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HomeMy WebLinkAbout2010-05-01-R BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE, (W ARKANSAS RESOLUTION NUMBER: aO I o- 5- A - 5A RESOLUTION CONDEMNING THE STRUCTURE DESCRIBED HEREIN, DECLARING A NUISANCE AND FOR OTHER PURPOSES. WHEREAS, Section 11.12.01 et seq of the Batesville Municipal Code provides for condemnation of buildings, houses, and other structures under certain circumstances and; WHEREAS, the building described herein has been examined by the City Council and Code Enforcement Officer because of the disrepair of the structure, and; WHEREAS, the structure has the following deficiencies: 1. Major structural components, or parts thereof, such as the doors, windows, and walls are missing or damaged; 2. The structure has been left unlocked, unattended, and vacant; 3. The structure is not under active repair; 4. The structure is not being used as an accessory building or out building; WHEREAS, the property is located at 2402 Case Street and owned by Randall Edward Fair constitutes a hazard and nuisance for the reasons set out above. NOW BE IT RESOLVED, that the owner of said property was notified or attempted to be notified at least twenty (20) days prior to the public hearing as provided in Section 11.12.03 and 11.12.04 of the Batesville Municipal Code. BE IT FURTHER RESOLVED that if the building and or structure constituting a nuisance has not been torn down and removed or said nuisance otherwise abated within thirty (30) days after posting the true copy of the resolution at a conspicuous place on said house, building, and or structure constituting the nuisance, it will be torn down and or removed by the Code Enforcement Officer or his duly designated representative at the discretion of the City Council as provided in Section 11.12.05 of the Batesville Municipal Code. IT IS SO RESOLVED, THIS I I" DAY OF MAY 2010. 9-.Z�V-)-.-) M Zku //_P-1 DENISE JOHNSTON, CL RK R CK E BAUG YOR Invoice Batesville Title Date Invoice# 248 E. Main Street 3/17/2010 10-2760 Batesville,AR 72501 File#: 2010-0099 Prepared by: Candice Bill To: Deliver to: Chad McClure Chad McClure Owner/Borrower: Bailey,Marlin, Clements et al Legal: Date Description Ins.Amount Amount 3/17/2010 Title Search(3 searches) 150.00 • Total $150.00 Thank you for your business. Attention: A mimimum cancellation fee (the Payments/Credits $0.00 search fee listed on this invoice) will be charged if title insurance is canceled or this Balance Due Upon Receipt $150.00 transaction does not close within 60 days. actDataScout, your source for Arkansas Assessor's Office real property records Page 1 of 1 Independence County Assessor's Office Real Property Records AAA brought to you by Odus L. Fulmer,assessor jW • Property ID: 27237 actDataScou Parcel: 1102912000 Location: 2402 CASE Owner: FAIR, RANDALL EDWARD ET ALS 1700 CLAXTON LP BATESVILLE, AR 72501 Property Type: (RI) Res. Improv. Tax District: (01C) BATESVILLE Tax District Millage Rate: 50.75 2009 Market Value: Land: $8,350 Bldg: $9,550 Total: $17,900 2009 Assessed Value: Land: $1,670 Bldg: $1,910 Total: $3,580 Homestead Status: (N)No Adj I Credit: No I Amount: $0.00 2009 Estimated A.V. Tax: Contact Tax Collector at 870-793-8823 for tax amounts. S-T-R: -- Subdivison: MAXFIELD 3RD EAST Block: 057 Lot: 001 Acres: 0.172 Legal: Not Specified 4ansfers Deed Date Book Page Deed Type Deed SU1,1"ps 0, Sate Price Grantee 9/11/2007 2007 5290 Warr. Deed FAIR, RANDALL EDWARD 10/9/2006 2006 6092 Quit Claim FAIR, RANDALL EDWARD ET ALS 10/18/2004 2004 4650 Quit Claim FAIR, RUBY JEAN 2/22/1984 A.1.3 65:3 CLEMENTS, JOHN L MRS 1/1/1982 CLEMENTS,J L Land Size Units Use/Dimensions 7500.000 Sq.Ft 50x150 Buildings Card Occupaa: .y Stagy Finish Liv Area Gvade Built I Age I Condition Beds Baths Half View Card 1 Single Family ONE Frame Siding Std, 708 33 Average 1 Card Heat/Air Basement A,ea Fireplace city Roof Cover 1 F Asphalt Shingle Card Building Cotler. Description Size./Bien. Size/Dim. Grade 1 A DWG Dwelling 708 1 B OP Porch, open 72 1 OB/FR Outbuilding,frame Sketch for Card 1 http://www.actdatascout.com/details.aspx?request=MTM7Mj cyMzc7Mj QwMn5%2bQOFTRTszOzE%3... 