HomeMy WebLinkAbout186-03 RESOLUTION•
RESOLUTION NO.186-03
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY
JONATHAN M. AND JENNIFER L. RICH LOCATED AT 1905 S.
BROWER AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS.
WHEREAS, Jonathan M. and Jennifer L. Rich are the record owners of the real
property situated at 1905 S. Brower Avenue, City of Fayetteville, Washington County,
Arkansas, more particularly described as follows
Lot 1 & N 12 FT of E 30 FT Lot 2, Block 3, Meadowvale Subdivision;
and,
WHEREAS, the City Council has determined that the structure located on said
property is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and,
WHEREAS, Jonathan M. and Jennifer L. Rich, having been properly served
with a Violation Notice via Certified Mail, and given thirty (30) days to correct said
violation, have refused to repair, or raze and remove said dilapidated, unsightly, and
unsafe structure.
NOW, THEREFORE, BE IT RESOLVED BY THE CFIY 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 Ordinance No. 3948 of 1996, Jonathan M. and Jennifer
L. Rich are hereby ordered to raze and remove forthwith, the dilapidated, unsightly, and
unsafe structure located on the aforementioned real property. The manner of removing
said structure shall be: dismantle by hand or bulldozer, and haul all debris to a landfill.
Section 2. That if, Jonathan M. and Jennifer L. Rich do not comply with this
order, the Mayor is hereby directed 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.
PASSED and APPROVED this 2^(1 day of December, 2003.
APPROVE
By
tatvtAL
`a.
i n SON RA SMITH, City Clerk
DAN COODY, ayor
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 186-03
Document
NOTES:
1
10.31.03
memo to mayor & city council
draft
resolution
copy of
photographs of 1905 S. Brower
copy of
photographs of
1905 S.
Brower
copy of photographs of 1905 S. Brower
copy of aerial photo of Brower Avenue & Sligo
Street
copy of
letter to Rich
copy of certified mail receipt
copy of
letter to Rich
copy of certified mail receipt
copy of memo from fire marshal
copy of real estate parcel information
staff review form
copy of
Redemption Deed No. 148826
copy of photographs of 1905 S. Brower
copy of photographs of 1905 S. Brower
copy of photographs of 1905 S. Brower
copy of photographs of 1905 S. Brower
2
12.8.03
memo to Chad Ball
NOTES:
• •
CITY COUNCIL AGENDA MEMO
To: Mayor and'City Council
Thru: Tim Conklin, Community Planning and Eng. Services Director
From: Yolanda Fields, CRCC Director
Date: October 31, 2003
Subject: Raze & Removal of property on 1905 S. Brower Ave.
722-5 .
/L/Z /0.3
/SG
,42-/ - ,m
/1055, grottier
,4vanat-
RECOMMENDATION
Staff recommends a resolution to order the raze and removal of the structure.
BACKGROUND
Service Request #6536, Case #1479: Code Compliance received a complaint about the
unsafe building on the property owned by Jonathan and Jennifer Rich. The property is
located on 1905 S. Brower Ave. An Unsafe Buildings violation notice was sent to the
owners on May 20, 2003. Earl Christensen signed for the notice on May 21, 2003. By
ordinance, the owners were given until June 23, 2003 to acquire a permit and make
repairs or to demolish and remove the building.
DISCUSSION
There is not a current building permit on this building. The Fire Marshall assessed the
property on September 29, 2003 and determined the structure was deteriorating and
should be secured until a decision is made regarding this property. The structure is on the
southwest comer of S. Brower Ave. and Sligo. Washington County records show the
address of the property as.1905 Sligo.
BUDGET IMPACT
Contracting the raze and removal of the property would cost approximately $3000.00.
The cost would be billed to the property owners. If payment is not received, the City of
Fayetteville could put a lien on the property for the amount of the raze and removal.
1
• •
RESOLUTION NO.
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY
JONATHAN M. AND JENNIFER L. RICH LOCATED AT 1905 S.
BROWER AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS.
