HomeMy WebLinkAbout223-09 RESOLUTIONRESOLUTION NO. 223-09
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED
AND UNSAFE STRUCTURE OWNED BY BOBBY E. YORK AND LOCATED AT
369 E. CENTER STREET IN THE CITY OF FAYETTEVILLE, AND APPROVING A
BUDGET ADJUSTMENT
WHEREAS, Bobby E. York, is the record owner of the real property situated at 369 E. Center
Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC
Parcel Number 765-12733-000; 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, Bobby E. York, record owner of the property, 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; and,
WHEREAS, a public hearing has been conducted before the City Council pursuant to the
requirements of law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: By the authority granted pursuant to A.C.A. §I4-56-203, and in accordance with the
provisions of Ordinance No. 3948 of 1996 (§ 173.08 of the Fayetteville City Code), Bobby E. York,
record owner of the property, 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: 1f Bobby E. York, record owner of the property, 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.. §I4-
54-904, for the costs associated therewith.
Section 3: A budget adjustment in the amount of $5,920.00 for the project is hereby approved.
PASSED and APPROVED this 3rd day of November, 2009.
APPROVED:
By:
O1+7ELD JON, Mayor
ATTEST:
By: a4iew c.G Mutt
SONDRA E. SMITH, City Clerk/�ctaesunar,,
�' C)' K/TR�016
USG 'C,\Z Y Op sG�
,,.
:FAYETTEVILLE:
' 3
WPM
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or. Agreements
11/3/2009
City Council Meeting Date
Agenda Items Only
Community Services
Division
Action Required:
Development Services
Department
Public Hearing and Resolution to order the Raze and Removal of the unsafe structure located at 369 E. Center Street
(WC Parcel # 765-12733-000) and approval of a Budget Adjustment in the amount of $5,920.00
5,920.00
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
x
Program Category / Project Name
Raze and Removal
Program / Project Category Name
General Fund
Fund Name
kicui et.
Finance and Internal Services Director
Date
Previous Ordinance or Resolution #
Original Contract Date:
/b -(Y -D y Original Contract Number:
Date /
b-lY•UM
Date
/0 -/C-07
Date
/Ory
D e
Comments: Staff recommends the Raze and Removal of the structure and approval of the budget adjustment.
Revised January 15, 2009
CITY COUNCIL AGENDA MEMO
To:
Thru:
From:
Date:
Subject:
Mayor and City Council
Jeremy Pate, Development Services Department Director
Yolanda Fields, Community Services Dire
October 12, 2009
Raze and Removal of structure on 369 E Center Street
RECOMMENDATION
Staff recommends approval of the Resolution ordering the Razing and Removal of a dilapidated
and unsafe structure located at 369 E Center Street. Staff also recommends approval of the
budget adjustment in the amount of $5,920.00.
BACKGROUND
Service Request # 84990, Case # 10150: Code Compliance responded to a request concerning
the structure located at 369 E Center Street. The structure appeared to be in violation of
Subsection 173.08(A), Unsafe Buildings, of the City Code of Ordinances. The Chief Building
Official inspected the property and determined that the structure was in violation of Subsection
173.08(A), Unsafe Buildings, of the City Code of Ordinances. Specifically, the Chief Building
Official observed: Roof, Walls and Front Porch rotten and collapsing.
On May 21, 2009, an Unsafe Building Notice of Violation was sent to the property owner,
Bobby York. On May 26, 2009, our office received the Certified Mail Receipt signed by the
property owner. By ordinance, the property owner was given until June 26, 2009 to acquire a
building permit or to raze and remove the structure.
DISCUSSION
This parcel contained a 1,092 square foot, one story wood frame single family dwelling. The
structure is secured, but has deteriorated to a point where it is no longer safe. There is not a
current building permit on this structure.
BUDGET IMPACT
Raze and Removal of the structure cost $5,920.00 if the property owner does not comply with
the Raze and Removal order.
RESOLUTION NO.
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY BOBBY E.
YORK AND LOCATED AT 369 E. CENTER STREET IN THE CITY OF
FAYETTEVILLE, ARKANSAS, AND APPROVING A BUDGET
ADJUSTMENT
WIIEREAS, Bobby E. York, is the record owner of the real property situated at 369 E.
