The URL can be used to link to this page

Home My WebLink About270-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 270-17 File Number: 2017-0680 RAZE AND REMOVAL 265 WEST NONNAMAKER DRIVE: A RESOLUTION CERTIFYING TO THE TAX COLLECTOR OF WASHINGTON COUNTY, ARKANSAS THE COSTS OF RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE UPON THE PROPERTY OWNED BY HAROLD AND ROSETTA HARMON LOCATED AT 265 WEST NONNAMAKER DRIVE IN THE CITY OF FAYETTEVILLE, ARKANSAS WHEREAS, pursuant to the provisions of § 173.09 of the Code of Fayetteville, as authorized by Arkansas Code § 14-56-203, the City Council of the City of Fayetteville, by Resolution No. 128-17, directed the owners of the property located at 265 West Nonnamaker Drive (Washington County Parcel No. 765-15010-000) to raze and remove forthwith, the dilapidated, unsightly, and unsafe structure located on the aforementioned real property; and WHEREAS, Harold and Rosetta Harmon, record owners of the property, failed to raze and remove the dilapidated, unsightly, and unsafe structure on their property; and WHEREAS, the City of Fayetteville, in accordance with the above-cited ordinance, resolution and statute, entered upon the property and razed and removed the dilapidated, unsightly, and unsafe structure; and WHEREAS, the City Council of the City of Fayetteville, Arkansas is required to determine the appropriate amount of the lien, and certify this amount to the Tax Collector of Washington County, Arkansas to be placed upon the tax books as delinquent taxes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Printed on 12/20/17 Resolution: 270-17 Section 1. That, by the authority granted pursuant to Arkansas Code §§ 14-56-203 & 14-54-901 et seq., and in accordance with the provision of § 173.09 of the Code of Fayetteville, the City Council of the City of Fayetteville, Arkansas hereby determines the appropriate amount of the lien against the property located at 265 West Nonnamaker Drive (Washington County Parcel No. 765-15010-000) to be $7,400.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby certifies this amount to the Tax Collector of Washington County, Arkansas so that this amount, plus ten percent (10%) penalty for collection, be placed on the tax books as delinquent taxes against the property located at 265 West Nonnamaker Drive (Washington County Parcel No. 765-15010-000). PASSED and APPROVED on 12/19/2017 Attest: r Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 12/20/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0680 Agenda Date: 12/19/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 RAZE AND REMOVAL 265 WEST NONNAMAKER DRIVE: A RESOLUTION CERTIFYING TO THE TAX COLLECTOR OF WASHINGTON COUNTY, ARKANSAS THE COSTS OF RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE UPON THE PROPERTY OWNED BY HAROLD AND ROSETTA HARMON LOCATED AT 265 WEST NONNAMAKER DRIVE IN THE CITY OF FAYETTEVILLE, ARKANSAS WHEREAS, pursuant to the, provisions of § 173.09 of the Code of Fayetteville, as authorized by Arkansas Code § 14-56-203, the City Council of the City of Fayetteville, by Resolution No. 128-17, directed the owners of the property located at 265 West Nonnamaker Drive (Washington County Parcel No. 765-15010-000) to raze and remove forthwith, the dilapidated, unsightly, and unsafe structure located on the aforementioned real property; and WHEREAS, Harold and Rosetta Harmon, record owners of the property, failed to raze and remove the dilapidated, unsightly, and unsafe structure on their property; and WHEREAS, the City of Fayetteville, in accordance with the above-cited ordinance, resolution and statute, entered upon the property and razed and removed the dilapidated, unsightly, and unsafe structure; and WHEREAS, the City Council of the City of Fayetteville, Arkansas is required to determine the appropriate amount of the lien, and certify this amount to the Tax Collector of Washington County, Arkansas to be placed upon the tax books as delinquent taxes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That, by the authority granted pursuant to Arkansas Code §§ 14-56-203 & 14-54-901 et seq., and in accordance with the provision of § 173.09 of the Code of Fayetteville, the City Council of the City of Fayetteville, Arkansas hereby determines the appropriate amount of the lien against the property located at 265 West Nonnamaker Drive (Washington County Parcel No. 765-15010-000) to be $7,400.