HomeMy WebLinkAboutORDINANCE 6127 F FAYf rT
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113 West Mountain Street
Fayetteville,AR 72701
(479)575-8323
Ordinance: 6127
File Number: 2018-0663
AMEND SECTION 166.15(C) EXPIRATION OF BUILDING PERMIT:
AN ORDINANCE TO AMEND SECTION 166.15 (C) EXPIRATION OF BUILDING PERMIT OF THE
UNIFIED DEVELOPMENT CODE TO REQUIRE THE AUTOMATIC EXPIRATION OF A BUILDING
PERMIT 30 DAYS AFTER THE CITY COUNCIL HAS ORDERED THE RAZE AND REMOVAL OF
THE STRUCTURE
WHEREAS, pursuant to section 166.15 (C) Expiration of Building Permit; a building permit normally
does not expire until 180 days even if work has not begun on the project or until two years if work had
begun,but the project has not been substantially completed; and
WHEREAS, the City staff is concerned about directing its contractor to raze and remove a dilapidated
structure if its owner has obtained a building permit to repair and rehabilitate the building as long as that
building permit remains active and viable; and
WHEREAS, the City Attorney, the Building Official and the Community Resources Director recommend a -
code amendment to give the Building Official the authority to cancel a building permit for a building
ordered by the City Council to be razed and removed if substantial work and progress on repair and
rehabilitation of the building is not accomplished within 30 days of the City Council's Order of Raze
and Removal; and
WHEREAS, if the City Council has ordered the raze and removal of a dilapidated structure, any building
permit issued regarding the dilapidated structure should expire and be canceled by the Building Official
within thirty (30) days of the City Council's Order unless such substantial work has begun or been
accomplished that the Building Official determines that all the building issues considered by the City
Council when it ordered the building to be razed and removed will be substantially repaired or remediated
within a reasonably short period of time.
Page 1 Printed on 12/19/18
Ordinance 6127
File Number: 2018-0663
•
NOW THREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends Section 166.15
(C) Expiration of Building Permit of the Unified Development Code by enacting a new subsection (3) as
follows:
"(3) Expiration of Building Permit After City Council Orders Raze and Removal of Dilapidated
Structure. If the City Council has determined that a building is so unsafe, dilapidated, unsanitary, or -
such a nuisance that its raze and removal is necessary and orders such raze and removal pursuant to
Section 173.09 of the Unified Development Code, any existing building permit shall automatically expire
and be canceled by the Building Official within thirty (30) days of the City Council's Order of Raze
and Removal unless the Building Official determines that such substantial work and progress has been -
accomplished that all of the safety and other problems of the building justifying its raze and removal have
been or will soon be repaired, remediated or resolved so that a reasonable extension of the building
permit is justified. The Building Official may also issue a new building permit for a structure's repair and
rehabilitation within thirty (30) days of the Order of Raze and Removal, but such new building permit _
shall be authorized only for a thirty (30) day time limit to accomplish complete repair and renovation
of the structure or at least sufficient work and progress so that the Building Official can determine that all
of the safety and other problems of the building justifying its raze and removal will be promptly
repaired, remediated or resolved so that a reasonable extension of the building permit is justified. The
Building Official may then extend either the existing or new building permit for a period of time the
Building Official deems sufficient to complete the repair, rehabilitation and remediation of the building."
PASSED and APPROVED on 12/18/2018
Approved: Attest:
Ltha- 6C: Z1-;:elt
AraaeA&LAri...rir
Li ylld J•rdan, ,or Sondra E. Smith,City Clerk Treasurer
111 FAYETTEVILLE:
Page 2 �fi�`! a;i Elia eeie(bn 12/19/18
AYErT� City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville,AR 72701
(479)575-8323
Text File
/ File Number: 2018-0663
Agenda Date: 12/18/2018 Version: 1 Status: Passed
In Control:City Council Meeting File Type:Ordinance
Agenda Number: D. 3
AMEND SECTION 166.15(C)EXPIRATION OF BUILDING PERMIT:
AN ORDINANCE TO AMEND SECTION 166.15 (C) EXPIRATION OF BUILDING PERMIT OF THE
UNIFIED DEVELOPMENT CODE TO REQUIRE THE AUTOMATIC EXPIRATION OF A BUILDING
PERMIT 30 DAYS AFTER THE CITY COUNCIL HAS ORDERED THE RAZE AND REMOVAL OF
THE STRUCTURE
WHEREAS, pursuant to' section 166.15 (C) Expiration of Building Permit; a building permit normally does
not expire until 180 days even if work has not begun on the project or until two years if work had begun, but
the project has not been substantially completed;and
WHEREAS, the City staff is concerned about directing its contractor to raze and remove a dilapidated
structure if its owner has obtained a building permit to repair and rehabilitate the building as long as that building
permit remains active and viable;and
WHEREAS, the City Attorney, the Building Official and the Community Resources Director recommend a
code amendment to give the Building Official the authority to cancel a building permit for a building ordered by
the City Council to be razed and removed if substantial work and progress on repair and rehabilitation of the
building is not accomplished within 30 days of the City Council's Order of Raze and Removal;and
WHEREAS, if the City Council has ordered the raze and removal of a dilapidated structure, any building
permit issued regarding the dilapidated structure should expire and be canceled by the Building Official within
thirty (30) days of the City.Council's Order unless such substantial work has begun or been accomplished that
the Building Official determines that all the building issues considered by the City Council when it ordered the
building to be razed and removed will be substantially repaired or remediated within a reasonably short period
of time.
