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Home My WebLink About36-03 RESOLUTION• • RESOLUTION NO. 36-03 A RESOLUTION CERTIFYING TO THE TAX COLLECTOR OF WASHINGTON COUNTY THE COSTS OF ABATING UNSIGHTLY AND UNSANITARY CONDITIONS UPON THE PROPERTY LOCATED AT 922 NORTH FRISCO AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, pursuant to the provisions of §§ 95.01-95.03, Code of Fayetteville, as authorized by A.C.A. §14-54-901 et seq., the City of Fayetteville directed the owner of the property located at 922 North Frisco Avenue (WC Parcel #765-08496-000) to correct unsightly or unsanitary conditions on the property; and, WHEREAS, Charles J. Jordon, record owner of the property, failed to correct the unsightly or unsanitary conditions on the property within the twenty (20) days allotted; and, WHEREAS, the City of Fayetteville, in accordance with the above-cited ordinances and statutes, entered upon the property and corrected the unsightly or unsanitary conditions; and, WHEREAS, by operation of law, the City is given a lien against this real property for the costs of correcting the unsightly or unsanitary conditions; and, WHEREAS, the City Council of the City of Fayetteville, Arkansas, is required to determine the appropriate amount of the lien, and certify this amount to the Tax Collector of Washington County, Arkansas to be placed on the tax books as delinquent taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That, by the authority granted pursuant to §14-54-901 et seq., and in accordance with the provisions of §§ 95.01-95.03, Code of Fayetteville, the City Council of the City of Fayetteville, Arkansas, hereby determines the appropriate amount of the lien against the property located at 922 North Frisco Avenue (WC Parcel #765-08496-000) to be One Thousand One Hundred Seventy - Seven Dollars and Fifty -Seven Cents ($1,177.57). Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby certifies this amount to Mr. David Ruff, Tax Collector for Washington County, Arkansas, so that this amount, plus five percent (5%) penalty for collection, be placed on the tax books as delinquent taxes against the property located at 922 North Frisco Avenue (WC Parcel #765-08496-000). PASSED and APPROVED this 4th day of March, 2003. SONDRA SMITH, City Clerk NAME OF FILE: CROSS REFERENCE: Resolution No. 36-03 Document NOTES: 1 03/04/03 Res. 36-03 2 11/04/02 Staff Review Form w/attachments: 10/30/02 memo to mayor/city council draft resolution 1/29/03 letter to Charles J. Jordan copy of 922 Frisco Avenue copy of certified mail env. copy of certified mail env. copy of 1/29/03 letter copy of delivery request copy of cleanup costs copy of accts. receivable request copy of pictures of 922 Frisco 3 03/10/03 memo to Hugh Earnest NOTES: E&YETTE% LLE THE CITY OF FAYFTTFVLLE ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Hugh Earnest C.E.O. From. Clarice Buffaiohead-Pearman" City Clerk's Division Date: 3/10/2003 Resolution No. 36-03 A copy of the above resolution passed by the City Council March 4, 2003 is attached hereto. If anything else is needed please let the city clerk's office know. The original(s) of this information will be microfilmed and filed in the city clerks office. /cbp Nancy Smith, Internal Auditor • X Agenda Request _ Contract Review Grant Review • STAFF REVIEW FORM • /C Cj (Cke r- • lil tl i3 9otwiot(i1oo3 41 G1 f U-1 c am. Hugh Earnest Urban Development Stttk J J'2 .a- 1131 J113 Name Division Department l'1 On- / UIC(r4 Li VI, ACTION REQUIRED: A resolution certifying to the tax collector of Washington County the costs of abating Unsightly and unsanitary conditions upon the property located at 922 North FriscoArvenuc in the city of Fayetteville, AR. a y„ jl ,U pl1/2 36 - o 3 up... M. RiscaRut. For the Fayetteville City Council meeting of November 19 FROM: COST TO CITY: $ $ Cost of this Request Account Number Project Number BUDGE REVIEW: Category/Project Budget Category/Project Name Ivnds Used to Date Program Name $ Remaining Balance Fund Budgeted Item Budget Adjustment Attached • udget Ma Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Accounting Manager //OL Date Ci Atlbmey r Dale \Da-- Date Purchasing Officer GRANTING AGENCY: ADA Coordinator Internal uditor STAFF RECOMMENDATION: Approval of the Resolution and Budget Adjustment Cross Reference New Item: Yes No Division Head Date /0-30-r 7i Date Date 0(3t/oL Date //-/ -PY Dap Prcv Ord/Res #: .1 Mayor •Date Contract Date: Page 2 STAFF REVIEW FORM Description Meeting Date Comments: Reference Comments: Budget Coordinator Accounting Manager City