Center Street, City of Fayetteville, Washington County, Arkansas, more particularly described as
follows: WC Parcel Number 765-12733-000; 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, Bobby E. York, record owner of the property, 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; and,
WHEREAS, a public hearing has been conducted before the City Council pursuant to
the requirements of law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: By the authority granted pursuant to A.C.A. § 14-56-203, and in accordance
with the provisions of Ordinance No. 3948 of 1996 (§ 173.08 of the Fayetteville City Code),
Bobby E. York, record owner of the property, 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: If Bobby E. York, record owner of the property, 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: A budget adjustment in the amount of $5,920.00 for the project is hereby
approved.
PASSED and APPROVED this 3rd day of November, 2009.
APPROVED.
ATTEST:
By:
SONDRA SMITH, City Clerk
By:
LIONELD JORDAN, Mayor
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2009
Department: Operations
Division: Community Resources
Program: Code Compliance
Date Requested
10/6/2009
Adjustment Number
Project or Item Added/Increased:
$5,920 added to the Raze and Removal Account in case
of non-compliance to the Raze and Removal request.
Project or Item Deleted/Reduced:
Justification of this Increase:
Funding is needed for the Raze and Removal of a
structure located at 369 E. Center.
Justification of this Decrease:
Account Name
Raze And Removals
Account Name
Use of Fund Balance
Increase Budget
Account Number
1010 6420 5315 04
Decrease Budget
Account Number
1010 0001
4999 99
Amount
5,920
Amount
5,920
Project Number
Project Number
t
visio�" ead////�
J
Budget Director
Defartmen irector
Finance Dir
Chief of Staff
Mayor
tor
/0 -0
Date
0 •-p l
Date
Date
►0- l`1 -10o9
Date
Date
V.090403
Budget & Research Use Only
Type: A B C E
Requested By
General Ledger Date
Posted to General Ledger
Posted to Project Accounting
Initial
Date
Initial Date
a��e..evi11e
Code Compliance Program
Unsafe Building Violation Determination
Address / Location: 369 E. Center St.
WC Parcel # 765-12733-000
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.
Chief Building Oficial
Observations: 4 -ac, v a.Lr, •
5
I have determined that the structure above is not in violation of Subsection
173.08 (A) of the Fayetteville Code Of Ordinances.
Chief Building Official
PLEASE RETURN THIS FORM TO CODE COMPLIANCE
Date Sent:
SR# 84990
Case#
Community Services Division Director
CCFORM 602
(REV 03/2007)
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
May 21, 2009
Owner BOBBY ET AL YORK
124 E. MOUNTAIN
FAYETTEVILLE, AR 72701
aye evi le
ARKANSAS
VIOLATION NOTICE
1
Office of Code Compliance
Phone 479-575-8260
Fax 479-444-3445
RE Property @ 369 E CENTER ST, Fayetteville, AR
WC Parcel # 765-12733-000 Case # 10150
Dear Property Owner:
It appears that your property contains a violation of the Fayetteville Unified Development Ordinance. ft 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 .
Suspected Violation That Needs Correction:
§173.09 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 mom information on this program, please call (479) 575-8270
or 575-8240.
Sincerely,
BRENT JOHNSON
Code Compliance Officer
Cc: file
U.S. Postal ServiceTM
CERTIFIED MAIL,. RECEIPT
(Domestic Mall Only; No Insurance Coverage Provided)
For deliv ry Information visit our website at www.usps.como
OFFICIAL USE
Postage
Dollied Fee
Retum Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage 8t Fees
Postmark
Here
ant o
Street aat No.;
or PO Box No.
