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Home My WebLink About147-06 RESOLUTIONRESOLUTION NO. 147-06 A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY BEACON FLATS, LLC LOCATED AT 95 CLEBURN STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS WHEREAS, Beacon Flats, LLC is the record owner of the real property situated at 95 Clebum Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-03828-000; 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, Beacon Flats, LLC, having been properly served with a Violation Notice via Certified Mail, Return Receipt Requested, and given thirty (30) days to correct said violation, has 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, Beacon Flats, LLC is 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. 4 Section 2. That, if Beacon Flats, LLC does 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 5th day of September, 2006. APPROVED: By DAN COODY, Mayor ATTEST. By:at S NDRA SMITH, City Clerk 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: Operations Department Public Hearing and Resolution to order the Raze and Removal of the dilapidated structure located at 95 Clebum Street, Fayetteville, AR 72701 $4,000.00 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 Departmen Director Date 6//6/,, - City Attorney LaoJlea Zbit. �j Finance ed Internal Service Diredtor Mayor Aa-thxo Previous Ordinance or Resolution # n/a Original Contract Date: n/a Original Contract Number: n/a Staff recommends Raze a d Re oval of structure T6/td 9/s/46 A7 hnJ 7/4 igbkd 4, /,8/oG hn a� g. 9" /a6 CITY COUNCIL AGENDA MEMO • To: Mayor and City Council Thru: Gary Dumas, Director of Operation From: Yolanda Fields, CRCC Director Date: June 14, 2006 Subject: Raze & Removal of structure on 95 Cleburn Street RECOMMENDATION Staff recommends a resolution to order the raze and removal of the structure. BACKGROUND Service Request #34396, Case #4601: Code Compliance responded to a complaint concerning the structure located at 95 Cleburn Street, recongnized on Washington County records as 867 N 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 17, 2006. The property owner signed the Certified Mail receipt on April 18, 2006. By ordinance, the owner were given until May 18, 2006 to acquire a building permit or to demolish and remove the structure. DISCUSSION This parcel contains a partially razed structure. There is not a current building permit issued on this structure. BUDGET IMPACT Contracting the raze and removal of the property would cost approximately $4,000.00. 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 BEACON FLATS, LLC LOCATED AT 95 CLEBURN STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS WHEREAS, Beacon Flats, LLC is the record owner of the real property situated at 95 Clebum Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-03828-000; 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, Beacon Flats, LLC, having been properly served with a Violation Notice via Certified Mail, Return Receipt Requested, and given thirty (30) days to correct said violation, has 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, Beacon Flats, LLC is 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 shallae: dismantle by hand or bulldozer, and haul all debris to a landfill. Section 2. That, if Beacon Flats, LLC does not comply with1ik orrdder,FthhC Mayor is hereby directed to cause the dilapidated, unsightly, and unsafe any to beb;i:azed and ur removed; and a lien against the real property shall be grante�i'and'given the City, pursuant to A.C.A. § 14-54-904, for the costs associated therewith. PASSED and APPROVED this 6th dayofJuly, 2006. ATT B GOODY, Mayor y -f rte\ • 95 E. Cleburn St. 6-13-06 1 • 95 E. Cleburn St. 6-13-06 Community Resources and Code Compliance Unsafe Building Violation Determination Address / Location: 615 C1€btrc S'. WC Parcel # '7(05- 03$18- 000 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. I. 