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HomeMy WebLinkAbout65-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 65-24
File Number: 2024-1667
2141 NORTH GREEN ACRES ROAD (RAZE AND REMOVAL):
A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE
STRUCTURE ON PROPERTY OWNED BY MULLINS PROPERTY MANAGEMENT LLC; C/O JOHN MULLINS
LOCATED AT 2141 NORTH GREEN ACRES ROAD IN THE CITY OF FAYETTEVILLE, ARKANSAS; AND TO
APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $10,644.00
WHEREAS, Mullins Property Management LLC; C/O John Mullins is the record owner of real property, legally
described in attached Exhibit A which is located at 2141 N. Green Acres Rd, City of Fayetteville, Washington County,
Arkansas; and
WHEREAS, the City Council has determined that a structure located on said property with the address 2141 N. Green
Acres Rd is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and
WHEREAS, Mullins Property Management LLC; C/O John Mullins, having been properly served by sending a Notice
of Violation by Certified Mail, Return Receipt Requested to the owner's address of record, and, given thirty (30) days
to correct said violations, has failed to repair, or raze and remove said dilapidated, unsightly, and unsafe structure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That, by the authority granted pursuant to A.C.A. § 14-56-203, and in accordance with the provisions of
Section 173.08 of the Fayetteville Code of Ordinances, Mullins Property Management LLC; C/O John Mullins is
hereby ordered to raze and remove forthwith the dilapidated, unsightly, and unsafe structure located at 2141 N. Green
Acres Rd., Fayetteville, Arkansas. The manner of removing said structure shall be: dismantle by hand or bulldozer,
and haul all debris to a landfill.
Section 2: That, if Mullins Property Management LLC; C/O John Mullins does not comply with this order, the Mayor
is hereby authorized to cause the dilapidated, unsightly, and unsafe structure to be razed and removed; and a lien
against the real property shall be granted and given the City, pursuant to A.C.A. §14-54-904, for the costs associated
therewith.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution.
Page 1
Resolution: 65-24
File Number: 2024-1667
PASSED and APPROVED on February 6, 2024
Page 2
Attest:
Kara Paxton, Ci y rk Treasurer _ ; F-AYc TTEV!LLt
Wiz_• :�—
'e;
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 6, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Dennis Sanders, Building Safety Director
FROM: Billy Bryant, Senior Code Compliance Officer
DATE:
CITY COUNCIL MEMO
SUBJECT: Raze and Removal of Structures at 2141 N. Green Acres Rd. in Ward 2
RECOMMENDATION:
2024-1667
Staff recommends approval of a resolution ordering the Raze and Removal of a dilapidated and unsafe
structure located at 2141 N. Green Acres Rd. , and to approve a budget adjustment in the amount of
$10,644.00 for the project.
BACKGROUND:
The subject property is located at 2141 N. Green Acres Road, between Colt Square Drive to the north and Elm
Street to the south. City Council previously considered the property at several meetings between April and
September of 2022 when it was brought forward for raze and removal during the ownership of Rose Mary
Austin. Ms. Austin experienced a fire in the residence at the electrical panel on the north wall of the structure
which prompted Code Compliance to investigate for habitability. Significant issues related to unrepaired fire
damage, limited paths of egress, and neglect to the structure were identified and staff, after several months of
attempting to work with the owner, opened a raze and removal case. Following multiple hearing before the city
Council, but prior to the raze and removal being ordered, Ms. Austin sold the property to Mullins Property
Management LLC; C/O John Mullins. With the new owner expressing an intent to demolish the dilapidated
structure, staff recommended that City Council table the item indefinitely, which occurred on September 6,
2022.
Since that time, Mr. Mullins secured the structure and staff closed the raze and removal case. Staff spoke with
Mr. Mullins shortly after his purchase of the property to ensure his awareness of the code violations. In
conversations with Mr. Mullins, he expressed plans for the property, including offsetting the cost of removing
the structure with new development. Staff advised the new property owner of interim expectations, including
site clean-up and securing the building. This was largely completed, affording the property owner additional
time to establish redevelopment plans. In early October of 2023 staff was notified that the dilapidated structure
at 2141 N. Green Acres Rd. was still standing and was experiencing vagrant activity. Staff performed an
inspection and validated the complaint in October of 2023. The property owner was then contacted, who
confirmed the structure will not be demolished due to his redevelopment proposal not appearing feasible.
Accordingly, the property owner was advised that a raze and removal case will be opened against the property.