ON, State. ZIP+4
PS Form 3800. August 2006
See Reverse tor Instructions
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Domestic Return Receipt
PS Form 3811. February 2004
Real Estate Parcel Information
Record 1 of 1 Last Updated 10/12/09
Parcel Number: 765-12733-000 Prev. Parcel Number: 145908-000-00
Location: 369 E CENTER ST
Owner Name: YORK, BOBBY ET AL
Mailing Address: 124 E Mountain St Fayetteville AR 72701-5328
Lot: Block:
Addition: 15-16-30 COUNTY COURT PLAT
School District: FAYETTEVILLE SCH, FAY
City: FAYETTEVILLE
Legal: LOT 30 NW
Current Year A79 Credit Status: F
Last Appraised: 2007 Appraised Value
Land 25,200
Improvement 56,900
Total 82,100
Type: RI
S -T -R: 15-16-30
Tax District: 011
Taxable Value
3,360
3,250
6,610
Year Taxable
Value
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
6,610
6,610
6,610
6,610
6,610
6,610
6,610
6,610
6,610
6,610
6,610
6,610
Ad
Valorem
Tax
$340.42
$341.08
$348.35
$348.35
$342.79
$350.07
$343.46
$343.46
$347.03
$338.43
$339.09
$339.09
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
$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
$0.00
Tax History
Voluntary
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
A79
Credit
$340.42
$341.08
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$0.00
$0.00
$0.00
A79 Net
Total Total
Status Tax Tax Paid
F
F
F
F
F
F
F
F
0
$0.00
$0.00
$48.35
$48.35
$42.79
$50.07
$54.05
$43.46
$56.46
$338.43
$339.09
$339.09
$0.00
$0.00
$48.35
$48.35
$42.79
$50.07
$54.05
$43.46
$56.46
$338.43
$339.09
$339.09
Payment
Status
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
Year Receipt
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
109620
72143
104711
55518
8385
89978
16871
13729
12614
10610
Payment
Date
10/5/2007
8/21/2006
10/10/2005
8/2/2004
4/16/2004
10/9/2002
1217/2001
10/11/2000
10/7/1999
10/8/1998
Available Tax Payment
Ad Valorem Imp. Dist.
Tax Tax
$48.35
$48.35
$42.79
$50.07
$43.46
$43.46
$47.03
$338.43
$339.09
$339.09
$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
Penalty
Tax• y Pa ment
$0.00
$0.00
$0.00
$0.00
$10.59
$0.00
$0.00
$0.00
$0.00
$o.00
$48.35
$48.35
$42.79
$50.07
$54.05
$43.46
$56.46
$338.43
$339.09
$339.09
Date
1/1/1985
Deed
Ref.
0000-
00000
Deed History
Grantee/ Grantee2
OF SMITH,
(SURVIVING HEIR NAOMI)
YORK, BOBBY ETAL
Deed
Type
WD
Sale
Amount
0
Revenue
Amount
0.00
Page 1 of 2
hup://www.co.washington.ar.us/PropertySearch/RParcel l nfo.asp?ST=N&HN=1 &LU=101209&PH=25... 10/13/2009
Real Estate Parcel Information Page 2 of 2
Structure Occupancy Construction First Floor Total Living Year Basement
Number Type Type Living Area Area Constructed Area
1 SF FS 1092 1638 1915
Grade Condition Exterior Wall Fireplace
5 A SIDING
Sketch:
28
3 MN 3
9 (1092) 9
Year Effective
Remodeled Age
82
28
3 OP 24 7
(168)
24
Out Buildings and Yard Improvements
Qty Description Size Quality
1 Outbuilding,frame 12x16
Next Item I Previous Item I Ledger Card I Prev. Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search I New
Search
http://www.co.washington.anus/PropertySearch/RParcellnfo.asp?ST=N&HN=1 &LU=101209&PH=25... 10/13/2009
•
September 4, 2009 C O D
Bobby York
124 E. Mountain St.
Fayetteville, AR 72701
RE• Enforcement of Fayetteville Code 173.09
Arkansas Code Ann. 14-56-203
City of Fayetteville
Code Compliance
113 West Mountain Street
Fayetteville, Arkansas 72701
Phone 479-575-8260
NOTICE TO PROPERTY OWNERS
Pursuant to A.C.A. 14-56-203 at 173.09 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 369 E. Center Street (Parcel #765-12733-000), should be Razed and Removed. You
are free to appear at this heanng 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) 575-8260.
The hearing will be part of a regular City Council meeting on November 3, 2009 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 Services 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 return the card to you.
■ Attach this card to the back of the mailpiece,
1
BOBBY YORK
124 E MOUALjA�7
FAYETTEVIC�
CRTC
COMPLETE THIS SECTION ON DELIVERY
A. Signature .
X ^ •
❑ Agent
Add ressee
ivekb Pied Nie) C. DI aie of Delivery
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❑ Yes
2. Article Number
(Transfer from service label)
7009 0080 0001 0607 9241
PS Form 3811, February 2004
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or PO Box No.
City, State, ZIP+4
/0157)
Postmark
Here
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