HomeMy WebLinkAbout171-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 171-18
File Number: 2018-0374
RAZE AND REMOVAL LIEN CERTIFICATION 1946 NORTH COLLEGE AVENUE:
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 ATR PROPERTIES, LLC LOCATED AT 1946
NORTH COLLEGE AVENUE 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 directed the owners of the property
located at 1946 North College Avenue (Washington County Parcel No. 765-13516-000) to raze and
remove forthwith, the dilapidated, unsightly, and unsafe structure located on the aforementioned real
property; and
WHEREAS, ATR Properties, LLC, record owner of the property, failed to raze and remove the
dilapidated, unsightly, and unsafe structure on its property; and
WHEREAS, the City of Fayetteville, in accordance with the above-cited ordinances 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 818118
Resolution: 171-18
File Number 2018-0374
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 and 95.03 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 1946 North College Avenue (Washington County Parcel No. 765-13516-000) to be
$11,678.00.
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 (109/6) penalty
for collection, be placed on the tax books as delinquent taxes against the property located at 1946
North College Avenue (Washington County Parcel No. 765-13516-000).
PASSED and APPROVED on 8/7/2018
Attest:
-------- Liz.
Sondra E. Smith, City Clerk Treas�r����IIIII'I.F,
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NFAyFT-TENJILLE'.
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Page 2 Printed on 818118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0374
Agenda Date: 8/7/2018 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: C. 1
File Type: Resolution
RAZE AND REMOVAL LIEN CERTIFICATION 1946 NORTH COLLEGE AVENUE:
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 ATR PROPERTIES, LLC LOCATED AT 1946
NORTH COLLEGE AVENUE 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 directed the owners of the property located at
1946 North College Avenue (Washington County Parcel No. 765-13516-000) to raze and remove forthwith,
the dilapidated, unsightly, and unsafe structure located on the aforementioned real property; and
WHEREAS, ATR Properties, LLC, record owner of the property, failed to raze and remove the dilapidated,
unsightly, and unsafe structure on its property; and
WHEREAS, the City of Fayetteville, in accordance with the above-cited ordinances 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 and 95.03 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 1946 North College Avenue (Washington County Parcel No. 765-13516-000) to be $11,678.00.
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 1946 North College Avenue
(Washington County Parcel No. 765-13516-000).
City of Fayetteville, Arkansas Page 1 Printed on 8/8/2018
File Number 2018-0374
City of Fayetteville, Arkansas Page 2 Printed on 81812018
City of Fayetteville Staff Review Form
2018-0374
L.egistar File ID
8/7/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Yolanda Fields 7/18/2018 COMMUNITY RESOURCES (642)
Submitted By 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 1946
N College Avenue,
NA
Account Number
NA
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
NA
Fund
NA
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 117-18
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FA.YETTEVILLE
ARKANSAS
MEETING OF AUGUST 7TH, 2018
TO: Mayor and City Council
THRU: Yolanda Fields, Community Resources Direc
FROM: David Carver, Code Compliance Administrator
DATE: July 20th, 2018
CITY COUNCIL MEMO
SUBJECT: 1946 N College Ave. - 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 1946 N College Ave.
BACKGROUND:
On May 15th, 2018, the Fayetteville City Council passed and approved Resolution No.117-
18.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,
ATR Properties LLC are hereby ordered to Raze & Remove the dilapidated, unsightly, and
unsafe structure located at 1946 N College Ave. (Parcel #765-13516-000).
Resolution No. 117-18 also states that if ATR Properties LLC does 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 June 181h, 2018, Code Compliance razed & removed the unsafe structure.