DISCUSSION:
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
This address consists of a single story 1,152 square foot, single family dwelling along with one storage
building. As demonstrated in the attached photos, repairs and/or removal remain unaccomplished. The exterior
is largely boarded up, although the back door and a window of the structure are unsecured with 2-year old fire
damage still exposing the structure to the elements. Inside the building, the ceiling has collapsed, allowing
insulation to engulf the main living space. Roof components such as rafter tails, soffit, and fascia are rotting.
The structure does not have electricity or water services. To date no demolition or building permits have been
issued or applied for.
BUDGET/STAFF IMPACT:
If the property owner does not comply with the Raze and Removal order, Raze and Removal costs will be
expensed to the current budget. A lien will be placed on the property for the incurred costs. The current budget
balance of $4,856.00 is available to spend on this raze and removal project. After advertising the work, the
winning bid amount was $15,500.00. An additional $10,644.00 is necessary to cover the difference.
ATTACHMENTS: SRF (#3), BA (#4), 2141 Green Acres Mullins Council Packet (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2024-1667
Raze and Removal of Structures at 2141 N. Green Acres Rd. in Ward 2
A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND
UNSAFE STRUCTURE ON PROPERTY OWNED BY MULLINS PROPERTY MANAGEMENT
LLC; C/O JOHN MULLINS LOCATED AT 2141 NORTH GREEN ACRES ROAD IN THE CITY OF
FAYETTEVILLE, ARKANSAS; AND TO APPROVE A BUDGET ADJUSTMENT IN THE
AMOUNT OF $10,644.00
WHEREAS, Mullins Property Management LLC; C/O John Mullins is the record owner of real
property, legally described in attached Exhibit A which is located at 2141 N. Green Acres Rd, City of
Fayetteville, Washington County, Arkansas; and
WHEREAS, the City Council has determined that a structure located on said property with the address
2141 N. Green Acres Rd is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and
WHEREAS, Mullins Property Management LLC; C/O John Mullins, having been properly served by
sending a Notice of Violation by Certified Mail, Return Receipt Requested to the owner's address of
record, and, given thirty (30) days to correct said violations, has failed to repair, or raze and remove said
dilapidated, unsightly, and unsafe structure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That, by the authority granted pursuant to A.C.A. § 14-56-203, and in accordance with the
provisions of Section 173.08 of the Fayetteville Code of Ordinances, Mullins Property Management
LLC; C/O John Mullins is hereby ordered to raze and remove forthwith the dilapidated, unsightly, and
unsafe structure located at 2141 N. Green Acres Rd., Fayetteville, Arkansas. The manner of removing
said structure shall be: dismantle by hand or bulldozer, and haul all debris to a landfill.
Section 2: That, if Mullins Property Management LLC; C/O John Mullins does not comply with this
order, the Mayor is hereby authorized to cause the dilapidated, unsightly, and unsafe structure to be
razed and removed; and a lien against the real property shall be granted and given the City, pursuant to
A.C.A. § 14-54-904, for the costs associated therewith.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Billy Bryant
Submitted By
City of Fayetteville Staff Review Form
2024-1667
Item ID
2/6/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/11/2024 BUILDING SAFETY (640)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of the resolution ordering the raze and removal of a dilapidated and unsafe structure
located at 2141 N. Green Acres Rd., and to approve a budget adjustment in the amount of $10,644.00 for the
project.
1010.640.6400-5315.04
Account Number
50033.2401
Project Number
Budgeted Item? Yes
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? Yes Item Cost
Is a Budget Adjustment attached? Yes Budget Adjustment
Remaining Budget
General
Fund
Raze and Removal
Project Title
$ 4,856.00
$ 4,856.00
$ 15,500.00
$ 10, 644.00
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
/Org2 BUILDING SAFETY (640)
2024
Requestor: Billy Bryant
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Raze and removal of a dilapidated structure located at 2141 N. Green Acres Rd.
