HomeMy WebLinkAbout175-13 RESOLUTIONRESOLUTION NO. 175-13
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY MARSHALL
AARON MAHAN LOCATED AT 515 E. TOWNSHIP STREET IN THE CITY
OF FAYETTEVILLE, ARKANSAS
WHEREAS, Marshall Aaron Mahan is the record owner of the real property situated at
515 E. Township Street, City of Fayetteville, Washington County, Arkansas, more particularly
described as follows:
WC Parcel Number 765-13391-000; 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 owner, having been properly served with a Violation Notice by
personal hand -delivery, 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, Marshall Aaron Mahan 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 Marshall Aaron Mahan 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.
PASSED and APPROVED this 6th day of August, 2013.
APPROVED:
By
ATTEST:
SONDRA E. SMITH, City Cler. � . gas er
F7AYE
i7F'V1��_F
'1Ifi E 11�>>' 1`','
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/6/2013
City Council Meeting Date
Agenda Items Only
Community Services Development Services
Division Department
Action Required:
Public Hearing and Resolution to order the Raze and Removal of the unsafe structure located at 515 E. Township
Street. (WC Parcel # 765-13391-000)
$ 4,200.00
$ 16,275.00
Cost of this request
Category / Project Budget Program Category / Project Name
1010.6420.5315.04
$ 4,875.00 Raze and Removal
Account Number
Funds Used to Date Program / Project Category Name
50033-1304
$ 11,400.00 General Fund
Project Number
Remaining Balance Fund Name
Budgeted Item
Budget Adjustment Attached
J I I L'Ssl -
0.1 w Previous Ordinance or Resolution #
-
Department bir6&or
Date
Original Contract Date:
Original Contract Number:
City Attorney
Date
Finance and Internal Services Director
Date Received in City
Clerk's Office
Chief of Staff
Date
Received in
Mayor's Office
Mayor
Date
Comments: Staff recommends approval of the Resolution.
Revised January 15, 2009
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/6/2013
City Council Meeting Date
Agenda Items Only
Community Services Development Services
Division Department
Action rtegwrea:
Hearing and Resolution to order the Raze and Removal of the unsafe structure located at 515 E. Township
(WC Parcel # 765-13391-000)
$ 4.200.00
Cost of this request
1010.6420.5315.04
Account Number
Project Number
Budgeted Item I�.J
16,275.00
Category / Project Budget
$ 4,875.00
Funds Used to Date
$ 11,400.00
Remaining Balance
Budget Adjustment Attached
Department ' for Date
City A Date
Date
Program Category / Project Name
Raze and Removal
Program / Project Category Name
General Fund
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
7-/f - o
Date ja�
Received in
Mayor's Office (7
_14
D to
Comments: Staff recommends approval of the Resolution.
Revised January 15, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy Pate, Development Services Department Dire=4
From: Yolanda Fields, Community Service r r
Date: July 17, 2013
Subject: Raze and Removal of structure at 515 E. Township Street
RECOMMENDATION
Staff recommends approval of the Resolution ordering the Razing and Removal of a dilapidated
and unsafe structure located at 515 E. Township Street.
BACKGROUND
Service Request # 126792, Case # 17190: Code Compliance responded to a request concerning
the structure located at 515 E. Township 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: House is beyond effective repair; roof has holes, sheetrock wet and falling.
Cost to repair and bring to current codes exceeds value of structure.
On April 12, 2013, an Unsafe Building Notice of Violation was hand delivered to the property
owner, Aaron Mahan. By ordinance, the property owner was given until May 13, 2013 to
acquire a building permit or to raze and remove the structure.
On July 2, 2013, a Notice of Public Hearing was hand delivered to the property owner informing
him of the August 6, 2013 Public Hearing.
DISCUSSION
This parcel contains a 1,295 square foot single family dwelling. The structure is not secured and
has deteriorated to a point where it is no longer safe. There is not a current building permit on
this structure.
BUDGETIMPACT
If the property owner does not comply with the Raze and Removal order, Raze and Removal
costs will be expensed to current budget. A Lien will be placed on the property for the incurred
costs. The current budget balance is a result of other raze and removal addresses that were
corrected by the property owners. Therefore, we will not be requesting a budget adjustment for
this raze and removal.
RESOLUTION NO.
