Res 68-02RESOLUTION NO. 68-02
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 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 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 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 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 Commission 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 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 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 end 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 Commission of the City of Delray Beach on the 20th day of August, 2002 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
~mmiled, 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
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.
Res. No. 68-02
PASSED A/CD ADOPTED in regular session on this
AuRust , 2002.
the 20th day of
MAYOR
City Clerk
Res. No. 68-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, S 53 FT OF LOT 2, BLOCK 43,
PZ 1, P 3, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL OLA M. VICKERS
(133 NW 3RD AVENUE) 600 NO. CONGRESS AVE #560
12 43 46 16 01 043 0021 DELRAY BEACH, FL 33445 ~
CUST ID # 9543 $ 15.45
$ 55.00 ADMFEE
ATLANTIC PARK GARDENS, DELRAY,
LOT 20, BLOCK 2, PB 14, P 56,
PUBLIC RECORDS OF PALM BEACH, FL MARTHA ALEXANDER ROBINSON
& JACQUELINE D. ALEXANDER
(45 SW 13TH AVENUE) 276 OLD HOLCOMB BRIDGE WAY
12 43 46 17 18 002 0200 ROSWELL, GA 30076
CUST ID # 9473 $ 127.70
$ 55.00 ADMFEE
TOWN OF DELRAY, N 50 FT OF S 150 FT OF
E 135 FT OF BLOCK 13, PB 1, P 3, PUBLIC PAULIINE RICE ESTATE
RECORDS OF PALM BEACH COUNTY, FL C.O BERNARD WRIGHT
(40 SW 6TH AVENUE) PO BOX 733
12 43 46 16 01 013 0180 DELRAY BEACH, FL 33447
CUSTID#217 $ 96.80
$ 55.OO ADM FEE
SUB 17-46-43 S 50 FT OF N 150 FT OF E 135 FT
OF S 1/2 OF N 1/2 OF LOT 6 / LESS E 25 FT
STREET R/O/W, PB 1, P 3, PUBLIC RECORDS C.A.M. DEVELOPMENTS
OF PALM BEACH COUNTY, FL 15581 BENT CREEK ROAD
(114 NW 10TH AVENUE) ~WEST PALM BEACH, FL 33414
12 43 46 17 42 006 0010
CUST ID # 9577 $ 89.09
$ 55.00 ADM FEE
STRATFORD ATTA BOWE PLAT, PARCEL 3
(OLD SCHOOL SQUARE HISTORIC DISTRICT)
PB 77, P 200, PUBLIC RECORDS OF PALM BRUCE MCKEEVER &
BEACH COUNTY, FL CATHERINE MCKEEVER
(255 NORTH SWINTON AVENUE) 122 BUTTONWOOD LANE
12 43 46 16 D9 002 0000 BOYNTON BEACH, FL 33436
CUST ID # 8918
$ 59.45
$ 55.00 ADM FEE
4
Res. No. 68-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PINE TRAIL SECTION 4, LOT 20 EDGEWATER HOMES, INC.
(LESS WLY 40.50 FT) BLOCK 4, C/O HIRAM COLLAZO,
,PB 35, P 151, PUBLIC RECORDS REGISTERED AGENT
OF PALM BEACH COUNTY, FL ~518 NW 36TH STREET
(5270 NW 5TH STREET) MIAMI, FL 33142
12 43 46 12 12 004 0202
CUST ID # 9581 $ 65.90
$ 55.00 ADM FEE
TOWN OF DELRAY, S 150 FT OF W 135.5 FT OF
BLOCK 26, PB 1, P 3, PUBLIC RECORDS OF FRED D. MC COY &
PALM BEACH COUNTY, FL AMERIFIRST
(415 NW 2ND STREET- VACANT) 17500 NW 68TH AVENUE # 210 i
I
12 43 46 16 01 026 0120 HIALEAH, FL 33015-4044
CUST ID 114
$ 108.35
$ 55.00 ADMFEE
LINCOLN PARK, DELRAY LOT 29, PB 23, P1 60
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 'DAVID E. DAYS
(119 SW 9TH AVENUE) 1900 NW 187TH TERRACE
12 43 46 17 38 000 0290 OPA LOCKA, FL 33056-2832
CUST ID # 890 $ 35.00
$ 55.00 ADM FEE
PINE TRAIL SECTION 4, LOT 20 (LESS WLY 40.50
FT)
BLOCK 4, PUBLIC RECORDS OF PALM BEACH EDGEWATER HOMES, INC.
