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Home My WebLink About101-13 RESOLUTIONRESOLUTION NO. 101-13 A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY MARY LOU GUTHERY LOCATED AT 1717 S. STIRMAN AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, Mary Lou Guthery is the record owner of the real property situated at 1717 S. Stirman Avenue, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-09658-000; 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, Mary Lou Guthery, 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, Mary Lou Guthery 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 Mary Lou Guthery 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". Page 2 Resolution No. 101-13 PASSED and APPROVED this 7'h day of May, 2013, APPROVED: By: lrylll11WIN By:jn'6�—L SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas V12.0724 Budget Adjustment Form Budget Year Division: Community Services Request Date Adjustment Number 2013 1 Department: Development Services 4/16/2013 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Move $4900 to the Code Raze and Removal account in case of non-compliance to the Raze and Remove request B 4ge# Director Date -- Department rector Date jA� +� � \�_ 1 AI. �,(IV R,2.61_7 Finance Director �� Date Ch of f taff Date 13 Date aa v yof Account Name Raze and Removals Use of fund balance TOTAL BUDGET ADJL Prepared By: Rachel _ rafrelds Reference: Budget & Research Use Only Type: A B C D E P General Ledger Date Posted to General Ledger Initial Date Checked / Verified _ Initial Date ISTMENT 4,900 4,900 Increase / (Decrease) Project.Sub Account Number Expense 1010.6420.5315.04 3 4,900 1010.0001.4999.99 - Revenue Number - _�0033 . 1301 4,900 CADocuments and Settings\rafields\Desktop\BA's 2013\BA Code Raze and remove 1717 Stirman 4.16.13 1 of 1 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/7/2013 City Council Meeting Date Agenda Items Only Yolanda Fields Community Services Development Services Submitted By Division Department Action Kequirea: Public Hearing and Resolution to order the Raze and Removal of the unsafe structure located at 1717 S. Stirman Ave. (WC Parcel # 765-09658-000) and approval of a Budget Adjustment in the amount of $4,900.00. $ 4,900.00 Cost of this request 1010.6420.5315.04 Account Number �33 - 1,3I1 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 Departm t Dir ctar - Date Clrney Date 4 awl q - fa. Finance and Internal Services Director Of n Comments: Staff recommends approval of the Date 4-211-13 Date �te i Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office and budget adjustment. Revised January 15, 2009 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Development Services Department Directors From: Yolanda Fields, Community Services D e Date: April 17, 2013 Subject: Raze and Removal of structure at 1717 S. Stirman Ave. RECOMMENDATION Staff recommends approval of the Resolution ordering the Razing and Removal of a dilapidated and unsafe structure located at 1717 S. Stirman Ave. Staff also recommends approval of the budget adjustment in the amount of $4,900.00. BACKGROUND Service Request # 127279, Case # 17203: Code Compliance responded to a request from the Fire Marshals Office concerning the structure located at 1717 S. Stirman Ave. The fire damaged 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: Structure is burned out and has water damage which makes it not repairable. On March 14, 2013, an Unsafe Building Notice of Violation was sent to the property owner of record and posted on site. By ordinance, the property owner was given until April 14, 2013 to acquire a building permit or to raze and remove the structure. On April 16, 2013, a Notice of Public Hearing was sent to the property owner and posted on site informing the owner of record of the May 7, 2013 Public Hearing. DISCUSSION The owner of