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY MARSHALL
AARON MAHAN LOCATED AT 515 E. TOWNSHIP STREET IN THE
CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, Marshall Aaron Mahan is the record owner of the real property situated at
515 E. Township Street, City of Fayetteville, Washington County, Arkansas, more particularly
described as follows:
WC Parcel Number 765-13391-000; 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 owner, having been properly served with a Violation Notice
by personal hand -delivery, 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, Marshall Aaron Mahan 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 Marshall Aaron Mahan 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.
PASSED and APPROVED this 61" day of August, 2013.
APPROVED:
IN
ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
aye e��ille
Code Compliance Program
Unsafe Building Violation Determination
Address I Location:
WC Parcel #
515 E. Township St.
'765-13391-000
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.
17 I recommend securing the structure.
Building Official
Observations:
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 4, 2013
Date Received: �}
SR9 126792
casef / 7/ 90
Community Services Division Director
CCFORM 602 (REV 0312009)
City of Fayetteville ! Office of Code Compliance
113 West Mountain Street layve
�j j Phone 479-575-8260
Fayetteville, Arkansas 72701 ZrJ le Fax 479-444-3445
ARKANSAS
VIOLATION NOTI
April 12, 2013
Owner AARON MAHAN
P.O. BOX 361
FARMINGTON, AR 72730
RE: Property @ 515 E TOWNSHIP ST, Fayetteville, AR
WC Parcel # 765-13391-000
Dear Property Owner:
Case 4 17190
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)444-3428.
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,
LAURA WILSON
Code Compliance Officer
Cc: file
aye eville
Code Compliance Program
OFFICER DELIVERY FORM
Document: 173.09 Unsafe Buildings
Name and Address to Deliver: Aaron Mahan
P.O. Box 361
Farmington, AR 72730
.-njOwner/Occupant's Signature:, LY
Return of Service
I certify that I provided a true copy of the document described above to:
Name of Recipient: ' `Q,, Y 1 a n
� s
Officer Name: V` (}� . \ 0 r l
Officer Signature:
Delivery Date: i
MFORM 601 (RFVww7 7$
0 1
aye OVI
June 24, 2013
Aaron Mahan
PO Boy: 361
Farmington, AR 72730
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 515 E. Township St. (Parcel #765-13391-000), 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 August 6, 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,
ODallpliance Administrator
Cc: file
MENEr•
Ta'ye e�1
Aftl:ANShS
Code Compliance Program
OFFICER DELIVERY FORM
Document: 173.09 Unsafe Buildings
Name and Address to Deliver:
Owner/Occupant's Signature:
Aaron Mahon AA NA s j /14g2srlA cL A A20 d
P.O. Box 361
Farmington, AR 72730
Return of Service
S'/7 C-. `l,wm5N,p
FgY-z7�=v�u�=, A2 7a7 61
l certify that i provided a true copy of the document described above to:
Name of Recipient:
Officer Name:
Officer Signature:
Delivery Date:
CCFORM 601 (REV 03/2007)
Real Estate Parcel Information
Page 1 of 2
Record 1 Of 1 Last Updated 07/16/13
Print Page
Parcel Number: 765-13391-000 Prev. Parcel Number: 146555-000-00 Type: RI
Location: 515 E TOWNSHIP ST
Owner Name: MAHAN, AARON
Mailing Address: PO BOX 361 FARMINGTON AR 72730
Lot: Block: S-T-R: 03-16-30
Addition: 3-16-30 FAYETTEVILLE OUTLOTS
School District: FAYETTEVILLE SCH, FAY Tax District: 011
City: FAYETTEVILLE
Legal: PT E/2 FRL NW .53 A.
Current Year A79 Credit Status: N
Last Appraised: 2013 Appraised Value Taxable Value
Land 35,000 7,000
Improvement 6,700 1,340
Total 41,700 8,340
Tax History
Taxable Ad Imp.
Year Valorem Dist.
