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HomeMy WebLinkAboutOrdinance 3014 ORDINANCE NO . 3014 MICROFILMED _ AN ORDINANCE ORDERING THE RAZING AND REMOVAL OF AN UNSAFE STRUCTURE LOCATED AT 1155 S . MAXWELL . WHEREAS , the Estate of Curtis R . Emery is the owner of the real property described in Exhibit "A" attached hereto and made a part hereof ; and WHEREAS , the Board of Directors has determined that the structure located on said property is dilapidated , unsightly , unsafe and detrimental to the public welfare ; and WHEREAS , Sarah R . Emery , the executrix of the Estate of Curtis R . Emery , after having been given well over thirty days ' notice (by certified mail and by notice posted in a _ conspicuous place on the premises of said property described in Exhibit "A" ) to do so , has neglected and refused to repair or raze and remove said unsafe structure . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . • That Sarah R . Emery , executrix of the Estate of--Curtis R . Emery is hereby ordered to raze and remove the dilapidated , unsightly and unsafe structure located on the real property described in Exhibit "A" attached hereto and made a part hereof . Said work shall be commenced within ten ( 10 ) days and shall be completed within thirty ( 30 ) days from the effective date of this ordinance . The manner of removal shall be : dismantle by hand and bulldoze . Section 2 . If the aforesaid work is not commenced within said ten 10 days or completed within said thirty ( 30 ) days , the City Attorney is hereby directed to institute such legal proceedings as maybe necessary in order to enforce this ordinance and abate the dangerous and unsafe conditions existing on the aforesaid property . Said legal proceedings shall seek a decree authorizing the City of Fayetteville to raze and remove said structure and providing that the City shall have a lien upon the real estate for the cost of removing said structure . Section 3 . The Board of Directors hereby determines that tt e�i�said unsafe structure constitutes a continuing detriment to the public welfare and determines that unless the provisions of this ordinance are put into effect immediately , the public health , safety and welfare of the people of Fayetteville will be adversely affected . Therefore , an emergency is hereby declared to exist and this ordinance being necessary . ;for the public health , safety and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this :5th day of June 1984 . APPROVED : T rri By : 6 cc 1 . 1. P Mayor ATTEST : ` w By : C yClerk BOOK1111P�GE1� l EXHIBIT "A" Lot 31 in Maxwell Addition to the City of Fayetteville , Arkansas , as per plat of said Addition recorded in the office of the Circuit Clerk and Ex- Officio Recorder of Washington County , Arkansas . CERTIFICATE OF RECORD CERTIFICATE OF RECORD State of Arkansas ( STATE OF ARKANSAS SS. City of Fayetteville ( SS Washington County I, AImiL. {y,I /e:, Circuit CL;k and Ex-0ffirlo Recorderfor 1, Suzanne C. Kennedy, City Clerk and Washington Coun';r. do hereby certify that the annexed or fore. Ex-Officio recorder for the City of Fayetteville, going instrument was filed for recordin my office on thoLaday do hereby certify that the annexed or fore- ofl a('d :34 'clocIP M , and the same is going is of record in my office and the same ap. duly re rded in N 0 MA record \\\ \ at page pears in Ordinance & Resolution hook Witness my hand and sealthisl� day of 1� X l X at page Witness my hand and seal this �� —r ay Circuit Clerk and of xOtticio Recorde 19 ev1 � _ er _ De uty Clerk y Jk and Ex-O i o Record r BOOK 1111PAGE197 ORD I NANCE NO. 0014 �• An Ordinance ordering the , razing and removal of an un- safe structure located at 1155 S. STATE of ARKANSAS Maxwell. - Be. WHEREAS, the Estate of i County Of Washington Curtis R. Emery istheownerof Y the real property described in . r Exhibit A" attached hereto , '�) I and HER apart the B and fes. O�'�- fLv. WHEREAS, the Boers of I, - hereby certify that I Directors has determined that am the publisherof THE NORTHWES ARKANSAS TIMES, a dally newspaper the structure located on said Y news P P property to dilapidated, un- having a second class mailing privilege, and being not less than four pages of sightly, unsafe and detrimental five columns each, published at a fixed place of business and at a fixed (dally) �'. pu e: and , WHEREAS , SarahR . intervals continuous) in the City of Fayetteville. County of