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Home My WebLink AboutOrdinance 4806 ORDINANCE NO, 4806 AN ORDINANCE AMENDING CHAPTER 159: FEES, UNIFIED DEVELOPMENT CODE, CODE OF FAYETTEVILLE LIMITING CERTAIN BUILDING FEE EXEMPTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 159.01 (B) (11) (a) (iii) a. 3., City of Fayetteville Code of Ordinances is hereby repealed. Section 2. That § 159.01 (B) (11) (a) (iii) a. 2., City of Fayetteville Code of Ordinances is hereby repealed, and the following is inserted in its stead: 2. The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than 50 years old. This exemption shall apply only to owner-occupied, single- family dwellings where there is to be no change of use or occupancy. PASSED and APPROVED this 2011, day of December, 2005. R" APPROVED: ye ; FAYETTEVILLE ; __ BY �: Z DAN COODY, May • h : %9s'9RkANSP�J�.� ATTEST: 'y;;�GTON Go •� 'uuuw�u By: ND A1 I STH, City Clerk ArkansaoDemocrat V101azette EDITIONNORTHWEST ARKANSAS "Norduwest ArkaAmsl most Wider Read He4inpapev" AFFIDAVIT OF PUBLICATION I , Erin Emis , do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published .in Lowell, .Ar-kansas, andel that .fro.m my own personal .knowledge and reference to the files of said publication , that advertisement of: Z�< < dL�4& was inserted in the regular editions on PO# Publication Charge : $ i �5 Subscribed and sworn to bef a me this / _ day of 2005. jloju arle e D. Williams Notary Public tary Public State of Arkansas My Commission Expire�Ycommission Aires ORDOIANCD NO. 4606 - - - --- Please do not pay from Affidavit. AN ORDINANCE AMENDING CW1PTER 156: FEES• A UNIFIED UMMING C DEVELOPMENT CODE, CODE E FAVET- An invoice will be sent. TEAS UMMING DINOFEEFJEMP- Q V 1 TIONS. BE R ORDAINED BY THE CRY COENCUL OF ARKANSAS THE CITY OF PAYHTTEYRLB, ARRANSASr Section 1. That S 159.01 (B) (11) (a) (S) a. 3., City of FayebeNle Cotls of Ordnerces is hereby repealed: I Section 2. That S 159.01 (S) If 1) (a) n a. 2., Ctty of Fayona ile Coda W Ordinances b hereby repeoleo, and the Id$aMng Is Inserted In Its steed: 2. The Mayor may exempt al M part of ft apWal%e pWrA fees M OWkUW fret can be RECEIVED goven to be mae than 50 years old. This exemption anal appy oNy to wmaza Oed, eNIafarrey dwe0rgs Where there is to ba no avVe of " a occi panty. PASSED std APPROVED "a 20th day of December. 2005. JAN 0 3 2005 APPROVED: CITY OF FAYETTEVILLE DAN COODY, Runor ATTEST: CIN CLERK'S OFFICE By: SONDRA =rTH, CRY Clark P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571 -6470 D2U /PL/Lys�5 City of Fayetteville �' t Staff Review Form r City Council Agenda Items AZZ5 or Contracts 12/20/2005 City Council Meeting Date Steve Cattaneo S t6l Building Safety Operations Submitted By Division Department Action Required: Modify the following for the City code of Ordinances: 159.01 Fees/Schedule (B) Fee schedule. (11 ) Building Permits. (a) General Fees. (iii) Exemptions from permit fees. 2. The Mayor may exem all or part of the applicable permit fees for building that can be proven to be more than 50 years olthat are judged by ti BU-II-I.- -U a Felooation, OF FROViAgof buildings within the fire .This exemption shall apply only to owner occupied single family dwellings that does n create a change of use or occupancy. 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 # Departme t Director Date Original Contract Date: Original Contract Number: ll 2 � v5 City Attorne Date Received in City Clerk's Office _a Fi ance 'and Internal Service Director Date / Received in Mayor's Office Mayr Date Comments: Staff desires to limit the e f this exemption to owner occupied single family homes that are not being used or changed into commercial properties. The intent of this exemption ws to encourage citizens to remodel or renovate older homes by removing the permit fee burden. Citizens may request that fees be waived for hardship under other provisions of the City Code. City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 12/20/2005 City Council Meeting Date Steve Cattaneo i✓ Building Safety Operations Submitted By Division Department Action Required: Delete the following for the City code of Ordinances: 159.01 Fees/Schedule (B) Fee schedule. ( 11 ) Building Permits. (a) General Fees. (iii) Exemptions from permit fees. A . Demelifien Fees. Single faMily FesidenGe6 she!' be exempt firem defflelit'OR f6eG 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 # Departme t Director Date Original Contract Date: Original Contract Number: City Attorney Date Received in City Clerk's Office Finance and Internal Service Directo Date Received in Mayor's Office Mayor ate Comments: Staff desires to track the number and square footage Single Family demolitions and verify that they have met the ADEQ asbestos abatement requirements when applcable. Citizens can still request that fees be waived for hardship or if the structure is over 50 years old under other provisions of the City Code. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 159: FEES, UNIFIED DEVELOPMENT CODE, CODE OF FAYETTEVILLE LIMITING CERTAIN BUILDING FEE EXEMPTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That §159.01 (B) (11) (a) (iii) a. 3., City of Fayetteville Code of Ordinances is hereby repealed. Section 2. That §159.01 (B) (11) (a) (iii) a. 2., City of Fayetteville Code of Ordinances is hereby repealed, and the following is inserted in its stead: 2. The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than 50 years old. This exemption shall apply only to owner-occupied, single- family dwellings where there is to be no change of use or occupancy. PASSED and APPROVED this 20th day of December, 2005. APPROVED: I / / By: AN COODzMa r ATTEST: By: -. aF N,DRA`sSMITII, City rk11 Tavyer[e;lffle ARKANSAS The City of Fayetteville, Arkansas BUILDING SAFETY DIVISION CITY COUNCIL AGENDA MEMO TO: Mayor and City Council THRU: Gary Dumas, Operations Director FROM: Steve Cattaneo, Building Safety Director DATE: September 19, 2005 RE: Demolition of Single Family Residences RECOMMENDATION For City Council to approve an Ordinance removing 159.01 Fees/Schedule (B) Fee schedule. ( 11 ) Building permits. (a) General fees. (iii) Exemptions from permit fees. 3 . Demolition fees. Single faraily r-esidenees sliall be exempt from demolition fees. BACKGROUND Building Safety desires to • Track the number and the square footage of Single Family Dwelling units that are demolished. • Protect the citizens from exposure to possible harmful products and to verify that the applicant has met the ADEQ asbestos abatement requirements when applicable. • Assure that City utilities have been properly disconnected and sealed. DISCUSSION Staff has researched the history of this exemption and cannot find any record of a Single Family Dwelling (SFD) demolition permit ever being issued. Apparently, this exemption is a carry over from many years ago. The intent was probably to encourage citizens to remove buildings that were beyond repair but recently, as in-fill development takes place, SFDs are being demolished for commercial purposes. The Arkansas Department of Environmental Quality (ADEQ) requirements for demolition of most SFDs are the same as for commercial buildings in that an asbestos survey must be preformed and a "Notice of Intent" filed with their office. The "Notice of Intent" details the inspection, findings and abatement (if necessary) of hazardous materials. The only SFD demolition that is exempt from ADEQ rules is for the homeowner who is removing or replacing a structure for his own personal use. Building Safety wants to do all it can to assure the public is being protected from asbestos exposure during demolitions. A copy of the "Notice of Intent" is presently required before a demolition permit is issued. Citizens may request that fees be waived for hardship cases [159.01 (A) (1 )]. BUDGETIMPACT Annual revenues will be minimal ($500 to $1000). We do not have an accurate count for comparison but expect between 10 and 20 permits per year. The cost for a demolition permit is $50. This item was reviewed by the Ordinance Committee during October via e-mail and was recommended to be presented to the Council. O 7'*Otayve eii ARKANSAS The City of Fayetteville, Arkansas BUILDING SAFETY DIVISION CITY COUNCIL AGENDA MEMO TO: Mayor and City Council THRU: Gary Dumas, Operations Director FROM: Steve Cattaneo, Building Safety Director DATE: October 19, 2005 RE: Permit fee exemption for buildings over 50 years old RECOMMENDATION For City Council to approve an Ordinance modifying the following paragraph: 159.01 Fees/Schedule (B) Fee schedule. (11 ) Building permits. (a) General fees. (iii) Exemptions from permit fees. 2. The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than 50 years old that afe judged by the Building Offieiffid to h- (a. safe This exemption shall apply only to owner occupied single family dwellings that does not create a change of use or occupancy. BACKGROUND Building Safety desires to limit the use of this exemption to owner occupied single family homes that are not being used for commercial purposes or changed to be used for commercial purposes. DISCUSSION The intent of this exemption was to encourage citizens to remodel or renovate older homes by removing the permit fee burden. In practice, we have experienced this exception being used by entrepreneurs who purchase older buildings and convert them • • into either commercial or rental properties. While we do not discourage this action, we do not believe the cost of the permit is an impediment to these projects. More commonly, these projects require additional services by our division to see the project to completion. Citizens may always request that fees be waived for hardship cases [159.01 (A) (1 )]. BUDGETIMPACT Annual revenues will vary depending on number and the scope of work. For comparison, during 2004 we waived $6483 of permit fees that would have been collected under this proposed change. This item was reviewed by the Ordinance Committee during October via e-mail and was recommended to be presented to the Council. Clarice Pearman - Ord. 4806 Page 1 From: Clarice Pearman To: Cattaneo, Steve Subject: Ord. 4806 Steve, Attached is a copy of the ordinance passed by City Council, December 20, 2005 amending Chapter 159. CC: Bell, Peggy; Deaton, Vicki