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Home My WebLink About249-12 RESOLUTIONRESOLUTION NO. 249-12 A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY ROBERT W. WILKES LOCATED AT 320 W. NORTH STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, Robert W. Wilkes is the record owner of the real property situated at 320 W. North Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-10576-000; 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, Robert W. Wilkes, 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, Robert W. Wilkes 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 Robert W. Wilkes 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, a copy of which is attached to this Resolution as Exhibit "A". ��`'K �7''��s�i. Gam. • G\A Y �F =v; FAYETTEVILLE :3 ATTEST: "kA 'e� 'ix/ ANS . ,. By. By: Aii,41.11,41/ 41,1621,-, I SONDRA E. SMITH, City Clerk/Treasurer PASSED and APPROVED this 18th day of December, 2012. APPROVED: G NE aril 11 AN, Mayor City of Fayetteville, Arkansas Budget Adjustment Form V12.0724 Budget Year 2012 Division: Community Services Department: Development Services Request Date 11/27/2012 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Move $654 Raze and Removal funds from cancelled project #10033-1001 to current Raze and Removal project #10033-1204 for 320 North, and add $4221 additional funding to the current project. /4' Budg : # rector ' ' Date Di islon Date f1' 11.11-.20 11. o� Departme fDirector Date A 11- 24 •'28tZ. General Ledger Date F ce Director Date /Z Posted to General Ledger hi: • Staff Date InitialDate Checked /Verified or D Initial Date Prepared By: Rachel Reference: rafelds Budget & Research Use Only Type: A BC D E P TOTAL BUDGET ADJUSTMENT 4,221 4,221 Account Name Raze and Removals Raze and Removals Increase / (Decrease) Project.Sub Account Number Expense Revenue Number 1010.6420.5315.04 4,875 - 10033 . 1204 1010.6420.5315.04 �) (654) 10033. 1001 Use of fund balance 1010.0001.4999.99 i 4,221 C:\Documents and Settings\rafields\Desktop\BA's 2012\BA Code Raze 320 North 11.27.12 1 of 1 Yolanda Fields Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/18/2012 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 320 W. North Street (WC Parcel # 765-10576-000) and approval of a Budget Adjustment in the amount of $4,875.00 $ 4,875.00 Cost of this request 1010.6420.5315.04 Account Number Project Number $ Category / Project Budget Program Category / Project Name Raze and Removal Funds Used to Date Program / Project Category Name General Fund Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached X Departm L irector Ci"T{ftorney -PLA _ c...�..� Finance and Internal Services Director k•-.tT.. Date Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office EO ti 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 Departm it Director From: Yolanda Fields, Community Services or Date: November 26, 2012 Subject: Raze and Removal of structure at 320 W. North Street RECOMMENDATION Staff recommends approval of the Resolution ordering the Razing and Removal of a dilapidated and unsafe structure located at 320 W. North Street. Staff also recommends approval of the budget adjustment in the amount of $4,875.00. BACKGROUND Service Request # 117200, Case # 15155: Code Compliance responded to a request concerning the structure located at 320 W. North Street. The structure appeared to be in violation of Subsection 173.09(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 deterioration of the house has occurred since last inspection. Roof soggy, soffit rotted out, and section of interior walls rotten with exposed interior section. The roof, floors and ceiling have major damage and any repairs would require structure be brought up to current building codes. On May 3, 2012, an Unsafe Building Notice of Violation was delivered to the property owner, Robert Wilkes. By ordinance, the property owner was given until June 4, 2012 to acquire a building permit or to raze and remove the structure. On October 26, 2012, a Notice of Public Hearing was delivered to the property owner informing him of the December 18, 2012 Public Hearing. DISCUSSION This parcel contains a 1,557 square foot, 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, the cost for the Raze and Removal will be $4,875. A Lien will be placed on the parcel for the incurred costs, pending City Council approval. euisA-J /.?