Timber Voluntary
A79
A79 Net Total Payment
Total Tax
Value
Tax Tax
Tax Tax
Credit
Status Status
Tax Paid
2012 13,710 $736.91 $0.00
$0.00 $0.00
$350.00
O $386.91 $0.00
2011
DELINQUENT
2010 13,710 $743.77 $0.00
$0.00 $0.00
$350.00
O $393.77 $393.77 PAID
2009 16,320 $840.48 $0.00
$0.00 $0.00
$350.00
O $490.48 $490.48 PAID
2008 16,320 $840.48 $0.00
$0.00 $0.00
$350.00
OF $490.48 $490.48 PAID
2007 12,789 $659.91 $0.00
$0.00 $0.00
$350.00
$309.91 $309.91 PAID
2006 11,626 $612.69 $0.00
$0.00 $0.00
$0.00
$612.69 $612.69 PAID
2005 10,732 $565.58 $0.00
$0.00 $0.00
$0.00
$565.58 $565.58 PAID
2004 9,838 $510.20 $0.00
$0.00 $0.00
$0.00
$510.20 $510.20 PAID
2003 8,944 $473.67 $0.00
$0.00 $0.00
$0.00
$473.67 $473.67 PAID
2002 8,256 $428.98 $0.00
$0.00 $0.00
$0.00
$428.98 $428.98 PAID
2001 7,568 $393.23 $0.00
$0.00 $0.00
$0.00
$393.23 $393.23 PAID
2000 6,880 $361.20 $0.00
$0.00 $0.00
$0.00
$361.20 $361.20 PAID
1999 6,880 $352.26 $0.00
$0.00 $0.00
$0.00
$352.26 $352.26 PAID
1998 6,880 $352.94 $0.00
$0.00 $0.00
$0.00
$352.94 $352.94 PAID
1997 6,880 $352.94 $0.00
$0.00 $0.00
$0.00
$352.94 $352.94 PAID
Available Tax Payment Receipt(s)
Year Receipt Payment
Va d Dist.
Timber Voluntary Penalty Payment
# Date
Tax Tax
Tax
Tax Tax
2010 1119905 10/02/2012
$393.77 $0.00
$0.00
$0.00 $81.46 $475.23
20091097467 11/09/2011
$490.48 $0.00
$0.00
$0.00 $106.13 $596.61
2008 1054519 01/13/2010
$490.48 $0.00
$0.00
$0.00 $65.82 $556.30
2007 1035032 02/27/2009
$309.91 $0.00
$0.00
$0.00 $46.88 $356.79
2006 118775 10/9/2007
$612.69 $0.00
$0.00
$0.00 $0.00 $612.69
2005 69480 8/3/2006
$565.58 $0.00
$0.00
$0.00 $0.00 $565.58
2004 53622 7/8/2005
$510.20 $0.00
$0.00
$0.00 $0.00 $510.20
2003 58805 8/20/2004
$473.67 $0.00
$0.00
$0.00 $0.00 $473.67
2002 66970 9/5/2003
$428.98 $0.00
$0.00
$0.00 $0.00 $428.98
http://www.co.washington.ar.usIPropertySearchIRParcelInfo.asp?ST=N&HN=1 &LU=071... 7/17/2013
Real Estate Parcel Information
Page 2 of 2
2001 5578 4/1/2002 $393.23
$0.00 $0.00 $0.00
$0.00
$393.23
2000 2465 4/2/2001 $361.20
$0.00 $0.00 $0.00
$0.00
$361.20
1999 7187 7/5/2000 $352.26
$0.00 $0.00 $0.00
$0.00
$352.26
1998 6881 6/25/1999 $352.94
$0.00 $0.00 $0.00
$0.00
$352.94
1997 4563 7/6/1998 $352.94
$0.00 $0.00 $0.00
$0.00
$352.94
Deed
History
Date Deed Granteel
Grantee2 Deed Sale
Revenue
Ref.
