HomeMy WebLinkAbout168-07 RESOLUTION•
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RESOLUTION NO. 168-07
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY NORTH
AMERICAN LIGHTHOUSE PROPERTIES, LLC LOCATED AT 1533
SOUTH DUNCAN IN THE CITY OF FAYETTEVILLE, ARKANSAS;
AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT
OF $3,000.00.
WHEREAS, North American Lighthouse Properties, LLC is the record owner of the real
property situated at 1533 South Duncan Avenue, City of Fayetteville, Washington County, Arkansas,
more particularly described as follows:
WC Parcel Number 765-09617-000; 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, North American Lighthouse Properties, 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, North American Lighthouse Properties, 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 North American Lighthouse Properties, 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.
Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a
budget Adjustment in the amount of $3,000.00 to contract for the razing and removal of said structure.
PASSED and APPROVED this 18th day of September, 2007.
APPROVED. ATTEST:
By:
AN COOD , ayor
4ry,
�••��RKITPC1",.
`.G; G�SY Oc •�F3
:U• °�:
;AYETTVILLE;
By. SONDRA E SMITH,Clerk/Treasurer '��'%.';GrTONC��
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2007
Department: Operation s
Division: Community. Resources
Program: Code Compliance
Date Requested
9/5/2007
Adjustment Number
Project or Item Added/Increased:
$3,000 is requested in Raze and Removal account of the
Community Code Enforcement program
Project or Item Deleted/Reduced:
$ 3,000 from Use of Fund Balance
Justification of this Increase:
For the raze and removal of the structure on 1533 S.
Duncan
Justification of this Decrease:
Did not properly allocate funds to this account
Increase Expense Budget (Decrease Revenue Budget)
Account Name • Account Number Amount Project Number
Raze and Removals
Account Name
1010 6420 5315 04 3,000
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
Use of fund balance
Project Number •
1010 0001 4999 99 3,000
Approval Signatures
By
iu3get Manager
1
ate
Department Director Date
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01.1 0. - 4L
°I S—a7
Finance & Inter a Services Director
Mayor
ate
Date
Budget Office Use Only
Type: A B
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
CI!
Initial Date
Initial Date
lnilial Date
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 1533 S.
Duncan.
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 71
Program Category / Project Name
Raze and Removal
Program / Project Category Name
General Fund
Fund Name
J / Previous Ordinance or Resolution #
Original Contract Date:
ZOOS Original Contract Number:
City Attorne
Received in City
Clerk's Office
Finance a . Internal Service Director
Received in
Mayor's Office
Comments: Staff recommends Raze and Removal of the structure and approval of the budget adjustment.
Revised April 16, 2007
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Yolanda Fields, Community Resources
Date: August 31, 2007
Subject: Raze & Removal of structure on 1533 S. Duncan.
BACKGROUND
Service Request # 35373, Case #4708: Code Compliance responded to a complaint
concerning the structre located at 1533 S. Duncan. 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 May 3, 2007. An agent for the property owner signed the Certifiend Mail receipt on
May 4, 2007. By ordinance, the owner was given until June 4, 2007 to acquired a building
permit or to demolish and remove the structure.
t
DISCUSSION
This parcel contains one story wood frame single family dwelling. The building is not
secured 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
and a budget adjustment.
BUDGET IMPACT
Contracting the raze and removal of the structure would cost approximately $3,000. A
budget adjustment is needed to fund this project. 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 NORTH AMERICAN
LIGHTHOUSE PROPERTIES, LLC LOCATED AT 1533
SOUTH DUNCAN AVENUE IN THE CITY OF
FAYETTEVILLE, ARKANSAS; AND APPROVING A
BUDGET ADJUSTMENT IN THE AMOUNT OF $3,000.00.
WHEREAS, North American Lighthouse Properties, LLC is the
record owner of the real property situated at 1533 South Duncan Avenue,
City of Fayetteville, Washington County, Arkansas, more particularly
descnbed as follows:
WC Parcel Number 765-09617-000; 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, North American Lighthouse Properties, 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']: 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, North American Lighthouse Properties, 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 North American Lighthouse Properties, LLC
does not comply with this order, the Mayor is hereby directed to cause the
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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.