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby certifies this amount to the Tax Collector of Washington County, Arkansas so that this amount, plus ten percent (10%) penalty for collection, be placed on the tax books as delinquent taxes against the property located at 265 West Nonnamaker Drive (Washington County Parcel No. 765-15010-000). City of Fayetteville, Arkansas Page 1 Printed on 12/20/2017 Yolanda Fields Submitted By City of Fayetteville Staff Review Form 2017-0680 Legistar File ID 12/19/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/21/2017 COMMUNITY RESOURCES (642) Submitted Date Division / Department Action Recommendation: Staff recommends the approval of an abatement lien to be filed with the Ex -Officio Recorder of Washington County Arkansas for the costs associated with the abatement of unsafe conditions at the property located at 265 W Nonnmaker Drive. Budget Impact: NA NA Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance r$ - Does item have a cost? NA Item Cost $ - Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20140710 Previous Ordinance or Resolution # 128-17 Original Contract Number: Approval Date: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 19TH, 2017 TO: Mayor and City Council THRU: Yolanda Fields, Community Resources Dire FROM: David Carver, Code Compliance Administrator DATE: December 1$t, 2017 CITY COUNCIL MEMO SUBJECT: 265 Nonnamaker - Raze & Removal — Abatement Lien RECOMMENDATION: Staff recommends the approval of an abatement lien to be filed with the Ex -Officio Recorder of Washington County Arkansas for the costs associated with the abatement of unsafe conditions at the property located at 265 W Nonnamaker Drive. BACKGROUND: On June 20th, 2017, the Fayetteville City Council passed and approved Resolution No.128- 17.The resolution states that, by the authority granted pursuant to A.C.A 14-56-203, and in accordance with the provision of Section 173.09 of the Fayetteville Unified Development Code, Harold & Rosetta Harmon are hereby ordered to Raze & Remove the dilapidated, unsightly, and unsafe structure located at 265 W Nonnamaker (Parcel #765-15010-000). Resolution No. 128-17 also states that if Harold & Rosetta Harmon do not comply with this order, the Mayor is hereby directed to cause the structure to be Razed & 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. DISCUSSION: After the granted time for compliance had lapsed, the property owners failed to comply with the order. On September 12'h, 2017, Code Compliance razed & removed the unsafe structure. The costs associated with the raze & removal totaled seven thousand four hundred dollars and zero cents. ($7,400.00) BUDGETISTAFF IMPACT: n/a Attachments: Attachments include the abatement lien, the notice to property owners, the signed resolution, copies of the purchase order, invoice, payment, and photos of the project. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 VWMRG CITY OF FAYETTE'VILLE ARKANSAS ABATEMENT LIEN 91,6,2. �i 70- f 7 IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIII III IIIIIIIIIIII Doc ID: 017797440001 Type: LIE Kind: LIEN Recorded: 12/27/2017 at 10:13,44 AN Fee Amt: $15.00 Pape 1 of i Washington County, AR Kyle Sylvester Circuit Clerk File L 137-0000018 2 This lien executed this 19TH day of December, 2017, by the City of Fayetteville (referred to as the City) for the unsafe conditions of the property located at 265 W Nonnamaker Drive, more particularly described as; A part of the Southwest Quarter (SWI/4) of the Southeast Quarter (SE1/4) of Section 21, in Township 16 North, Range 30 West of the 5th P.M., and being more particularly described as beginning 1. 80 chains North of the Southeast corner of the said SW1/4 of the SE1/4, Section 21, Township 16 North, Range 30, and running thence North five and ninety-four hundredths chains, thence West eleven and thirty hundredths chains to the East side of U.S, Highway No 71 twenty feet East of the center of Highway Slab, thence southerly with the East side of Highway No. 71 six chains to a point twelve and thirty hundredths chains West of the beginning point, thence East twelve and thirty hundredths (12.30) chains to the place of beginning, containing seven. ( 7) acres, more or less, LESS AND EXCEPT a permanent easement to the City of Fayetteville, Arkansas, of 15 feet of equal and uniform width off of the entire West side of the above described real estate. (referred to as the Property), owned by Harold and Rosetta Harmon, or his/her/their heirs or assigns, (referred to as the Owner). NOW THEREFORE, In consideration for the raze and removal expense: 1. The City directed the Owner(s) of the Property to correct the unsafe conditions on the Property. The Owner(s) failed to correct the conditions resulting in an abatement of Seven Thousand Four Hundred Dollars, ($7,400.00) 2. This lien will be filed with the Ex -Officio Recorder of Washington County, Arkansas. IN WITNES, THEREOFJhe City has executed this Agreement on or as of the date first above written_ / Date 112.7 .2 0 -.20 n, SUBSCRIBED AND SWORN before me, a Notary Public this day of Notary Public nXii Jh, My Commission Expires: (SEAL) �`p�:t'pli *.'�r�+y� • O • �OTAgp�$+ Milling Address: I'l3 W. Mountain Street _: P1/p1-Iwww.rayotlevillo-ar.gov Fayetleville, AR 72701 �►��-�G'■�r+ghs 1 1� �p1�+��2 CITY OF IFAYETTEVI LLE ARKANSAS November 15t 2017 Harold & Rosetta Harmon 2050 S School Ave Fayetteville, AR 72701 RE: Enforcement of Fayetteville Code 173.09 Arkansas Code Ann. 14-56-203 NOTICE TO PROPERTY OWNERS Pursuant to A.C.A 14-56-203 as 173.09 of the Fayetteville Code, you are placed upon Notice that the Fayetteville City Council will conduct a public hearing to determine the amount of the lien to be placed on the property located at 265 W Nonnarnaker (WC Parcel 765-15010-000) for the costs associated with the abatement of conditions related to violations of City Code 173.09. 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 19th, 2017 beginning at 5:30pm 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, David Carver Code Compliance Administrator Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 This Notice is for PROOF OF SERVICE lur_ 1 personally delivered the Notice at Ayc . , [place] on l�f► c . 'ti'lY�r<...( ��C i [date]; or 1 ] 1 left the Notice in the proximity of the individual by ._ after he/she refused to receive it when I offered it to him/her; or 1 left the Notice at the individual's dwelling house or usual place of abode at �..,, [address] with [name], a person at least 14 years of age who resides there, on (date]; or 1..] 1 delivered the Notice to_.., [name of individual], an agent authorized by appointment or by law to receive service of summons on behalf of [name of person being served] on .[date]; or f. I am the plaintiff or an attorney of record for the plaintiff in this lawsuit, and I served the Notice on the defendant by certified mail, return receipt requested, restricted delivery, as shown by the attached signed return receipt. U I am the plaintiff in this lawsuit, and I mailed a copy of the Notice by first class mail to the defendant together with two copies of a notice and acknowledgment and received the attached notice and acknowledgment form within twenty days after the date of mailing. U Other [specify]: Date: Vf By:L [Signature of server] ' l� is,'t iu t I i 1�f uy i-�o C [Printed name] RL ( Ir.. Address: i L NA— Phone: qjq-, I"f Subscribed and sworn to before me this date EESLIE KENNEY NOTARY PUBLIC -STATE OF ARKANSAS WASHINGTON COUNTY My Gornmission Expires W26-2027 Commisslon # 12361(77 �)6 V t� 1--7 ,Ifitary Public My Commission Expires: lab -7 Additional notices served: Wright Investigations Karen Wright May P.O. Box 4841 Fayetteville, AR 72702 Phone 479.879.3642 Fax 479.856.6021 Sill To: City of Fayetteville Attn: David Carver 113 W. Mountain Street Fayetteville, AR 72701 479-575-8260 DATE: 11/02/17 INVOICE # WPS-17-202 FOR: Process Service Make all checks payable to Wright Investigations. Payments should be received within 30 days. THANK YOU FOR YOUR BUSINESS! 