Attomcy Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVILLE TIE CRY OF FAYEITEVILLE, ARKANSAS • Date: October 30, 2002 To: The Mayor and Council From: Hugh Earnest Urban Development Director Subject: Charles Jordan Property at 922 N. Frisco Background This particular piece of property has been an issue for code enforcement for some time. On April 3, 2002, City inspectors sent a letter requesting that the white goods and other discarded items be removed from the above referenced site. Despite the fact that a considerable amount of time over the date given in the letter was allowed, no attempt was made to remove any material. Rather, a good portion of the material on site was moved into the ditch in front of the referenced property. On July 25, 2002, City crews from Solid Waste removed the material at a cost to the City of $1,177.57. Copies of all the correspondence are attached. In addition, we have photos which will be available at the Council meeting. Current Situation Following the clean up, a bill for the services rendered was sent via registered certified mail to the property owner. The letter was returned by the post office after three attempts to make delivery. In order to ensure delivery, an officer from the Police Department did make delivery to the property owner on August 28, 2002. The letter gave the owner 30 days from the date of delivery to make restitution for the clean up. The time given has long expired. As of the date of this memo, we have not had any formal response to our letter. Recommendation Our City Attorney advises that the action taken by City crews in cleaning up the site constitutes a lien against the property. While we remain hopeful that the situation can be resolved, the facts dictate that we recommend the following course of action by the Council. The City Council by resolution should remand to the Tax Collector the amount of the bill to be included as part of the tax bill on the property. The Council by resolution must verify the charge for services. This will make the City charge for services payable as part of the yearly assessment from the County. In addition, this will mandate that any sale of the property can not occur without a resolution of the outstanding charge by any purchaser. We will see that the current owner of the property is furnished this memo and we will make every effort to try to resolve this issue prior to any action by the Council. 113 WEST MOUNTAIN 72701 479621-7700 FAX 479475-8457 RESOLUTION NO. • A RESOLUTION CERTIFYING TO THE TAX COLLECTOR OF WASHINGTON COUNTY THE COSTS OF ABATING UNSIGHTLY AND UNSANITARY CONDITIONS UPON THE PROPERTY LOCATED AT 922 NORTH FRISCO AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, pursuant to the provisions of §§ 95.0 Fayetteville, as authorized by A.C.A. §14-54-901 et seq.,. t e.Ei directed the owner of the property located at 922alo Parcel #765-08496-000) to correct unsightly or unsari ary property; and, WHEREAS, Cha les J• Jordon correct the unsightly o nsanit +ry con (20) days allotted; and, • -9 03•` Gode of y f Fayitteville co Aveny e (WC editions ton the owner of the propertyftd to the property within'fhe twenty WHEREAS, tlje,City of Faye eville, ateordance with the above-cited ordinances and s1atutet, entered upb she property and corrected the unsightly or u1,...sanitary co ditions; and, �. WHErIi�AS yseperation of law, the City is given a lien against this real pro1ertyfor the costs of correcting the unsightly or unsanitary conditions; and, WHEREAS, the City Council of the City of Fayetteville, Arkansas, is required to determine the appropriate amount of the lien, and certify this amount to the Tax Collector of Washington County, Arkansas to be placed on the tax books as delinquent taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That, by the authority granted pursuant to §14-54-901 et seq., and in accordance with the provisions of §§ 95.01-95.03, Code of Fayetteville, the City Council of the City of Fayetteville, Arkansas, hereby determines the appropriate amount of the lien against the property located at 922 North Frisco Avenue (WC Parcel #765-08496-000) to be $ Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby certifies this amount to Mr. David Ruff, Tax Collector for Washington County, Arkansas, so that this amount, plus ten percent (10%) penalty for 1 collection, be placed on the tax books as delinquent taxes against the property located at 922 North Frisco Avenue (WC Parcel #765-08496-000). PASSED and APPROVED this day of ATTEST: By: APPROVED: By: HEATHER WOODRUFF, City Clerk/ 