Res 96-83 RESOLUTION NO. 96-83
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 UPON CERTAIN LAND(S) LOCATED WITHIi~
THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN-
CURl{ED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING.THE COST OF SUCH ABATEP~W. NT OF NUISANCES; PRO-
VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESS~iENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID L~VY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PKO-
VIDING FOR THE 5~2~ILING OF NOTICE OF LIEN.
W~REAS, 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 land, described in
list attached hereto and made a part hereof, for violation of =ne 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 tha% 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 o~ Ordinances
describing the nature of the nuisance(s) and sent notice that with%in
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,
WHEREAS, 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 lanas 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 o~ 13-14); and,
%~EREAS, 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 %n the
list attached and made a part hereof and incurred costs in abaton9 the
subject nuisance(s) existing thereon as described in the notice; and,
W~EREAS, the City Manager. of the City of De lray Beach has,
pursuant to Chapter 13 of the Code of Ordinances of the City of Delray
Beach, submitted to the C~ty Council a report of '~he costs incurre= in
abating said nuisance(s) as aforesaid, said report indicatin9 the costs
per parcel of land involve=; and,
WHEREAS, the City Council of the City of De lray Beach, pursuant
to Chapter 13 of the Code of Ordinances desires to assess the cos=
said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CI'£Y
OF D~LRAY BEACH, FLORIDA, A~ FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City ~nager 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 attache=
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 ~he
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 t~e 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 ana
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City o~ 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 25th day of Octoberr 1983
has levied an assessment against said property for the cost oE 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, anG
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs o~ collecting said sums.
Section 4. That this re~olution shall become e~fective 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 o~
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 notlce of assessment, the City Clerk is hereDy 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 o~ aSatement, interest au ~ne
rate of 8%, and collection costs including a reasonable attorney's ~ee.
Section 6. That at the time the City Clerk sends the certlfie~
copy of this resolution for recording, a notice of lien, in the ~orm
prescribed in Section 13-20 of the Code of Or=inances, shall be maile~
to the property owner.
PASSED AND ADOPTED in regular session on tnzs the 25th
day of October , 19 83 ·
ATTEST:
~/ City Clerk
-2- ~es. mo. 96-83
COST OF ABATING 51UISANCES UNDER CHAPTER 13
OF T~IE CODE OF ORDINANCES
ROPERTY DESCRIPTION OWAIER ASSESSMESVf
ot 1, Block 9, Atlantic Annie M. Watt & $40.00
ardens, Plat Book 14, Page Maggie L. Watt 35.00 (Adm. Cost)
3 of the Public Records of 138 S. W. 10th Avenue 2.65 (Recording)
aim Beach County, Florida. Delray Beach, FL 33444 $77.65
101 S. W. llth Avenue)
ot 5, Block 4, Atlantic Robert M. & Juanita E. Coffey $40.00
ark Gardens, Plat Book 14, 1502 N. W. 85th Street 35.00 (Admo Cost)
age 56 of the Public Records Miami, FL 33147 2.65 .(Recording)
f Palm Beach County, Florida. $77.65
217 S. W. 13th Avenue)
,or 14, Block B, Carver Rufus Norman, Estate $40.00
~morial Park Sub., Plat c/o Clarence Norman 35.00 (Adm. Cost)
ook 20, Page 56 of the 1720 N. Wo 84th Street 2.65 (Recording)
~ublic Records of Palm Miami, FL 33150 $77.65
,each County, Florida.
