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City of Fayetteville
File #: 22-3067    Version: 1 Name:
Type: Consent Status: Agenda Ready
File created: 11/14/2022 In control: City Council Regular Meeting
On agenda: 11/28/2022 Final action:
Title: Rescind Demolition Ordinance 6335 Applecross Avenue District 7 6545 Raeford Road District 7
Attachments: 1. Applecross Avenue, 6335 - Recorded Ordinace, 2. Applecross Avenue, 6335 - Resolution Rescinding Demolition Ordinance - Restructured, 3. Applecross Avenue, 6335 - Photos, 4. Raeford Road, 6545 - Recorded Ordinace, 5. Raeford Road, 6545 - Resolution Rescinding Demolition Ordinance - Restructured, 6. Raeford Road, 6545 - Photos
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO:                                            Mayor and Members of City Council

THRU:                      Kelly Olivera, Assistant City Manager

                                          Dr. Gerald Newton, AICP, Development Services Director

David Steinmetz, Development Services Assistant Director

 

FROM:                     Dereke D. Planter Jr., Code Enforcement Supervisor

 

DATE:                      November 28, 2022

 

RE:

Title

Rescind Demolition Ordinance

 

6335 Applecross Avenue                                                                                    District 7

6545 Raeford Road                                                                                    District 7                     

end

 

COUNCIL DISTRICT(S):                      

Council District(s)

7                     

 

 

b

Relationship To Strategic Plan:

Goal 1:  Safe & Secure Community; Goal 4:  Desirable Place To Live, Work & Recreate

 

 

Executive Summary:

Approval of resolution to rescind previously adopted demolition ordinance where the related dangerous building is timeworn and adopt restructured version as per legal guidance.

 

 

Background: 

In order to abate the dangerous building, staff recommended and the City Council adopted the following demolition ordinances which were not acted upon:

 

Address                                                               Condition                     Ordinance No.                     Abatement Action

6335 Applecross Ave.                     Dangerous                     NS 2021-024                                          Restructured

6545 Raeford Rd.                                          Dangerous                     NS 2021-025                                          Restructured

 

The current ordinances are outdated and were not acted upon. The demolition ordinance was filed and recorded with the Cumberland County Register of Deeds as a lawfully authorized abatement actions to be taken by the City on the related property.

 

 

Issues/Analysis: 

The demolition ordinance will no longer be effective as it was not acted upon.  There are subsequent liens for asbestos testing costs assessed or recorded against the property.  The proposed resolutions rescind the previously adopted demolition ordinances and contains an adopted restructured version as per legal guidance.

 

 

Budget Impact: 

6335 Applecross Ave. $32.00 in recording fees with the Cumberland County Register of Deeds. $6,035.00 in asbestos testing costs.

 

6545 Applecross Rd. $32.00 in recording fees with the Cumberland County Register of Deeds. $770.00 in asbestos testing costs.

 

 

Options

Adopt the proposed resolution rescinding the recorded demolition ordinances.

Abstain from any action.

Deny the proposed resolution rescinding the recorded demolition ordinances.

 

 

Recommended Action: 

Staff recommends the Council move to adopt the proposed resolution rescinding the demolition ordinances as one of the two actions being considered at this meeting.

 

 

Attachments:

Recorded Demolition Ordinances

Proposed Resolution rescinding the Demolition Ordinances

Current photos