Section 3. That the City Council of the City of Fayetteville,
Arkansas, hereby approves a Budget Adjustment in the amount of
$3,000.00 to contract for the razing and removal of said structure.
PASSED and APPROVED this 18Th day of September, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
May 03, 2007
aye .vile
VIOLATION NOTICE
Owner HOMESTEAD, INC. & NORTH AMERICA LIGHTHC
C/O MEL REED
P.O. BOX 84-40
SPRINGDALE, AR 72762
RE: Property @ 1533 S DUNCAN AVE, Fayetteville, AR
Office of Code Compliance
Phone 479-444-3430
Fax 479-444-3445
WC Parcel # 765-09617-000 Case # 4708
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)575-8237.
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
/4IA /(4444f
PRESTON HAMMONS
Code Compliance Officer
Cc: file
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U.S. Postal Servicer;:;.
CERTIFIED MAIL;, RECEIPT:
-.(Domestic Mali Only No]nsurance Coverage Provided) F`>
...For delivery information visit our website at_wivtv.usps.comD'
OFFICIAL USE
Postage
Certified Fee
O
Return Receipt Fee
(EndorsementRequired)
Restricted Delivery Fee
(Endorsement Required)
7005 1820
Postmark\
Here
NORTH AMERICAN LIGHTHOUSE PROPERTIES, LLC I
C/O MEL REED
1127 S. GUTENSOHN SUITE 101
SPRINGDALE, AR 72762
SENDER: COMPLETE THIS SECTION
• Complete Items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address 6n the reverse
so that we can return the card to you.
• Attach this card to the back of the maitpiece,
I or on the front if space permits.
. Article Addressed to:
COMPLETE THIS SECTION ON DELIVERY
X
Raceby (PAn
V 6 UCt1
O Agent
1�- 0 Addressee
C
Da.�/'TI livery
(
D. Is defrvery address different from item 1'1
If YES, enter delivery address below: 0 NA
NORTH AMERICAN LIGHTHOUSE PROPERTIES, LLC
C/O MEL REED
1127 S. GUTENSOHN SUITE 101
t SPRINGDALE, AR 72762
Mall 0 Express Mail
sd 0 Return Receipt for Merchandise
_ Jail 0 C.O.D.
1 4. Restricted Delivery? (Ertra Fee) 0 Yes
2. Article Number
1
(f2nsfer�lrorri service label)j
PS Form' 3811,.Febmary 2004
7005 1820 0001 9764 8754 I
Domestic Return Receipt wy• k /J jos 102595-02-M-1540
J
epi
ARMAN 5n
Community Resources and Code Compliance
Unsafe Building Violation Determination
Address / Location:
WC Parcel #
1533 S • bu aca,
4? .
-7(496-- 09(,17 - 000
1 have determined that the structure above has become dilapidated, unsafe,
unsanitary, or detrimental to the public welfare.
1 recommend the raze and removal of the structure.
Building Safety Division Director
1 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 TOCRCC
Date Sent:
Date Received:
517,3f373
G5`-- 97o
CR Division Director
August 27, 2007
North American Lighthouse Properties, LLC
c/o Mel Reed
1127 S. Gutensohn Suite 101
Springdale, AR 72762
RE• Enforcement of Fayetteville Code 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
1533 S. Duncan Ave. (Parcel #765-09617-000), 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.
Sincerely,
ode Compliance Administrator
Cc: file
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Real Estate Parcel Information Page 1 of 2
Record 1 of 1 Last Updated 0828/07
Parcel Number 765-09617-000 Prev. Parcel Number: 142989-000-00 Type: RI
Location: 1533 S DUNCAN AVE
Owner Name: NORTH AMERICAN LIGHTHOUSE PROPERTIES LLC
Mailing Address: 1127 S GUTENSOHN STE 101 SPRINGDALE AR 72762
Lot: Block: S -T -R: 21-16-30
Addition: PARKSDALE ADD
School District: FAYETTEVILLE SCH, FAY Tax District: 011
City: FAYETTEVILLE
Legal: LOT 7, PT. LOTS 5-6 BLOCK 2
Current Year A79 Credit Status: VF
Last Appraised: 2007
Land
Improvement
Total
Appraised Value
25,000
4,450
29,450
Taxable Value
5,000
890
5,890
Taxable Ad
Year Value Valorem
Tax
2006 3,887 $204.84
2005 3,588 $189.09
2004 3,289 $170.57
2003 2,990 $158.35
2002 2,990 $155.36
2001 2,838 $147.46
2000 2,580 $135.45
1999 4,900 $250.88
1998 4,900 $251.37
1997 4,900 $251.37
Imp.
