HomeMy WebLinkAbout120-06 RESOLUTIONRESOLUTION NO. 120-06
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY JAMES L.
LEDBETTER AND SUZETTE L. MAESTRI LOCATED AT 107 EAST
7T" STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, James L. Ledbetter and Suzette L. Maestri are the record owners of
the real property situated at 107 East 7th Street, City of Fayetteville, Washington County,
Arkansas, more particularly described as follows:
WC Parcel Number 765-05651-000; 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, James L. Ledbetter and Suzette L. Maestri, having been properly
served with a Violation Notice via Certified Mail, Return Receipt Requested, 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, James L. Ledbetter and
Suzette L. Maestri 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 James L. Ledbetter and Suzette L. Maestri 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. .olii""iifit.
PASSED and APPROVED this 6th day of July, 2006.
APPROVED:
ATTEST:
By: /AAI4 a,
SONDRA SMITH, City Clerk
pc 'S.G'P
;U. ••A;
E- •FAYETTEVILLE;
o `%9d;•119 A 451.:• ;�
Yolanda Fields
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
6 -Jul -06
City Council Meeting Date
Com Res & Code Comp
Division
Action Required:
11 Oh
/cW ,
f ec(btifer f
Matofrigar
( I
Operations
Department
Public Hearing and Resolution to order the Raze and Removal of the dilapidated structure located at 107 E 7th
Street, Fayetteville, AR 72701
$7,000.00
Cost of this request
1010 6420 5315 00
Account Number
Project Number
Budgeted Item
x
$25,000
Category/Project Budget
$10,500.00
Funds Used to Date
$14,500.00
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Contract Services
Program / Project Category Name
General Fund
Fund Name
Departm-nt Director
City Attorney
itO
Date
(Ja ,/q/06
;4C1/Finance
��,/�9 ���/.,,��
Finance and Internal Service Director Date
64
Mayor
Staff recommends Raz
lid Removal of structure.
Date
Previous Ordinance or Resolution # n/a
Original Contract Date:
Original Contract Number:
n/a
n/a
Received in Mayor's Office
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operatic°
From: Yolanda Fields, CRCC Director
Date: June 14, 2006
Subject: Raze & Removal of structure on 107 E 7`h Street
RECOMMENDATION
Staff recommends a resolution to order the raze and removal of the structure.
BACKGROUND
Service Request #35316, Case #4572: Code Compliance responded to a complaint
concerning the original structure located at 107 E 7th Street, recongnized on Washington
County records as 700 S College Ave. The structure appeared to possibly be in violation
of Ordinance 173.08, Unsafe Buildings. The Building Safety Division Director inspected
the property and determined that the structure was in violation of Ordinance 173.08,
Unsafe Buildings.
An Unsafe Buildings Notice of Violation was sent by Certified Mail to the property
owner on April 03, 2006. The property owner signed the Certified Mail receipt on April
05, 2006. By ordinance, the owner were given until May 06, 2006 to acquire a building
permit or to demolish and remove the structure.
DISCUSSION
This parcel contains two structures. The address of the structure in violation is 107 E 7th
Street and faces 7th Street. There is not a current building permit issued on this structure.
BUDGET IMPACT
Contracting the raze and removal of the property would cost approximately $7,000.00.
The cost would be billed to the property owner. If payment is not received, the city will
place a lien on the property for the amount of the raze and removal.
RESOLUTION NO.
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY JAMES L.
LEDBETTER AND SUZETTE L. MAESTRI LOCATED AT 107 EAST
7Th STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, James L. Ledbetter and Suzette L. Maestri are the record owners of
the real property situated at 107 East 7`h Street, City of Fayetteville, Washington County,
Arkansas, more particularly described as follows:
WC Parcel Number 765-05651-000; 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, James L. Ledbetter and Suzette L. Maestri, having been properly
served with a Violation Notice via Certified Mail, Return Receipt Requested, 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, James L. Ledbetter and
Suzette L. Maestri are hereby ordered to raze and remove forthwith, the dilapidated,
unsightly, and unsafe structure located on the aforementioned real property. The man er;of
removing said structure shall be: dismantle by hand or bulldozer, and haul alle ;Eo a
landfill. �1
Section 2. That, if James L. Ledbetter and Suzette .Li aes ri[doinot c•m'ily with
this order, the Mayor is hereby directed to cause the dilapida ed, unsightly, a d unsafe
structure to be razed and removed; and a lien against the realptrtperti,thall be granted and
given the City, pursuant to A.C.A. § 14-54-904, &I -She costs associated thterewith.