-// i2__ RESOLUTION NO. A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY ROBERT W. WILKES LOCATED AT 320 W. NORTH STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, Robert W. Wilkes is the record owner of the real property situated at 320 W. North Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-10576-000; 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, Robert W. Wilkes, 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, Robert W. Wilkes 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 Robert W. Wilkes 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, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 18th day of December, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Code Compliance Program Unsafe Building Violation Determination Address / Location: 320 W. North St. WC Parcel # 765-10576-000 I have determined that the structure above has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. 1-1 I recommend the raze and removal of the structure. I recommend securing the structure. Building Official Observations:yy,`, �+, _�-�.�. C424CA CZ -A= \ .so --,t N— 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: SR# 117200 Case# Community Services Division Director (REV 03/2009) City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 May 01, 2012 Owner ROBERT W. WILKES 2766 N. CLUB DR. #4 aye evl e AIKAN5A5 VIOLATION NOTICE FAYETTEVILLE, AR 72703 RE: Property @ 320 W NORTH ST, Fayetteville, AR Office of Code Compliance Phone 479-575-8260 Fax 479-444-3445 WC Parcel # 765-10576-000 Case # 15155 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)575-8232. 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 mon; information on this program, please call (479) 575-8270 or 575-8240. Sincerely, ROSCOE JOHNSON Code Compliance Officer Cc: file TaTelleyille Code Compliance Program OFFICER DELIVERY FORM Document: Notice of Violation: 173.09 Unsafe Buildings Name and Address to Deliver: Robert Wilkes 2766 N Club Dr #4 Fayetteville, AR 72703 Owner/Occupant's Signature: Return of Service I certify that I provided a true copy of the document described above to: Name of Recipient: Officer Name: Officer Si9natu Delivery Date: ,c).\-surA ,W,Kc L-43,,k)4-0,AiAson 3/34_2- CCFORM 601 (REV 03/2007) aye ev.,i�e October 25, 2012 Robert W. Wilkes 2766 N. Club Drive #4 Fayetteville, AR 72703 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 320 W. North Street (Parcel #765-10576-000), 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 December 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. Sine rely, all e Compliance Administrator Cc: file ay�'ettei%],le Code Compliance Program OFFICER DELIVERY FORM Document: Notice of Violation: 173.09 Unsafe Buildings Name and Address to Deliver: Robert W Wilkes 2766 N Club Dr #4 Fayetteville, AR 72703 Owner/Occupant's Signature: Return of Service I certify that I provided a true copy of the document described above to: Name of Recipient: Officer Name: Officer Signature: -!rIt KSS O&M 12-05zs Delivery Date: w 26(ti. CCFORM 601 (REV 03/2007) Real Estate Parcel Information Page 1 of 2 Record 1 of 1 Last Updated 11/25/12 Print Page _ Parcel Number: 765-10576-000 Prev. Parcel Number: 143798-000-00 Type: RI Location: 320 W NORTH ST Owner Name: WILKES, ROBERT W Mailing Address: 320 W NORTH FAYETTEVILLE AR 72703 Lot: 003 Block: Addition: SANFORD-GREEN S/D School District: FAYETTEVILLE SCH, F City: FAYETTEVILLE Legal: LOT 3 80/151 0.25 Current Year A79 Credit Status: V Last Appraised: 2010 Land Improvement Total AY Appraised Value 67,500 65,550 133,050 S -T -R: 09-16-30 Tax District: 011 Taxable Value 13,500 13,110 26,610 Tax History Year Taxable Va odrem Dist. Timber Voluntary A79 A79 Net Total Total Tax Payment Value Tax Tax Tax Tax Credit Status Tax Paid Status 2011 2010 2009 2008 21,780 $0.00 $0.00 2007 20,790 $0.00 $0.00 