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HomeMy WebLinkAbout166-08 RESOLUTION11 RESOLUTION NO. 166-08 A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY TIFFANY R. MAJOR LOCATED AT 402 E. CENTER STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $4,945.00 WHEREAS, Tiffany R. Major is the record owner of the real property situated at 402 E. Center Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-12746-000; 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, Tiffany R. Major, having been properly served with a Violation Notice via Certified Mail, Retum 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, Tiffany R. Major 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 Tiffany R. Major 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 $4,945.00 to contract for the razing and removal of said structure�,.�� G�ERWTRE4�,'',. c\• •'G\T Y O� •;sG�' .U• •t^: FAYETTEVILLE; ldV'(JU fV I,J %-7;47019/CA NSP 4 'QTQN E°J°�� SONDRA E. SMITH, City ClerkTfreasur'e'1'""" ".. PASSED and APPROVED this 2M day of September, 2008. APPROVED: ATTEST: By: DAN COODY, Mayor By: Budget Year 200$ City of Fayetteville, Arkansas Budget Adjustment Form Department: Operations Division: Community Resources Program: Code Compliance Project or Item Added/Increased: $4,945 in the Raze and Removal account Justification of this Increase: Funding is needed for the Raze and Removal of a structure located at 402 East Center Street. Date Requested 8/4/2008 Project of Item Deleted/Reduced: None. $4,945 from the General Fund Use of Fund Balance Account. Adjustment Number Justification of this Decrease: There is sufficient Fund Balance remaining to comply with 2008 obligations. Increase Expense Budget (Decrease Revenue Budget) Account Name Raze and Removals - Account Number 1010 6420 5315 04 Amount 4,945 Project Number Account Name Decrease Expense Budget (Increase Revenue Budget) Account Number Amount Requested Use of fund balance 1010 0001 4999 99 4,945 Project Number Budget Office Use Only 1 Type: A 13 C Depart vent '! irector G ate (tj2 Date ^^�� e oe Date Finance &/Internal Services Director raz Date 6/M" Date Posted lo General Ledger Posted to Project Accounting Entered in Category Log initial Date Initial Date Yolanda Fields Submitted By "8•3• City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/19/2008 City Council Meeting Date Agenda Items Only Community Resources Division Action Required: OcdoU Oro h, /„ , e,,,..,e,A-t M W 04 Q�koiceit c* 8oa6/ogl Operations Department Public Hearing and Resolution to order the Raze and Removal of the unsafe structure located at 402 E. Center St. (WC Parcel # 765-12746-000) 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 rt eAt Director City Attomey 43 Date Finance and Intemal Service Director Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office C.4) Received in Mayor's Office Comments: Staff recommends the Raze and Removal of the structure and approval of the budget adjustment. Revised April 16, 2007 %p-.6/Pell 547 51-10 02, c)-ia' " n CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Yolanda Fields, Community Resources Dir Date: August 22, 2008 Subject: Raze & Removal of structure on 402 E. Center Street. BACKGROUND Service Request # 48553, Case #5721: Code Compliance responded to a complaint concerning the structure located at 402 E Center St. The structure appeared to be in violation of Subsection 173.08, Unsafe Building, of the City Code of Ordinances. 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. Specifically, the Building Safety Division Director observed: Roof and Ceiling collasped; structure unsecure with broken windows and open door; floor rotten; mold; foundation damaged; and vermin. He also determined the "house is beyond repair and is a hazard to the community". This item was tabled indefinely during the June 17, 2008 City Council meeting due to a change in ownership. On June 12, 2008, the property owner filed a Quitclaim Deed with the Washington County Circuit Clerk, File# 2008-00019604. The property was deeded to Tiffany R. Major, the daughter of the previous property owners. On June 13, 2008, an Unsafe Building Notice of Violation was hand delivered to the current property owner, Tiffany R. Major. By ordinance, the owner was given until July 14, 2008 to acquire a building permit or to raze and remove the structure. This item was tabled again during the August 19, 2008 City Council Meeting. DISCUSSION This parcel contains a 1,000 square foot, one story wood frame single family dwelling. The structure is secured, but has deteriorated to a point were it is no longer safe. There is not a current building permit on this structure. RECOMMENDATION Staff recommends a resolution to order the raze and removal of the structure. BUDGET IMPACT Contracting the raze and removal of the structure would cost approximately $4,945. An ad was placed in the newspaper on April 20 and April 27 for bids on the raze and removal of the structure. The lowest winning bid was from Burnett Commercial Contracting Inc , for $4,945. 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 TIFFANY R. MAJOR LOCATED AT 402 E. CENTER STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $4,945.00. WHEREAS, Tiffany R. Major is the record owner of the real property situated at 402 E. Center Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-12746-000; 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, Tiffany R. Major, 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, Tiffany R. Major 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 Tiffany R. Major 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 $4,945.00 to contract for the razing and removal of said structure. PASSED and APPROVED this 2nd day of September, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer Rr City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 June 13, 2008 • Owner TIFFANY R. MAJOR 2710 N. COLETTE FAYETTEVILLE, AR 72703 RE: Property © 402 CENTER aye �vle ..,. VIOLATION NOTICE Office of Code Compliance Phone 479-444-3430 Fax 479-444-3445 WC Parcel # 765-12746-000 Case # 5721 Dear Property Owner. It appears that your property contains a violation of the Fayetteville Unified Development Ordinance. ft is ourgoal to notify and assist propertyowners to cored vitiations of city ordinances before taking actual enforcement actions. B you need clarification of this notice or advice on how to correct the problem, please call our office at. Suspected Violation That Needs Correction: § 173.08 Unsafe Buildings. No persons, partnership, corporation or association, hereinafter referred to as "owned", 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 visitation and be summoned to appear In court. Our office can also suggest the structure be razed and reproved. The costs shah be charged to the owner(s) of the property and the dty shall have a lien against such property for such costs. If you disagree with our conclusion that your property contains a violation of our ordnances, 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 resldence 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 ca9 (479) 575.8270 or 575.8240. Sincerely, BRENTJOHNSON Code Compliance Officer Cc file CITY OF FAYETTEVILLE CODE COMPLIANCE PROGRAM OFFICER DELIVERY FORM Officer delivery is required for the attached document: Notice: 173.08 Unsafe Building Name and Address to Deliver: Tiffany R. Major Z 710 /V, colerrc 14Y4Ws, 1/;lrl1q/t 7 -7O3 Owner/Occupant's Signature: _ rll I; Brent Johnson Program (Officer name—print) Return of Service , of the Code Compliance certify that I provided a true copy of the document described above to: I-1 i rr'/'1 h i 17'1 f4 12 V at the following address; (name of recipient) • Delivery Date G 3.7,9 Time 11; Q U $141 Officer Signature CC Police Officer Delivery Form (notice) Revised (7-05) Page 1 of 1 ye eyi,le August 22, 2008 Tiffany R. Major 2710 Colette Ave. Fayetteville, AR 72703 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 402 E. Center St. (Parcel #765-12746-000), 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 16, 2008 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 (479-575-8323) for information confirming the date of the public hearing. Sincerely, Chad Ball Community Resources Coordinator Cc: file Real Estate Parcel Information Record 1 of 2 Last Updated 08/21/08 Parcel Number: 765-12746-000 Prev. Parcel Number: 145921-000-00 Location: 402 E CENTER ST Owner Name: MAJOR, TIFFANY RONCHELLE Mailing Address: 2710 N COLETTE FAYETTEVILLE AR 72703 Lot: Block: Addition: 15-16-30 COUNTY COURT PLAT School District: FAYETTEVILLE SCH, FAY City: FAYETTEVILLE Legal: PTS 1/2 L; 40-41 NW Current Year A79 Credit Status: V Last Appraised: 2007 Appraised Value Land 26,400 Improvement 55,450 Total 81,850 Type: RI S -T -R: 15-16-30 Tax District: 011 Taxable Value 4,224 9,036. 13,260 Year Taxable Value 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 11,050 10,836 9,933 9,030 8,844 8,107 7,370 7,370 7,370 7,370 Ad Valorem Tax $582.34 $571.06 $515.13 $478.23 $459.53 $421.24 $386.93 $377.34 $378.08 $378.08 Tax History Imp' Timber Voluntary A79 A79 Da Tax. Tax Tax Credit Status $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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Net Total Tax $582.34 $0.00 $571.06 $571.06 $515.13 $515.13 $478.23 $478.23 $459.53 $459.53 $421.24 $421.24 $386.93 $386.93 $377.34 $377.34 $378.08 $378.08 $378.08 $378.08 Total Payment Tax Paid Status PAID PAID PAID PAID PAID PAID PAID PAID PAID Year Receipt 2005 998035 2004 998035 2003 998035 2002 998035 2001 109398 2000 14281 1999 11382 1998 8697 1997 18491 Payment Date 8/23/2007 8/23/2007 8/23/2007 8/23/2007 10/24/2002 10/20/2001 10/2/2000 10/25/1999 10/17/1998 Available Tax Payment Ad Valorem Imp. Dist. Tax Tax $571.06 $515.13 $478.23 $459.53 $421.24 $386.93 $377.34 $378.08 $378.08 $0.00 $0.00 $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 10.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10.00 $0.00 Penalty Tax $0.00 $0.00 10.00 $0.00 $0.00 10.00 $0.00 $0.00 10.00 Payment $571.06 $515.13 $478.23 $459.53 $421.24 $386.93 $377.34 $378.08 $378.08 Date Book Page 6/12/2008 2008 19304 Deed History Grantee/ Grantee2 MAJOR, TIFFANY RONCHELLE LAJ 2008-19304 QC NO REV 8/14/2007 2007 32069 TAYLOR, ROY LEE & SANDRA RUTH LMV 2007-32069 RD #238945 Deed Type QC RD Sale Amount 0 0 Revenue Amount Page 1 of 2 http://co.washington. anus/propertysearch/RParcellnfo.asp?ST=N&HN=1 &LU=082108&PH=25&PT=R... 8/22/2008 Real Estate Parcel Information Page 2 of 2 1/1/1985 805 176 TAYLOR, ROY LEE & WD 0 0.00 SANDRA RUTH 93-26292 RED DEED #89936 (7/1/93) (MC) Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 1 SF FS 987 987 1960 Grade Condition Exterior Wall Fireplace 4 A SIDING Sketch: MN (987) OP12 I 47 6012 8 Year Effective Remodeled Age 47 Out Buildings and Yard Improvements Qty Description Size Quality 1 Outbuilding,metal 6x6 Nextitem 1 Previous Item I Ledger Card 1 Prev. Ledger Card I Return to Search Results I Modify Search 1 New Search http://co.washington.ar.us/propertysearch/RParcellnfo.asp?ST=N&HN=1 &LU=082108&PH=25&PT=R... 8/22/2008 J 111111111111111111111111 Doc D 0 2322 90002 Tvoe REL Recorded 06/ 2/ 008 at 01 63 12 P11 Fee Amt 620.00 Pao of 2 Vashlnaton Count • AR Bette Stamps Clr ult Clerk F1192008-00019604 A [if required by yaw)ursdi on, Est above the name &tea gess of ethis 1) where to return for Recording form 21 preparers 3) party requesting recording -1 Quitclaim Deed Date of this Document s VlC.. 2 dJ,A)il Reference-Nttmber.of AnyelatedDncuments: fJ ad� TLP-�(1—.._.------------- rr,pt Name Street Address City/StatefGp Grantee: Name s� Street Address a -It City/State/hp NM Q NZ Tel10 r �{T \t. C.9tC kilt fli; �0 1 S 1Q Al e i(�ia�or Abbreviated Lggal ptjon (.e., lot, block, plat orsection, township, range, quarter/quarter or unit, building and condo name):“1,111i)11- ir(\ Assessor's Property Tax Parcel/Account Number(s): £)(f111 A 15QUITCLAIM DEED, execut d this 20 6 by first party Grantor, r n mailing address is second party, Grantee, •• •whose -mailing add WITNESSETH tha}Jhe said first party, for good consideration and for the sum of Dollars (S O ) paid by the said second party, the receipt whereof is herebyacknowledged, does hereby remise, elease and quitdaim unto the said second party forever, all the right, title, Interest and daim, ""Waeimm Page 1 art • o 20355ewm Me6t a[ a)98-1 • 10f05e5 . which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of 4State of et w.1 *e.Atit. ?Mr et ctt� nR(tteea.n�a, 'N� th4cg 1Mat. GNraptitleulttlt' eeteritaa :%'t, $o it sa papa ort. nie 4d tao rwitte salt S. fat vat'ot: to ynret - ,E?s!Y aa+a tsaet� .ad iwfhint thence 1!ttt rmnt7f':et�r int t t, uon or tM tat lire ot,t$lltt *S at r• rd..et '''. *i ttititT4.iva prat tut a; the toutMa*',stair pt the oip.h0aerW Ettl ;alorta es Bait ller of VU.lior Anne OM brand too te! Lits-teatfia . -,,'MR., larridM pit Mvst*y-an latoSadthig tMti ewe $oust one eed Asti tomo or cant to thy pLoa etbaglmdnq. E i. j_..-_.._.»....wF, , in the presence of. ,y Y , Signature of Witness Print Name of Witness • Kes1-:rt Ftetkor- Signature of witness eO Print Name of Witness 04141€11^e... i g) Rl‘• Signature.of Grantor hint Name of Grantor State of .-ic-% o_ "0—n ct A) ) County of C1) L4 4+ okz ) • • on Rata T lit— end appeared d &retro.. caul. � 7 before me, f ti ( to me on the basis of satisfactoryevidence) to be theo ars subscnqllyribed knownto to m i Wit(or hin ) person(s) whose n�cie(s) is/are subsvibed to.the viithin instrument and admowledged to me that he/she/they executed the same in his/her/their authorized capadty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of.whidr the person(s) acted, executed the Instrument WITNESS'my handseal and official 11 Sigdafure of Notary . • Affiant Known X produced ID Type of ID • AR -0L'' • ' (Seal) CFFIC ALSEAL SASNAMAYO Nd7ARWFueUC.ARKANSASI. MISSlot 951 717 hgeldl ormssoomttOaoc • • • Yolanda Fields Submitted By City of Fayetteville Staff Review Form City Council Agenda Items • and Contracts, Leases or Agreements 6/1712008 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 unsafe structure located at 402 E. Center St. (WC Parcel # 765-12746-000) 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./ ProjectCategory Name General Fund Fund Name De'- Amentr're or CDT/ City Attorney Saw Date tter Dat Finance and Internal Service Director 6d. zsor Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number. Comments: Staff recommends the Ram and Removal of the structure and approval of the budget adjustment. Revised April 16, 2007 -2-r44/1 /4 &m, /4 e)// (0// 708 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Yolanda Fields, Community Resources Director Date: August 1, 2008 Subject: Raze & Removal of structure on 402 E. Center Street. BACKGROUND Service Request # 48553, Case #5721: Code Compliance responded to a complaint concerning the structure located at 402 E. Center St. The structure appeared to be in violation of Subsection 173.08, Unsafe Building, of the City Code of Ordinances. 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. This item was tabled indefinely during the June 17, 2008 City Council meeting due to a change in ownership. On June 12, 2008, the property owner filed a Quitclaim Deed with the Washington County Circuit Clerk, File# 2008-00019604. The property was deeded to Tiffany R. Major, the daughter of the previous property owners. On June 13, 2008, an Unsafe Building Notice of Violation was hand delivered to the current property owner, Tiffany R. Major. By ordinance, the owner was given until July 14, 2008 to acquire a building permit or to raze and remove the structure. DISCUSSION This parcel contains a 1,000 square foot, one story wood frame single family dwelling. The structure is secured, but has deteriorated to a point were it is no longer safe. There is not a current building permit on this structure. RECOMMENDATION Staff recommends a resolution to order the raze and removal of the structure. BUDGET IMPACT Contracting the raze and removal of the structure would cost approximately $4,945 An ad was placed in the newspaper on April 20 and April 27 for bids on the raze and removal of the structure. The lowest winning bid was from Burnett Commercial Contracting Inc., for $4,945. 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. Code Compliance Program Unsafe Building Violation Determination Address /Location: 402 E. Center (NE Corner of Center and Willow) WC Parcel # 765-12746-000 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 recommend securing the structure. Building Safety Division Director Observations: Ica / Ce Ida 4:a (oJLpe..O / & , kcw e („) , 4e, bi (reit) (.J i Fin C d-q,N 1-772-0/ Heck j2ci fteFuaa4¢,J / iyi n /I / ab �.4\mAyn !!/ I/42n-1cnSo 7/Ate 4ousv lc a.c)b /Zep_ea 4,10 its A hA-2,42o h 1 t. CAd.f cir71..x{j . .A5 (C -- I have determined that the structure above is not in violation of Subsection 173.08 (A) of the Fayetteville Code Of Ordinances. Building Safety Division Director PLEASE RETURN THIS FORM TO CODE COMPLIANCE Date Sent: Date Received: Au.ust22,2008 SR# 55064 Case# 5721 Community Resources Division Director CCFORM 602 (REV 03/2007) r