COUNTY, FL C/O HIRAM COLLAZA,
(5270 NW 5TH STREET) REGISTERED AGENT
12 43 46 12 12 004 0202 5270 NW 5TH STREET
CUST ID # 9581 !MIAMI, FL 33143 $ 35.00
$ 55.00 ADMFEE
!VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
5
Res. No. 68-02
MEMORANDUM
T&.
FROlV5
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM x~ - REGULARMEETING OF AUGUST 20, 2002
RESOLUTION NO. 68-02
AUGUST 16, 2002
This is a resolution assessing costs for abatement action required to remove nuisances on nine (9)
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 unpaid.
Recommend approval of Resolution No. 68-02.
Agmemo~.Res No 68-02
RESOLUTZON NO. 68-02
A RESOLUTZON OF T~ CZT~' CO$~M~BBZON OF ~ ~ OF DRilY
FLORZDA~ ~~ ~ ~R ZOO OF ~ ~DB OF O~~S OF ~
PRO~D~N~ FOR ~ ~F~~ D~ ~ FOR ~ ~ ~TE ~ ~~T ~
~HIRRAS, ~he CAL~ Manager or I~Lo dcsAgnated representative has, p~au~t to
~aptor ~00 of the ~e of ~~ce., declared ~e ~iot~ce o~ a nuio~ce upon
section 00.20, 00.2 nd z00.22 of the Code of
Or~n~cos o~ the C~ty o~ ~ol=a~ Beech, ~e C~ ~ger o= h~s des~ated
representative hs ~nspected sa~d ~d(s) ~ ha dete~ned the a nu~s~ce ~stod
accord~co w~th the st~derds set ~orth ~n ~apter ~00 o~ ~e Code of Ordinances, ~
d~d ~u~sh tho respective ~or(s) o~ the 2~d(s) defcr~od ~n tho attached l~st w~th
~tten not,ce of p~l~c n~s~co pursuit to Sections ~00.20, ~00.2~ ~d ~00.22 o~ the
Code of O~d~n~ces descrying ~o neture of ~e nu~s~ce(s) ~d s~t not,ce that w~th~n
t~ (20) duff fr~ ~e ~to of sn~d not,ce ~ortF-t~ (42) ~ ~n ~e cese o~
o~ Sect~ ~00.04 ~rta~n~ng to soawalls) ~eF ~st ~ate sa~d nu~s~ce, or ~1o a
~tten re.est ~or a henries to review the decision ~at a nu~s~ce ~stod w~n t~
(10) days ~ tho date of aa~d not,ce. ~8~l~ng v~ch ~e C~ty o~ ~elray Beach would
proceed to co.oct th~s con~t~on ~ ~at~ng ~uch nu~s~co, ~d ~t ~ cost ~ereo~
WHIR~AS, tho p;operty owner(s) named in the list attached hereto and nade
part hereof did fail and neglect to abets ~he nuAsance(s) existing upon their
respective lends or to properly request a heeringpursuent to hctAon X00.ll and
within the time limAts prescrAbed in said notice and C~apter X00 of the Code of
Ordinances, or Af tho p~er~ owner(s) did request and zeceivo a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) within the tame
designated at the hearing vherein m decision~was rendered adverse to the property
owner(s); and,
WHLq~AS, ~ho CAty of Delray Beach, ~hrough ~he C~t~ ~uimtration or such
agents or contractors hi. red by' ~e C~ ~n~s~at~on ns ~re~ore ~e~red to ~d
dad ~ter upon the l~d(a) descrAbed in ~e list ettached ~d mdc a pert hereo~ ~d
An~rred costs An ~ating ~e s~ect nuAs~ce(s) ~st~ ~e=eon as descried An the
no,iccp
~, ~e CA~ ~ger o~ ~e CA~ o~ ~lraF Beech he, ~rsu~t to
~pter X00 o~ ~e Code o~ ~n~ces o~ ~e CAlF o~ DelraM ~each, f~ted to the --~
tiLT Ommmission a report o£ ~he costs incurred An abating said nuisance(s) es
