Council approves razing of house boarded up since before 2002
Posted on Thursday, September 4, 2008
ANTHONY REYES Northwest Arkansas Times The owner of the home at 402 E. Center St. has 60 days to repair it or it will be torn down, by order of the Fayetteville City Council. The structure has been vacant for years and is in uninhabitable condition, with sections of the collapsed roof exposing the inside of the home to the elements.
The house that the Fayetteville City Council determined Tuesday could be razed by the city has been vacant and boarded shut for more than six years.
"This home is beyond repair," said Steve Cattaneo, Building Safety Division director, in a report describing the collapsed roof and ceiling, broken windows and foundation damage at 402 E. Center St.
Since 2002, about 230 structures have been identified by the Code Compliance Program as unsafe, according to Chad Ball, code compliance administrator.
Of those, 67 were razed, five by the city and the other 62 by property owners, Ball reported.
The remaining 163 had their problems corrected without being razed, according to Ball.
City Code Compliance officers began contacting owners of the Center Street house in April because of long grass. Ball said the home had been boarded shut since before the city began keeping computer records in July 2002.
While dealing with the grass issue this spr ing, inspectors noticed the house was starting to deteriorate and asked the Building Safety Division to determine if the structure was safe. On learning that it was not, Code Compliance notified the owner, which started the raze and removal process.
When property owners are notified, they are given 30 days to get a permit to fix or demolish the building, Ball said. Code Compliance brings the matter to the attention of the City Council if neither permit is sought within that 30 days.
If the council agrees that there is sufficient reason to order the structure torn down and removed, they pass a resolution ordering the action. Council unanimously approved such a resolution for the Center Street house at Tuesday's meeting.
Property owners then have another 60 days to take care of the problem. It takes 30 days for the resolution to become effective, then a final 30-day notice is given to tell the date of the razing and to ask that personal items be removed.
In the case of the Center Street house, owner Sandra Taylor of Fayetteville told city staff after getting the first notice from Code Compliance that she wanted to repair the building, Ball said. However no permits were issued.
In June, the property was deeded to Taylor's daughter, Tiffany Major of Fayetteville. City staff started the raze and removal notification process again with the new owner. Notices were sent by certified mail and hand delivered to the property owners, Ball said.
"We have not had any response from the owners saying they want to do anything at this point," said Yolanda Fields, community resources director.
Aubrey Shepherd of Fayetteville spoke at the council meeting about the raze and removal process in general and about the Center Street house in particular. He said he had concerns about environmental and human justice issues.
Shepherd said Wednesday he is not saying the building shouldn't be removed.
"I think it's part of a problem of poor people losing their homes," Shepherd said, adding he "might suggest a few extra steps building up to the raze and removal."
He told the council the roof of the Center Street property needed repair but it didn't appear to him that the joists were sagging. In his opinion, the problem mostly seemed to be that it was dirty and cluttered.
His environmental concern is for big trees on the property and the possibility of erosion causing problems for neighbors if the building is taken down with a bulldozer or other big equipment, he said.
Ball said a bid has been accepted for the raze and removal. He said when the work is done, the lot should be "mowable"with "no big boulders or big holes"and with a "minimal effect on the lot."
"There is a driveway. You can get in there without destroying the trees and causing a lot of erosion, but if you bulldoze this house the way it's so often done, we do lose a lot of those things," Shepherd said.
He said it would more closely follow the city's push for sustainability if the house was removed by hand and salvageable materials were recycled.
Shepherd said he is also concerned for the city's neighborhoods because of the possibility of multifamily buildings being approved on razed lots.
He said his other concern is that property owners in any raze and removal process be "treated absolutely fairly."
Ward 3 Alderman Robert Rhoads asked if Shepherd had taken his concerns to Code Compliance. Shepherd answered that what the policy staff followed was set by the council.
"All in all, I guess I would rather have a property owner upset than a child killed or injured seriously because we let a dilapidated building go on. I don't think we have anybody in code enforcement that goes by the name of Snidely Whiplash," Rhoads said.
City Attorney Kit Williams said the resolution passed by the city only gives the right to demolish the structure. It is not a condemnation nor a taking of the property, Williams said.
He said the cost of the raze and removal becomes a lien against the property that must be paid if the property is ever sold.
"It stays with the owner," Williams said.
Attempts Wednesday to reach Taylor and Major were unsuccessful.
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