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HomeMy WebLinkAbout88-13 RESOLUTIONRESOLUTION NO. 88-13 A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY CELIA CAZORT BARTON LOCATED AT 320 W. SKELTON STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, Celia Cazort Barton is the record owner of the real property situated at 320 W. Skelton Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-10841-000; 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, Celia Cazort Barton 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 Celia Cazort Barton 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". 0111111;'.''� ,, f, Y OF PASSED and APPROVED this 16th day of April, 2013. �'•�"' .� APPROVED: ATTEST: ��yS • o ui-n�`_ `,� ���: I111E1:14i1j By: �r�il�i SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form V12.0724 Budget Year Division: Community Services Request Date Adjustment Number 2013 Department: Development Services 3/5/2013 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Move $6500 from use of fund balance to Raze and Removals for 320 Skelton, project 4033-1303. 1 Budg irector Date -J1�1- DI-z+ 7-v Departure (rector Date 4c,A Q 3- z1-2a1-3 Finance Director Date A114 Aaln'= -1-/'? Chieftftifr I Date Account Name Raze and Removals Use of fund balance Date Prepared By: Rachel rarelds 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 TOTAL BUDGET ADJUSTMENT 6,500 6,500 Increase / (Decrease) Project.Sub Account Number Expense 1010.6420.5315.04 6,500 1010.0001.4999.99 Revenue Number - Oc733. /3a3 6,500 C:\Documents and Settings\rafields\Desktop\l3A's 2013\13A Code Raze and Remove 320 Skelton 3.5.13 1 of 1 City of Fayetteville Staff Review Form Yolanda Fields Submitted By City Council Agenda Items and Contracts, Leases or Agreements 4/16/2013 City Council Meeting Date Agenda Items Only Community Services Development Services Division Department Action Kequirea: Public Hearing and Resolution to order the Raze and Removal of the unsafe structure located at 320 W. Skelton Street. (WC Parcel # 765-10841-000) and approval of a Budget Adjustment in the amount of $6,500.00. $ 6,500.00 $ Ll ,1?7 S, x Cost of this request Category / Project Budget `I 1010.6420.5315.04 $ �, 7 S - CZ Account Number Funds Used to Date SOD 373— /3o3 $ - Project Number Remaining Balance Budgeted Item Budget Adjustment Attached �X 111-2+1 W3 Date Date `- J 0. _ L'�, 3 - 29, - X. i 3 Finance and Internal Services Director Date of ,/ ,r� 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 i EREi9 Received in � Mayor's Office approval of the Resolution and budget adjustment. Revised January 15, 2009 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Development Services Department Director From: Yolanda Fields, Community Services Director.. 1 Date: March 25, 2013 Subject: Raze and Removal of structure on 320 W. Skelton Street RECOMMENDATION Staff recommends approval of the Resolution ordering the Razing and Removal of a dilapidated and unsafe structure located at 320 W. Skelton Street. Staff also recommends approval of the budget adjustment in the amount of $6,500.00. BACKGROUND Service Request # 122996, Case # 16708: Code Compliance responded to a request concerning the structure located at 320 W. Skelton 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 repairable; foundation is collapsing, walls and roof rotten out and soggy. Heating and Electrical needs to be brought up to current codes. On October 10, 2012, an Unsafe Building Notice of Violation was sent to the property owner, Celia Cazort Barton. On October 18, 2012, our office received the Certified Mail Receipt signed by the property owner. By ordinance, the property owner was given until November 18, 2012 to acquire a building permit or to raze and remove the structure. On February 11, 2013, a Notice of Public Hearing was sent to the property owner informing her of the April 16, 2013 Public Hearing. On February 22, 2013, our office received the Certified Mail Receipt signed by the property owner. DISCUSSION This parcel contains a 1,338 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. 