2002. DAN COOD =r. y 00, 1'11 ■ ��Y'J�fl JJf • THE CITY OP FAYETTEVILLE, ARKANSAS January 29, 2003 Mr. Charles J. Jordan 922 N. Frisco Avenue Fayetteville, AR 72701 RE Enforcement of lien for clearance by City Arkansas Code Ann. § 14-54-904 NOTICE TO CHARLES J. JORDAN Pursuant to A.C.A. § 14-54-904 at § 95.03 of the Fayetteville Code, you are placed upon Notice that the Fayetteville City Council will conduct a public hearing to determine the appropriate amount of lien to be placed against your property for the costs to clean up and correct the problems on your property. You are free to appear at this public hearing to present any evidence or statements. The hearing will be part of a regular City Council meeting — probably on March 4, 2003 beginning at 6:00 p.m. at the City administration Building, 113 West Mountain, Fayetteville, Arkansas. It is possible thatthis hearing may be conducted at a later meeting such as on March 18, 2003 or thereafter. The City Council Agenda is advertised in local papers 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. If you want to present evidgrace-oftestimony-aboutibklien, you should attend the March 4, 2003 City Cou. 'meeting. Sincerely, ddAllurN Ids liance Director 113 WEST MOUNTAIN 72701 479-575-8260 FAX 479-444-3445 CF: S 3C`Y' EQUAL HOUSING OPPORTUNITY CITY OF FAYETTEVILLE CODE COMPLIANCE OFFICER DELIVERY REQUEST Officer delivery is required for the attached document Delivery Address: • j./US CO POLOC1 Zr kelbe_ (documcnt description 11e.rl7e5 o -rd � h qN th"..s 'a //r AM 7 Zq-c / Return of Service I, C 1 f�� 2 , of the Fayetteville Police Department (cer� —print) certify that I provided a true copy of the document described above to; C`mc tic R^Aix✓1 (name of recipient) `501$ X1. (-(-\\ etc Delivery Date at the following address; 1 -31-03 1 Time OS5J Officer Signature �l . uTh • • 922 FRISCO AVENUE m co MNp7 co ? S CD ED < T CD n N >o c_ DC. 0 ▪ C w O M 7 J <dm PtoC2 c0 3� g0rI 3 to VZ • fr• Sir - G m }Mni C 9 e E r r rill rn D Z Zr_.., C N 9-1 �� W L. rn Z_4 5C rr D ti E FAYETT i MLLE • TME CITY OP FAYETTEVU.LE, ARKANSAS SERVED January 29, 2003 Mr. Charles J. Jordan 922 N. Frisco Avenue Fayetteville, AR 72701 RE: Enforcement of lien for clearance by City Arkansas Code Ann. § 14-54-904 NOTICE TO CHARLES J. JORDAN Pursuant to A.C.A. § 14-54-904 at § 95.03 of the Fayetteville Code, you are placed upon Notice that the Fayetteville City Council will conduct a public hearing to determine the appropriate amount of lien to be placed against your property for the costs to clean up and correct the problems on your property. You are free to appear at this public hearing to present any evidence or statements. The hearing will be part of a regular City Council meeting — probably on March 4, 2003 beginning at 6:00 p.m. at the City administration Building, 113 West Mountain, Fayetteville, Arkansas. It is possible that'this hearing may be conducted at a later meeting such as on March 18, 2003 or thereafter. The City Council Agenda is advertised in local papers 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. If you want to present evide I c-oftestimonyabouLtUiis lien, you should attend the March 4, 2003 City Co • " eeting. Sincerely, l Yol. '-lds Cod: Co • .fiance Director 113 WEST MOUNTAIN 72701 479-575-8260 FAX 479-444.3445 EQUAL HOUSING OPPORTUNITY t • • CITY OF FAYETTEVILLE CODE COMPLIANCE OFFICER DELIVERY REQUEST Officer delivery is required for the attached document. Pub/lc_ ))yq,twt. Jake_ (document desaiptioa) Delivery Address: 4/ Ar! Sec �t FL/ //r /4 Return of Service (]C�l& S ila-C, of the Fayetteville Police Department ;l .1 _ ) J certify that 1 provided a true copy of the document described above to; CTh e• r 1-; c —So rrl txv\ at the following address; (Dame ofreeipicn) .5(,$ .C./a\1e.c t Delivery Date Officer Signature IP Time 0 S3 Accounts Receivable Request Date 7 -Aug -02 Requested by Kay Swanner Bill To: Customer Number Account Name Attention Address Is this a change of adress: New Account Mr. Charles J. Jordan 922 N Fisco Avenue Fayetteville, AR 72701 YES Description (optional) Property located @ 922 N Fisco Avenue NO Rate Code Item 1 9999 Clean-up at 922 Fisco Ave 2 3 4 5 6 7 8 Description/Message (optional) Quantity 1 job Per Unit Price $1,177.57 INVOICE TOTAL Extended Cost $1,177.57 $1,177.57 G/L Account Number 5500-0950-6999-00 7/16/62 • ' :.arA.147. - -1. •'•ZG -ter .. ? ..It !- .i!. 4 - "r't•-_b-, _::XT' .,i•^ `,.. tsar r ,• 'j r j+ i... i.•• i - . .. ....r ..... ' 1 1. . a. ▪ r..i• . 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