The costs associated with the raze & removal totaled eleven thousand six hundred seventy
eight dollars & zero cents ($11,678,00)
BUDGET/STAFF 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.fayettevlile-ar.gov
Fayetteville, AR 72701
CITY OF
FA•Y'OTTEVIL.L.S
ARKANSAS
ABATEMENT LIEN
KA's - X71- lS
I11l�l�l��l�l��l�l�llftll��llf �I�I111111111[�llf I�IIII�I�I���NI11l��II���f Ifs
Doc 117: 018162320001 Type: LIE
Kind: LIEN
Recorded: 08/14/2018 at 03:53:25 pr`t
Fee Arat: $13.00 Pane 1 of 1
Washington County, AR
Kyle Sylv
e
�ster Circuit Clerk
File L 1 TIO -00000111
This lien executed this 71H day of August, 2018, by the City of Fayetteville (referred to as the
City) for the unsafe conditions of the property located at 1946 N College Ave, more particularly
described as;
A part orale Wom Bair (W 112) or ih0 SuuthweA Qunrto,' (SW 1/4) Of Section 'i'I:rce (:f) ill I'pwltiKhllr ti,xtccn { 10) Nill'tlr,
ltangt:'rlarty (30) Wcst, in Wushingnv County, Arkansan, and being Irl4j1e garti4tslsrrly described ns roiluws, to -wit:
ncgiiming lit tile 8gnr1t0nst CUrtres of the GVW L14 of the SW 114 of said S00tion 3, and rtmomS ih iiQt� South 130.00 feet,
tlimicc Wcst 310.99 fbet; ihenuo Norah dcgrous 45' 0" East 9917 feet; thenuc North 68 degrees 07' 30" West 69.01 rest,
thtmcu Swth fig degrees 35136" Wast 75.631ect, thcnct: North 75 degrees 04'51" Wcst 112,10 1001t, tlleltee North 10
degmt& 03' 40" r?ilst 180 15 lett, illume hast J15.84 feel, thence Soutit 7.00,(10 t'eet to the point of beginning, and
containing ].37 acres, snore or last. A1.30, a part ortht: West one -1lit If (W 112) nFthe Southwest Qmlrt" (SW 414) of
Seution'rhrcc (3), T'tlwtrsbip Sixteen (16) Noith, Rtange "Thirty (30) Wwt, and bring inure ptlrtiouIurly cicaonhcd ux follows,
to-wir: Uegin11inu at the anutilcao Liana of the No]'tliwwt 4unitor (NW 111) !1[ the Sot IiItwe. a 0t111ael' (SW 114) of-i;ai(t
Sem ion '1'hrcc (3), Lind I•unmin g 11unwe SuLill 1 130 feat, IhettcC WCSt 310,98 feel 10 the ince labial ui'tx:gill) in9, sad running,
(hence North 06 dcgroes 45'00" Inst 99.27 feet, thoice North fib dugmus 07130" West 69.01 fi:Gt, 1101140 South 89 degreln
35'36" West 75,63 fmi, thence North 75 degrees 04'5 11" West t 12.10 feet, thenc., Snuth 10 dcgrcea (11.1'4()" West 155.04)
fact, ihontx Enst 263.41 fuel lu the it -tic point of bcgitming, enol conlnining 0.76 neres, mare or less.
(referred to as the Property), owned by ATR Properties LLC, 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 unsafo conditions on the
Property, The Owner(s) failed to correct the conditions resulting in an abatement of
Eleven Thousand Six Hundred Seventy Eight Dollars & Zero Cents ($11,678.00)
2. This lien will be filed with the Ex -Officio Recorder of Washington County, Arkansas.
IN WITNES�'THEREOF, the City has executed this Agreement on or as of the date first above
written. //
' August 7, 2018
.......-T.... - - . Date
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lB-ED AND SWORN before me, a Notary Public this _ lay of
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My Commission Expires:
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CITY OF
FAYETTEVI LLE
ARKANSAS
July 2"d, 2018
ATR Properties, LLC
C/O Susan McClendon
1883 Winwood Dr.
Fayetteville, AR 72703
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 1946 N College (WC Parcel 765-13516-000) 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 August 7th, 2018 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.f"3yetteville-a7 .gov
f=a yettevillo, AIR 72701
Jill
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or on the front if space permits.
