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HomeMy WebLinkAbout167-07 RESOLUTION• • RESOLUTION NO. 167-07 A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY THE HEIGHTS, LLC LOCATED AT 1989 EAST MISSION BOULEVARD IN THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, The Heights, LLC is the record owner of the real property situated at 1989 East Mission Boulevard, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-13363-000; 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, The Heights, 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, The Heights, 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. Section 2. That, if The Heights, 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 18th day of September, 2007. APPROVED: / ATTEST: By `.... rerrrr4,�_. F*c 'E,\S Y Oklo ict U••p4 E : FAYETTEVILLE: W9/fA NSP. J���`. iy Ga ��.. DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer AIM Yolanda Fields Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/18/2007 City Council Meeting Date Agenda Items Only Community Resources Division Action Required: Operations Department Public Hearing and Resolution to order the Raze and Removal of the dilapidated structure located at 1989 E. Mission. Cost of this request 1010.6420.5315.04 Account Number Project Number Budgeted Item $ Category / Project Budget Funds Used to Date Remaining Balance �., Budget Adjustment Attached Program Category / Project Name Raze and Removal Program / Project Category Name General Fund Fund Name Depa ment Director if City Attorney a._ $s tL— Finance antemal Service Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: c1-5-07 Mayor Date Received in Mayor's Office Comments: Staff recommends Raze and Removal of the structure — -- - Revised April 16, 2007 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Yolanda Fields, Community R- : rces D Date: September 5, 2007 Subject: Raze & Removal of structure on 1989 E Mis on Blvd. BACKGROUND Service Request # 49218, Case #6034: Code Compliance responded to a complaint concerning the structre located at 1989 E. Mission Blvd. The structed appeared to possibly be in violation of Subsection 173.08, Unsafe Building, of the City Code of Ordinaces. The Building Safety Division Director inspected the property and determined that the structure was in violation of Subsection 173.08, Unsafe Buildings, of the City Code of Ordinances. An Unsafe Building Notice of Violation was sent by Certified Mail to the property owner on April 5, 2007. An agent for the property owner signed the Certifiend Mail receipt on April 6, 2007. By ordinance, the owner was given until May 7, 2007 to acquired a building permit or to demolish and remove the structure. DISCUSSION This parcel contains one story single family dwelling. The building is not secured , has significant fire damage, and has deteriorated to a point were it is no longer safe. There is not a current building permit on this structure. RECOMMENDATION Staff recommends approval of a resolution to order the raze and removal of the structure. BUDGET IMPACT Contracting the raze and removal of the structure would cost approximately $6,000. A Raze and Removal account balance in the amount of $6,350 is available from a previous project, 1762 Stirman. The cost will 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 THE HEIGHTS, LLC LOCATED AT 1989 EAST MISSION BOULEVARD IN THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, The Heights, LLC is the record owner of the real property situated at 1989 East Mission Boulevard, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-13363-000; 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, The Heights, 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, The