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 128-17 File Number: 2017-0237 RAZE AND REMOVAL 265 WEST NONNAMAKER DRIVE: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE ON PROPERTY OWNED BY HAROLD AND ROSETTA HARMON LOCATED AT 265 WEST NONNAMAKER DRIVE IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Harold and Rosetta Harmon are the record owners of real property located at 265 West Nonnamaker Drive, City of Fayetteville, Washington County, Arkansas, legally described as follows: A part of the Southwest Quarter (SWI/4) of the Southeast Quarter (SE1/4) of Section 21, in Township 16 North, Range 30 West of the 5th P.M., and being more particularly described as beginning 1.80 chains North of the Southeast corner of the said SW114 of the SETA, Section 21, 'Township 16 North, Range 30, and running thence North five and ninety-four hundredths chains, thence West eleven and thirty hundredths chains to the East side of U.S. Highway No. 71 twenty feet East of the center of Highway Slab, thence southerly with the East side of Highway No. 71 six chains to a point twelve and thirty hundredths chains West of the beginning point, thence East twelve and thirty hundredths (12.30) chains to the place of beginning, containing seven (7) acres, more or less; and WHEREAS, the City Council has determined that a structure located on said property with the address 265 West Nonnamaker Drive is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and WHEREAS, Harold and Rosetta Harmon, leaving been properly served with Violation Notices via Certified Mail, Return Receipt Requested, and given thirty (30) days to correct said violations, have refused to repair, or raze and remove said dilapidated, unsightly, and unsafe structure. Page 1 Printed on S/21/17 Resolution: 128-17 File Number. 2017.0237 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JFAYETTEVILLE, ARKANSAS: &ti�n is That, by the authority granted pursuant to A.C.A. §14-56-203, and in accordance with the provisions of Section 173.09 of the Fayetteville Code of Ordinances, Harold and Rosetta Harmon are 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. tion 2: That, if Harold and Rosetta Harmon do 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. gkgfion 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. PASSED and APPROVED on 6/20/2017 Attest: r� Lisa Branson, Deputy City Clerk TR '��lllil}lt117j - MYCTT['VIl_H". N f •\ �� AN - �� j `�•. f{rf,�1�1111if11i1 ��``*y Page 2 Printed on 6121/17 (n Cily of Fayetteville to City of Fayetteville REPRINT PURCHASE 125 W Mountain r 113 W Mountain St ORDER Fayetteville, AR 72701 FAYETTEVILLE, AR 72701 NO. 2017-00000008 O O DATE 09/25/2017 VENDOR 22303 M&M Excavating LLC DELIVER BY 0 O M&M Excavating LLC 377 Sutpilur City Rd CITY OF �4 SHIP VIA FREIGHT TERMS 1 D Fayetteville, AR 72701 Y� �1�L ORIGINATOR Lisa Darden n ARKANSAS RESOLUTION # 128-17 -4 PAYMENT TERMS 30 APPROVED BY SPECIAL INSTRUCTIONS I '--.. Date Ifl 2� Retum To: L-�AS' Amount -�� N CITY of FAYETTEVILLE, ARKANSAS DATE INVOICE NO. 09/26/2017 1 2017-00003473 25 Raze & Removal -265 Nonnamaker DESCRIPTION CHECK No. 8368 NET AMOUNT 7,400.00 AMOUNT $7400 DETACH HERE FOR yoUR RECORDS llr8 36$n' 1:08 290013 7 21: 196 17 28011' 9/26/17 M&M EXCAVATING, L.L. C 377 Sulphur City Rd. Fayetteville, AR 72701 479-643-3750 City of Fayetteville 265 Nonamaker Dr. Fayetteville Demo of House TOTAL DUE: $7,400.00 $7,400.00 *** Thank You for your Bus;nPec *** � � ..� _ ,� � ` w yrs_►-•' � ~ ' .' � - t. � • • � � �.'. : #� 'r .la r3 fir,:-�, 't.: .1 Al, 9, 2.2017 19