Type Amount Amount
11/7/2007 2007- MAHAN,
FD 0
42032 AARON
SN 2007-42032 FD NO REV PER PROBATE PR2006-778-5
1/111985 920-83 WAITS,
0
0.00
BOBBY
Structure Occupancy Construction
First Floor Total Living
Year
Basement
Number Type Type Living Area Area Constructed
Area
1 SF FS
1295 1295
1950
Grade Condition Exterior Wall Fireplace Year Effective
Remodeled Age
5 P STANDARD 1SF 60
F--17----1
7 7
F10-j
�22
7 MN
Sketch: 4 (1295) 4
49
6 g 10 S 12
L-1 p WD(120) 0
12-J
Out Buildings and Yard Improvements
Qty Description Size Quality
1 Gravel Driveway
Next Item I Previous Item I Ledger Card I Prev. Ledger Card I GIS Parcel Map I Return to Search Results
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http://www.co.washington.ar.us/PropertySearch/RParcelInfo.asp?ST=N&HN=1 &LU=071... 7/17/2013
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013 09:31
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I •
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
PROBATE DIVISION lolllllitimaillille
Recordp ed: °i/ap/P8g7Citru30!: R1 PM
E
In the Matter of the Estate of Pee Amt; i20.00 pace 3 of Z
vaahin" on County. aR
6ette 9tamca Circuit Clerk
BOBBY WAITS, Deceased Case No.PR-2006-778-5
FIDUCIARY'S DEED File2007-00042032
The undersigned, Matthew Mahan, being the duly appointed, qualified, and acting Personal
Representative of the Estate of Bobby Waits, deceased, pursuant to Orders of the Washington County
Probate Court entered February 2, 2007 and for One Dollar ($1.00) and other valuable consideration to
us in hand paid by Aaron Mahan, hereafter called Grantee, the receipt of which is hereby
acknowledged; do hereby GRANT, BARGAIN, SELL, and CONVEY unto said Grantee, and unto his
heirs and assigns forever, all the said decedent's right, title, and interest, discharged from liability for
his debts, in and to the following described real property situated in Washington County, Arkansas:
A Part of the East half of the fractional Northwest quarter of Section three (3) in
Township sixteen (16) North of Range thirty (30) West, being more particularly
described as follows:
Beginning at a point on the North line of the said East half of the fractional Northwest
quarter of said Section three (3) which is four hundred eighty one and one half (481 '/2)
feet East of the East line of U.S. Highway No. 71, which point on said highway is eight
(8) links East of the North West corner of said East half of the Fractional Northwest
quarter of Section three (3), and running, thence East Seventy two (72) feet, thence South
three hundred twenty one and one -tenth (321.1) feet; thence West seventy two (72) feet;
thence North three hundred twenty one and one -tenth (321,1) feet to the place of
beginning, containing fifty three hundredths (.53) of an acre, more or less.
TO HAVE AND TO HOLD the same unto Grantees and unto his heirs and assigns forever, together
with all appurtenances thereunto belonging,
EXECUTED the 7 day of November 2007.
Matthew Mahan, Personal Representative
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On the day of November, 2007, personally appeared before me, the undersigned
Notary Public, atthew Mahan, Personal Representative in the Bobby Waits Estate, to me well
known, and acknowledged that he had executed the foregoing instrument in the capacity and for the
purposes and consideration therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
MELISSA JONES
w ,z WashlnplonCounty
My O�usslon�1Slres
Votary Public
Send Tax Bills To:
Aaron Mahan
P. 0. Box 361
Farmington, AR 72730
Prepared by:
Dianne C. Boyd
Boyd Law Firm
840 N Pollard
Fayetteville, AR 72701
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy Pate, Development Services Depa lent 0itrectord
r`
From: Yolanda Fields, Community Services Dir c
Date: July ll-, 2013 -
Subject: Raze and Removal of structure at 515 E. Township Stre�/
RECOMMENDATION
Staff recommends approval of the Resolution orderi/theazingd Removal of a dilapidated
and unsafe structure located at 515 E. Township Str
BACKGROUND
Service Request # 126792, Case # 17190: Cori ompliance responded to a request concerning
the structure located at 515 E. Township Stree . ''The structure appeared to be in violation of
Subsection 173.09(A), Unsafe Buildings, of e City Code of Ordinances. The Chief Building
Official inspected the property and determ' ed that he structure was in violation of Subsection
173.09(A), Unsafe Buildings, of the City ode of Ordinances. Specifically, the Chief Building
Official observed: House is beyond eff cfive repair; ro f has holes, sheetrock wet and falling.
Cost to repair and bring to current c des exceeds value\ f structure.
On April 12, 2013, an Unsafe Buil ing Notice of Violati6� was hand delivered to the property
owner, Aaron Mahan. By ordin ce, the property owner was given until May 13, 2013 to
acquire a building permit or to aze and remove the structure,
On July 2, 2013, a Notice of ublic Hearing was hand delivered to the property owner informing
him of the August 6, 2013 ublic Hearing.
DISCUSSION
This parcel contains 1,295 square foot single family dwelling. The Structure is not secured and
Ilahas deteriorated to point where it is no longer safe. There is not a cureept building permit on
this structure.
BUDGET IMPACT
If the property owner does not comply with the Raze and Removal order, Raze and -Removal
costs will be expensed to current budget. A Lien will be placed on the property for the incurred
costs.