COUNCIL DATE: 2/6/2024
ITEM ID#: 2024-1667
Nolly Black
717712024 7.52 qln
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
10,644 10,644
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v. 202413
Account Name
1010.640.6400-5315.04
15,500
50033 2401 EX
Contract Services - Raze and Removals
1010.640.6400-5315.04
1010.001.0001-4999.99
(4,856) -
- 10,644
50033 1 EX
RE
Contract Services - Raze and Removals
Use Fund Balance - Current
I of 1
W• FAYETTEVILLE
49F ARKANSAS
PROCESS SUMMARY
(RAZE & REMOVAL/LARGE SCALE CLEAN-UP)
Property Address 2141 N Green Acres Rd
WC Parcel # 765-05815-000
Energov Case # CBLD-2023-0086
City Code: 173.08
• On 10/16/2023 Code Compliance received a Request for Service regarding the property
located at 2141 N Green Acres Rd
• A Notice of Violation was sent to the Owner of Record on 10/16/2023
• The signed Return Receipt Card was received on / /20
(or)
• The property was posted on 11 /01 /2023
• On 12/01/2023 the property was re -inspected and was found to still be in violation of City
Code 173.08
Mailing Address: CODE COMPLIANCE
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
FAYETTEVILLE
ARKANSAS
RECEIPT OF BIDS
OWNER(S): City of Fayetteville — Building Safety Division
ADDRESS: 2141 N Green Acres Rd. PROJECT No: Bid# 23-0086
PROJECT TITLE: Raze and Removal — Code Compliance Program
BID CLOSING DAY/DATE/TIME: January 2"d, 2024 at 4:00 pm
CONTRACTOR: t7 Go. ,nA-m BID AMOUN : 8,/
CONTRACTOR: DekX%" TU p(
CONTRACTOR:
CONTRACTOR:
CONTRACTOR:
Certified
Witness:
BID AMOUNT:
BID AMOUNT:
BID AMOUNT:
BID AMOUNT:
b Date:
Date:
CITY OF
FAYETTEVILLE
ARKANSAS
RAZE & REMOVAL PROJECT
BID# 23-0086
ADMINISTRATOR: Billy Bryant [email: bbryant@fayetteville-ar.gov]
PHONE # 479.575.8232 or 479.601.6361 F A X # 479.444.3445
PROJECT LOCATION: 2141 N Green Acres Rd., Fayetteville, AR 72703
WC Parcel # 765-05815-000
CONTRACTOR'S SCOPE OF WORK
• RAZE&REMOVAL
1. Completely tear down the entire dwelling.
2. Haul all contents inside the structure(s), debris from the structure(s), and
other debris from the parcel to a legal landfill. All concrete associated with the
structure(s) shall be removed from the lot (footings and slabs).
3. Mow and clean up parcel.
• CLEANUP & DISPOSAL
1. Provide proof, such as receipts, that the debris was hauled to a legal landfill.
2. The city encourages the bidder to consider all waste diversion methods for
materials collected. Any methods of disposal, excluding a legal landfill, must
be deemed acceptable by the city prior to bid submittal.
3. The yard shall be semi -level and mow -able when the demo work is
completed and before payment will be made.
4. Contractor shall be responsible for capping wells, utilities and/or any other
requirements pertaining to the demolition permit.
• MISCELLANEOUS
1. A Demolition Permit from the City of Fayetteville must be obtained before
work begins. Demolition Permits are obtained through the Building Safety
Division, 479-575-8233.
2. Proof of no less than $250,000 liability insurance shall be provided by the
contractor before work begins.
3. State Contractor License is required. A City Business License is required if
your business is located in the city limits of Fayetteville.
4. If the situation is resolved by the property owner during the 30 day notice &
comment period bids may be considered null & void.
Y�
I�2�2�1
CITY OF
FAYETTEVILLE
ARKANSAS �l
I'
BID PROPOSAL FORM
BID 23-0086
DATE ISSUED: December 17th, 2023
ADMINISTRATOR'S NAME: Billy Bryant
PROJECT ADDRESS: 2141 N Green Acres Rd., Fayetteville, AR 72703
DATE OF OPENING: Tuesday January 2"d, 2024 at 4:00pm
My total bid price for the Raze & Removal Project is:
(Bid will be valid for 12 days from Date of Opening)
Upon signing this Bid, the bidder certifies that they have viewed the property, read and
agree to the requirements set forth in this bid proposal, including specifications, terms
and standard conditions, and pertinent information regarding the articles being bid on,
and agree to furnish these articles at the prices stated.
