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Home My WebLink AboutOrdinance 4679 ORDINANCE NO. 4 6 7 9 AN ORDINANCE CLARIFYING RESPONSIBILITY FOR ENFORCEMENT OF § 173.08(B), UNIFIED DEVELOPMENT CODE: UNSAFE BUILDINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 173.08(B), Unified Development Code, City of Fayetteville Code of Ordinances is hereby repealed, and the following is inserted in its stead: (B) Abatement procedure. Resolution. The rules and procedures of the Code Compliance Division for cleanup, raze and removal of property shall be followed. If the results of such efforts are unsatisfactory, the Code Compliance Division Director may forward the matter to the City Council for consideration. The City Council may by resolution make the following determinations and issue the following order: (1) Determination of condition. The City Council may by resolution determine that a building or house has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. (2) Order of raze and removal. If it is determined that a building or house has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare, the City Council may order the house or structure razed and removed. PASSED and APPROVED this 15th day of February 2005. @mv * s' APPROVED: `chi •.•G\TYepo;• G1o0 ; FAYETTEVILLE ; By. -�Z •' DAN COODY Mayor , '.y�yyR�ANSPJ�' C �� ATTEST: By: 1641�� SO DRA SMITH, City Clerk � l2D 15 Tayve evl le ARKANSAS The City of Fayetteville, Arkansas BUILDING SAFETY DIVISION DEPARTMENTAL CORRESPONDENCE TO: Kit Williams, City Attorney FROM: Steve Cattaneo, Building Safety Director tom' DATE: January 20, 2005 RE: Ordinance change This change merely clarifies what has been in practice since enforcement was transferred to the Code Compliance Division. I have spoken with Yolanda and she agrees that this section need to be up-dated. 173.08 Unsafe Buildings (A) No person or persons, 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. (B) Abatement procedure. Resolution. The rules and procedures of the Code Compliance Division for cleanup, raze and removal of property shall be followed. If the results of such efforts are unsatisfactory, the Building Safely Code Compliance Division Director may forward the matter to the City Council for consideration. The City Council may by resolution make the following determinations and issue the following order. (1) Detemlinahan of condition. The City Council may by resolution determine that a building or house has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. (2) Order of raze and removal. If it is determined that a building or house ties become dilapidated, unsafe, unsanitary, or detrimental to the public welfare, the City Council may order the house or structure razed and removed. (Code 1991 , §151 .51 , 151.52(A)(1)(2); Ord. No. 3948, 02-20-96; Ord. No. 4100, §2 (Ex. A), 616-98) state law reference(s)—Removal or razing of buildings, A.C.A. §14-56-203. ORDINANCE NO, AN ORDINANCE CLARIFYING RESPONSIBILITY FOR ENFORCEMENT OF § 173.08(B), UNIFIED DEVELOPMENT CODE: UNSAFE BUILDINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 173.08(B), Unified Development Code, City of Fayetteville Code of Ordinances is hereby repealed, and the following is inserted in its stead: (B) Abatement procedure. Resolution. The rules and procedures of the Code Compliance Division for cleanup, raze and removal of property shall be followed. If the results of such efforts are unsatisfactory, the Code Compliance Division Director may forward the matter to the City Council for consideration. The City Council may by resolution make the following determinations and issue the following order: (1) Determination of condition. The City Council may by resolution determine that a building or house has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. (2) Order of raze and removal. If it is determined that a building or ho' s become dilapidated, unsafe, unsanitary, or detrimentarre e public welfare, the City Council may order the house ;or tr d and removed. 11 PASSED and APPROVED this 151T' ' y of Februa .. '20,61- , i 9P ED: -r IY y DAN COODY, Mayor AT'IIEST: By: SMITH, City Clerk • City of Fayetteville • Staff Review Form City Council Agenda Items Feb. 15, 2005 City Council Meeting Date Steve Cattaneo 5t-e� Building Safety Operations Submitted By Division Department Action Required: Edit Ordinance 173.08 "Unsafe Buildings" to reflect that the responsibility for raze and removal has been transferred to the Code Enforcement Division. Please see attached memo. Cost of this request Category/Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # DepartmenttDirector Date Original Contract Date: Original Contract Number: City Attorney �S Received in City Clerk's Office / 3 J, Fin6nce, and Internal Service Director Date Received in Mayor's Office � . 2XIO <e--� 1 f/28�as off. Mayor Date Comments: Code Enforc t took on this responsibility when the Division was created a couple of years ago. This Ordinance change merely clarifies what has been in practice. The Code Enforcement Director supports this action. A rkans em®c IF (Gazette ARKANSASi NORTHWEST . . I'mor uvest ArkA"as' Most I up# Read NeawrPa per" AFFIDAVIT OF PUBLICATION I , 4, t�( , do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-O azettefNorthwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: V4i Zo 1) 0,P4 Inqq was inserted in the regular editions on —S Po#' ** Publication Charge : $ vl to I Subscribed and swom to before me this T day of MPA0.0 2005. ` ORDINANCE NO. 4679 Notary. Public AN ORDINANCE CLARIFYING RESPONSIBILN FOR ENFORCEMENT OF § 1)3.0518), UNIRED DEVELOP- Sharlene D. Williams MEM CODE: UNSAFE BUILDINGS TayeVevl r My Commission Expgft:PUblic eN rr ORDAINED Ey WE MY COUNCIL or 2RF' THE CITY OP PAYETTtVILLE, ARKANSAS: A'ANSAS State of a My Commission Expires Section 1; That § 173.08(B) Uafad Darebpnent Coda, Oty of Fayetteville Cala of OrtltrsrMes is hers. he o0 by repeated. and the folDv*V b irsertad b Its stood: ** Please do not pay �rb& it��vlt.t4 re'"°° ° "°�"a Of An invoice will be sent. � eh� d.°n�° Godsefforts`"��"' �' �a ° ewai Ory, Catpiarce Ohklon • OYada Rey forvrmd the =Oft the City Card lar carslderetlon The Day Card may by reealu- Ilan meke.Ue 1db'^'49 detardnanae end Issue ere folowirg order (1) DNemkmild of ccvrlifbn. The qty Caved may by resolution datermheihet a bIA$rg or house rw . lbWne dilapidated, msafe, ursarltary, or det hwrtal to the Putft welfare. Ober olraxe end rarevel. If d Is detarrNred Nat a Wh*V or hose has baoaria di'apl°ated, unsafe, RECEIVEDrounseNfery� err detrimentalVe to public warfare. the City Card may order ne house or structure vexed r r reraT:ed. MQR O PASSED .a6 APPROVED the 15th day of February, 2005. 9 2001 APPROVED: BY: CITY OF FAYEnEVILLE om Coaax M.7e. CITYCLERK'SOFFICE ATTEST. SONDRA 6N1rN, Chy CWAr P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX)