HomeMy WebLinkAbout249-08 RESOLUTION•161.1 -
RESOLUTION NO. 249-08
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY TRAVIS
GETZENDANER LOCATED AT 3250 E. WYMAN ROAD IN THE CITY
OF FAYETTEVILLE, ARKANSAS; AND APPROVING THE USE OF
FUNDS FROM A PREVIOUS BUDGET ADJUSTMENT
WHEREAS, Travis Getzendaner is the record owner of the real property situated at 3250 E.
Wyman Road, City of Fayetteville, Washington County, Arkansas, more particularly described as
follows:
WC Parcel Number 765-02236-000; 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, Travis Getzendaner, 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, Travis Getzendaner 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 Travis Getzendaner 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 the use,%IIT,,?,
of funds from a previous budget adjustment. `„�.�` :9TRtt'(.,,�
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;FAYETTEVILLE;
5
By: � /� By: ‘.(;Ve!G70N CP.• .
•
SONDRA E. SMITH, City Clerkffreasurer uian,r
PASSED and APPROVED this 16th day of December. 2008.
APPROVED:
ATTEST:
DAN COODY, Mayor
Budget Year
2008
City of Fayetteville, Arkansas
Budget Adjustment Form
Department: Operations
Division: Community Resources
Program: Code Compliance
Project or Item Added/Increased:
$2,650 in the Raze and Removal account
Justification of this Increase:
Funding is needed for the Raze and Removal of a
structure located at 3250 E. Wyman Road.
Date Requested
10/2/2008
Adjustment Number
Project or Item Deleted/Reduced:
$2,650 from the General Fund Use of Fund Balance
Account
Justification of this Decrease:
There is sufficient Fund Balance remaining.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Raze and Removals
Account Name
1010 6420 5315 04 2,650
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
Use of fund balance
1010 0001 4999 99 2,650
Project Number
Budget Manager
Date
Department Director Date
16-n-07
Finance & Internal Services Director Date
Mayor Date
Budget Office Use Only
Type: A B C C it E
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
•
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/18/2008
City Council Meeting Date
Agenda Items Only
Community Resources
Division
Action Required:
Operations
go
/Meld
owl
Gtfzan daner
Mat Alin&
Department
Public Hearing and approval of Resolution to order the Raze and Removal of the unsafe structure located at 3250 E.
Wyman Rd. (WC Parcel # 765-02236-000), and approval to utilize existing balance from previous budget adjustment.
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
Department Dire
•
111 Previous Ordinance or Resolution #
Date
C-31
(
City Attorney Date
P4 Q .
Finance and Internal Service Director
Ma .r
-3 D8
Date
Date
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
if (-a -o91it
Comments: Staff recommends the Raze and Removal of the structure and utilization of funds from previous 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 Direc
Date: October 22, 2008
Subject: Raze & Removal of structure on 3250 E. Wyman Road
BACKGROUND
Unsafe structures pose a threat to life and property. Structures may become unsafe by reason of
damage by fire, or other casualty damage, the elements, age or general detenoration. A
dilapidated structure may also serve as a place of rodent infestation, thereby creating a health
menace to the community. Locations that are in disrepair and not removed constitute a
dangerous, unhealthy and unsightly condition. It is the purpose of this raze and removal request
to provide for the safety, health, protection and general welfare of persons and property in the
City of Fayetteville.
Service Request # 72338, Case #8224. Washington County Parcel 765-02236-000.
Code Compliance responded to a complaint concerning the structure located at 3250 E. Wyman
Road. The structure appeared to be in violation of City Code 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 City Code 173.08, Unsafe Buildings, of the City
Code of Ordinances.
The following are observations of the condition of the structure:
o Roof and Ceiling collasped.
o Structure unsecure with broken windows and open door.
o Floor rotten, possible mold damage.
o Hazardous to anyone entering the structure.
On July 3, 2008, an Unsafe Building Notice of Violation was sent by Certified Mail to the
current property owners, Travis Getzendaner I C/O Pat Matsukis. On July 5, 2008, the Certified
Mail was signed for by Pat Matsukis. By ordinance, the owner was given until August 5, 2008
to acquire a building permit or to raze and remove the structure.
DISCUSSION
This parcel contains a 900 square foot, one story wood frame single family dwelling. The
structure is unsecured and has deteriorated to a point were it is unsafe. 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
Raze and removal cost for this location is approximately $2,650. From a previous budget
adjustment will be used 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 IRAVIS
GETZENDANER LOCATED AT 3250 E. WYMAN ROAD IN THE CITY
OF FAYETTEVILLE, ARKANSAS; AND APPROVING THE USE OF
FUNDS FROM A PREVIOUS BUDGET ADJUSTMENT
WHEREAS, Travis Getzendaner is the record owner of the real property situated at 3250 E.
Wyman Road, City of Fayetteville, Washington County, Arkansas, more particularly described as
follows:
WC Parcel Number 765-02236-000; 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, Travis Getzendaner, 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, Travis Getzendaner 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 Travis Getzendaner 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 the use
of funds from a previous budget adjustment.
PASSED and APPROVED this 18th day of November, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E SMITH, City Clerk/Treasurer
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Code Compliance Program
Unsafe Building Violation Determination
Address / Location: 3250 E. Wyman Road
WC Parcel # 765-02236-000
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
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:
Ju a 25, 2008
1•
SR# 72338
case# 12,7Y
Community Resources Division Director
CCFORM 602
(REV 03/2007)
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
July 03, 2008
aye exile
ARKANSAS
VIOLATION NOTICE
Owner TRAVIS I GETZENDANER
C/O PAT MATSUKIS
5 MOUNTAIN
EUREKA SPRINGS, AR 72632
RE: Property @ FORMERLY KNOWN AS 3250 WYMAN RD.
Office of Code Compliance
Phone 479-444-3430
Fax 479-444-3445
WC Parcel # 765-02236-000 Case # 8224
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)575-0237.
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
JOSHUA KNIGHT
Code Compliance Officer
Cc: file
SENDER: COMPLETE THIS SECTION
• Complete kerns 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 mailplecee
or on the front if space permits.
1. Article Addressed to:
TRAVIS GETZENDANER
CIO PAT MATSUKIS
5 MOUNTAIN
EUREKA SPRINGS , AR 72632
COMPLETE THIS SECTION ON DELIVERY
X
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❑ Agent
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D. Is delivery address dl fetent from Item 1? 0 Yes
If YES, enter delivery address below: 0 No
livery i
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4. Restricted Delvety? (Extra Fee)
❑ Yes
2. Article Number, i{ i ,
(Transfer %,n MrSioa fate° t•
70D7; 1M5Di UOD5,1Ok15; 678;3;
'RS Form 3811, February good'
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U.S. Postal Servicerr.,
CERTIFIED MAIL:, RECEIPT
• (Domestic Mail Only; No Insurance Coverage Provided)
For delivery Information visit our website at www.usps.come: ;
OFFICIAL USE
Postage
Certified Fee
Retum Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
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Total Postage & Fees
$
7.3-35
Postmark
Here
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Sent To
street, rpt Aa;
or PO Box Na
ay, State, ZIP+4
PS Form 3800. August 2006
See Reve
for Instructions
•
Wttcvile
October 2, 2008
Travis I. Getzendaner C/O Pat Matsu
5 Mountain
Eurecka Springs, AR 72632
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 3250 E Wyman Road (Parcel #765-02236-000), 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 November 4, 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
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 mailpiecern
or on .tz fin". ite
i 1. Anici TRAVIS 1. GETZENDANER
i
C/O PAT MATSUKIS
5 MOUNTAIN
t EUREKA SPRINGS, AR 72632
5960 w Yr7wL.
dam
COMPLETE THIS SECTION ON DELIVERY
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O Insured Mall 0 C.O.D.
1
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Nurinbtir r r ; r ; . I
(Transfer from service labeq !
1P8 Form13811, Febnitfy 2004 ' : ' Domestic Return Receipt
7007 3021 0000 5840 5427
0000 5840 5427
7007 3020
102595-02-M.15401
.U.S,.Posta I ServiceTM
CERTIFIED MAIL,,, RECEIPT'"
(Domestic Mali Only-; No Insurance Coverage Provided)
For delivery information visit our website at www: sps.coma
OFFICIAL USE
Postage
Certified Fee
Return Receipt Fee
(Endorsement Requhed)
Restricted naively Fee
(Endorsement Required)
Total Postage & Fees
Sent To
SWElf,"kot710.;
or PO Box No.