Date:
Complete Business Address
Name of Firm: �u1 Phone # `1-1� - � a � • 2
Street address or P
# 1
City / State/ Zip Code v—
Printed Name: C
Signature: Title:
Federal Tax ID # ~L�
State Contractor # t�`11��,��7G City Business License #
11
January 3, 2024
CITY OF
FAYETTEVILLE
ARKANSAS
Mullins Property Management LLC
C/O John Mullins
2779 Shagbark Bend
Fayetteville, AR 72703
RE: Enforcement of Fayetteville Code 173.08
Arkansas Code Ann. 14-56-203
NOTICE TO PROPERTY OWNERS
Pursuant to A.C.A 14-56-203 as 173.08 of the Fayetteville Code, you are placed upon Notice
that the Fayetteville City Council will conduct a public hearing to determine if the dwelling
located at 2141 N. Green Acres Rd. (WC Parcel # 765-05815-000) should be Razed and
Removed.
You are free to appear at this hearing to present any evidence or statements. If you need
additional information concerning this process or if you have information that we are not aware
of, please call the Code Compliance Office at (479) 575-8237.
The hearing will be part of a regular City Council meeting on February 6th, 2024 beginning at
5:30pm at the City Administration Building, 113 W. Mountain St., Fayetteville, AR 72701. The
City Council Meetings are advertised in local newspapers and will contain an item concerning
this hearing. You may also call the Fayetteville City Clerk's Office (479-575-8323) for
information confirming the date of the public hearing.
Sincerely,
Billy Bryant
Senior Code Compliance Officer
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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CITY OF
FAYETTEVILLE
ARKANSAS
Code Compliance Program
Unsafe Building Determination
UDC 173.08 (A)
Address / Location: 2141 N Green Acres Rd
WC Parcel # 765-05815-000
UDC 173.08 (A)
I recommend the raze and removal of the structure.
a1 recommend securing the structure.
aI have determined that the structure above is NOT in violation of Subsection 173.08 (A)
of the City of Fayetteville's Unified Development Code
I recommend presenting the structure to City Council as a Property Nuisance for
Raze & Removal
City Building Official Date
Observations:
Case # CBLD-2023-0086
Building Safety Division Director
CCFORM 602 REV (8.20)
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The data contained herein was compiled from various sources for the sole
2141
use and benefit of the City of Fayetteville Geographic Information System
and the public agencies it serves. Any use of the data by anyone other than
the City of Fayetteville is at the sole risk of the user; and by acceptance of
this data, the user does hereby agree to indemnify the City of Fayetteville
and hold the City Fayetteville harmless from and without liability for any
N .
Green Acres
Rd .
claims, actions, cost for damages of any nature, including the ciry's cost of
defense, asserted by user or by another arising from the use of this data.
The City of Fayetteville makes no express or implied warrantees with
Fayetteville, AR
reference to the data. No word, phrase, or clause found herein shall be
construed to waive that tort immunity set forth under Arkansas law.
Created: 1/8/2024
Credits: City of Fayetteville, AR, 2023 Imagery I EagleView Technologies
Surdex Corporation
Map Author:
CITY OF FAYETTEVILLE
125 West Mountain Street
Fayetteville, AR 72701
CITY OF
FAYETTEVILLE
ARKANSAS
Owner: Mullins Property Management LLC
Mailing Address
Mullins Property Management LLC
PO Box 10502
FAYETTEVILLE, AR 72703
Notice of Violation for the following location:
Address Parcel
2141 N GREEN ACRES RD 765-05815-000
Fayetteville, AR 72703
Case Number: CBLD-2023-UU86
Case Type: Building
Date Case Established: 10/16/2023
Dear Property Owner:
It appears that your property contains a violation of the Fayetteville Unified Development Ordinance. It is our goal to notify and
assist property owners to correct violations of city ordinances before taking actual enforcement actions. If you need clarification
of this notice or advice on how to correct the problem, please contact us.
Violation That Needs Correction: 173.08 - Unsafe Buildings - (Raze & Removal) - Unsafe Buildings - (Raze & Removal)
No person, partnership, corporation, or association, hereinafter referred to as "owner", shall keep or maintain any house or
building within the corporate limits of the City which has become dilapidated, unsafe, unsanitary, or detrimental to the public
welfare.
Possible Penalties:
If this violation is not corrected within thirty (30) days from the service of this notice, a Public Hearing will be held for the
approval of a raze & removal determination by the City Council. The costs shall be charged to the owner(s) of the property and
the city shall have a lien against such property for the costs. If you disagree with our conclusion that your property contains a
violation of our ordinances, you have the right to an appeal. Please see Chapter 155 of the Unified Development Code.
How This Violation Can Be Voluntarily Corrected: By making repairs as needed or razing the structure and remove all debris
from the lot. A building permit may be required, based on review of the Building Safety Director.