aforesaid, said report indicating the costs per parcel of land involved; and,
WHXREAS,' the City C_~4ssion of the City of Dolray Beach, pursuant to
Chapter X00 of the Code o£ Ordinances desirel to ·lsess the cost of laid nuisance(s)
I~0W~ THEP~FO~, BZ ZT RBBOLVBD BY THI CZTY C0MMXSBZON OF T~B CITY OF
Section ~, That assessments in the individual amounts as shown b~ the
report of tho City Manager of the City of Delrey Beach, involving the City's cost o£
&bating the aforesaid nuisances upon the lots or parcels of land described in enid
report, a copy of which is attached hereto and made · part hereof, are hereby levied
against the parcel(a) of land described in said report and in the amount(s) indicated
thereon. Said &SleSrments lO levied shall, if not paid within thirty (30) deyl after
mailing of the notice described in Sec. 3, beco~e a lien upon the respective lots and
parcel(s) of land described In said regort, of the emne nature and to the la~e extant
as the lien for general city.taxes and shall be collectible An the same harmer as
~ortgages and foreclosures ar~under state law.
Section 2. That such assesrments shall be Legal, valid and banding
obligations upon the property against which said assesrments are levied.
Section 3. That the City Clerk of tho City of Delray Be·ch is hereby
directed to inmedAately mail bm £Arst class mai1 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_~-4ssion of ~he City of Delray Be·ch on the has
levied an assessment against said property £or the cost of abatement of said nuisance
bm the City, and that said assesmaent As due and payable within thirty (30) days after
the maiXing date 0£ said notice of assessment, after vhich a lien shall be placed on
a·id property, and interest will accrue at the rate of 8% per annu~, plus reasonable
attoraey,s fees and other costs of collecting said a,-~-. A Hotice of Lien shall be
mailed, along with the Hotice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessnent(s) contained herein ah&il become due and
payable ~hirty (30) days after the mailing date of the notice of said assessment(s),
after which a lien ah&Il be placed on aaAd property(s), and interest shall accrue at
the rate of eight (8) percent per annu~ plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's £ee.
Section S. That An the event that payment has not bean received b~ ~he tiLT
Clerk within ~l~rty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereb~ directed to record a certA£Aed cop~ of Chis resolution An the
public records of Palm Beach County, Florida, and upon the date and tine of recording
of the certified COl~ of this resolution a lien shall haco~e effective on the subject
property which ah&ii secure the cost of abatement, interest at the late of 8%, and
collection costs including a reasonable attorney,s fee.
2
Res. No. 68-02
P~B~D ~ ,IIDOPT~D :In regu~&= .essJ. on on t:h:l.s ~he · 2002.
