HomeMy WebLinkAbout190-12 RESOLUTIONRESOLUTION NO. 190-12
A RESOLUTION CERTIFYING TO THE TAX COLLECTOR OF
WASHINGTON COUNTY, ARKANSAS THE COSTS OF RAZING AND
REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE UPON THE
PROPERTY OWNED BY ADAM P. DYESS, PERRY J. DYESS AND
CAROLYN A. DYESS LOCATED AT 1609 S. DUNCAN AVENUE IN THE
CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, pursuant to the provisions of §§ 95.03 and 173.08 of the Code of
Fayetteville, as authorized by Arkansas Code § 14-56-203, the City Council of the City of
Fayetteville directed the owners of the property located at 1609 S. Duncan Avenue (Washington
County Parcel No. 765-09640-000) to raze and remove forthwith, the dilapidated, unsightly, and
unsafe structure located on the aforementioned real property; and
WHEREAS, Adam P. Dyess, Perry J. Dyess and Carolyn A. Dyess, record owners of the
property, failed to raze and remove the dilapidated, unsightly, and unsafe structure on their
property; and
WHEREAS, the City of Fayetteville, in accordance with the above-cited ordinances and
statute, entered upon the property and razed and removed the dilapidated, unsightly, and unsafe
structure; and
WHEREAS, the City Council of the City of Fayetteville, Arkansas is required to
determine the appropriate amount of the lien, and certify this amount to the Tax Collector of
Washington County, Arkansas to be placed upon the tax books as delinquent taxes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That, by the authority granted pursuant to Arkansas Code §§ 14-56-203 & 14-
54-901 et seq., and in accordance with the provision of § 173.08 of the Code of Fayetteville, the
City Council of the City of Fayetteville, Arkansas hereby determines the appropriate amount of
the lien against the property located at 1609 S. Duncan Avenue (Washington County Parcel No.
765-09640-000) to be $3,495.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby certifies
this amount to the Tax Collector of Washington County, Arkansas so that this amount, plus ten
percent (10%) penalty for collection, be placed on the tax books as delinquent taxes against the
property located at 1609 S. Duncan Avenue (Washington County Parcel No. 765-09640-000).
PASSED and APPROVED this 18th day of September, 2012.
Page 2
Resolution No. 190-12
ATTEST:
By: 44.11-4--' -
SONDRA E. SMITH, City Clerk/Treasurer
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/18/2012
City Council Meeting Date
Agenda Items Only
Community Services
Division
Action Required:
Development Services
Department
A Resolution certifying to the Tax Collector of Washington County the costs of the Razing and Removal of a
dilapidated and unsafe structure located at 1609 S. Duncan Ave. (WC Parcel # 765-09640-000)
Cost of this request
Account Number
Project Number
Budgeted Item
$
Category / Project Budget
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budget Adjustment Attached 1
OQ. Vi 12.
Date
Finance and Internal Services Director
Date
-29.1.4
Date
Date
3/3//
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City - - 1 =
Clerk's Office
Et¢�Eft:
Received in
Mayor's Office
Comments: Staff recommends approval of the Resolution
1/18-4Iwl () h 4 DANE (� c hiAI'ily,, TIL
Revised January 15, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy Pate, Development Services Department Director g
From: Yolanda Fields, Community Services Dire
Date: August 27, 2012
Subject: A Resolution certifying to the Tax Collector of Washington County the costs of
the Razing and Removal of a dilapidated and unsafe structure located at 1609 S.
Duncan Ave. (WC Parcel # 765-09640-000)
RECOMMENDATION
Staff recommends imposing a lien against real property for the amount of $3,676.20, plus a 10%
penalty for collection.
BACKGROUND
On May 15, 2012, the City Council of the City of Fayetteville passed Resolution No. 107-12.
The resolution ordered the razing and removal of a dilapidated and unsafe structure owned by
Adam P. Dyess, Perry J. Dyess and Carolyn A. Dyess at 1609 S. Duncan Ave., Fayetteville, AR.
On May 24, 2012, the property was posted with a letter stating Resolution 107-12 was passed.
The letter also stated that our office would begin the Raze and Removal process on June 19,
2012. On July 3, 2012, the raze and removal process was completed.
On August 1, 2012, the property owners were notified of the Public Hearing to consider this
resolution.
DISCUSSION
The total costs incurred include the bid awarded to raze and remove in the amount of $3,495.00,
administrative costs in the amount of $151.20 and $30.00 in fees to file the lien.
BUDGET IMPACT
If passed, a lien will be placed on the parcel for the incurred costs, plus a 10% penalty for
collection. Once paid, the moneys will return to the General Fund.
RESOLUTION NO.
A RESOLUTION CERTIFYING TO THE TAX COLLECTOR OF
WASHINGTON COUNTY, ARKANSAS THE COSTS OF RAZING AND
REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE UPON THE
PROPERTY OWNED BY ADAM P. DYESS, PERRY J. DYESS AND
CAROLYN A. DYESS LOCATED AT 1609 S. DUNCAN AVENUE IN THE
CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, pursuant to the provisions of §§ 95.03 and 173.08 of the Code of
Fayetteville, as authorized by Arkansas Code § 14-56-203, the City Council of the City of
Fayetteville directed the owners of the property located at 1609 S. Duncan Avenue (Washington
County Parcel No. 765-09640-000) to raze and remove forthwith, the dilapidated, unsightly, and
unsafe structure located on the aforementioned real property; and
WHEREAS, Adam P. Dyess, Perry J. Dyess and Carolyn A. Dyess, record owners of the
property, failed to raze and remove the dilapidated, unsightly, and unsafe structure on their
property; and
WHEREAS, the City of Fayetteville, in accordance with the above-cited ordinances and
statute, entered upon the property and razed and removed the dilapidated, unsightly, and unsafe
structure; and
WHEREAS, the City Council of the City of Fayetteville, Arkansas is required to
determine the appropriate amount of the lien, and certify this amount to the Tax Collector of
Washington County, Arkansas to be placed upon the tax books as delinquent taxes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That, by the authority granted pursuant to Arkansas Code §§ 14-56-203 & 14-
54-901 et seq., and in accordance with the provision of § 173.08 of the Code of Fayetteville, the
City Council of the City of Fayetteville, Arkansas hereby determines the appropriate amount of
the lien against the property located at 1609 S. Duncan Avenue (Washington County Parcel No.
765-09640-000) to be $3,495.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby certifies
this amount to the Tax Collector of Washington County, Arkansas so that this amount, plus ten
percent (10%) penalty for collection, be placed on the tax books as delinquent taxes against the
property located at 1609 S. Duncan Avenue (Washington County Parcel No. 765-09640-000).
PASSED and APPROVED this 18th day of September, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
� yet`.evtle
July 27, 2012
Adam P., Perry J., and Carolyn A. Dyess
P.O. Box 501
Samson, AL 36477
RE: Resolution No. 107-12
Enforcement of Fayetteville Code 173.09, and 95.03
Arkansas Code Ann. 14-56-203 , 14-54-901
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, § 14-54-901, et seq. and § 173.09 and § 95.03 of the
Fayetteville Code, you are placed upon Notice that the Fayetteville City Council will conduct a
public hearing to consider a Resolution certifying to the Tax Collector of Washington County the
costs of the Razing and Removal of a dilapidated and unsafe structure located at 1609 S. Duncan
Ave. (Parcel #765-09640-000). The amount of the asserted lien is S3,676.20, plus a 10%
penalty for collection.
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 September 18, 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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07/05/2012 14:17 FAa 478ti433750
7/5/12
MARCUS BARKER 41 002
M&M EXCAVATING ,LLC
Marcus Barker
377 Sulpher City Rd.
Fayetteville, AR 72701
479.843-3750
City Of Fayetteville
Raze and Removal
1609 S Duncan Ave,
Fayetteville, AR 72701
$3,445.00
TOTAL DUE: $3,495.00
***** Thanks For Your Business*****
Tretteville
THE CITY OF FAYETTEVILLE, ARKANSAS
ARKANSAS
www.accessfayetteville.org
May 24, 2012
Adam P., Perry J., and Carolyn A. Dyess
P.O. Box 501
Samson, AL 36477
RE: Enforcement of Ordinance 173.09
Arkansas Code Ann. 14-56-203
NOTICE TO PR L -'ARTY OWNERS
On May 15, 2012, the Fayetteville City Council passed and approved Resolution No. 107-12.
The resolution states 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 the dilapidated,
unsightly, and unsafe structure located on 1609 S. Duncan Avenue (Parcel #765-09640-000).
The manner of removing said structure shall be: dismantle by hand or bulldozer, and haul all
debris to a landfill.
The resolution also says 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 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.
Our office will begin the Raze and Removal process of the
aforementioned real property on June 19, 2012.