249 N. W. 15th Avenue)
,or 6, Block 34, Town of Patricia A. Nelson $40.00
,elray, Plat Book 10, Page 234 ~. W. 4th Avenue 35.00 (Adm. Cost)
.5 of the P~blic Records of Delray Beach, FL 33444 2.65 (Recording)
'aim Beach County, Florida. $77.65
227 N. W. 4th Avenue)
,or 22, Block 41, Town of George A. Taylor $40.00
,elf&y, Plat Book 5, Page c/o Roland Taylor 35.00 (Adm. Cost)
,5 of the Public Records of 140 N. W. 21st Avenue 2.65 (Recording)
'aim Beach County, Florida. Boynton Beach, FL 33435 $77.65
331 N. W. 3rd Avenue)
,or 49, Block 15, Town of H.G. & Celestine Poitier $40.00
,elray, Plat Book 13, Page 18 1221 W. 12th Street 35.00 (Adm. Cost)
.f the Public Records of Palm Jacksonville, FL 33209 2.66 (Recording)
.each County, Florida. $77.66
616 S. W. 2nd Street)
ot 50, Block 15, Town of H.G. & Celestine Poitier $40.00
elray, Plat Book 13, Pmqe 1221 W..12th Street 35.00 (Adm. Cost)
8 of the Public Records of Jacksonville, FL 33209 .2.66 (Recording)
aim Beach County, Florida. $77.66
616 S. W. 2nd Street)
ot 51, Block 15, Town of H.G. & Celestine Poitier $40.00
elray, Plat Book 13, Paqe 1221 W. 12th Street 35.00 (Adm. Cost)
8 of the Public Records of Jacksonville, FL 33209 2.66 (Recording)
alm Beach County, Florida. $77.66
616 S. W. 2nd Street)
ot 52, Block 15, Town of H.G. & Celestine Poitier $40.00
elray, Plat Book 13, Page 1221 W. 12th Street 35.00 (Adm. Cost)
8 of the Public Records of Jacksonville, FL 33209 2.65 (Recording)
aim Beach County, Florida. $77.65
616 S~ W. 2nd Street)
- 3 - Res. No. 96-83
Lot 30, Block B, Tourist Harry & Katie Hagwood $40.00
Nook, Plat Book 11, Page 47 945 W. Atlantic Avenue 35.00 (Adm. Cost)
of the Public Records of Delray Beach, FL 33444 2.65 (Recording)
Palm Beach County, Florida. $77.65
(252 N. W. 8th Avenue)
Lot 29, Block B, Tourist Delverna C. Riley $40.00
Nook, Plat Book 11, Page 47 231 N. W. 8th Avenue 35.00 CAdm. Cost)
of the Public Records of Delray Beach, FL 33444 2.65 (Recording)
Palm Beach County, Florida. $77.65
(248 N. W. 8th Avenue)
Lot 7, Block A, West Side Eliza Reynolds $40.00
Heights, Plat Book 13, Page P.O. Box 1314 35.00 (Adm. Cost)
61 of the Public Records of Delray Beach, FL 33444 2.66 (Recording)
Palm Beach County, Florida. $77.66
(119 N.W. 10th Avenue)
Lot 8, Block A, West Side Eliza Reynolds $40.00
Heights, Plat Book 13, Page P.O. Box 1314 35.00 (Adm. Cost)
61 of the Public Records of Delray Beach, FL 33444 2.66 (Recording)
Palm Beach County, Florida. $77.66
(119 N. W. 10th Avenue)
Lot 15, Block 2, Priest Gladys Kirkland $40.00
Addition to Atlantic Park 313 S. W. 15th Terrace 35.00 (Adm. Cost)
Gardens, Plat Book 23, Page Delray Beach, FL 33444 2.65 (Recording)
70 of the Public Records of $77.65
Palm Beach County, Florida.
(110 S. W. 14th Avenue)
N40' of S106' of W135' of S½ Mary Keys $40.00
IN DB655P495, Block 19, Town P.O. Box 1533 35.00 (Adm. Cost)
of Delray, Plat Book 1, Page Delray Beach, FL 33444 2.65 {Recording)
3 of the Public Records of $77.65
Palm Beach County, Florida.
(107 N. W. 6th Avenue)
VIOLATION:
Section 13-13, Weeds, trash, certain vegetation etc.,
declared a public nuisance.
- 4 - Res. No. 96-83