Sincerely,
Billy Bryant
Senior Code Compliance Officer
479-601-6361
BBryant@Fayetteville-ar.gov
Printed: 1/5/24 Page 1 of 1
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Lot Numbered Two (2), except 193.3 feet off of the West end,
Green Acres, a Subdivision of a part of the Northwest quarter
of the Southwest quarter of Section Three (3) and a part of
the Northeast quarter of the Southeast quarter of Section Four
(4) in Township Sixteen (16) North of Range .Thirty (30) West
of the 5th Principal Meridian in Washington County, State of
Arkansas.
1/5/24, 2:56 PM
Pa rce I: 765-05815-000
Previous Parcel: 139435-000-00
As of: 1 /4/2024 9:59:38 PM
Real Property Print Friendly
I D: 40308
Washington County Report
Property Owner
Name: MULLINS PROPERTY MANAGEMENT LLC
Mailing Address: PO BOX 10502
FAYETTEVILLE, AR 72703
Type: (RI) Res. Improv.
Tax District: (011) FAYETTEVILLE SCH, FAY
Millage Rate: 57.00
Market and Assessed Values
Estimated Full Assessed Taxable
Market Value (20% Market Value) Value
Land 144,000 28,800 28,800
Building 0 0 0
Totals 144,000 28,800 28,800
Land
Property Information
Physical Address:
2141 N GREEN ACRES RD
Subdivision:
GREEN ACRES ADD
Block/Lot:
N/A / N/A
S-T-R:
03-16-30
Size (Acres):
0.00
Legal:
EAST PT LOT 2
Taxes
Estimated 1,669
Taxes:
Note: Tax amounts are estimates
Homestead 0 only. Contact the county/parish tax
Credit:
collector for exact amounts.
Land Use Size Units
.894AC 1.000 House Lot
Total 1.00
Deed Transfers
Document Images brought to you by your County Circuit Clerk, Kyle Sylvester
View
Deed Date
File Date
Book
Page
Deed Type
Stamps
Est. Sale
Grantee
Code
Type
Image
N/A 8/31/2022
9/1/2022
2022
29327
Warr. Deed
528.00
$160,000
MULLINS PROPERTY MANAGEMENT LLC
Unval.
Land Only
6/10/2016
N/A
2016
16499
Beneficiar
N/A
N/A
AUSTIN, ROSE MARY
N/A
Improved
8/8/1989
N/A
1329
861
Quit Claim
0.00
$0
AUSTIN, ROSE MARY
N/A
N/A
8/17/1987
N/A
1237
699
Quit Claim
0.00
$0
AUSTIN, ROSE MARY; AUSTIN, MAYDEA
N/A
Land Only
10/21/1977
N/A
943
385
Warr. Deed
1.10
$1,000
AUSTIN, WALDO G & MAYDEA E
Unval.
Improved
Details for Residential Card 1
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Real Property Print Friendly
Occupancy Story Construction
Total Liv Grade Age Year Built Condition Beds
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
Exterior Wall:
N/A
Plumbing:
Full: N/A Half: N/A
Foundation:
N/A
Fireplace:
Type: N/A Qty: N/A
Floor Struct:
N/A
Heat/Cool:
N/A
Floor Cover:
N/A
Basement:
N/A
Insulation:
N/A
Basement Area:
N/A
Roof Cover:
N/A
Year Remodeled:
N/A
Roof type:
N/A
Style:
N/A
DataScout, LLC
Base Structure
Item Label Description
A MN Main Living Area
B OP2 Porch, half open
Outbuildings and Yard Improvements
Item
Type
Size / Dim
General Purpose Barn
N/A
14 x 12
Fence, chain link 4'
N/A
150
Outbuilding,frame
N/A
18 x 9
Asphalt Driveway
N/A
N/A
Outbuilding,frame
N/A
8 x 10
Outbuilding,frame
N/A
8 x 17
Pole Shed
N/A
10 x 46
Area
1152
25
Unit Multi•
Quality
Age
1
N/A
N/A
1
N/A
N/A
1
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
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Reappraisal Value History
Real Property Print Friendly
Tax Year
2023
2022
2021
2020
2019
2018
2017
2016
2015
Total Value
144,000.00
130,000.00
130,000.00
173,050.00
78,600.00
78,600.00
78,600.00
78,600.00
78,600.00
Total Assessed
28,800.00
13,792.00
12,538.00
12,538.00
12,538.00
12,538.00
12,538.00
12,538.00
12,538.00
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Photo of a neglected accessory building.