The URL can be used to link to this page

Home My WebLink About37-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 37-19 File Number: 2019-0052 RAZE AND REMOVAL LIEN CERTIFICATION 16 NORTH WILLOW 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 TOMMIE JO FLOWERS-DAVIS AND GEORGE E. FLOWERS LOCATED AT 16 NORTH WILLOW 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 16 North Willow Avenue (Washington County Parcel No. 765-12753-000) to raze and remove forthwith, the dilapidated, unsightly, and unsafe structure located on the aforementioned real property; and WHEREAS, Tommie Jo Flowers -Davis and George E. Flowers, record owners 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 16 North Willow Avenue (Washington County Parcel No. 765-12753-000) to be $18,741.00. Page 1 Printed on 2/7/19 Resolution Number 37-19 File Number 2019-0052 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 16 North Willow Avenue (Washington County Parcel No. 765-12753-000). PASSED and APPROVED on 2/5/2019 Attest: I IaML Lisa Branson, Deputy City Clek�ywitii►11j �.��••' G,J Y •••9cf}�'�. Page 2 Printed on 217119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 + (479) 576-8323 Text File l ---- File Number: 2019-0052 Agenda Date: 2/5/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 2 RAZE AND REMOVAL LIEN CERTIFICATION 16 NORTH WILLOW 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 TOMMIE JO FLOWERS-DAVIS AND GEORGE E. FLOWERS LOCATED AT 16 NORTH WILLOW 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 16 North Willow Avenue (Washington County Parcel No. 765-12753-000) to raze and remove forthwith, the dilapidated, unsightly, and unsafe structure located on the aforementioned real property; and WHEREAS, Tommie Jo Flowers -Davis and George E. Flowers, record owners 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 I. 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 16 North Willow Avenue (Washington County Parcel No. 765-12753-000) to be $18,741.00. 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 16 North Willow Avenue City of Fayetteville, Arkansas Page 1 Printed on 217/2019 File Number.' 2019-0052 (Washington County Parcel No. 765-12753-000). City of Fayetteville, Arkansas Page 2 Printed on 2/7/2019 Yolanda Fields Submitted By City of Fayetteville Staff Review Form 2019-0052 Legistar File ID 2/5/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/16/2019 Submitted Date Action Recommendation: COMMUNITY RESOURCES (642) Division / Department 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 16 N Willow Ave. Budget Impact: NA NA Account Number Fund NA NA Project Number Project Title Budgeted Item? NA Current Budget $ - �� Funds Obligated $ - Current Balance $ - Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - f Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # 229-18 Approval Date: CITY OF �'..s. FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 5T", 2019 TO: Mayor and City Council THRU: Yolanda Fields, Community Resources Director FROM: David Carver, Code Compliance Administrator DATE: January 16th, 2019 CITY COUNCIL MEMO SUBJECT: 16 N Willow 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 16 N Willow Ave. BACKGROUND: On November 8th, 2018, the Fayetteville City Council passed and approved Resolution No.229- 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, Tommie Jo Flowers -Davis; George E Flowers are hereby ordered to Raze & Remove the dilapidated, unsightly, and unsafe structure located at 16 N Willow Ave. (Parcel #765-12753- 000). Resolution No. 229-18 also states that if Tommie Jo Flowers -Davis; George E Flowers 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 December 11th, 2018, Code Compliance razed & removed the unsafe structure. The costs associated with the raze & removal totaled eighteen thousand seven hundred forty one dollars & zero cents ($18,741.00) 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 Fayetteville, AR 72701 www,fayetteviI le-ar.gov CITY OF FAYETTEVILLE ARKANSAS ABATEMENT LIEN W-- 3q— 11 14111111 I I II II III I I I lI Ill INTI II 14111 V I I I VIII I I II I Illi IIII I VIII III poC ID: 018437530001 Type: LIE Klnd: LIEN FeeoAmt d $�5,/2019 Pa34$ 1ta02i33:57 PMWashin1tfln County00. AR Kyle Sylvester Gircuit clerk FileL142-00000504 This lien executed this 5TH day of February, 2019, by the City of Fayetteville (referred to as the City) for the unsafe conditions of the property located at 16 N Willow Ave., more particularly