FL 33401 2.60 (Recording)
Florida. (303 N.W. 1st Street) $117.60
* Lo~ 12, Block 113, Highland Park, Willism E. & Claire %~rd $ 40.00
Plat Book 2, Page 79 of the Public P.O. Box 1121 35.00 (Adm. Cost)
Records of Palm Beach County, Delray Beach, FL 33444 2.60 (Recording)
Florida. (312 N.E. 7th Avenue) $ 77.60
* Lot 23, Block A, Carver r,.~morial Julia Rolle $ 40.00
Park Sub., Plat Book 20, Page 56, 215 N.W. 14th Avenue 35.00 (Adm. Cost)
Public Records of Palm Beach Delray Beach, FL 33444 2.60 (Recording)
County, Florida. $ 77.60
(215 N.W. 14th Avenue)
* Lot 30, Block A, Tourist Nook, Chubby & Viola Coleman $ 40.00
Plat Book 11, Page 47 of the Pub- 256 N.;~. 9th Avenue 35.00 (A~. Cost)
lic Records of Palm Beach County, Delray Beach, FL 33444 2.60 (Recording)
Florida. (252 N.W. 9th Avenue) $ 77.60
* Lon 14, Block 1, Atlantic Park Joyce L. (Glinton) Butler $ 40.00
Gardens, Plat Book 14, Page 56 of P.O. Box 1072 35.00 (Adm. Cost)
the Public Records of Palm Beach Delray Beach, FL 33444 2.60 (Recording)
County, Florida. $ 77.60
( 27 N.~. 13th Avenue)
* Lot 9, Block 3, Carver Park, Plat Eddie & Bernice ~lker $ 40.00
Book 27, Page 55 of the Public 417 S.W. 15th Avenue 35.00 (Adm. Cost)
Records of Palm Beach County, Delray Beach, FL 33444 2.60 (Recording)
Florida. (417 S.~J. 15th Avenue) $ 77.60
* Lot 12, Block 4, Delray Beach Alfred & Lois Straghn $ 80.00
Heights, Plat Book 25, Page 186 of 801 S.W. 10th Avenue 35.00 (Adm. Cost)
the Public Records of Palm Beach Delray Beach, FL 33444 2.60 (Recording)
County, Florida. $117.60
(801 S.~I. 10th Avenue)
* SI00' of Lot 23, Ocean Breeze E~uel S. Williaus $ 80.00
Estates, Plat Book 18, Page 36 of 142 Seabreeze Avenue 35.00 (Adm. Cost)
the Public Records of Palm Beach Delray Beach, FL 33444 2.60 (Recording)
County, Florida. $117.60
( 142 Seabreeze Avenue)
* Lot 25, Poinciana Heights, Plat A.L. & Olet~a %~eeler $ 40.00
Book 26, Page 245 of the Public 331 N.~;. 12th Avenue 35.00 (Adm. Cost)
~ecords of Palm Beach County, Delray Beach, FL 33444 2.60 (Recording)
Florida. (331 N.%;. 12th Avenue) $ 77.60
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* Lot 20, Block 1, Atlantic Park Mary Salomon, Estate $ 40.00
Ga~dens, Plat Book 14, Page 56 of c/o Lillian Quinoe 35.00 (Adm. Cost)
the ~dblic Records of Palm Beach P.O. Box 119 2.60 (Recording)
County, Florida. Delray Beach, ~L 33444 $ 77.60
(51 N.~. 13th Avenue)
~ Lo5 19, Block 25, Town of Delray, Alberta P. Gaines, Trust $ 40.00
Plat Book 5, Page 2 of the Public 343 ~.~. 7th Avenue 35.00 (Adm. Cost)
Records of Palm Beach County, Delray Beach, FL 33444 2.60 (Recording)
Florida. (306 N.;L 4th Avenue) $ 77.60
* Lot 19, Block 9, Atlantic Gardens, Annie B. Dawkins $ 40.00
Plat Book 14, Page 63 of the Pub- 2743 N.~. 2nd Street 35.00 (Adm. Cost)
lic Records of Palm Beach County, Boynton Beach, FL 33435 2.60 (Recording)
Florida. (126 S.~;. 10th Avenue) $ 77.60
* Lot 8 & El0' of Lot 9~ Block F, Frank & Agnes C. Piazza $ 80.00
!st Addn. to High Acres, Plat P.O. Box 573 35.00 (Adm. Cost)
Book 23, Page 6 of t]~e Public ~.Dretown, VT 05660 2.60 (Recording)