PASSED and APPROVED this 6th da
AN COODY, Mayor
•
Fayetlevtlle
ANI( ANSA 5
Community Resources and Code Compliance
Unsafe Building Violation Determination
Address / Location: /07 E 7 `s 5-f:
WC Parcel# 5- 05(05i-- 060
I have determined that the structure above has become dilapidated, unsafe,
unsanitary, or detrimental to the public welfare.
I recommend the raze and removal of the structure.
Building Safety Division Director
I have determined that the structure above is not in violation of Ordinance 173.08
of the Fayetteville Code Of Ordinances.
Building Safety Division Director
PLEASE RETURN THIS FORM TO CRCC
Date Sent: Y/
Date Received:
CRCC Division Director
May 24, 2006
James Ledbetter and Suzette L. Maestri
443 W North St.
Fayetteville, AR 72701
RR Enforcement of Ordinance 17108
Arkansas Code Ann 14-56-203
•
City of Fayetteville
Code Compliance
113 West Mountain Street
Fayetteville, Arkansas 72701
Phone 479-444-3430
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
107 E 7th St. (Parcel #765-05651-000), 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 on July 6, 2006 beginning at 6:00 p.m.
at the City Administration Building, 113 W. Mountain St, Fayetteville, AR 7270L 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.
d Ball
Code Compliance Administrator
Cc: file
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SENDER: COMPLETE THIS SECTION' '
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COMPLETE THIS SECTION ON DELIVERY
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City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
April 03, 2006
VIOLATION NOTICE
Owner JAMES L. LEDBETTER & SUZETTE L MAESTRI
443 W. NORTH ST.
FAYETTEVILLE, AR 72701
RE: Property @ 700 COLLEGE AVE & 107 7TH ST.
Office of Code Compliance
Phone 479-444-3430
Fax 479-044-3445
WC Parcel # 765-05651-000 Case 11 4572
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 call our office at
(479)575-8240.
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:
•
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.
Potential Penalties:
If this violation is not corrected within thirty (30) days from the service of this notice, you can be issued a
Criminal Citation for the above violation and be summoned to appear in court. Our office can also suggest the
structure be razed and removed. The costs shall be charged to the owner(s) of the property and the city shall have a
lien against such property for such costs. If you disagree with our conclusion that your property contains a violation
. of our ordinances, you have the right to appeal to the appropriate City Board, Commission or City Council. Please
see Chapter 155 of the Unified Development Code.
If the residence is owner occupied and meets certain income requirements, you may qualify for federal assistance
under our Community Development Block Grant. For more information on this program, please call (479) 575-8270
or 575-8240.
Sincerely,
LAURA WILSON
Code Compliance Officer
Cc: file
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 retum the card to you.
• ■ Attach this card to the back of the mailplece,
or on the front If space permits.
1. Article Addressed to:
JAMES LEDBETTER
SUZETTE L. MAESTRI
443 W NORTH ST
FAYETTEVILLE, AR 72701
COMPLETE THIS SECTION'ON DELIVERY '
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See Reverse for Instructions
Real Estate Parcel Information
Record 1 of 1 Last Updated 06/09/06
Parcel Number: 765-05651-000 Prev. Parcel Number: 139294-000-00
Location: 700 S COLLEGE AVE
Owner Name: LEDBETTER, JAMES L. & MAESTRI,SUZETTE L.
Mailing Address: 443 W NORTH ST FAYETTEVILLE AR 72701
Lot: Block:
Addition: GLENWOOD PARK
School District: FAYETTEVILLE SCH, FAY
City: FAYETTEVILLE
Legal: LOTS 1-2 BLOCK 1
Current Year A79 Credit Status: V
Last Appraised: 2004 Appraised Value
Land 22,500
Improvement 29,250
Total 51,750
Type: RI
S -T -R: 22-16-30
Tax District: 011
Taxable Value
4,500
5,850
10,350
Year
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
Taxable
Value
10,350
10,350
6,760
6,760
6,760
6,760
6,760
6,760
6,760
6,760
6,760
Ad
Valorem
Tax
$545.45
$536.75
$358.01
$351.25
$351.25
$54.90
$346.11
$346.79
$346.79
$0.00
$0.00
Imp.