05/11/2010 " CITY OF BATESVILLE A CODE ENFORCEMENT HISTORIC (W Taensuae 500 E. Main St. Batesville,AR 72503 (870)698-2400 W4 NVAS' )[LEST (870)698-2408 Fax NOTICE January 19, 2010 RANDALL EDWARD FAIR ETALS 1700 CLAXTON LOOP BATESVILLE, AR 72501 PROPERTY: 2402 CASE ST VIOLATION: SUBSTANDARD STRUCTURE This notice is to inform you that you are in violation of ordinance 11.12.01 Existence of nuisance unlawful, Definition of. That it shall be and it is hereby declared to be unlawful for any person or persons,partnership, corporation or association, to own, keep or maintain any house, building and/or structure within the corporate limits of the City of Batesville, Arkansas, which constitutes a nuisance and which is found and declared to be a nuisance by resolution of the City Council. (1) Major structural components of the structure are missing such as doors, windows, walls or roof; (2) The structure is left unlocked, unattended and vacant; (3) The structure is not being built or under active repair; or (4) The structure is not an out building, an accessory building or used for storage. (Ord. No. 90-8-1, Sec. 2) .**ALL TH SIDING IS DRY ROTTED, THE SOUTH WALL IS DRY ROTTED AND PORTIONS MISSING, THE ROOF IS SAGGING AND THE BACK WINDOW IS BROKE OUT THEREFORE THE BUILDING IS UNSECURE AND VACANT** If you feel that this notice is in error,you may contact the Code Enforcement office for an application to go to the appeals board. If this situation is not taken care of by 2/16/2010,the house will be subject to being placed on the list for condemnation. We appreciate your cooperation in this matter. If you have any questions, please contact City Hall at 870-698-2400. City of Batesville Code Enforcement Office L Postal (DomesticCERTIFIED MAIL, RECEIPT Only; , Insurance Coverage Provided) 1 t - ❑A �p [�+1.X ( C Addressee M F F A L, lu es- (Printed Name) C. Date of Delivery "B Postage ? 11 Yes ft.t dress different from item 1. `D Certified Fee delivery address below: ❑ No E3 Postmark Return Receipt Fee Here M (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) 0 • fU Total Postage&Fees CIDI e r (/ R.1 Li Nail ❑Express Mail sent To d []:,Return Receipt for Merchandise ❑- !1_�_ �_ G=4/� _� _... s ............ lail ❑C.O.D. � Street,Apt.No., / O or PO Box No. L /(i eliveryl(Extra Fee) ElYes -� --- - --- . -� ........ ......................State,ZIP+4PR Form 3800.August 2006�(!/ See Reverse for instructionsC PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i CITY OF BATESVILLE A 500 East Main COUNCIL HISTORIC BATESVILLE,ARKANSAS 72501 THOMAS E.BRYANT TREASURE Phone 870-698-2400 MARGARETT HENLEY DAVY INSELL FAX 870-698-2406 FRED KRUG DOUGLAS MATTHEWS 9�ANSAS'OLDEST C,� �%„ ; MATTMCDONALD RICK ELUMBAUGH,MAYOR RICHARD O'NEAL DENISE JOHNSTON,CLERK DAVID SHETRON SCOTT STALKER,ATTORNEY April 8,2008 Mr. Randall Edward Fair 1700 Claxton LP Batesville, AR 72501 Re: Condemnation Notice,2402 Case St. Mr. Fair; Please be advised that a Public Hearing before the City Council of Batesville will be held on Tuesday,May 11,2010 at the Batesville Municipal Building at 5:30 P.M.to consider the condemnation of the structure located at 2402 Case Street,according to the tax records,parcel# 1102912000 you are shown as the owner of record. The structure is and has been in violation of city ordinance#90-8-1 (attached),which is considered a nuisance and potential risk to the health,and safety of the community. If the structure is condemned by the city council then a time will be given to demolish and remove the structure or the city will have it done and you will be liable for any expenses involved. Please make arrangements to be in attendance at this meeting and if you have any questions you may contact me at 870- 698-2456. Sincerely, Chad McClure Code Enforcement Officer I "CITY OF HOSPITALITY" actDataScout, your source for Arkansas Assessor's Office real property records Page 1 of 2 Independence County Assessor's Office Real Property Records w W brought to you by Odus L. Fulmer,assessor Property ID: 27237 Parcel: 1102912000 Location: 2402 CASE Owner: FAIR, RANDALL EDWARD ET ALS 1700 CLAXTON LP BATESVILLE, AR 72501 Property Type: (RI) Res. Improv. Tax District: (01C) BATESVILLE Tax District Millage Rate: 50.75 2009 Market Value: Land: $8,350 Bldg: $9,550 Total: $17,900 2009 Assessed Value: Land: $1,670 Bldg: $1,910 Total: $3,580 Homestead Status: (N)No Adj I Credit: No I Amount: $0.00 2009 Estimated A.V. Tax: Contact Tax Collector at (870) 793-8823 for tax amounts. S-T-R: -- Subdivison: MAXFIELD 3RD EAST Block: 057 Lot: 001 Acres: 0.172 Legal: Not