described as; PT LOT 44 NW FURTHER DESSCRIBED FROM 2016-353 AS: A part of the SW 1/4 of the NW 1/4 of Section 15, Township 16 North, Range 30 West, described as commencing at the Southeast Comer of said 40 acre tract; thence South 89 degrees 24 minutes 01 seconds West 359.04 feet; thence North 231 feet; thence. North 89°24'01" East 95 feet to the Point of Beginning; thence North 89°24' 01" East 102.63 feet; thence North 50.50 feet; thence South 890 24'0" West 102.63 feet; thence South 50.50 feet to the Point of Beginning, containing 0.12 acres, more or less, Fayetteville, Washington County, Arkansas. AND A part of the Southwest Quarter of the Northwest Quarter, Section 15, Township 16 North, Range 30 West, described as beginning at a point which is a S89039'24"W 359.04 feet and N00°03'49"W 231.00 feet from the Southwest Corner of said 40 acre tract; thence NOW 03'49"W 50.50 feet; thence N89038'24" E 95,00 feet; thence Soo" 03'49"E 50.50 feet; thence S89038'24"W 95.00 feet to the Point of Beginning, containing 0.110 acres, more or less, Fayetteville, Washington County, Arkansas., (referred to as the Property), owned by Tommie Jo Flowers -Davis; George E Flowers, 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 Eighteen Thousand Seven Hundred Forty One dollars and Zero cents ($18,741.00). 2. This lien will be filed with the Ex -Officio Recorder of Washington County, Arkansas. IN WITNF�S THERE01-i�he City has executed this Agreement on or as of the date first above written. ,,11 1 r DateILd or ;ED AND SWORN before me, a Notary Public this 84- day of ti U ,,,�•'•. ',^,r�_r�j 1.�i4iy Commission Expires: &( Mallirdres� 113 w�'y�r n t i'r�ilr�� • �' Fa ett +; 7 �• ��:� www.fayetteviJIe-ar,gov CITY OF FAYETTEVILLE ARKANSAS January 2nd, 2019 Josie Lee Flowers Tommie & Gregory Davis Flowers 16 N Willow 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 16 N Willow Ave. (WC Parcel 765-12753-000) 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 February 51h, 2019 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 U.S. Postal Service"" A CERTIFIED MAIL RECEIPT Domestic. Mei) only -111prz, visit our w11h5ite sl i': v,r•/.rr:�F+-' •C°Irl-'. For &Aivcry IP10n A� I CM3k-"' Crtrlflnd I Fao Ir ru r" ena prrrxbryc �J�rra+a� Mf>^fanl i:xirn Pfir Ws C3 ElfknxwFlaoefAliourSocgYi 3— .-.-- _ O ❑Im.XnHe-IPA ld-cbw1G1 ElAdu1t8ann-11-b sed r.+ •n� t Q -T- C3 Q co rA C3 r- /,Z—/7 Postmark I Iwr} a nrufAge. .'rn. WF T1t7tS5i: Rfi...___..._ . ... Bia10.* 204 d+.......... ......... ........ . Mailing Address: 113 W Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 229-18 File Number: 2018-0602 RAZE AND REMOVAL 16 N WILLOW AVENUE: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE ON PROPERTY OWNED BY TOMMIE JO FLOWERS-DAVIS AND GEORGE E. FLOWERS LOCATED AT 16 NORTH WILLOW AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $18,741.00 WHEREAS, Tommie Jo Flowers -Davis and George E. Flowers are the record owners of real property legally described as follows: A part of the SW 1/4 of the NW 1/4 of Section 15, Township 16 North, Range 30 West, described as commencing at the Southeast Comer of said 40 acre tract; thence South 89 degrees 24 minutes 01 seconds West 359.04 feet; thence North 231 feet; thence. North 89°24'01" East 95 feet to the Point of Beginning; thence North 89°24' 01" East 102.63 feet; thence North 50.50 feet; thence South 890 24'0" West 102.63 feet; thence South 50.50 feet to the Point of Beginning, containing 0.12 acres, more or less, Fayetteville, Washington County, Arkansas. AND A part of the Southwest Quarter of the Northwest Quarter, Section 15, Township 16 North, Range 30 West, described as beginning at a point which is a S89°39'24"W 359.04 feet and N00°03'49"W 231.00 feet from the Southwest Comer of said 40 acre tract; thence N00° 03'49"W 50.50 feet; thence N89°38'24" E 95.00 feet; thence S00° 03'49"E 50.50 feet; thence S89°38'24"W 95.00 feet to the Point of Beginning, containing 0.110 acres, more or less, Fayetteville, Washington County, Arkansas which is located at 16 North Willow Avenue, City of Fayetteville, Washington County, Arkansas; and WHEREAS, the City Council has determined that a structure located on said property with the address 16 North Willow Avenue is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and Page 1 Printed on 11/9/18 Resolution: 229-18 Fide Number; 2018-0602 WHEREAS, Tommie Jo Flowers -Davis and George E. Flowers by sending such notice by Certified Mail, Return Receipt Requested, by