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Postmark
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Ply, State, Z(P.4
PS Form 380D. August 200611. See Reverse for Instructions
Real Estate Parcel Information
Record 1 of 1 Last Updated 10/13/08
Parcel Number: 765-02236-000
Location: 3250 E WYMAN RD
Owner Name: GETZENDANER, TRAVIS IC/O PAT MATSUKIS
Mailing Address 5 MOUNTAIN EUREKA SPRINGS AR 72632
Lot: Block:
Addition: ANDERSON FARM PLAT
School District: FAYETTEVILLE SCH, FAY
City: FAYETTEVILLE
Legal: W/2 L3 E82.5 L 4 NE SW 13-16-3 0 71/2A
Current Year A79 Credit Status: V
Last Appraised: 2007
Land
Improvement
Total
Prev. Parcel Number: 136135-000-00
Appraised Value
78,750
4,550
83,300
Type: RI
S -T -R: 13-16-30
Tax District: 011
Taxable Value
13,478
910
14,388
Taxable Ad
Year Value Valorem
Tax
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
13,189
11,990
11,952
10,956
9,960
9,960
9,960
11,270
11,270
11,270
11,270
$680.55
$631.87
$629.87
$568.18
$527.48
$517.52
$517.52
$591.68
$577.02
$578.15
$578.15
Imp. Timber
Dist. 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
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Tax History
Voluntary A79 A79
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
V
V
V
Net Total
Total Tax Paid
Tax
$680.55
$631.87
$629.87
$568.18
$527.48
$517.52
$517.52
$591.68
$577.02
$578.15
$578.15
$680.55
$631.87
$629.87
$568.18
$527.48
$517.52
$517.52
$591.68
$577.02
$578.15
$578.15
Payment
Status
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
Year Receipt Payment
Date
2007
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
11667
57563
107285
87268
55853
67325
71914
56883
12348
7907
8470
10050
04/24/2008
10/08/2008
10/4/2007
9/25/2006
7/22/2005
9/15/2004
9/15/2003
9/5/2002
9/10/2001
9/6/2000
9/15/1999
9/1/1998
Available Tax Payment
Ad Valorem Imp. Dist.
Tax Tax
$170.14
$510.41
$631.87
$629.87
$568.18
$527.48
$517.52
$517.52
$591.68
$577.02
$578.15
$578.15
$0.00
$0.00
$0.00
$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
$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
Penalty
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
Payment
$170.14
$510.41
$631.87
$629.87
$568.18
$527.48
$517.52
$517.52
$591.68
$577.02
$578.15
$578.15
Date Deed Ref.
Deed History
Grantee/ Grantee2
7/19/2005 2005- GETZENDANER, TRAVIS I
Deed Sale
Type Amount
WD 113,000
Revenue
Amount
372.90
Page 1 of 2
http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST=N&HN=1 &LU=101308&PH=25... 10/14/2008
t
Real Estate Parcel Information Page 2 of 2
33451
JRK 2005-33451 WD $372.90 REV (113M)
1/111985 82-136 JACKSON, CHARLES 0 0.00
EDWARD
Structure Occupancy Construction First Floor Living Total Living Year Basement
Number Type Type Area Area Constructed Area
1 SF FS 912 912 1936
Grade Condition Exterior Wall Fireplace Year Effective
Remodeled Age
7 A COMP.SHNGL 71
Sketch:
MN
(912)
3
2
4
Next Item I Previous Item I Ledger Card I Prev. Ledger Card I Parcel Map 1 Return to Search Results 1 Modify Search 1 New
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http://www.co.washington. ar.us/PropertySearch/RParcellnfo. asp? ST=N&HN=1 &LU=101308&PH=25... 10/14/2008
Clarice Pearman - Res. 249-08
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Fields, Yolanda
12.22.08 11:56 AM
Res. 249-08
Audit; Ball, Chad; Fell, Barbara
Audit; Ball, Chad; Fell, Barbara
Page 1 of 1
Yolanda:
Attached is a copy of the above resolution passed by City Council regarding the Getzendaner raze and remove. I am
forwarding the Budget & Research the original budget adjustment. Please let me know if there is anything else needed for this
item. Have a good dayl
Thanks.
Clarice
file://C: \Documents%20and%20Settings\cpearman.000\Local%20 Settings\Temp\XPgrpwise\494F808AF... 12.22.08
1.02.2008 10:51