WHEREAS, Jonathan M. and Jennifer L. Rich are the record owners of the real
property situated at 1905 S. Brower Avenue, City of Fayetteville, Washington County,
Arkansas, more particularly described as follows
Lot 1 & N 12 FT of E 30 FT Lot 2, Block 3, Meadowvale Subdivision;
and,
WHEREAS, the City Council has determined that the structure located on said
property is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and,
WHEREAS, Jonathan M. and Jennifer L. Rich, having been properly served
with a Violation Notice via Certified Mail, and given thirty (30) days to correct said
violation, have refused 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 Ordinance No. 3948 of 1996, Jonathan M. and Jennifer
L. Rich are hereby ordered to raze and remove forthwith, the dilapidated, unsightly, and
unsafe structure located on the aforementioned real property. The manner of removing
said structure shall be: dismantle by hand or bulldozer, and haul all debris to a landfill.
Section 2. That if, Jonathan M. and Jennifer L. Rich do not comply with this)
order, the Mayor is hereby directed to cause the dilapidated, unsightly, and u�u��wsgfej
structure to be razed and removed; and a lien against the real property shajbe g2anted
and given the City, pursuant to A.C.A. §14-54-904, for the costs associatee1I thereWit
'i 13
PASSED and APPROVED this 2nd day of December, 2003.
ATTEST:
Bye i cs
DAN COODY, Mayor 61.'
FAYFTTFVItLF
INE CITY OF EAYETIEVILIE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Chad Ball
Community Resources & Code Enforcement
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: December 8, 2003
Re: Res. 186-03
It is my understanding that you received from Tracy Menifee a copy of the above referenced
resolution, passed by City Council, December 2, 2003 which orders the raze and removal of
property located at 1905 S. Brower Avenue, owned by Johnathan and Jennifer Rich. This memo
just confirms the receipt of said resolution. The original resolution will be recorded in the city
clerk's office and microfilmed.
If anything else is needed please let the city clerk's office know.
/cbp
•
Nancy Smith, Internal Auditor
rri •
r•jY••; .1'�.' �:a�i�T'; : coir'••_.?' �!
1905 S. Brower 6-24-03 ph
front yard after contract
111.:
at
ts•iitte,, .454
•'6`•.: of
1905 S. Brower 7-8-03 ph
rear of house, door open
^ib•_L c;
•
1905 S. Brower 9-22-03 ph
from rear room into kitchen
1
61
• •
Hitr
• ^;ra
�r•• .•
•
1905 S. Brower 9-22-03 ph
inside front room
•
1905 S. Brower 9-22-03 ph
broken rear window
astagalasialtik
HELPING 717 BUILD A BETTER COMMUNITY
VIOLATION NOTICE
ICI.
May 20, 2003
CASE NO. 01479
Owner: Jonathan M. & Jennifer L. Rich
722 S. 18th Street
Fort Smith, AR 72901
•
City of Fayetteville, Arkansas
Code Compliance
113 West Mountain Street
Fayetteville, Arkansas 72701
Fax 479- 444.3445
Property @ 1905 Brower, Fayetteville, AR
WC Parcel# 765-08392-000 (County records describe location as 1905 Sligo)
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. Please feel free to call our office at (479)
575-8240 for clarification of this notice or advice on how to correct the problem
Suspected Violation That Needs Correction:
' 173.08 Unsafe Buildings No 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
How This Violation Can Be Voluntarily Corrected:
Please obtain a building permit and make repairs as required or demolish the building and remove
all debris from the lot.
Potential Penalties if not corrected within thirty (30) days from the service of this Notice
include: Condemnation.
Appeal: If you disagree with our conclusion that your property contains a violation of the
ordinance listed above, you have a right to file an appeal with the City Council.
Chris Parsons'
Code Compliance Officer
177.08 Unsafe Badding
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired
• Pnnt your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailplece,
or on the front If space permits.
1. Article Addressed to:
r
TD0y ,3N rl, i 1e4Ar cJ L,
R„G
72.2_ S. tn. Siree--f
(4. Swr , ie le, 7fl0f
COMPLETE THIS SECTION ON DELIVERY
A. Signature
Adr)-- — •
Agent
Addressee
1
Date
of
:
livery
D. Is delivery address afferent from nem 1?
If VES. enter do:ivery address below:
Ye
O No
3. Service Type
121.egf ified Marl
O Registered
O Snored Mail
O Express Mal
O Return Receipt for Merctiandfse
O C.O.D.