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: Date Received: CRCC Division Director May 24, 2006 Beacon Flats, LLC c/o Carlen Hooker 397 W Poplar St. Suite 5 Fayetteville, AR 72701 • RE- Enforcement of Ordinance 173.08 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 95 Cleburn St. (Parcel #765-03828-000), 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 72701. 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 Sincer=ly, all Code Compliance Administrator Cc: file • SENDER: COMPLETE TH1S'SECTION ■ Complete Items 1, 2, and S. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we!4an return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Beacon Flats, LLC c/o: Carlen Hooker 397 W. Poplar St. Suite 5 Fayetteville, AR 72701 ' COMPLETE THIS SECTION ON DELIVERY. A. Sig . ure X :.. me r n ❑ Agent V -0 Addressee C. Date of Delivery D Is delivery address different from Item 1? 0 Yes I1 YES, enter delivery address below: 0 No 3. Service Type ys Certified Mail O Registered O Insured Mail - O Express Mall 0 Return Receipt for Merchandise O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes . 2. Article Number (Transfer from service label) 7004 2510 0000 8363 4148 PS Form 3811, February 2004 - Domestic Return Receipt pb 102595-02-M.1540 • ra r1 7 m m m 0 ,0 0 0 rR u -) N O 0 r` 4 U S4PoStal Sruice.Mi41L RECEIPT; 1.1 _ t `GERTI IEp�M• (DOT-$14.1411.all alily'No lriaraece Coverage Provided), iyFor delivery'rrrforinatiofi v(sitour website atwww'usps.coin®`.-- OFFICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Requk od) Reelected Delivery Fee (EndorsemoM Required) Total Postage & Fees $ Postmark Hem Sant To) (3.lkz: vv T L s1` l� area[ Apt. Na; // -Il`� 4 i _ or4OSoe No. C4 �__._1V^.4t _4_LtK3. i1�G{ CAC Cly, Stale, � l?'� PS Form 3a000 dupe 2.902r. "See'Reve'rsetor Inmructlorth City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 April 17, 2006 Warne VIOLATION NOTICE Office of Code Compliance Phone 479-444-3430 Fax 479-444-3445 Owner BEACON FLATS, LLC. C/O: CARLEN HOOKER 397 W. POPLAR ST. STE: 5 FAYETTEVILLE, AR 72701 RE: Property @ 95 E. CLEBURN ST, FAYETTEVILLE, AR WC Parcel # 765-03828-000 Case # 4601 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)575-8232. 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, SUZANNE BUTLER 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 return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Beacon Flats, LLC. c/o: Carlen Hooker 397 W. Poplar St. Ste:5 Fayetteville, AR 72701 :COMPLETE THIS SECTION ON DELIVERY - A Sig ture X ) / raWmmNIASA . • A i Aiden O Addressee• Cr to-= of •: D. Is delivery addre different from Item If YES, enter delivery address below: i O Yes O No ery 3. Service Type ew Certified Mail O Registered O Insured Mail O Express Mail ❑ Retum Receipt for Merchandise O C.O.D. . 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service lade!) 7004 2510 0000 8363 3547 PS Form 3811.,. February 2004 • 0000 8363 3547 Domestic Return Receipt Ii (at t 51S 102595-02-M-1540 .1 ostalService* CTJE ED1NIAI(111.3ECEIPT' (Omes6c Mail Oaf No Insurance -Coif -wage Provided)',+, *Fort,deliirery informatldKDislt our web ite at www.usps.cdme OFFICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees y -r2 -D(0 Postmark Here Street, Apt Na; or PO Box No. Ciy, State, ZIP+4 P,SFp�m'�eed, jyne 2dl1Ta'�',1�"..,"? See Reverse tar Instructions • Real Estate Parcel Information Record 1 of 1 Last Updated 06/13/06 Parcel Number: 765-03828-000 Prev. Parcel Number: 137566-000-00 Location: 867 N COLLEGE AVE Owner Name: BEACON FLATS,LLC Mailing Address: 329 W. POPLAR FAYETTEVILLE AR 72701 Lot: Block: Addition: CITY PARK ADD-A.L.TRENTS REV School District: FAYETTEVILLE SCH, FAY City: FAYETTEVILLE Legal: LOT 1 EXCEPT EAST 4 FT. BLOCK 12 Current Year A79 Credit Status: N Last Appraised: 2005 Appraised Value Land 52,500 Improvement 20,650 Total 73,150 Type: CI S -T -R: 09-16-30 Tax District: 011 Taxable Value 10,500 4,130 14,630 Year 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 