record is the Estate of Mary Lou Guthery, since Mrs. Guthery passed away a few years ago. The property is delinquent on state taxes since 2009. All official Notices have also been sent to the Legal Department of the Commissioner of State Lands since the property has been certified to the Commissioner of State Lands. This parcel contains a 1,680 square foot single family dwelling. The structure is fire damaged, not secured and has deteriorated to a point where it is no longer safe. There is not a current building permit on this structure. If the property owner does not comply with the Raze and Removal order, the budget adjustment funds will be used to contract the Raze and Removal. A Lien will be placed on the parcel for the incurred costs. BUDGET IMPACT A budget adjustment in the amount of $4,900.00 RESOLUTION NO. A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY MARY LOU GUTHERY LOCATED AT 1717 S. STIRMAN AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, Mary Lou Guthery is the record owner of the real property situated at 1717 S. Stirman Avenue, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-09658-000; 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, Celia Cazort Barton, 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, Mary Lou Guthery 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 Mary Lou Guthery 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 71" day of May, 2013. APPROVED: IC LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer aye eyille Code Compliance Program Unsafe Buildinq Violation Determination Address / Location: WC Parcel # 1717 S. Stirman Ave. 765-09658-000 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 Official Vs Observations: a- &- w��+•� ai,•.�•�_ 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: March 6, 2013 Date Received: Z7- SR# 127279 Case# `7it03 Community Services Division Director CCFORM 602 (REV 03/2009) City of Fayetteville Office of Code Compliance Fayetteville, Arkansas 113 West Mountain t 72701 layveltev, Fax 479 444 3445reet Phone 60 ARKANSAS VIOLATION NOTICE March 14, 2013 Owner MARY LOU GUTHERY 1717 S. STIRMAN AVE. FAYETTEVILLE, AR 72701 RE: Property @ 1717 S STIRMAN AVE, Fayetteville, AR WC Parcel # 765-09658-000 -�btl, cvrt-�, 3.11A•06 Dear Property Owner: Case 4 17203 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)575-8260. 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, MATTHEW CHILDERS Code Compliance Officer Cc: file City of Fayetteville Office of Code Compliance Phone Fayetteville, A kans st72701 reet ae e�1 Fax 479-444 344560 ARKANSAS VIOLATION NOTICE March 08, 2013 Owner COMMISSIONER OF STATE LANDS C/O LEGAL DEPARTMENT 109 STATE CAPITOL BLDG LITTLE ROCK, AR 72201 RE: Property @ 1717 S STIRMAN AVE, Fayetteville, AR WC Parcel # 765-09658-000 Dear Property Owner: Case # 17203 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)575-8260. 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, MATTHEW CHILDERS Code Compliance Officer Cc: file W Complete items 1, 2, and 3. Also complete A Item 4 If Restricted Delivery Is desired. w Print your name and address on the reverse so that we can return the card t��! B ■ Attach this card to the hack of t or on the front If space permits. 1. Article Addressed to: D. ❑ Agent ❑ Addre Data of Dail Is deiiverkaddress different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No RECEIVED COMMISSIONER OF STATE LANDS MAR 13 2013 CIO LEAGL DEPARTMENT 109 STATE CAPITOL BLDG Service LITTLE ROCK, AR 72201 Type $ LON ❑ Island o Fieg Return Receipt for MerchandlsQ - - - ❑ Insured Mail ❑ C.D.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. ArticlelVumbr ` - 7010 2780 0001 9242 9633 (Transfer frc m service fabeo �S_ F'grM 381I., Fgbrya. t20Qd Por�estic etum Receipt17zo3 MG 102595-02-M•1540.1, ye .,yl.le April 16, 2013 Mary Lou Guthery 1717 S. Stirman Ave. 