Specified Transfers Beed Date Book Pane Creed Type Deed Stamps Est. sate Price Grantee 9/11/2007 2007 5290 Warr, Deed FAIR, RANDALL EDWARD 10/9/2006 2006 6092 Quit Claim FAIR, RANDALL EDWARD ET ALS 10/18/2004 2004 4650 Quit Claire FAIR, RUBY JEAN 2/22/1984 A13 653 CLEMENTS, JOHN L MRS 1/1/1982 CLEMENiS, J L. Land Size Units Use/Dimensions 7500.000 Sq.Ft 50x150 Buildings Card Occupancy Story Finish Liv Area Grade Built Age Condition Beds Batts Half View Card 1 Single Family ONE Frame Siding Std. 708 1 1 33 1 Average 1 Card beat./Air Basement Area Fireplace Qty Roof Cover 1 F Asphalt Shingle http://www.actdatascout.com/details.aspx?request=MTM7Mj cyMzc7Mj QwMn5%2bQOF... 01/19/2010 CERTIFICATE File No.: 2010-0099C Chad McClure March 15, 2010 @ 8:00 a.m. RE: Henry Wayne Clements, undivided%interest Randall Edward Fair,Zana Jean Fair Wigginton, and Jennifer Elizabeth Fair Slisher, undivided 1/2 interests Legal description: All of our undivided interest in and to: The W%2 of SW 1/4,and the S'/Z of SE 1/4 of SW'/of Section 1,Township 14 North, ,Range 7 West,containing 100 acres,more or less. ,/The NE'/of SE'/4,and the S'/2 of SE'/of Section 2,Township 14 North,Range 7 West,containing 120 acres,more or less. ,//The NE'/4 of NE'/of Section 11,Township 14 North,Range 7 West,containing 40 acres,more or less. The N'h of NW 1/4,the SE'/of NW 1/4,and the W'/Z of NE'/4 of Section 12, Township 14 North,Range 7 West,containing 200 acres,more or less. The W'/�of NW'/and the NW'/4 of SW'/4 of Section 13,Township 14 North,Range 7 West,containing 120 acres, more or less. The SE'/4 of NE'/and the NE'/4 of SE'/4,of Section 14,Township 14 North,Range 7 West,containing 80 acres,more or less. A part of the NW'/4 of NE'/4 of Section 14,Township 14 North,Range 7 West, described thus: Commence at the SE corner of said NW'/of NE'/4 and run thence North for 313.5 feet;thence West a distance of 313.5 feet;thence South 5 degrees 54 minutes East for 313.5 feet; thence East a distance of 280.5 feet to the Point of Beginning,containing 2 acres, more or less. The S'/Z of Lot 1 of NW 1/4,and the N'/z of SW'/, of Section 7,Township 14 North, Range 6 West,containing 124.29 acres,more or less. The NE%4 of SW'/4 of Section 9,Township 14 North,Range 7 West,containing 40 acres,more or less. A part of the W'/:of SW'/4 of Section 9,Township 14 North,Range 7 West, containing.75 acre,more or less. A part of the SE'/of SE'/of Section 12,Township 13 North,Range 7 West of the 5`h Principal Meridian in Independence County,Arkansas,more particularly described as follows: Commencing at the SE corner of said Section 12; thence North 87 degrees 20 minutes 33 seconds West a distance of 533.94 feet to the Point of Beginning on the West line of a County Road; thence North 87 degrees 20 minutes 33 seconds West a distance of 202.9 feet; thence North 16 degrees 31 minutes 23 seconds West a distance of 113.9 feet;thence South 87 degrees 20 minutes 33 seconds East a distance of 217.1 feet to a point on the West line of a County Road; thence South 09 degrees 30 minutes 00 seconds East along said West line a distance of 110.0 feet to the Point of Beginning. The North 70 feet of Lots 13 and 14 in Block 7 of Maxfield's Second Eastern Addition to the City of Batesville,Arkansas. Lot 1 in Block 57 of Maxfield's Third Eastern Addition to the City of Batesville,Arkansas. Lot 6 in Block 50 of Maxfield's Western Addition to the City of Batesville,Arkansas. Lot 9 in Bock 15 of Wycough's Second Addition to the City of Batesville,Arkansas. I hereby certify that I have made a search of the records in the office of the Circuit Clerk of Independence County, Arkansas, relative to the above described real estate, dating from 1011812004 and find only the following: 1. Quitclaim Deed from John Edward Clements and Ila M. Clements, husband and wife to Ruby Jean Fair and Henry Wayne Clements dated 02/24/2001 and recorded 10/18/2004 in Deed Book "2004" page 4650. 2. Quitclaim Deed from Edward Zane Fair and Ruby Jean Fair, husband and wife to Randall Edward Fair,Zana Jean Fair Wigginton and Jennifer Elizabeth Fair Slisher recorded 10/09/2006 in Deed Book "2006" page 6092. Others: Taxes for Randall Edward Fair and et al on Parcel# 11-02912-000 are $185.26 for 2009 now due and payable for 2009. Judg nts, Lis Pende , and Mechanic's and Laborer's Liens: NONE 1 `i�` �� Abstra er, Batesville Title Services