4. Restricted Delivery? (Extra Fee)
O ves
2. Mile Number
(Transfer from service label) 7001 1940 0001 4906 3298
PS Form 3811, August 2001
0001 4906
0
7
O'
rt
a
0
0
N
Domestic Return Receipt
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provider')
O F F I C I A L U C
Postage
Certified Fee
Return Receipt Fee
(Endoneren %guyed)
Restricted DetMety Fee
(Endorsement R.Weedl
$
Total Postage & Fees
Postmark
Here
Spnt To
)a•-,
Street, Apt. No.;
or PO Box Ho. 722 s, , r- S7 r<�`
City. State, ZIP. 4 y 47: / 1-7 I
a
PS Form 3600, January 2001
See Reverse for Instructions
102595-02.M. 1540
FAYETTEVILLE
September 22, 2003
Jonathan M. & Jennifer L. Rich
722 S. 18ih Street
Fort Smith, AR 72901
City of Fayetteville •
Code Compliance Division
113 West Mountain Street
Fayetteville, AR 72701
Helnine to build a bctter Community
RE• Enforcement of Ordinance173.08
Arkansas Code Ann. § 14-56-203
NOTICE TO PROPERTY OWNERS
•
Pursuant to A.C.A. § 14-56-203 at 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 1905 Brower (Parcel #765-08392-000), 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) 444-3430.
The hearing will be part of a regular City Council meeting — probably on October 21, 2003
beginning at 6:00 p.m. at the City Administration Building, 113 W. Mountain St, Fayetteville,
AR 72701. It is possible that this hearing may be conducted at a later meeting such as
November 4, 2003 or thereafter. 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 (575-8323) for information confirming the date of the public
hearing.
Sin rely
Ball
Code Compliance Administrator
SENDER: COMPLETE THIS SECTION
•
• Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery Is desired
• Print your name and address on the reverse
so that we can return the card to you
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Node Addressed to:
)01ttq'f11oAi a au
4r
-/c s SkeL+
¶ r� Sri.;4bn, 4- —72901
COMPLETE THIS SECTION ON DELIVERY
A. Signature
X i
0
❑ Agent
❑ dresses
of Delivery
D. Is deWery address tleerent from item 1 0 Yes
If VES, enter delivery address below: 0 No
3. Service Type
O Certified Mail
O Registered
O Insured Mail
❑ Express Man
O Return Receipt for Merchandise
O C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number
(Transfer from service label)
7001 1940 0001 4906 0969
:PS Foci 3811,iAugtist 2001
d'
r
0
0001 4906
7001 1940
t .1 1 Domestic Return Receipt i.7Z N -p
U.S. Postal Service
CERTIFIED MAIL RECEIPT !' - •
(Domestic Mail Only; No Insurance Coverage Provided)
O F F 1 G 1 A L U S E
Postage
Crated FM
Return Receipt Fee
(Endorsement Re0v5ed)
Restricted Delver/ Fee
(Endarasrent Reglad)
Total Postage & fees
Postmark
Hen
Sent
Pcs&
Stmt, Apt No.;
or P0 Box No. �2 S /
Cny, SLB, ZIP. 4
ori
S`
7
de
D
PS Form 3800, January 2001
Seo Reverse for Instructions
10259S01.M.2509
F ',Y ETTE VI14E
:rlipFIRE a
o DEPT.
11 un hill'! ntgiii
F D
ARK
To:
Date:
Ref:
From:
FAYtTTEVILLE •
THE CITY OF FAYETTEVILLE. ARKANSAS
Code Enforcement Division
9-30-03
Property Assessment
1905 Brower
Dennis Ledbetter
Fire Marshal
On 9-30-03 I was assigned to assess the property at 1905 Brower Street. This was a
wood frame single family dwelling. The exterior was covered with rock and the roof
was covered with composition shingles. There was a considerable amount of trash and
debris inside house. The ceiling sand walls were deteriorated and some of them were
coming down. There is still an electric meter and gas meter to the house.