�ldmssdifferent from item 1? ❑ Yes
delivery address below: ❑ No
ATR PROPERTIES LLC
C/O SI;SAN MC CLENDON_ s"<;„
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- FAYE��VILLE AR 72703 ��"'"' t
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolrttiou: 1.17-18
File Number: 2018-0187
RAZE AND REMOVAL ATR PROPERTIES, LLC:
A RESOLUTION TO ORDER THE RAZING AND REMOVAL, OF A DILAPIDATED AND UNSAFE
STRUCTURE ON PROPERTY OWNED BY ATR PROPERTIES, LLC LOCATED A'I' 1946 NORTH
COLLEGE AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A
BUDGET ADJUSTMENT OF $11,678.00
WHEREAS, ATR Properties, LLC is the record owner of real property located at 1946 North College
Avenue, City of Fayetteville, Washington County, Arkansas, legally described in Exhibit A attached hereto;
and
WHEREAS, the City Council has determined that a structure located on said property with the address
1946 North College Avenue is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and
WHEREAS, ATR Properties, LLC, having been properly served with Violation Notices by sending Such
notice by Certified Mail, Return Receipt Requested and by properly posting the Notice on the property for
over 30 days, and given thirty (30) days to correct said violations, has failed 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:
ec i n 1: 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, ATR Properties, LLC is hereby ordered
to raze and remove forthwith the dilapidated, unsightly, and unsafe structure located at 1946 North
College Avenue, Fayetteville, Arkansas. The manner of removing said structure shall be: dismantle by
hand or bulldozer, and haul all debris to a landfill.
Page 9 Prtnfed on 6/16/96
Resolution: 917-98
�oMim&,r-
Section 2: That, if ATR Properties, LLC does not comply with this order, the Mayor is hereby authorized
to cause the dilapidated, unsightly, and unsafe structure to be raced and removed; and a lien against the
i
real property shall be granted and given the City, pursuant to A.C.A. §14-54-904, for the costs
associated therewith.
coflon 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.
f
k PASSED and APPROVED on 5/15/2018
I
A
Attest:
L�A4 & xnd/ _
Sondra E. Smith, City Clerk Treasurer
ti`��tis►� rr1r���
3•. AYI,� l Vit..l:
�] oma`••.
Page 2 Printed on 5110118
CA City of Fayetteville
125 W Mountain
Fayetteville, AR 72701
O
VENDOR 19045 Redline Contractors LLC
0 Redline Contractors LLC
O PO Box 600
DFARMINGTON, AR 72730
n
-1
00 City of Fayetteville
r 113 W Mountain St
,- FAYETTEVILLE, AR 72701
O
REPRINT PURCHASE
ORDER
NO. 2018-00000456
DATE 06/14/2018
DELIVER BY
SHIP VIA
•r coir or'
,,• �3 FAVETTEVILLE FREIGHT TERMS 1
AnKANSAS ORIGINATOR Lisa Darden
RESOLUTION # 117-18
PAYMENT TERMS 30
PAGE 1 OF 1
APPROVED BY
SPECIAL INSTRUCTIONS
"4EDL NE
OOMMMMAL a INDUSMIAL CONM%cT0RS
PO Box 600
Farmington, AR 72730
Phone: 479-419-4100
Fax: 479-419-4102
Bill To
City of Fayetteville
123 W Mountain
Fayetteville, AR 72701
Terms
Net 30
Qty
Invoice
Dote
Invoice #
6/27/2018
1-8-RL024
Project
l8-RL024 1 1946 N College Demo
Rote Amount
11,678.00 11,678,00
Total ----- --- ----- $11,678.00
PaymentslCredits $0.00
Balance Due $11,678.00
CITY of FAYETTEVILLE, ARKANSAS
HECK NO. 12810
DATE
INVOICE NO.
DESCRIPTION
NETAMOUNT
06/27/2018
18-RL024
1946 N College Ave Raze & Removal
11,678.00
CHECK AMOUNT $}1678.00
48
F ciTI or
I7AVETTEVILL E
W ARKAWi AC
AHVEST
FaplloAle. ArkanSFlc
81-87/829
CITY of FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
Operating Account
Eleven Thousand Six Hundred Seventy -Eight and 00/100 Dollars
PAY TO THE ORDER OF
Redline Contractors LLC
PO Box 600
FARMINGTON, AR 72730
1111 1 2Ci 1011' t:08 29008? 2t: 196 1 7 2f30u'
ue'Acm ncnc rUn Tuvr< In:T+urcir5
CHECK NO. 12810
DATE
VOID if NOT
07/02/2018
CASHED60DAYS IN
AMOUNT
$11,678.00
.aa..Ter
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