HomeMy WebLinkAbout107-12 RESOLUTIONRESOLUTION NO. 107-12
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY ADAM P. DYESS,
PERRY J. .DYESS AND CAROLYN A. DYESS LOCATED AT 1609 S.
DUNCAN AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $3,495.00
WHEREAS, Adam P. Dyess, Perry J. Dyess and Carolyn A. Dyess are the record
owners of the real property situated at 1609 S. Duncan Avenue, City of Fayetteville, Washington
County, Arkansas, more particularly described as follows:
WC Parcel Number 765-09640-000; 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 property owners, 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, Adam P. Dyess, Perry J. Dyess
and Carolyn A. Dyess are 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 Adam P. Dyess, Perry J. Dyess and Carolyn A. Dyess do 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 $3,495.00, a copy of which is attached as Exhibit "A".
PASSED and APPROVED this 15th day of May, 2012.
APPROVED:
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ATTEST:
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By:
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas
Budget Adjustment Form
V11.0425
Budget Year
2012
Division: Community Services
Department: Development Services
Request Date
4/11/2012
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION
Move $3495 Raze and Removal funds from cancelled project #10033-1001 to current Raze and Remove project
#10033-1203 for 1609 S Duncan.
B
get Dir ecior
DepdrimDirector
4,1
Finan Director
Chle • t
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:�i/... �O%
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-
Account Name
are
Date
Date
Date
y27-ir
Date
e
Prepared By: Rachel
Reference:
rafelds
Budget & Research Use Only
Type: A BCD EP
General Ledger Date
Posted to General Ledger
Checked / Verified
TOTAL BUDGET ADJUSTMENT
Raze and Removals
Raze and Removals
Account Number
1010.6420.5315.04
1010.6420.5315.04
Initial
Initial
Increase / (Decrease)
Date
Date
Project.Sub
Expense Revenue Number
3,495 10033 1203
(3,495) 10033 . 1001
C:1Documents and SettingsVafields\DesktoplBA's 2012\BA Code Raze and Remove 1609 Duncan 4.24.12
1of1
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/15/2012
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 1609 S. Duncan
Ave. (WC Parcel # 765-09640-000) and approval of a Budget Adjustment in the amount of $3,495.00
$
3,495.00
Cost of this request
1010.6420.5315.04
Account Number
/003, IIo3
Project Number
Budgeted Item,
$
Category / Project Budget
Program Category / Project Name
Raze and Removal
Funds Used to Date Program / Project Category Name
General Fund
Remaining Balance Fund Name
Budget Adjustment Attached
X
L .
Department Dlr ctor
11 -1014. -
Date
Sa (AA -/y
a Date
CAttorney
Finance and Internal Services Director
't•21 •iot'L
Date
7 -/2
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
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: Mayor and City Council
Thru: Jeremy Pate, Development Services Department Director zsc
From: Yolanda Fields, Community Services Di
Date: April 23, 2012
Subject: Raze and Removal of structure on 1609 S. Duncan Ave.
RECOMMENDATION
Staff recommends approval of the Resolution ordering the Razing and Removal of a dilapidated
and unsafe structure located at 1609 S. Duncan Avenue. Staff also recommends approval of the
budget adjustment in the amount of $3,495.00.
BACKGROUND
Service Request # 112782, Case # 14384: Code Compliance responded to a request concerning
the structure located at 1609 S. Duncan Avenue. The structure appeared to be in violation of
Subsection I73.09(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
173.09(A), Unsafe Buildings, of the City Code of Ordinances. Specifically, the Chief Building
Official observed: major dilapidation that repair would not be cost effective. The roof, floors
and ceiling have major damage and any repairs would require structure be brought up to current
building codes.
On September 19, 2011, an Unsafe Building Notice of Violation was sent to the property owners,
Adam P., Perry J., and Carolyn A. Dyess. On October 13, 2011, our office received the Certified
Mail Receipt signed by the property owner. By ordinance, the property owner was given until
November 13, 2011 to acquire a building permit or to raze and remove the structure.
DISCUSSION
This parcel contains a 1,175 square foot, two 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
If the property owner does not comply with the Raze and Removal order, previously approved
funds will be reallocated to raze and remove the structure. A Lien will be placed on the parcel
for the incurred costs.
RESOLUTION NO.
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY ADAM P.
DYESS, PERRY J. DYESS AND CAROLYN A. DYESS LOCATED AT
1609 S. DUNCAN AVENUE IN THE CITY OF FAYETTEVILLE,
ARKANSAS, AND APPROVING A BUDGET ADJUSTMENT IN THE
AMOUNT OF $3,495.00
WHEREAS, Adam P. Dyess, Perry J. Dyess and Carolyn A. Dyess are the record
owners of the real property situated at 1609 S. Duncan Avenue, City of Fayetteville, Washington
County, Arkansas, more particularly described as follows:
WC Parcel Number 765-09640-000; 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 property owners, 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, Adam P. Dyess, Perry J. Dyess
and Carolyn A. Dyess are 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 Adam P. Dyess, Perry J. Dyess and Carolyn A. Dyess do 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 $3,495.00, a copy of which is attached as Exhibit "A".
PASSED and APPROVED this 15th day of May, 2012.
APPROVED: ATTEST:
•
By: By:
LIONELD JORDAN, Mayor SONDRA E SMITH, City Clerk/Treasurer
ayF evtie
Code Compliance Program
Unsafe Building Violation Determination
Address / Location:
1609 S. Duncan Ave.
WC Parcel # 765-09640-000
I have determined that the structure above has become dilapidated, unsafe,
unsanitary, or detrimental to the public welfare.
01 I recommend the raze and removal of the structure.
1 recommend securing the structure.
Observations:
Building Official
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I have determined that the structure above is not 111 violation of Subsection
173.09 (A) of the Fayetteville Code Of Ordinances.
Building Official
PLEASE RETURN THIS FORM TO CODE COMPLIANCE
Date Sent:
Date Received:
Se.tember 15, 2011
SR# 112782
Case# /y.Jn
eV
Community Services Division Director
CCFORM 602
(REV 03/2009)
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
September 19, 2011
aye
evlile
ARKANSAS
VIOLATION NOTICE
Owner ADAM P., PERRY J.,CAROLYN A. DYESS
P.O. BOX 501
SAMSON, AL 36477
RE: Property @ 1609 S DUNCAN AVE, Fayetteville, AR
Office of Code Compliance
Phone 479-575-8260
Fax 479-444-3445
WC Parcel # 765-09640-000 Case ti 14384
Dear Property Owner:
It appears that your property contains a violation of the Fayetteville Unified Development Ordinance. It is our goal to
not fy 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)5754237.
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 more information on this program, please call (479) 575-8270
or 575-8240.
Sincerely,
JOSHUA KNIGHT
Code Compliance Officer
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of Delivery
D. Is delivery address different from Item 1T;. 0 Yes
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ADAM, CAROLYN & PERRY DYESS
P.O. BOX 501
SAMSON, AL 36477
2. Argot
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Real Estate Parcel Information Page 1 of 2
Record 1 of 1 Last Updated 04/22/12
Print Page
Parcel Number: 765-09640-000 Prev. Parcel Number: 143012-000-00 Type: RI
Location: 1609 S DUNCAN AVE
Owner Name: DYESS, ADAM P; DYESS, PERRY J;DYESS, CAROLYN A
Mailing Address: PO Box 501 Samson AL 36477
Lot: Block:
Addition: PARKSDALE ADD
School District: FAYETTEVILLE SCH, FAY
City: FAYETTEVILLE
Legal: LOTS 1-2-3-4 BLOCK 5
Current Year A79 Credit Status:
Last Appraised: 2010
Land
Improvement
Total
Appraised Value
32,500
35,100
67,600
S -T -R: 21-16-30
Tax District: 011
Taxable Value
6,500
7,020
13,520
Ad Imp.
Year Taxable Valorem Dist. Tim
Value Tax Tax Ta
Tax History
ber Voluntary A79 A79
x Tax Credit Status
2011 13,520
2010 13,520
2009 14,451
2008 13,339
2007 12,227
2006 11,115
2005 10,260
2004 9,405
2003 8,550
2002 8,550
2001 8,550
2000 7,900
1999 7,900
1998 7,900
1997 7,900
$726.70 $0.00 $0.00
$733.46 $0.00 $0.00
$744.23 $0.00 $0.00
$686.96 $0.00 $0.00
$630.91 $0.00 $0.00
$585.76 $0.00 $0.00
$540.70 $0.00 $0.00
$487.74 $0.00 $0.00
$452.81 $0.00 $0.00
$444.26 $0.00 $0.00
$444.26 $0.00 $0.00
$414.75 $0.00 $0.00
$404.48 $0.00 $0.00
$405.27 $0.00 $0.00
$405.27 $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
$0.00
$0.00
Net
Total
Tax
$726.70
$733.46
$744.23
$686.96
$630.91
$585.76
$596.70
$487.74
$452.81
$444.26
$499.99
$414.75
$404.48
$405.27
$405.27
Total
Tax
Paid
$0.00
$733.46
$744.23
$686.96
$630.91
$585.76
$596.70
$487.74
$452.81
$444.26
$499.99
$414.75
$404.48
$405.27
$405.27
Payment
Status
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
Year Receipt
2010 60947
2009 56047
2008 61143
2007 56439
2006 110769
2005 139675
2004 95591
2003 85462
Available Tax Payment Receipt(s)
Payment Ad Imp. Timber
Date Valorem Dist. Tax
Tax Tax
10/07/2011
10/06/2010
10/09/2009
10/07/2008
10/5/2007
10/23/2006
10/6/2005
10/5/2004
$733.46
$744.23
$686.96
$630.91
$585.76
$540.70
$487.74
$452.81
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
$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
$0.00
$56.00
$0.00
$0.00
$733.46
$744.23
$686.96
$630.91
$585.76
$596.70
$487.74
$452.81
http://www.co.washington.anus/PropertySearch/RParcellnfo.asp?ST=N&HN=1 &LU=042... 4/23/2012
Real Estate Parcel Information
2002 113519
2001 15795
2000 16271
1999 15478
1998 17260
10/11/2003
12/9/2002
10/17/2001
10/11/2000
10/8/1999
$444.26
$444.26
$414.75
$404.48
$405.27
$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 $444.26
$55.73 $499.99
$0.00 $414.75
$0.00 $404.48
$0.00 $405.27
Date
Deed
Ref.
719/1999 99- DYESS, ADAM P.;
62517 DYESS, PERRY J.;
LRR 99-62517 WD NO REV
94-
8/3/1994 47408 DYESS, ADAM P.
94/47409 WD NO REV
1/1/1985 - HAMILTON, FRED
Grantee/
Deed History
Grantee2
DYESS,
CAROLYN A.
Deed
Type
WD
Sale
Amount
0
Revenue
Amount
0.00
WD 42,000 138.60
0 0.00
Structure Occupancy Construction First Floor
Number Type Type Living Area
1 SF
Grade
5
Sketch:
Qty
1
FS 885
Total
Living
Area
1175
Condition Exterior Wall Fireplace
A ALUM.SIDNG
4B 4
,
25
MN
(885)
Year Basement
Constructed Area
1915
Year
Remodeled
23
Out Buildings and Yard Improvements
Description Size Quality
Storm Shelter 12x12
Effective
Age
95
Page 2 of 2
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e _v..le
March 12, 2012
Adam P., Perry J., and Carolyn A. Dyess
P.O. Box 501
Samson, AL 36477
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 1609 S. Duncan Ave. (Parcel #765-09640-000), 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) 575-8260.
The hearing will be part of a regular City Council meeting on May 15, 2012 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
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— ADAM P, PERRY J AND CAROLYN DYESS
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SAMSON, AL 36477
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