Dist.
Tax
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Tax History
Timber Voluntary A79
Tax Tax Credit
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$300
$300
$300
A79
Status
V
V
F
F
F
0
Net
Total
Tax
$545.45
$536.75
$63.81
$51.25
$51.25
$54.90
$346.11
$346.79
$346.79
$0.00
$0.00
Total
Tax Paid
$0.00
$536.75
$63.81
$51.25
$51.25
$54.90
$346.11
$346.79
$346.79
$0.00
$0.00
Payment
Status
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
Year
Receipt
2004 39726
2003 128550
2002 53495
2001 8400
2000 20542
1999 14482
1998 13983
Payment
Date
5/11/2005
11/912004
6/24/2003
4/6/2002
1018/2001
10/19/2000
9/20/1999
Available Tax Payment
Ad Valorem Imp. Dist.
Tax Tax
$536.75
$58.01
$51.25
$51.25
$54.90
$346.11
$346.79
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Receipt(s)
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
$0.00
$0.00
Penalty
Tax
$0.00
$5.80
$0.00
$0.00
$0.00
$0.00
$0.00
Payment
$536.75
$63.81
$51.25
$51.25
$54.90
$346.11
$346.79
Date
Book Page
Deed History
Grantee/ Grantee2
Deed Sale
Type Amount
12121/2005 2005 56563 LEDBETTER, JAMES L. SUZETTE SV 0
& MAESTRI, L.
WCS 2005-56563 SURVEY FOR JERRY ALLRED ADDL' PARCEL
12115/2005 2005 56561 LEDBETTER, JAMES L. SUZETTE
& MAESTRI, L.
LMP WD 2005-56561 $194.70 REV (59M)
9/17/2003 2003 49580 MCFADDEN, SHAWN
WD 59,000
AD 45,000
Revenue
Amount
194.70
148.50
Page 1 of 3
http://www.co.washington.anus/PropertySearch/RParcellnfo.asp?ST=N&HN=1&LU=060906&PH=25& 6/12/2006
Real Estate Parcel Information Page 2 of 3
CSS 2003-49580 AD $148.50 REV (45M) /1 ALSO INCLUDES:765-05651-000; 765-
05652-000
8/28/2002 2002 131236 HANNA, CORA E. WD 0 0.00
LRR
8/16/2002 2002 117264 HANNA, BOBBY E. WD 0 0.00
KST 2002-117264 WD NO REV.
1/1/1985 360 360 HANNA, CORA E. 0 0.00
(SURVIVOR)
4-18-94- DWG REMODELED- CHG DEP FOR 1994 PER SH.
Structure Occupancy Construction
Number Type Type
1 SF FS
First Floor
Living Area
Total Living Year Basement
Area Constructed Area
734 734
Grade Condition Exterior Wall Fireplace
5
Sketch:
Qty
1
F FS
FEP 17-
5088 5 (85) 17
25
MN
(734)
6
14
11
SEP 16
(112) 6�
1
Out Buildings and Yard Improvements
Description
Gravel Driveway
Year
Remodeled
Size Quality
Structure Occupancy Construction
Number Type Type
2 SF FS
Grade
5
Sketch:
Effective
Age
93
First Floor Total Living Year Basement
Living Area Area Constructed Area
1505 1505
Condition Exterior Wall Fireplace
F VINYL
Year Effective
Remodeled Age
93
http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST=N&HN=1&LU=060906&PH=25& 6/12/2006
Real Estate Parcel Information
5 1-�
5
MN 4-3
(1505) 0
-7-1.411-f-21-
4 (281) 4
1-19- 1
Page 3 of 3
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OA, et, PLA I ifectAl /`-ea 14/0
4te cd- /67 S64-
107 7th St
107 7th St
Clarice Pearman - Res. 120-06 Page 1
From: Clarice Pearman
To: Fields, Yolanda
Date: 7.12.06 9:26AM
Subject: Res. 120-06
Yolanda,
Attached is a copy of the above resolution passed by City Council, July 6, 2006. If anything else is needed
please let me know.
Thanks.
Clarice
CC: Audit
•
•
•
•
•
107 7th St
107 7th St