NOW THREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends Section 166.15 (C)
Expiration of Building Permit of the Unified Development Code by enacting a new subsection(3)as follows:
"(3) Expiration of Building Permit After City Council Orders Raze and Removal of Dilapidated
City of Fayetteville,Arkansas Page 1 Printed on 12/19/2018
File Number:2018-0663
Structure. If the City Council has determined that a building is so unsafe, dilapidated, unsanitary, or such a
nuisance that its raze and removal is necessary and orders such raze and removal pursuant to Section 173.09 of
the Unified Development Code, any existing building permit shall automatically expire and be canceled by the
Building Official within thirty (30) days of the City Council's Order of Raze and Removal unless the Building
Official determines that such substantial work and progress has been accomplished that all of the safety and
other problems of the building justifying its raze and removal have been or will soon be repaired, remediated or
resolved so that a reasonable extension of the building permit is justified. The Building Official may also issue a
new building permit for a structure's repair and rehabilitation within thirty (30) days of the Order of Raze and
Removal, but such new building permit shall be authorized only for a thirty (30) day time limit to accomplish
complete repair and renovation of the structure or at least sufficient work and progress so that the Building
Official can determine that all of the safety and other problems of the building justifying its raze and removal will
be promptly repaired, remediated or resolved so that a reasonable extension of the building permit is justified.
The Building Official may then extend either the existing or new building permit for a period of time the Building
Official deems sufficient to complete the repair,rehabilitation and remediation of the building."
City of Fayetteville,Arkansas Page 2 Printed on 12/19/2018
City of Fayetteville Staff Review Form
2018-0663
Legistar File ID
12/18/2018
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
City Attorney Kit Williams 11/20/2018 CITY ATTORNEY(021)
Submitted By Submitted Date Division/Department
Action Recommendation:
An ordinance to amend Section 166.159(C)Expiration of Building Permit of the Unified Development Code to
require the automatic expiration of a building permit 30 days after the City Council has ordered the raze and
removal of the structure.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance $
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
V20180321
Purchase Order Number: Previous Ordinance or Resolution#
Change Order Number: Approval Date:
Original Contract Number:
Comments:
1
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____ DEPARTMENTALCORRESPONDENCE rr
1
OFFICE OF THE "kaxs#'s
CITY ATTORNEY
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
TO: Mayor Lioneld Jordan Rhonda Lynch
City Councilctrnfegcad
CC: Don Marr, Chief of Staff
Paul Becker, Chief Financial Officer
Garner Stoll, Community Services Director
Yolanda Fields, Community Resources Director
Matthew Cabe, Building Safety Official
FROM: Kit Williams, City Attorney('-''-Y --
A)( --"s."- -----
DATE: November 15,2018
RE: Confirmation of previous Raze and Removal Order
The City has been very cautious about razing and removing houses
that appear to be able to be rehabilitated by their owners. Not only does
Community Resources try to work with these owners to get their houses
repaired and safe,but Building Safety often also tries to help an owner obtain
a building permit to begin repairs. On February 6, 2018, Community
Resources presented facts to the City Council justifying the raze and removal
of a 520 square foot house on East Meadow Street. After the public hearing,
the City Council voted to order the raze or removal of this dilapidated and
unsafe structure. I have attached Resolution 4848 ordering the raze and
removal.
The owner then,began telling Building Safety that he would repair and
rehabilitate this building once he was provided a building permit. He even
hired an attorney to help him delay the demolition with promises of his
prompt and correct repairs. I thought this might indicate that the owner
might have sufficient resources to perform the work needed to repair and
rehabilitate his house. Unfortunately, once the Building Safety issued him a
building permit, promises to fix the problems were not kept.
I was concerned about demolishing someone's house as long as they
held a valid building permit to fix it. Our Unified Development Code states
that a building permit can be cancelled if work is not begun within 180 days.
This is fine with a normally issued building permit, but our Building Safety
Division should be able to cancela building permit for a structure ordered
by the City Council to be razed much more quickly if the owner fails to make
substantial progress repairing the structure. Therefore, after consultation
with Community Resources and. Building Safety, I have proposed an
amendment to Section 166.15 (C) Expiration of Building Permit to allow
cancelation of a building permit if an owner of a building ordered to be razed
fails to make substantial progress on its repairs.