Heights, 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. Section 2. That, if The Heights, 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 18th day of September, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 VIOLATION NOTICE April 05, 2007 Owner THE HEIGHTS, LLC CIO: MITCHELL MASSEY 397 W. POPLAR ST. FAYETTEVILLE,AR 72701 RE: Property © 1989 E MISSION BLVD, Fayetteville, AR Office of Code Compliance Phone 479-444-3430 Fax 479-444-3445 WC Parcel # 765-13363-000 Case 11 6034 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 andthe 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, DREW DICKEY Code Compliance Officer Cc: file 9764 9744 rR 0 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee IL (Endorsement Required) U.S. Postal.ServiceTr• CERTIFIED MAIL;; RECEIPT (Domestic Mail Only, No Insurance Coverage Provided) --' For:delivery informationvisw it our website at ww.uspsdoma- OFFICIAL USE Postage Certified Fee r1 ul 0 0 r` Total Postage & Fees E $ Postmark Here o7 Sam To orPOBox No. %N6 loo3q bb state,m3+4 PS Form 3800. dune 2002 1. See Reverse ler Instruction SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 H 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 mailpiece, or on the front If space permits. 1. Article Addressed to: THE HEIGHTS, LLC Cf0 MITCHELL MASSEY 397 W. POPLAR ST. i FAYETTEVILLE, AR 72701 • COMPLETE THIS SECTION ON DELIVERY g ure edp'y nted N t Q— '( 1 C r`.tll • gent I Addressee'. off Delivery D. Is delivery addre R YES, enter del &es APR 0 9 2007 C Fi. C,, C 3. Service Type AI Certified Mail ❑ Registered 0 Insured Mall O Express Mail O Retum Receipt for Merchandise O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number • (Transfer from seivfce labeI) 7005 1820 0001 9764 9744 PS Forth 3811, February 2004 Domestic Return Receipt 6031( lav 10259502-M-1540 • TaTeattc-iy;le Code Compliance Program Unsafe Building Violation Determination Address / Location: 1989 E. Mission Blvd. WC Parcel # 765-13363-000 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. 110 I recommend securing the structure. 721-1 S - Building Safety Division Director I have determined that the structure above is not in violation of Subsection 173.08 of the Fayetteville Code Of Ordinances. Building Safety Division Director PLEASE RETURN THIS FORM TO CODE COMPLIANCE Date Sent: Date Received: April 11, 2007 • SR# 49218 Case# 00599 Community Resources Division Director CCFORM 602 (REV 0312007) August 28, 2007 The Heights, LLC c/o Mitchell Massey 397 W. Poplar St. 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 1989 E. Mission Blvd. (Parcel #765-13363-000), 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 September 18, 2007 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 1Y, d Ball Code Compliance Administrator Cc: file Real Estate Parcel Information Record 1 of 1 Last Updated 0828/07 Parcel Number: 765-13363-000 Prev. Parcel Number: 146527-000-00 Location: 1989 E MISSION BLVD Owner Name: THE HEIGHTS, LLC Mailing Address: 397 W Poplar St Fayetteville AR 72703-2438 Lot: Block: Addition: 2-16-30 FAYETTEVILLE OUTLOTS School District: FAYETTEVILLE SCH, FAY City: FAYETTEVILLE Legal: PT E/2 SE SW 1.16 A. Current Year A79 Credit Status: V Last Appraised: 2007 Appraised Value Land 53,100 Improvement 1,550 Total 54,650 • Type: RI S -T -R: 02-16-30 Tax District: 011 Taxable Value 10,620 310 10,930 Tax History Taxable Ad Imp. Timber Voluntary A79 A79 Year Value Valorem Dist. Tax Tax Credit Status Tax Tax 2006 2005 2004 13,390 2003 13,140 2002 13,140 2001 13,140 2000 13,140 1999 13,140 1998 13,140 1997 13,140 23,010 $1,212.63 $0.00 $0.00 $0.00 DELINQUENT $694.41 $695.89 $682.75 $682.75 $389.85 $672.77 $674.08 $674.08 $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 V $0.00 $300 F $0.00 $300 F $0.00 $300 F $0.00 $300 F $0.00 0 $0.00 $0.00 $0.00 Net Total Tax $1,212.63 $394.41 $435.48 $382.75 $382.75 $389.85 $672.77 $674.08 $674.08 Total Payment Tax Status Paid $0.00 $394.41 $435.48 $382.75 $382.75 $389.85 $672.77 $674.08 $674.08 PAID PAID PAID PAID PAID PAID PAID PAID Year Receipt 2004 39379 2003 118710 2002 69573 2001 107599 2000 17979 1999 6035 1998 6386 1997 14023 Available Tax Payment Receipt(s) Timber Voluntary Penalty Tax Tax Tax Payment Ad Valorem Imp. Date Tax Dist. Tax 5/10/2005 $394.41 $0.00 $0.00 10/15/2004 $395.89 $0.00 $0.00 9/11/2003 $382.75 $0.00 $0.00 10/23/2002 $382.75 $0.00 $0.00 10/11/2001 $389.85 $0.00 $0.00 10/19/2000 $672.77 $0.00 $0.00 10/1/1999 $674.08 $0.00 $0.00 10/9/1998 $674.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $39.59 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Payment $394.41 $435.48 $382.75 $382.75 $389.85 $672.77 $674.08 $674.08 Date 10/7/2005 5/1/2005 8/15/2001 Deed History Book Page Grantee/ Grantee2 2005 45159 THE HEIGHTS, LLC SN 2005-45159 WD $660 REV(200M) 2005 19860 CURTIS, RANDY BJF WD 2005 19860 $462 REV(140M) 2001 22207 WEYGANDT, PAULINE Deed Type WD WD QT Sale Amount 200,000 140,000 0 Revenue Amount 660.00 462.00 0.00 Page 1 of 2 http://www.co.washington.anus/PropertySearch/RParcelInfo.asp?ST=N&HN=I &LU=082807&P... 8/29/2007 Real Estate Parcel Information PML 2001-22207 QT QUIET TITLE E-2001-1209-4 1/1/1985 585 372 WEYGANDT, 0 0.00 JAMES E. Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 1 SF MV 1617 1617 1957 Grade Condition Exterior Wall Fireplace Year Effective Remodeled Age 4 A MASONVEN ISG 50 25 3 CP 4 (850) OP 1 0(240) 24 0 Sketch: 49 25 MN (1617) 49 L13J Out Buildings and Yard Improvements Qty Description Size Quality 1 Driveway, asphalt 13x15 1 Driveway, asphalt 8x85 Page 2 of 2 Next Item I Previous Item I Ledger Card I Prev. Ledger Card I Return to Search Results I Modify Search I New Search • http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST=N&HN=1 &LU=082807&P... 8/29/2007 Arkansas Secretary of State: Business/ Commercial Services Page 1 of 1 SEARCH Homer Aboutahe Office Elections ^' m Business,/, Commercial, Services Capitol •Grounds.) Newt) Educationol ,Materials State Capitol, Rm 256 Little Rock, AR 72201 501-682-1010 Email Search Incorporations, Cooperatives, Banks and Insurance Companie 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 THE HEIGHTS, L.L.C. N/A 800056666 Limited Liability Company Domestic LLC; 1003 of 1993 Not Current MITCHELL MASSEY 1925 OLD WIRE ROAD FAYETTEVILLE, AR 72703 04/14/2005 MORGAN HOOKER , Incorporator/Organizer BRANDON BARBER , Tax Preparer N/A N/A Pay Franchise Tax for this corporation LLC Member information is now confidential per Act 865 of 2007 Use your browser's back button to retum to the Search Results Begin New Search Site Map 1 Accessibility Policy 1 Privacy Statement 1 Security Statement http://www. sos.arkansas.gov/corps/search_corps.php?DETAIL=275478&corp_type_id=&corp_na... 8/29/2007 9.24.07 Clarice Pearman - Res. 167 & 168 From: Clarice Pearman To: Fields; Yolanda Date: 9.24.07 3:27 PM Subject: Res. 167 & 168 Attachments: 168-07 American Lighthouse -1533 S Duncan.pdf; 167-07 The Heights -1989 E Mis sion Blvd.pdf CC: Audit Yolanda: • Attached are copies of the above resolutions regarding the raze and removal of 1989 East Mission and 1533 South Duncan Avenue. I will forward you budget adjustment to Budget & Research. Please let me know if there is anything else needed. Have a good day. Thanks. Clarice • • Page 1 1989 Mission 4 'jam 41.' r 'l•:.` r1;• ^1 ,y ...t ea• ,� '. i 1989 Mission AIVIIMPSilaileillilliall