properly posting the Notice on the property, and by actual personal notice for over 30 days, and given thirty (30) days to correct said violations, have 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: Section !: 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, Tommie Jo Flowers -Davis and George E. Flowers are hereby ordered to raze and remove forthwith the dilapidated, unsightly, and unsafe structure located at 16 North Willow Avenue, Fayetteville, Arkansas. The manner of removing said structure shall be: dismantle by hand or bulldozer, and haul all debris to a landfill. Section 2: That, if Tommie Jo Flowers -Davis and George E. Flowers do not comply with this order, the Mayor is hereby authorized 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. PASSED and APPROVED on 11/8/2018 A nnrr v), Attest: Sondra E. Smith, City Clerk Trear�cllt�. ti�FflY!'.II[VUI Page 2 Printed on 11/9/18 2 City of Fayetteville oo City of Fayetteville REPRINT PURCHASE 125 W Mountain r 113 W Mountain St ORDER Fayetteville, AR 72701 FAYETTEVILLE, AR 72701 NO. 2018-00000798 O O DATE 12/07/2018 VENDOR 22303 M&M Excavating LLC DELIVER BY n M&M Excavating LLC SHIP VIA O 377 Sulphur City Rd V. F' Y OF -;='� FAYETTEYILLE E FREIGHT TERMS 1 —ZI Fayetteville, AR 72701 ARKANSAS ORIGINATOR Lisa Darden D RESOLUTION # 229-18 0 PAYMENT TERMS 30 4~;e PAGE 1 OF 1 APPROVED BY SPECIAL INSTRUCTIONS M&M EXCAVATING, L.L.0 377 Sulphur City Rd. Fayetteville, AR 72701 479-643-3750 City of Fayetteville 12/19/18 Demo of 16 N Willow Ave. $18,600.00 TOTAL DUE: $18,600.00 ****Thank You For Your Business**** 1 CITY of FAYETTEVILLE, ARKANSAS CHECK NO. I bb15 DATE INVOICE NO. DESCRIPTION NETAMOUNT 12/19/2018 12/19/18 Raze & Removal -16 Willow 18,600.00 CHECKAMOUNT $18,600.00 31 g.'; FTTEVILwe ANHRNS.LS ARVEST TayuuavHla, Mcans6s 81.87(829 CITY of FAYETTEVILLE FAYETTEVILLE. ARKANSAS Oporat.'ng A.ucouYit Eighteen Thousand Sir. Hwzdxed and 0.0/1:0.0 Dollars PAY: 0tHE 6kQER OF CHECK NO. DATE VOID IF NOT CASHED IN 12/21/2018 60 DAYS AMOUNT $18,600.00 M&M Excavating LLC 377 Sulphur City Rd { 4 Faydte:✓ille, AR 72"' 0, . e7�R 7a•� Ido 15 93 2 5r, l:08 29008 7 2i: L96 L 7 2801I' NoRTHWESTARKAmm �emocrat 0autte AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Pulaski, Washington and Benton Counties, in Arkansas, and of bona fide circulation in all 75 counties in Arkansas, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Bid #18-24435 Was inserted in the Arkansas Democrat -Gazette Northwest Arkansas Democrat -Gazette Publication Date: September 23 & 30, 2018 Publication Charges: $ 141.30 Cathy Wiles Subscribed and sworn to before me This I day of Oc-f , 2018. If'J'rll'r�:`r Notary Public My Commission Expires: *NOTE**Please do not pay from Affidavit. Invoice will be sent. Advertisement for Bids City of Fayetteville Code Compliance Program Bids for a Rrze and Removal project will be received by: City of Fayetteville, Code Compliance Program 125 W. Mountain Street, Fayetteville, AR. 72701 until4:00PIV1, Monday, October 1st, 2018. This Bid is contingent upon Project Budget Approval from City Council. "Bid 418-24435: Raze and Removal of structure located at; 16 iN Willow Ave., Fayetteville, AR 72701 WC Parcel 9 765-12753-000. The information for bidders, Bid Proposal Form and Scope of Work may be picked up at the Community Resources Office, 125 W IYlountain St., Fayetteville, AR 72701 or by calling 479-575-8260. The City reserves the right to reject any and all bids and to waive formalities deemed to be in the city's best interest_ The City or Fayetteville encourages participation of small, minority and women owned business enterprises in the procurement of goods, services, and construction, either as a general contractor or subcontractor. Ad 74686844, Sept 23, 30 2018 It4i INA ir 0 -.0i, 14,. , q. -A. firer- ..'.5+.. i .1•. r �-;' :re 1 A : d 4 d71�i�1`� _ _.. ~ s..•.+'.". ..L y �'C Y r:. ri.-x'-`•.•. - �.�_'. 91 r", Vs 2. W. f i 4F- 77 - 44w 77 'a n 41 -Ado k �N 711� 15 , P, 11T: r", Vs 2. W. f i 4F- 77 - 44w 77 'a n 41 -Ado k rm VA a i Ti::.. O: �j,�:�"�y'i;: :!: r; } •�}'.: i, ' ' � ' ':�. y'p'",�$`'}'6 afw �g y � . ' . .�,`:'..s' ':�#.ji.l� :t• lri r�fi'K'ti� '.. � `��• �.?i:i.: r-l��' ,j� � r,�y��Se n iF�' �'-�-i�'• r'� �`jii'� �", '!� :- ': �. +�' �;Zi �y� • � �,•: �>'.. ,��' 9 T �' i} � •' ;i :;+,may . ... }�� .. �•r 'l�• •3,�., �'�-. � r'�?:r'`�w''��s7.°i:• I�r.'...r: �',^�''�Sri �: \: h.i ,,:� ,S��iFir-` �• :�� r ,�7,-�`' i sir. r"�.H �,..• : . .