Rscords of Palm Beach County, $117.60
Florida. (322 N.U. 16th Street)
* Lot 10, Block 2, J.G. Fennos Sub., Iredene B. Lewis $ 80.00
Plat Book 2, Page 89 of the Public P.O. Box 2212 35.00 (Adm. Cost)
Records of Palm Beach County, Praire View, TX 77445 2.60 (Recording)
Florida. (15 N.%.L 9th Avenue) $117.60
* ;~50' of St57' of S~ of Block 1, Mildred V. ~"bwnsend $ 40.00
?o%~ of Delray, Plat Book 1, Page 311 N.W. 8th Avenue 35.00 (Adm. Cost)
3, Public Records of Palm Beach Delray Beach, FL 33444 2.60 (Recording)
County, Florida. $ 77.60
(311 N.U. 8th Avenue)
* Lot 1, Less %~' RD R/W, Block 115, George R. Cummings $ 40.00
?o%~ of Delray, Plat Book 1 Page 198 State Street 35.00 (Adm. Cost)
3, Public Records of Palm Beach Meriden, CT 06450 2.60 (Recording)
County, Florida. $ 77.60
(197 N.E. 6th Avenue)
* Lots 3 & 4, Block A, Carver ~.~- ~ry Strapp $ 40.00
rial Park, Plat Book 20, Page 56, 210 N.%L 13th Avenue 35.00 (Aam. Cost)
Public Records of Palm Beach Delray Beach, FL 33444 2.60 (Recording)
County, Florida. $ 77.60
(210 ~.U. 13th Avenue)
* S-~ of Lot 5 %~ of A/A/Less %~383', Peter S. Dolce $120.00
Block 3, Revised Plat of Blks. D 1227. Harbor Drive 35.00 (Adm. Cost)
& E, Palm Beach Shore Acres, Plat Delray Beach, FL 33444 2.60 (Recording)
Book 7, Page 38 of the Public $157.60
Records of Palm Beach County,
Florida. (602 N. Ocean Blvd.)
* El60' of N134' of S215' of Lot 10/ Jeffrey & Esme Fee $ 40.00
Less El5' RD R/%~, Sec. 8-46-43, 704 N. Swinton Avenue 35.00 (Adm. Cost)
Plat Book 1, Page 4 of the Public Delray Beach, FL 33444 2.60 (Recording)
R~cords of Palm Beach County, $ 77.60
Florida. (704 N. Swinton Avenue)
* Lot 23, Block 4, Monroe Sub., Bernice D. %~illiams $ 40.00
Plat Book 14, Page 67 _of the Pub- & Sharon Johnson 35.00 (Adm. Cost)
lic Records of Palm Beach County, 714 ~.%~. 1st Street 2.60 (Recording)
Florida. (714 N.~L 1st Street) Delray Beach, FL 33444 $ 77.60
* Lot 1, Block 9, Atlantic Gardens, Annie M. ~tt $ 40.00
Plat Book 14, Page 63 of the Pub- & ~.'~ggie L. Uatt 35.00 (Adm. Cost)
lic Records of Palm Beach County, 138 S.~L 10th Avenue 2.60 (Recording)
Florida. (101 S.~L llth Avenue) Delray Beach, FL 33444 $ 77.60
- 4 - R~s. ~. 43-83
* %~90' of Ely 198.44' of Sl00' of Nor & Lydia Krystalowych $ 40.00
N2240' of Gov. Lot 4, Lyg. %~ of 208 Edenbridge Drive 35.00 (Adm. Cost)
SR A1A, Section 21-46-43, Plat Book Islington, Ontario 2.60 (Recording)
23, Page 167 of the Public Records Canada M9A 3G8 $ 77.60
of Palm Beach County~ Florida.
(1690N-1692S S. Ocean Blvd.)
* Lot 6, Block 25, Town of Delray, James & Essie L. Young $ 80.00
Plat Book 1, Page 3 of the Public 313 N.W. 5th Avenue 70.00 (A~. Cost)
Records of Palm Beach County, Delray Beach, FL 33444 2.60 (Recording)
Florida. (317 N.U. 5th Avenue) $152.60
* Lots 7 & 8, Block 67, Town of U.A. Jr. & Elizabeth Perry $ 80.00
Delray, Plat Book 1, Page 3 of 38 High Avenue 35.00 (Adm. Cost)
the Public Records of Palm Beach ~fack, NY 10960 2.60 (Recording)
County, Florida. $117.60
(101 & 109 ~. Swinton Ave.)
* VIOLATIf~ IS:
Section 27-15 - Nuisance declar~ - Lethal Yellow disease.
- 5 - P~s. No. 43-83