The owner of this property should consider the cost of repairs verses the cost of the
removal. The electric meter and gas meter should be removed until an inspection of the
electrical system and plumbing can be conducted by a licensed electrician and plumber.
The structure should be secured until a decision is made regarding this property. Permits
should be obtained before any work is conducted on the property.
303 W. CENTER ST. FAYETTEVILLE, AR. 72701
501-575-8365
FAX 501-575-0471
Real Estate Parcel Informatio.
Record 1 of 1 Last Updated 11/03/03
•
Parcel Number: 765-08392-000 Prev. Parcel Number: 141894-000-00 Type: RI
Location: 1905 BNe915✓Ow P f
Owner Name: RICH, JONATHAN M. & JENNIFER L.
Mailing Address: 722 S 18TH ST FT SMITH AR 72901
Lot: Block:
Addition: MEADOWVALE S/D
School District: FAYETTEVILLE SCH, FAY
City: FAYETTEVILLE
Legal: LOT 1&N 12 FT OF E 30 FT LOT 2 BLOCK 3
Current Year A79 Credit Status:
Last Appraised: 2001
Land
Improvement
Total
Appraised Value
10,000
23,650
33,650
S -T -R: 20-16-30
Tax District: 011
Taxable Value
2,000
4,730
6,730
Year Taxable
Value
2002 6,730
2001 6,226
2000 5,660
1999 5,660
1998 5,660
1997 5,660
1996 5,660
1995 5,660
Ad Imp.
Valorem Dist.
Tax Tax
$349.69 $0.00
$323.50 $0.00
$297.15 $0.00
$289.79 $0.00
$290.36 $0.00
$290.36 $0.00
$290.36 $0.00
$0.00 $0.00
Timber
Tax
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Tax History
Voluntary Total
Tax Tax
Total A79 A79 Payment
Tax Credit Status Status
Paid
$0.00 $349.69 $349.69
$0.00 $323.50 $323.50
$0.00 $297.15 $297.15
$0.00 $289.79 $289.79
$0.00 $290.36 $290.36
$0.00 $290.36 $290.36
$0.00 $344.40 $344.40
$0.00 $0.00 $0.00
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
Year Receipt Payment
Date
2002
2001
2000
1999
1998
1997
123958
66802
16288
7341
19750
19749
Available Tax Payment Receipt(s)
10/16/2003
9/25/2002
10/17/2001
10/17/2000
9/28/2000
9/28/2000
Ad
Valorem
Tax
$349.69
$323.50
$297.15
$289.79
$290.36
$290.36
Imp.
Dist.
Tax
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Timber Voluntary
Tax Tax
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Penalty
Tax
Payment
$0.00 $349.69
$0.00 $323.50
$0.00 $297.15
$0.00 $289.79
$0.00 $290.36
$0.00 $290.36
Date Book Page
Deed History
Granteel Grantee2
RICH,
9/20/2000 2000 80398 JONATHAN M. &
JENNIFER L.
LRR 2000-80398 RED DEED #148826
Deed Sale Revenue
Type Amount Amount
RD 0 0.00
7/15/1993 93 39470 RICH, WD 25,000 55.00
JONATHAN M. & % CAROLYN
Page 1 of 2
http://www.co. washington.ar.us/PropertySearch/R Parcel I nfo.asp?BS=N&H N=1 & LU= 110... 11/4/2003
Real Estate Parcel Informatio.
JENNIFER L. SCHISLER
813/1989 1329 4BATES, DONALD
41
R. JR. & ANITA L.
1/1/1985 1114 885
MUYSKENS,
KATHRYN I.