Washington, Arkansas Emery, the executrix of the for more than a period of twelve months, circulated and distributed from an Estate of Curtly R. Emery, established place of business to subscribers and readers generallyof all classes after having been given well y in the City and County for a definite rice for each cop per over thirtyhavin abrin givens my P py, or a fixed rice r certified mall and by notice annum, which price was fixed at what is considered the value of the publication, posted in aconspicuous place Po basedupon the news value and service value it contains. that at least fifty percent on the premises of said Pro' perty described In Exhibit of the subscribers thereto have paid cash for their subscriptions to the newspaper A") to do so, nos nfglacted or its agents or through recognized news dealers over ariod of at least six Or from aria refused to le"trPe ane remove„ saidp .unsafe months; and that the said newspaper publishes an average of more than forty structure. " - NOW, THEREFORE.i BE IT percent news matter. ORDAINED BY THE BOARD OF DIRECTORS OF THE I further certify that the legal notice hereto attached In the matter of .CITY OF FAYETTEVILLE, ARKANSAS: d - Se 1. That Sarah' R. Emery,ry. a executrix of the Estate l`1�L.�Y-CilL.11 .ri Qc/ CJ Sz- of Curtis R. Emery Is hereby -- -- ordered to raze and remove the dilapidated, unsughtly and was published In the regular dally issue of said newspaperfor unsafe structure located on the consecutive insertions as follows: real property described In Ex- hibit "A" attached-hereto and made. a part hereof. Said work The first insertion on the�� day of 19 M shall be commenced within ten I "In days and all' be COM- plated within thirty" (30) days the second Insertion on the day of 19 from the effective date of this ' ordlnanca. Tne manner of removal shall be: dismantle by the third insertion on the day of 19 handandbulldoze. ' Semon z: H ie aforesaid work Is not commenced withinn and the fourth insertion on the day of 19 10) said ten ttorndays of completed within mid thirty (30) days, the ,(,��zs)ij ',i,•(ry4,._ rt'vJAfry�/z__ _{,�/Oyn/_ City Attorney Is herebylal I'�., ' X11' directed to institute sato legal proceedings as may be feces- •orn to and subscribed before me on this earn in ce to enforce this day of ordinance and "Data the dangerous and unsafe conal- 19 tions existing on the aforesaid property. Said (pal Proceed- Ings shall seek .a decree authorizing the City of Fayet- tevnle to raze and remove said N n' Public structure and Prodding that the city shall nave a lien upon My Commission Expires: " the real estate far the cost of Section z. The Board 'of Directors. hereby determines that tris ' aforesaid unsafe . . . . . atrueture constitutes a confl- nuing detriment to the public welfare and 0eterminea that „ • •• ' unless the provisions of this /J 9 ordinance aro put Into effect Fees for Printing S immediately, the public health, safety and welfare. " the P"' pie of Fayetteville . will be . Cost of Proof S adversely affacted. .Theretoro, an emergency' is . hereby , de- clared .to e-clared .to exist and, this oral- Total S I L/ name being tlanessarY.,for the public health, .safety and welfare shall be in full force and effect from and after its) posmize and appinzi PASSED AND APPROVED this SM day of usage, wtu: . r ,,. � P 'l D . , : APPROVED:ED: - V CP By: Paul R. Noland 1',i�.`.:i ••: Mayor ' ABYTT: Suzanne C. JV G 1994 CltYclarkEXHIB— inMax elIA•• ABCOtlidT� PAYABLE LOt Tin Mbxwell AlldiNolie. the City of Fay btteville. A'rkFri"S, as por plat of said Addition recorded in Ine office of the Circuit Clerk and Ex- Of ficlo Roc 0 r der of . Washington , County , Arkansas. 11 11 MAKE CHECKS PAYABLE TO: Q4f 494 Nos i� '� 54g4• CLASSIFIED ADVERTISING I 24496 ' NORTHWEST ARKANSAS TIMES LINES TIMES AMOUNT P. O. DRAWER D FAYETTEVILLE, ARKANSAS 72701 1051 r *4 4073. SCl ' 212 NORTHEAST AVENUE PHONE •(501 ) 442-6242 YOUR CLASSIFIED INVOICE IS NOW DUE. IF NOT PAID WITHIN 10 DAYS AMOUNT DUE WILL BE �r• PHONE CLERK INDEXING TERMS: : 111E:1'.� City of Fayettsvill ? AD GIVEN BY CLASSIFICATION Dramlar CODE SOLICITED Bv OPERATOR ul 72702 G_ START DATE STOP DATE SKIP SCHEDULE PLEASE PAY PROMPTLY ^ OPKDINAN'ICE NO . �DC1 ;• 1�rutnancr al. of an unsafe s - ruct -j 'located at 115 _. 1 .. Cit th EL cs to to of Cu ^ ,-. _ s cmerq the Ov7:ILi u; rtu described in cr. i _ . " A " attached h < ra hereof ; and " tJH , . . , CEI 'VEQ jet o2l§84 ACCOUNTS PAYABLE