Dist.
Tax
$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
Tax History
Voluntary A79 A79 Total
Tax Credit Status Tax
Net Total
Tax
Paid
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$204.84 $0.00
$189.09 $189.09
$170.57 $170.57
$158.35 $158.35
$155.36 $155.36
$147.46 $147.46
$135.45 $135.45
$250.88 $250.88
$251.37 $251.37
$251.37 $251.37
Payment
Status
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
Year Receipt
2005 137968
2004 998028
2003 998028
2002 998028
2001 998028
2000 6076
1999 3214
1998 8721
Payment
Date
10/17/2006
7/2612006
7/26/2006
7/26/2006
7/2612006
4/24/2001
3/29/2000
4/21/1999
Available Tax Payment Receipt(s)
Ad Valorem Imp. Timber Voluntary
Tax Dist. Tax Tax Tax
$189.09 $0.00 $0.00 $0.00
$170.57 $0.00 $0.00 $0.00
$158.35 $0.00 $0.00 $0.00
$155.36 $0.00 $0.00 $0.00
$147.46 $0.00 $0.00 $0.00
$135.45 $0.00 $0.00 $0.00
$250.88 $0.00 $0.00 $0.00
$251.37 $0.00 $0.00 $0.00
Penalty
Tax
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Payment
$189.09
$170.57
$158.35
$155.36
$147.46
$135.45
$250.88
$251.37
Date
Deed History
Book Page Grantee/ Grantee2
06 29864 NORTH AMERICAN PROPERTIES
LIGHTHOUSE LLC
WCS 2006-29864 LIMITED WD #163174
TERHUNE, TRACY
5 26515
L.
7/18/2006 20
5130/1995 9
Deed
Type
LD
Sale
Amount
0
WD 29,000
Revenue
Amount
95.70
http://www.co.washington.ar.us/Property Search/RP arcellnfo.asp?ST=N&HN=1 &LU=082807&P... 8/29/2007
Real Estate Parcel Information
4123/1993 93 25767 HANNAN, STEPHEN 13173 REED
P & ET AL TRUST RD
NO REV
5!1511992 92 24451 HANNAN, STEPHEN
P & CHARLOTTE A.
10!411991 1436 048 BACCHUS, LESLIE
D.
WD 0 0.00
WD 24,000 52.80
WD 22,000 48.40
1/1/1985 743 308 MCBROOM, HOMER 0 0.00
J. & BEULAH M.
Structure Occupancy Construction First Floor Living Total Year Basement
Number Type Type Area Living Area Constructed Area
1 SF FS 552 552 1951
Grade Condition
5
Sketch:
Exterior Wall Fireplace Year Effective
Remodeled Age
A SDNGISHETH 56
20
MN
(552)
28
15
6 OP
(90)
15
Page 2 of 2
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1533 S. Duncan Ave.
1533 S. Duncan Ave.
U9.24.07 Clarice Pearman - Res. 167 & 168 Page -11
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Fields, Yolanda
9.24.07 3:27 PM
Res. 167 & 168
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
9.26.07) Clarice Pearman - Res. 168-07 ' Page 1
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From: Clarice Pearman
To: Fell, Barbara
Date: 9.26.07 9:18 AM
Subject: Res. 168-07
Attachments: 168-07 American Lighthouse -1533 S Duncan pdf
Barbara:
Attached is the above resolution with a signed budget adjustment. I didn't cc you with this on retuming to Yolanda
because it had not been signed for some reason. I will forward you the blue original via interoffice mail. Have a good day.
Thanks.
Clarice
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