The owner of 171 East Meadow has been long on promises,but totally
lacking on performance. His building permit will expire in December before
this agenda item comes before you for decision. Since it has been very many
months since you ordered the raze and removal of this structure, I request
that you confirm your earlier Order to Raze and Remove after hearing from
Building Safety about the owner's failure to repair or fix his structure. Based
upon your original Order of February 6, 2018 and your confirmation of such
Order, demotion should proceed quickly without any further delays.
If you pass the amendment to the Expiration of Building Permit section,
then we should never again be faced with such a lengthy delay. We can
then continue to work with an owner who actually promptly begins
significant repair and rehabilitation efforts of a house ordered to be razed
without fear that issuing a building permit could delay demolition for
months.
2
NORTHWEST ARKANSAS
Democrat1r Gazette
,„„..„.....
EOx 1607,pAyETTEm.LE,AR,72702 ,;7g-A42.1K10 r0 RAX:479.695-1118 WW;'Y.JwADG.CQM
AFFIDAVIT OF PUBLICATION
I, Cathy Staggs, do solemnly swear that I am the Accounting Manager of the Northwest Arkansas Democrat-
Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that
from my own personal knowledge and reference to the files of said publication, the advertisement of:
Ordinance:6127 Council has determined that a building is
CITY OF FAYETTEVILLE File Number: 2018-0663 so unsafe,dilapidated,unsanitary,or such
AMEND SECTION 166.15(C) a nuisance that its raze and removal is
Ord. 6127 EXPIRATION OF BUILDING necessary and orders such raze and
PERMIT: removal pursuant to Section 173.09 of the
AN ORDINANCE TO AMEND Unified Development Code,any existing
SECTION 166.15(C)EXPIRATION building permit shall automatically expire
OF BUILDING PERMIT OF THE and be canceled by the Building Official
Was inserted in the Regular Edition on: UNIFIED DEVELOPMENT CODE TO within thirty(30)days of the City
g REQUIRE THE AUTOMATIC Council's Order of Raze and Removal
January 3, 2019 EXPIRATION OFA BUILDING unless the Building Official determines
PERMIT 30 DAYS AFTER THE CITY that such substantial work and progress
COUNCIL HAS ORDERED THE has been accomplished that all of the
Publication Charges $ 219.70 RAZE AND REMOVAL OF THE safety and other problems of the building
g STRUCTURE justifying its raze and removal have been
WHEREAS,pursuant to section 166.15 or will soon be repaired,remediated or
(C)Expiration of Building Permit;a resolved so that a reasonable extension of
building permit normally does not expire the building permit is justified.The
until 180 days even if work has not Building Official may also issue a new
f. begun on the project or until two years if building permit for a structure's repair and
Staggs work had begun,but the project has not rehabilitation within thirty(30)days of
Cathy gg been substantially completed;and the Order of Raze and Removal,but such
WHEREAS,the City staff is concerned new building permit shall be authorized
Subscribed and sworn to before me about directing its contractor to raze and only for a thirty(30)day time limit to
remove a dilapidated structure if its accomplish complete repair and
This 1 tk day ofd , 2019. owner has obtained a building permit to renovation of the structure or at least
repair and rehabilitate the building as sufficient work and progress so that the
long as that building permit remains Building Official can determine that all of
active and viable;and the safety and other problems of the
WHEREAS,the City Attorney,the building justifying its raze and removal
Building Official and the Community will be promptly repaired,remediated or
e 0 t Resources Director recommend a code resolved so that a reasonable extension of
Lit.„) amendment to give the Building Official the building permit is justified.The
NotaryPublic the authority to cancel a building permit Building Official may then extend either
for a building ordered by the City the existing or new building permit for a
My Commission Expires:2-1Z-0 Council to be razed and removed if period of time the Building Official
substantial work and progress on repair deems sufficient to complete the repair,
and rehabilitation of the building is not rehabilitation and remediation of the
accomplished within 30 days of the City building."
Council's Order of Raze and Removal; PASSED and APPROVED on
and 12/18/2018
WHEREAS,if the City Council has Approved:
ordered the raze and removal of a Lioneld Jordan,Mayor
_ - - dilapidated structure,any building Attest:
CATHY WILES permit issued regarding the dilapidated Sondra E.Smith,City Clerk Treasurer
structure should expire and be canceled 74797518 Jan.3,2019
Arkansas•Benton County by the Building Official within thirty
Notary Public •Comm# 12397118 (30)days of the City Council's Order
My Commission Expires Feb 20,2024 unless such substantial work has begun
or been accomplished that the Building
Official determines that all the building
issues considered by the City Council
when it ordered the building to be razed
and removed will be substantially
**NOTE**Please do not pay from Affidavit repaired or remediated within a
Invoice will be sent. reasonably short period of time.
NOW THREFORE,BE IT ORDAINED
BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council of the
City of Fayetteville,Arkansas hereby
amends Section 166.15
(C)Expiration of Building Permit of the
Unified Development Code by enacting
a new subsection(3)as follows:
"(3)Expiration of Building Permit After
City Council Orders Raze and Removal
of Dilapidated Structure.If the City