Taxable Value 14,630 15,470 15,420 16,164 14,817 13,470 13,470 13,470 13,470 13,470 13,470 Ad Valorem Tax $771.00 $802.27 $816.64 $839.88 $769.89 $707.18 $689.66 $691.01 $691.01 $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 Timber 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 Voluntary A79 Tax Credit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 A79 Total Status Tax N $771.00 $802.27 $816.64 $839.88 $769.89 $707.18 $689.66 $691.01 $691.01 $0.00 $0.00 Net Total Payment Tax Paid Status $0.00 $802.27 $816.64 $839.88 $769.89 $707.18 $689.66 $691.01 $691.01 $0.00 $0.00 PAID PAID PAID PAID PAID PAID PAID PAID PAID PAID Year Receipt 2004 4584 2003 70088 2002 78416 2001 66364 2000 11243 1999 5299 1998 10782 Payment Date 4/6/2005 9/20/2004 9/24/2003 9/25/2002 9/18/2001 8/22/2000 7/26/1999 Available Tax Payment Receipt(s) Ad Valorem Imp. Dist. Timber Voluntary Tax Tax Tax Tax $802.27 $0.00 $816.64 $0.00 $839.88 $0.00 $769.89 $0.00 $707.18 $0.00 $689.66 $0.00 $691.01 $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 Penalty Payment Tax $0.00 $802.27 $0.00 $816.64 $0.00 $839.88 $0.00 $769.89 $0.00 $707.18 $0.00 $689.66 $0.00 $691.01 Date Book Page 2/8/2005 2005 6186 Grantee/ Deed History Grantee2 Deed Sale Type Amount BEACON WD 297,000 FLATS,LLC LMB FOR 2005: 0.02A TO #03829-002 CITY OF FAYETTEVILLE SN 2005-6186 WD $980.1 REV(297M) 1/19/1998 98 5589 NICKELL, J.C. JR NICKELL, ALMA WD 0 0.00 TTEE TRUST; L. TTEE TRUST LRR 98-5589 WD NO REV TO TRUSTS 1/2 INT EACH TRUST Revenue Amount 980.10 Page 1 of 2 http://www.co.washington.anus/PropertySearch/RParcellnfo.asp?ST=N&HN=1&LU=061306&PH=25& 6/14/2006 Real Estate Parcel Information Page 2 of 2 2/20/1996 96 13711 NICKELL, J.C., JR. QC 0 0.00 NO REV 1/1/1985 823 955 NICKELL, J.C. JR. &. WD 0 0.00 LORNA JEAN Structure Number 1 . Business Name Year Constructed Heated Area Nicks Auto Lube Repair & Ser. Grade Condition Sketch: 1953 5212 Story Height Year Remodeled Exterior Wall 4 3 0 .T 2 Out Buildings and Yard Improvements Qty Description Size Quality 1 CANOPIES 580 1 LIFT, FRAME 2 LIGHTING 1 PAVING 3700 1 SIGNS, PLASTIC ILLUM. 36 3 SIGN POSTS OR POLES 6x20 Next Item I Previous Item I Ledger Card I Prev. Ledger Card I Parcel Map I Return to Search Results I Modify Search 1 New Search http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST=N&HN=1 &LU=061306&PH=25& 6/14/2006 %rkansas Secretary of State: Business/ Commercial Services Page 1 of SEARCH .blamer A& uT fh`e oiu e Eleclipru;' Business! ttorrtl i lc ,"stt�i Capitol Groundsp N*Ws?F fdt)cat oral N�atei aT6.,,,-.pr;y, State Capitol, Rm 256 little Rock, AR 72201 501-682-1010 Email Search Incorporations, Cooperatives, Banks and Insurance Companies Corporation Name Fictitious Names Filing # Filing Type Filed under Act Status Principal Address Reg. Agent Agent Address Date Filed Officers Foreign Name Foreign Address State of Origin BEACON FLATS, LLC N/A 800050860 Limited Liability Company Domestic LLC; 1003 of 1993 Good Standing CARLEN HOOKER 397 W. POPLAR SUITE 5 FAYETTEVILLE, AR 72701 01/27/2005 CARLEN HOOKER, Incorporator/Organizer N/A N/A Purchase a Certificate of Good Standing for this Entity Pay Franchise Tax for this corporation Use your browsers back button to return to the Search Results Begln_New Search Site Map 1 Accessibility Policy 1 Privacy Statement 1 Security Statement • 1ttp://www.sosweb.state.ar.us/corps/search corps.php?DETAIL=29387&corp_type_id=&corp_name=beac... 4/13/200( .i •J fes+ •-_ • --! •��Z�.1� 1, ..�• � �`�',TT-�� WinigirSt anal sir $fl fl � P? eT :writ mai 5 wsrwr •y „�;nif rClance Pearman - Res. 147-06 & 148-06 Page 1 • From: Clarice Pearman To: Fields, Yolanda Date: 9.12.06 5:12PM Subject: Res. 147-06 & 148-06 Yolanda, Attached is a copy of the resolutions passed by Council regarding raze and removal of the properties at 95 Clebum Street and 1079 S. Washington Avenue. If anything else is needed please let me know. Thanks. 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