day o£
MAYOR
ATTEST
City Clerk
3
Res. No. 68-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, S 53 FT OF LOT 2, BLOCK 43,
PZ 1, P 3, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL OLA M. VICKERS
(133 NW 3RD AVENUE) 600 NO. CONGRESS AVE #560
12 43 46 16 01 043 0021 DELRAY BEACH, FL 33445
CUST ID # 9543 $ 15.45
$ 55.00 ADM FEE
ATLANTIC pARK GARDENS, DELRAY,
;LOT 20, BLOCK 2, PB 14, P 56,
PUBLIC RECORDS OF PALM BEACH, FL MARTHA ALEXANDER ROBINSON
(45 SW 13TH AVENUE) & JACQUELINE D. ALEXANDER
276 OLD HOLCOMB BRIDGE WAY
12 43 46 17 18 002 0200 ROSWELt. GA 30076
CUST ID # 9473 $ 127.70
$ 55.00 ADM FEE
TOWN OF DELRAY, N 50 FT OF S 150 FT OF
E 135 FT OF BLOCK 13, PB 1, P 3, PUBLIC PAULIINE RICE ESTATE
RECORDS OF PALM BEACH COUNTY, FL C.O BERNARD WRIGHT
(40 SW 6TH AVENUE) PO BOX 733
12 43 46 16 01 013 0180 ' DELRAY BEACH, FL 33447
CUST ID#217 $ 96.80
$ 55.00 ADM FEE
SUB 17-46-43 S 50 FT OF N 150 FT OF E 135 FT
OF S 1/2 OF N 1/2 OF LOT 6 / LESS E 25 FT
STREET R/O/W, PB 1, P 3, PUBLIC RECORDS C.A.M. DEVELOPMENTS
OF PALM BEACH COUNTY, FL 15581 BENT CREEK ROAD
(114 NW 10TH AVENUE) WEST PALM BEACH, FL 33414
12 43 46 17 42 006 0010
CUST ID # 9577 $ 89.09
$ 55.00 ADM FEE
STRATFORD ATTA BOWE PLAT, PARCEL 3
(OLD SCHOOL SQUARE HISTORIC DISTRICT)
PB 77, P 200, PUBLIC RECORDS OF PALM BRUCE MCKEEVER &
BEACH COUNTY, FL CATHERINE MCKEEVER
(255 NORTH SWINTON AVENUE) 122 BUTTONWOOD LANE
12 43 46 16 D9 002 0000 BOYNTON BEACH, FL 33436
CUST ID # 8918
$ 59.45
$ 55.00 ADM FEE
4
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PINE TRAIL SECTION 4, LOT 20 EDGEWATER HOMES, INC.
(LESS WLY 40.50 FT) BLOCK 4, CIO HIRAM COLLAZO,
PB 35, P 151, PUBLIC RECORDS REGISTERED AGENT
OF PALM BEACH COUNTY, FL 518 NW 36TH STREET
(5270 NW 5TH STREET) MIAMI, FL 33142
12 43 46 12 12 004 0202.
CUST ID # 9581 $ 65.90
$ 55.00 ADM FEE
TOWN OF DELRAY, S 150 FT OF W 135.5 FT OF
BLOCK 26, PB 1, P 3, PUBLIC RECORDS OF FRED D. MC COY &
PALM BEACH COUNTY, FL NVIERIFIRST
(415 NW 2ND STREET - VACANT) 17500 NW 68TH AVENUE # 210
12 43 46 16 01 026 0120 HIALEAH, FL 33015-4044
CUST ID 114
$108.35
$ 55.00 ADM FEE
LINCOLN PARK, DELRAY LOT 29, PB 23, P1 60
PUBLIC RECORDS OF PALM BEACH.COUNTY, FL DAVID E. DAYS
(119 SW 9TH AVENUE) 1900 NW 187TH TERRACE
12 43 45 17 38 000 0290 OPA LOCI(A, FL 33056-2832
CUST ID # 890 $ 35.00
$ 55.00 ADM FEE
PINE TRAIL SECTION 4, LOT 20 (LESS WLY 40.50
FT)
BLOCK 4, PUBLIC RECORDS OF PALM BEACH EDGEWATER HOMES, INC.
COUNTY, FL C/O HIRAM COLLAZA,
(5270 NW 5TH STREET) REGISTERED AGENT
12 43 48 12 12 004 0202 5270 NW 5TH STREET
CUST ID # 9581 MIAMI, FL 33143 $ 35.00
$ 55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
I
5
Res. No. 68-02