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 $6,500.00 RESOLUTION NO. A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY CELIA CAZORT BARTON LOCATED AT 320 W. SKELTON STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, Celia Cazort Barton is the record owner of the real property situated at 320 W. Skelton Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-10841-000; 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, Celia Cazort Barton 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 Celia Cazort Barton 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 16th day of April, 2013. /_I».Z�1�/ I MPA LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer aye eylle Code Compliance Program Unsafe Building Violation Determination Address / Location: WC Parcel # 320 W. Skelton Street 765-10841-000 I have determined that the structure above has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. II recommend the raze and removal of the structure. l recommend securing the structure. Building Official 1t7 aCA—CZ Observations: Date Sent: Date Receii + i .iM-0111111111 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 SR# 122996 Case# .'ommunity Services Division Director 02 (REV 03/2009) City of Fayetteville Office of Code Compliance 113 West Mountain Phone Fayetteville, A kansastreet 72701 layve P T i le Fax 479444 344560 AHKANSAS VIOLATION NOTIC October 10, 2012 Owner CELIA CAZORT BARTON 7907 PRESTWOOD DR. HOUSTON, TX 77036-2821 RE: Property @ 320 W SKELTON ST, Fayetteville, AR WC Parcel # 765-10841-000 Dear Property Owner: Case # 16708 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 yod 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 bur 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 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article AV- ressed to: CELIA BARTON 7907 PRESTWOOD DR HOUSTON, TX 77036-2821 Reqblved by ( ted Nam C. Pate eli D. Is delivery address different from ttern5Af 0 If YES, enter delivery address below: ❑ No RECEIVED ocr f & 202 3. T @ OR Cert DU � Certiff I ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4.. Restricted C edvary7 (Extra Fee) _ ❑ Yes 2. Article Number= (transfer from service label) 7010 2780 0002 0395 5373 P$ Form 3811, February 2004. Romestic Retum ReceiptrVJOJ RL 102595-02-M-1540 m r- (Domestic. Providet m , , � OFFICIAL U S• E D, m Postage $ 1 �D70g 0 Certified Fee�Z— ru C3 Return Recelpt Fee Pos"ark O (Endorsement Required) Here O Restricted Delivery Fee (Endorsement Required) CO r — Total Postage & Fees ru E3 Sent TO r-i L-----------------------------------------------------------•-------------------- 0 S[reef, Apt No.; or PO Box No. ----------------------------------------------- Ciry, Stare, ZIP+4 ---•--•------ = f'S form 3800, August 2006 See Reverse for Instructions yeCvi.,le February 11, 2013 Celia Cazort Barton 7907 Prestwood Drive Houston, TX 77036-2821 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. Skelton Street (Parcel #765-10841-000), 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 April 16, 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 ■ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired, ! Print your name and address on the reverse so that we can returns the card to you. K Attach this card to the back of the mallpl%e, or on the front if space permits. �.1. Article Addressed to: CELIA-CAZORT BARTON . 07 PRESTWOOD DRIVE USTON , TX 77036-2821 A. X ❑ Agent ❑ Addressee ed by P►fnted } C. Dat of DeliverX D. Is delivery address different from item 1? ❑ Yes If YES, enter�Iq,IjKery,3dd�,�s below: ❑ No r'(tcrNED FEB 2 2 2013 3. Service Tyd �„ ' 911�ON certified p Registered Q Return Recelp� for Merdtandieq ❑ Insured Mall 0 C.O.D. 1 ` 4. Restricted Delivery? (Extra Fee) ❑ Yes Adele Number 7011 3500 0000 8322 6077 (Tlarisfer from service IaW Form 38'I1, Febryary 2004 PomeMlo Return Recelpt 147clr 11 I~ IMMS-M-M-l"o ` r� (Domestic- 0 OFFICIAL USE rUL ru M Postage s Me707 m Certified Fee 0 Return Receipt Fee (Endorsement Required) Postmark Here O Restricted Delivery Fee p (Endorsement Required) O L l Total Postage & Fees m o rl C] 3`tiaeL Ap"r.' No. ..»........... - rl- or PO Box No. City, State, ZIP+4 300, August 200E Real Estate Parcel Information Page 1 of 2 Record 1 of 1 Last Updated 03/24/13 Print Page Parcel Number: 765-10841-000 Prev. Parcel Number: 144063-000-00 Type: RI Location: 320 W SKELTON ST Owner Name: BARTON, CELIA CAZORT Mailing Address: 7907 Prestwood Dr Houston TX 77036-2821 Lot: Block: 004 S-T-R: 28-16-30 Addition: SKELTONS S/D School District: FAYETTEVILLE SCH, FAY Tax District: 011 City: FAYETTEVILLE Legal: SOUTH HALF LOT 5 BLOCK 4 Current Year A79 Credit Status: V Last Appraised: 2010 Appraised Value Taxable Value Land 55,300 11,060 Improvement 20,350 4,070 Total 75,650 15,130 Tax History Taxable Year Ad Imp. Timber Voluntary Valorem Dist. A79 A79 Net Total Total Tax Payment Value Tax Tax Tax Tax Credit Status Tax Paid Status 2011 DELINQUENT 2010 15,130 $820.80 $0.00 $0.00 $0.00 $0.00 V $820.80 $820.80 PAID 2009 14,040 $723.06 $0.00 $0.00 $0.00 $0.00 V $723.06 $723.06 PAID 2008 5,449 $280.62 $0.00 $0.00 $0.00 $0.00 V $280.62 $280.62 PAID 2007 11,880 $613.01 $0.00 $0.00 $0.00 $0.00 V $613.01 $613.01 PAID 2006 10,800 $569.16 $0.00 $0.00 $0.00 $0.00 V $569.16 $569.16 PAID 2005 10,272 $541.33 $0.00 $0.00 $0.00 $0.00 V $598.43 $598.43 PAID 2004 9,416 $488.31 $0.00 $0.00 $0.00 $0.00 V $488.31 $488.31 PAID 2003 8,560 $453.34 $0.00 $0.00 $0.00 $0.00 V $528.69 $528.69 PAID 2002 7,932 $412.15 $0.00 $0.00 $0.00 $0.00 $462.34 $462.34 PAID 2001 7,271 $377.80 $0.00 $0.00 $0.00 $0.00 $415.58 $415.58 PAID 2000 6,610 $347.03 $0.00 $0.00 $0.00 $0.00 $403.51 $403.51 PAID 1999 6,610 $338.43 $0.00 $0.00 $0.00 $0.00 $390.54 $390.54 PAID 1998 6,610 $339.09 $0.00 $0.00 $0.00 $0.00 $429.80 $429.80 PAID 1997 6,610 $339.09 $0.00 $0.00 $0.00 $0.00 $379.58 $379.58 PAID Available Tax Payment Receipt(s) Year Receipt Payment Ad Valorem Imp. Dist. Timber Voluntary Penalty Payment # Date Tax Tax Tax Tax Tax 2010 1110132 03/09/2012 $820.80 $0.00 $0.00 $0.00 $120.25 $941.05 2009 21613 06/03/2010 $323.06 $0.00 $0.00 $0.00 $0.00 $323.06 2009 3725 04/23/2010 $100.00 $0.00 $0.00 $0.00 $0.00 $100.00 2009 6719 05/03/2010 $300.00 $0.00 $0.00 $0.00 $0.00 $300.00 2008 1051385 12/03/2009 $280.62 $0.00 $0.00 $0.00 $36.21 $316.83 2008 23964 06/03/2009 $386.82 $0.00 $0.00 $0.00 $0.00 $386.82 2007 1027070 12/01/2008 $613.01 $0.00 $0.00 $0.00 $74.03 $687.04 2006 27924 4/23/2007 $330.24 $0.00 $0.00 $0.00 $0.00 $330.24 http://www.co.washington.ar.us/PropertySearch/RParcelInfo.asp?ST=N&HN=1 &LU=032... 3/25/2013 Real Estate Parcel Information Page 2 of 2 2006 77238 8/22/2007 $238.92 $0.00 $0.00 $0.00 $0.00 $238.92 2005 141121 10/30/2006 $541.33 $0.00 $0.00 $0.00 $57.10 $598.43 2004 42025 5/17/2005 $488.31 $0.00 $0.00 $0.00 $0.00 $488.31 2003 4077 5/17/2005 $453.34 $0.00 $0.00 $0.00 $75.35 $528.69 2002 14907 11/24/2003 $412.15 $0.00 $0.00 $0.00 $50.19 $462.34 2001 120514 11/14/2002 $377.80 $0.00 $0.00 $0.00 $37.78 $415.58 2000 5022 4/18/2002 $347.03 $0.00 $0.00 $0.00 $56.48 $403.51 1999 4564 4/26/2001 $338.43 $0.00 $0.00 $0.00 $0.00 $390.54 1998 4563 4/26/2001 $339.09 $0.00 $0.00 $0.00 $0.00 $429.80 Deed History Date Deed Ref. Granteel Grantee2 Deed Type Sale Revenue Amount Amount 9/16/2003 2003- BARTON, QC 0 51161 CELIA CSS 2003-51161 QC NO REV 6/9/1997 97-38745 BARTON, JIMMY QC 0 0.00 JLF 97-38745 QCD NO REV. 1/1/1985 0-0 BARTON, INA 0 0.00 Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 1 SF MV 1338 1338 1949 Grade Condition Exterior Wall Fireplace Year Remodeled Effective Age 4 P STONE VEN 61 4 2 MN 6 (1338) Sketch: 3 8 31--------- 1 2 1 14 Next Item I Previous Item I Ledger Card I Prev. Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search I New Search http://www.co.washington.ar.usIPropertySearchIRParcellnfo.asp?ST=N&HN=1 &LU=032... 3/25/2013 T 1 �'<`� i ` ����� -►.,ram �'� �';� � ,` ,,. '� ;`-� —ate � .�. "e' • �.Ohl w . y11LL .nisi ;�K•M _... .•.• +M�-.y 4±. 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