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 1717 S. Stirman Ave. (Parcel #765-09658-000), 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 7, 2013 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 Code Compliance Administrator Cc: file ye .RKA.=.,le April 16, 2013 Commissioner of State Lands c/o Legal Department 109 State Capitol Bldg Little Rock, AR 72201 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 1717 S. Stirman Ave. (Parcel #765-09658-000), 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 7, 2013 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 Code Compliance Administrator Cc: file Real Estate Parcel Information Page 1 of 2 Record 1 of 1 Last Updated 04/15/13 Print Page Parcel Number: 765-09658-000 Prev. Parcel Number: 143029-000-00 Type: RI Location: 1717 S STIRMAN AVE Owner Name: GUTHERY, MARY LOU Mailing Address: 1717 STIRMAN FAYETTEVILLE AR 72701 Lot: 007 Block: 010 S-T-R: 21-16-30 Addition: PARKSDALE ADD School District: FAYETTEVILLE SCH, FAY Tax District: 011 City: FAYETTEVILLE Legal: LOTS 7-8 BLOCK 10 Current Year A79 Credit Status: N Last Appraised: 2010 Appraised Value Taxable Value Land 15,000 3,000 Improvement 45,200 4,737 Total 60,200 7,737 Tax History Year Taxable Ad lmP' Valorem Dist. Timber Voluntary A79 A79 Value Tax Tax Credit Status Tax Tax 2012 7,269 $390.71 $0.00 $0.00 $0.00 $0.00 2011 DELINQUENT 2010 DELINQUENT 2009 DELINQUENT 2008 4,250 $218.88 $0.00 $0.00 $0.00 $218.88 2007 4,250 $219.30 $0.00 $0.00 $0.00 $219.30 2006 4,250 $223.98 $0.00 $0.00 $0.00 $223.98 2005 4,250 $223.98 $0.00 $0.00 $0.00 $223.98 2004 4,250 $220.41 $0.00 $0.00 $0.00 $220.41 2003 4,250 $225.08 $0.00 $0.00 $0.00 $225.08 2002 4,250 $220.83 $0.00 $0.00 $0.00 $220.83 2001 4,250 $220.83 $0.00 $0.00 $0.00 $220.83 2000 4,250 $223.13 $0.00 $0.00 $0.00 $223.13 1999 4,250 $217.60 $0.00 $0.00 $0.00 $0.00 1998 4,250 $218.03 $0.00 $0.00 $0.00 $0.00 1997 4,250 $218.03 $0.00 $0.00 $0.00 $0.00 N Net Total Payment Total Tax Status Tax Paid $390.71 $0.00 F $0.00 $0.00 PAID F $0.00 $0.00 PAID F $0.00 $0.00 PAID F $0.00 $0.00 PAID F $0.00 $0.00 PAID F $0.00 $0.00 PAID F $0.00 $0.00 PAID F $0.00 $0.00 PAID F $0.00 $0.00 PAID $217.60 $217.60 PAID $218.03 $218.03 PAID $218.03 $218.03 PAID Available Tax Payment Receipt(s) Year Receipt Payment Ad Valorem lmP. Dist. Timber Voluntary Penalty Payment # Date Tax Tax Tax Tax Tax 1999 9046 10/11/2000 $217.60 $0.00 $0.00 $0.00 $0.00 $217.60 1998 6884 10/5/1999 $218.03 $0.00 $0.00 $0.00 $0.00 $218.03 Deed History Date Deed Grantee1 Grantee2 Deed Sale Revenue Ref. Type Amount Amount 1271- GUTHERY, JOE & http://www.co.washington.ar.us/PropertySearch/RParcelInfo.asp?ST=N&HN=1 &LU=041... 4/16/2013 Real Estate Parcel Information Page 2 of 2 5/23/1988 757 MARY LOU 0 0.00 5/23/1988 1271- GUTHERY, MARY WD 0 757 LOU (SURVIVOR) 10/13/1972 841- GUTHERY, JOE & WD 3,000 3.30 140 MARY LOU Structure Occupancy Construction First Floor Total Year Basement Number Type Type Living Area Living Constructed Area Area 1 SF FS 1680 1680 1966 Grade Condition Exterior Wall Fireplace Year Effective Remodeled Age 5 A SNGL.SIDNG 44 F13—� TC13 7 4 4 MN 4 Sketch: 1 2 I1680] 2 2FFA2 5 (250) 5 40 Li 1 FEP 18 1 DID----) 18-0 Out Buildings and Yard Improvements Qty Description Size Quality 1 Outbuilding,frame 9x12 1 Outbuilding,frame 12x18 1 Driveway, concrete 10x57 1 Driveway, concrete 10x45 Text Item Previews Item Ledger Card I Prev. Ledger Card Plat GIS Parcel Map Return to Search Results Modify Search I New Search http://www.co.washington.ar.us/PropertySearch/RParcelInfo.asp?ST=N&HN=1 &LU=041... 4/16/2013 .ry f'��" fi h,• ea,.. F��•:df 1. r. 1,,.lift f �3'P�:',% 1�� 4r,yliq MAJ W4 M V. V, WI ' alY�c r l r WWR Ro _ N� ER a ;-: I 4,4G w1Ls OR "'r- �UAIS.G6ilEr7RT.RA 70WN5}1lp,ST r' _ �, _r ' S� f i J sa rsr ;- _ A -Lit r-YAFLrii1 LA ' �- Mags if. I {I! 1717'SttrtRanAvo. -_-� r ---' 1, I fi � 1� •r 1