If you plan to remove anything from the structure, make arrangements before our process
begins. Please contact the Code Compliance Office at (479) 575-8260 if you have any
questions or updates concerning the property.
Sincerely,
Chad Ball
Community Services Coordinator
Cc:file
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701
RESOLUTION 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:
By:
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
ARKANSAS
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 OWIN ERS
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
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September 19, 2011
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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 # 14384
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:
§ 173.09 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,
JOSHUA KNIGHT
Code Compliance Officer
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ADAM, CAROLYN & PERRY DYESS
P.O. BOX 501
SAMSON, AL 36477
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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.
•
I recommend the raze and removal of the structure.
I recommend securing the structure.
%ko 0" Observations: �.-.{ cs . _�CxXs. ��,,.`-°� `ev%A.\\*:-01—
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Building Official
I have determined that the structure above is not in 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 ■ (ember 15.2011
SREF 112782
Casey %.5Y
Community Services Division Director
CCFORM 602
(REV 03/2009)
Real Estate Parcel Information
Record 1 of 1 Last Updated 08/26/12
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: 001 Block: 005
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
Tax History
Taxable Ad Imp. Timber Voluntary A79 A79
Tax Tax
Year Value Valorem Dist. Tax Tax Credit Status
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
13,520 $726.70 $0.00
13,520 $733.46 $0.00
14,451 $744.23 $0.00
13,339 $686.96 $0.00
12,227 $630.91 $0.00
11,115 $585.76 $0.00
10,260 $540.70 $0.00
9,405 $487.74 $0.00
8,550 $452.81 $0.00
8,550 $444.26 $0.00
8,550 $444.26 $0.00
7,900 $414.75 $0.00
7,900 $404.48 $0.00
7,900 $405.27 $0.00
7,900 $405.27 $0.00
Year Receipt Payment
# Date
2010 60947
2009 56047
2008 61143
2007 56439
2006 110769
2005 139675
2004 95591
2003 85462
$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
$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
S -T -R: 21-16-30
Tax District: 011
Taxable Value
6,500
7,020
13,520
Total
Tax
Paid
$726.70 $0.00
$733.46 $733.46
$744.23 $744.23
$686.96 $686.96
$630.91 $630.91
$585.76 $585.76
$596.70 $596.70
$487.74 $487.74
$452.81 $452.81
$444.26 $444.26
$499.99 $499.99
$414.75 $414.75
$404.48 $404.48
$405.27 $405.27
$405.27 $405.27
Available Tax Payment Receipt(s)
10/07/2011
10/06/2010
10/09/2009
10/07/2008
10/5/2007
10/23/2006
10/6/2005
10/5/2004
Ad
Valorem
Tax
$733.46
$ 744.23
$686.96
$630.91
$585.76
$540.70
$487.74
$452.81
Imp.
Dist.
Tax
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Timber
Tax
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
Payment
Status
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
PAID
Penalty Payment
Tax
$0.00 $733.46
$0.00 $744.23
$0.00 $686.96
$0.00 $630.91
$0.00 $585.76
$56.00 $596.70
$0.00 $487.74
$0.00 $452.81
Page 1 of 2
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Real Estate Parcel Information
2002 113519 10/11/2003 $444.26
2001 15795 12/9/2002 $444.26
2000 16271 10/17/2001 $414.75
1999 15478 10/11/2000 $404.48
1998 17260 10/8/1999 $405.27
Date
7/9/1999
Deed
Ref.
99- DYESS, ADAM P ;
62517 DYESS, PERRY J ;
LRR 99-62517 WD NO REV
8/3/1994 47408 DYESS, ADAM P
94/47409 WD NO REV
1/1/1985 - HAMILTON, FRED
Grantee/
$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
Deed History
Grantee2
DYESS,
CAROLYN A
Structure Occupancy Construction First Floor
Number Type Type Living Area
1 SF FS 885
Grade Condition Exterior Wall
5
Sketch:
A ALUM.SIDNG
4 n 4
25
MN
(8851
$0.00 $444.26
$55.73 $499.99
$0.00 $414.75
$0.00 $404.48
$0.00 $405.27
Deed Sale Revenue
Type Amount Amount
WD 0 0.00
WD 42,000 138.60
0 0.00
Total
Living
Area
1175
Fireplace
[4]
5
Year Basement
Constructed Area
1915
Year
Remodeled
2
Out Buildings and Yard Improvements
Qty Description Size Quality
1 Storm Shelter 12x12
Effective
Age
95
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