•
WD 24,000 52.80
0 0.00
Structure Occupancy
Number Type
1
SF
Sketch:
Construction
Type
MV
First
Floor
Living
Area
844
Total
Living
Area
844
Age or Year Basement
Constructed Area
r8 12
I FEP-1
8 8 1981
10J I 12
MN
(844)
OP
(180)
30
47
Next Item I Previous Item 1 Return to Search Results 1 Modify Search 1 New Search
Page 2 of 2
http://www.co.washington.ar.us/PropertyScarch/RParcclInfo.asp?BS=N&HN 1&I.U=I10... 11/4/2003
STAFF trIEN FORM - NON-FINANCIAL OBLIGATION
YES AGENDA REQUEST
For the Fayetteville City Council Meeting of: December 2, 2003
FROM:
Chad Ball
Name
Com Res & Code Com Com Plan & Engr Services
Division Department
ACTION REQUIRED: Public Hearing and Resolution to order the Raze and Removal of the dilapidated structure
located at 1905 S Brower Ave, Fayetteville, AR 72701
SUMMARY EXPLANATION:
See attached Memo
STTION:
D'•isHead
Staff recommends the Raze and Removal of the property.
// 7-03
Date
1// 7/0.3
City Att• ney Date
• 4-1--o3
Department Director Date
1. //-1%03
Fi ance & Internal Services Dir.
Chief Adbninistrative Officer
Received in Mayor's Office
Cross Reference:
Previous Ord/Resp:
Date Orig. Contract Date:
//-/8i"Q,
Orig. Contract Number:
Date
Date
New Item:
/0?4 3
Dater/(!i
Yes No
,r0JO 1 01 1)
R•EMPTION DEED NO. 148!6
CHARLIE DANIELS
COMMISSIONER OF STATE
STATE OF ARKANSAS
Issued under the provisions of Act 151 of 1891, Act 626
LANDS FILED FOR RECORD
f 19$c66tT11
of 7
2 54
WASHINGTON��CO AR
N. HARNESS
THE STATE OF ARKANSAS:
To All Whom these Presents Shall Come— GREETINGS:
KNOW YE THAT, WHEREAS: The following described lands situated in the County of Washington in the State
of Arkansas, to Wit:
Description: LOT 1 & N12' OF E 30' LOT 2, BLOCK 3
Acres- 0
Addition: MEADOWVALE City: FAYETTEVILLE
DISTRICT 11
Parcel Number. 765-08392-000 Year Forfeited: 32-81997
Receipt #: 110275
were certified to the Commissioner of State Lands, by the County Collector for the non-payment of taxes for the years
hereinbelow set forth; and that the taxes, penalties, Interest and cost outline below have been paid to the
Commissioner of State Lands;
AND WHEREAS
JONATHAN M. & JENNIFER L RICH
722 S 18TH STREET
FT. SMITH, AR 72901
claiming to be the owner(s) of said real property, filed a petition to redeem duly verified according to the law, showing
such ownership.
NOW THEREFORE, I, CHARLIE DANIELS, Commissioner of State Lands within the State of Arkansas, for and in
consideration of $759.49 so paid and by virtue of the authority in me vested by law, do hereby release and quitclaim
unto the said JONATHAN M. & JENNIFER L RICH and their heirs and assigns forever all right, title and interest the
State of Arkansas acquired under any forfeiture, sale or condemnation for taxes.
WITNESS MY HAND AND OFFICIAL SEAL September 20, 2000
Taxes
Imp. Tax Due
Interest
Penalty
County Costs
Recording Fee
Deed Fee
Commissioner Fee
Municipal Lien
Total Paid:
1997 - 1998 $580.72
$0.00
$81.70
$58.07
$3.00
$ 6.00
$5.00
$25.00
$0.00
$759.49
Deed
Mall to:
JONATHAN M. & JENNIFER L RICH
722 S. 18TH STREET
FT. SMITH, AR 72901
e •
Charlie D'3niels 4 t *``:,
tate Land 1/2.
Commi$SFone,of
iIU( whir.
BSMITri21•v:3:- r,j j^//
Deputy Cor ssiprler;of„ t te-Lands
.... `Uis
2000080398
1905 S. Brower 9-22-03 ph
from rear room into kitchen
•
L
•
1905 S. Brower 9-22-03 ph
inside front room
1905 S. Brower 9-22-03 ph
broken rear window