2006 19,800 $0.00 $0.00 2005 18,975 $0.00 $0.00 2004 18,150 $941.26 $0.00 2003 16,500 $873.84 $0.00 2002 16,500 $857.34 $0.00 2001 16,049 $833.91 $0.00 2000 14,590 $765.98 $0.00 1999 14,590 $747.01 $0.00 1998 14,590 $748.47 $0.00 1997 14,590 $748.47 $0.00 Year Receipt Payment # Date 2004 2003 2002 2001 2000 1999 1998 10430 10429 45106 13167 19675 6078 1440 12/5/2005 12/5/2005 5/20/2003 4/12/2002 2/12/2002 4/17/2000 3/11/1999 D ELINQUENT D ELINQUENT D ELINQUENT $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 O $0.00 $0.00 PAID O $0.00 $0.00 PAID O $0.00 $0.00 PAID O $0.00 $0.00 PAID O $1,053.83 $1,053.83 PAID $1,065.77 $1,065.77 PAID $857.34 $857.34 PAID $833.91 $833.91 PAID $873.38 $873.38 PAID $747.01 $747.01 PAID $748.47 $748.47 PAID $748.47 $748.47 PAID Available Tax Payment Receipt(s) Ad Valorem Tax $941.26 $873.84 $857.34 $833.91 $765.98 $747.01 $748.47 Imp. Dist. Tax $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 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 Penalty Payment Tax $112.57 $1,053.83 $191.93 $1,065.77 $0.00 $857.34 $0.00 $833.91 $0.00 $873.38 $0.00 $747.01 $0.00 $748.47 http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST=N&HN=1 &LU=11... 11/26/2012 Real Estate Parcel Information Page 2 of 2 Deed History Date Deed Grantee/ Grantee2 Ref. 7/15/2010 2010- WILKES, ROBERT W 20117 NLB 2010-201177 RD NO REV 1/12/2004 2004- WILKES, ROBERT 179 WRAY SS 2004-1279 EX NO REV 7/15/1986 1185- WILKES, WRAY & 621 MARY LILLIAN 1/111985 654-3 HAMILTON, EUNICE C Deed Sale Revenue Type Amount Amount RD 0 EX 0 WD 40,000 44.00 WD 0 0.00 Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 1 SF FS 1317 1557 1941 Grade Condition Exterior Wall Fireplace YoEffective Remodeled Aggee 4 A FS 1SA 69 Sketch: n14- 2 CP 2 6 (364) 6 L14 r -12—i 7 7 17--1 I-17 2GRRC2 0 (240) 0 12 1 8 —11- -71 ---11 5 MN (1317) 23 8MP14 L -14-_J Out Buildings and Yard Improvements Qty Description Size Quality 1 Driveway, concrete 60x8 Next Rem I Previous Item I Ledger Card 1 Prev. Ledger Card 1 Plat 1 GIS Parcel Map 1 Return to Search Results 1 Modify Search 1 New Search http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST=N&HN=1 &LU=11... 11/26/2012 RESOLUTION NO. A I SOLUTION ORDERING THE RAZING AND RE ' OVAL OF A DILAP ►ATED AND UNSAFE STRUCTURE OWNE ►• BY MISSION PROPER ES, LLC LOCATED AT 320 W. NORT TREET IN THE CITY OF YETTEVILLE, ARKANSAS, AND APP OVING A BUDGET ADJUSTME WHEREAS, Ro • - rt W. Wilkes is the record o' ner of the real property situated at 320 W. North Street, City of Fa -tteville, Washington Co ty, Arkansas, more particularly described as follows: WC Parc Number 76 10576-000; and, WHEREAS, the City Co cil h • determined that the structure located on said property is dilapidated, unsightly, unsa •, • d detrimental to the public welfare; and, WHEREAS, Robert W. Wil - s, aving been properly served with a Violation Notice via Certified Mail, Return Receipt Re ueste and given thirty (30) days to correct said violation, has refused to repair, or raze and re r ove said:jilapidated, unsightly, and unsafe structure. NOW, THEREFO' , BE IT RESO VED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILL ARKANSAS: Section 1: That, by the authority grante ursuant to A.C.A. §14-56-203, and in accordance with the pro isions of Ordinance No. 394 of 1996, Robert W. Wilkes is hereby ordered to raze and re .ve forthwith, the dilapidated, uA'ghtly, and unsafe structure located on the aforementioned re • property. The manner of removinsaid structure shall be: dismantle by hand or bulldozer, a• d haul all debris to a landfill. Section That, if Robert W. Wilkes does not comp with this order, the Mayor is hereby directed o cause the dilapidated, unsightly, and unsafe stru Lure to be razed and removed; and a lien aga st the real property shall be granted and given the ty, pursuant to A.C.A. §14- 54-904, for t e costs associated therewith. Section 3: That the City Council of the City of Fayetteville, Ar ansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhi it "A". PASSED and APPROVED this 18th day of December, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer