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HomeMy WebLinkAboutOrdinance 3423 . Fel fD Fp P R fppRO ORDINANCE NO . 3423 K�Sy/NCrp 2 Ir Kptt % ppq AN ORDINANCE ORDERING THE RAZING AND REMOVAL MfrfR �' OF DILAPIDATED AND UNSAFE STRUCTURES AND THE ABATEMENT OF UNSIGHTLY CONDITIONS AT 1248 EAST x 13TH STREET AND 1160 , 1218 and 1236 SOUTH MICROFILMED HAPPY HOLLOW ROAD . V WHEREAS , Tenney Watkins is the owner of the real property described in Exhibit " A" attached hereto and made a part hereof ; and J WHEREAS , Raymond Kellar and Imogene Kellar are the owners of the real property described in Exhibit " B" attached hereto and made a part hereof ; and WHEREAS , the Board of Directors has determined that the structures located on said property are dilapidated , unsightly , unsafe and detrimental to the public welfare ; and WHEREAS , the owners of said property , after having been given over twenty days ' notice by certified mail , have neglected and refused to raze and remove said unsafe structures and to abate the unsightly conditions on said property . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Tenney Watkins and Raymond and Imogene Kellar are hereby ordered to abate the unsightly conditions and to raze and remove the dilapidated , unsightly and unsafe structures located on the aforesaid real property . Said work shall be commenced within ten ( 10 ) days and shall be completed within thirty ( 30 ) days from the passage of this ordinance . The manner of removing said structures shall be : dismantle by hand or bulldoze and haul all debris by truck to a landfill . Section 2 . If the aforesaid work is not commenced within 10 days or completed within 30 days , the City Manager is hereby directed to cause the unsightly conditions to be abated and to cause the aforesaid structures to be razed and removed ; and ,. the City of Fayetteville shall have a lien upon the aforesaid real property for its costs of razing and removing said structures and abating said unsightly conditions . Section 3 . The Board of Directors hereby determines that the aforesaid unsightly conditions and dilapidated and unsafe structures constitute a continuing detriment to the public safety and 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 FIBER 1 lr5PAG649 welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 2nd day of May 1989 , APPROVED By : /4 Mayor ATTEST By : r t Clerk LIBER 28PAGE550 EXHIBIT " A" Legal Description for Tract A Part of the W2 , SE 'J , NWa , Section 23 , Township 16 North , Range 30 West , described as beginning at a point 563 feet North of the SE corner of said 20 acre tract and running thence North 130 feet , thence West 330 feet , thence South 130 feet , thence East 330 feet to the point of beginning . IIRER �U'�UPAGE551 • EXHIBIT " B " Legal Description for Tract B Part of the Wz , SE4 of Section 23 , Township 16 North , Range 30 West , described as beginning at a point 693 feet North of the SE corner of said 20 acre tract , and running thence North 409 feet , thence West 144 feet , thence North 50 feet , thence West 416 feet , thence South 459 feet , thence East 660 feet to the point of beginning . IIBER 111')8PAGE552 1, 'Alma Kollmc y. r .. :c Ex-officio Recorder fa Wac -it C ..:.lya Arkansas, do hcrcb c rtif 'sirument was filed f - , a- n, -?q as indicated hereon , . :w CERTIFICATE OF RECORD duly recorded with t. State of Arkansas and certificate thcrr 0 o SS page as indicated Ih . City of Fayetteville IN WITNESS wMM F; f, ' ij, r : i L Suzanne C. McWethy, City Clerk and Eel my hand and affixed Ino aa: o: .a' Ex-Officio recorder for the City of Fayetteville, Court on the date indicated bete^r. do hereby certify that the annexed or fore- , Alma Kollmeyer going is or record i:: my office and the same ap- pears in Or:linancz F: %esolution book Circuit Clerk and Ex-officio Recorder X7C � at Paz e.. T—, Witness my d and seal this day of by 19 erk and Ex-Officio Recorde STA TE o1 ARKANSAS 1 as. Id County of Washington J Legal Notices'..'; 1V Legal Notices ' ' :a ORDINANCE NO. 3023 'sightly conditions and dllap- Y� v�-- rif�rf-6� ,'AN ORDINANCE ORDER- Idated and unsafe structYres I, hereby certify that I ;ING THE RAZING . AND constitute a continuing det- am the publisher I# THE NORTHWEST ARO NSAS TIMES, a daily newspaper REMOVAL OF DILAPI- riment to the public safety having a second Class mailing privilege.DATED AND UNSAFE and welfare and determines g g p ge. and being not less than four pages of STRUCTURES AND THE that unless The provisions of five columns each, published at a fixed place of business and at a fixed (dally) ABATEMENT OF -. UN - this ordinance are put into intervals continuously in the City of Fayetteville, County of Washinton, Arkansas SIGHTLY CONDITIONS AT effect Immediately, the g - 1248 EAST, 13TH ; STREET public health, safety . and for more than a period of twelve months, circulated and distributed from an `AND .1160, 1218:, and 1236 welfare of the people of established place of business to subscribers and readers generally of all classes SOUTH HAPP.Yf ;HOLLOW Fayetteville will beadverse- `ROAD.- . .. , ,. }„ni?w•"•,�• -., ' ly affected. . Therefore, an- in the City and County for a definite price for each copy, or a fixed price per !UW H E R E A S , . T e n n e y emergency IS hereby annum, which price was fixed at what is considered the value of the publication, Watkins is the owner of the declared to exist and this or: based uponihenews valueand service valueitcontains, that at least fifty meal property -described in dlnance being necessary for ypercent %Exhibit "A" attached hereto the public health, safety and of the subscribers thereto have paid cash for their subscriptions tothenewspaper 'and made pari hereof; and welfare shall be in full force or its agents or through recognized news dealers over a period of at least six WHEREAS, ,Raymond and effect from and after its . Kellar and Imogene Kellar passage and approval. - months; and that the said newspaper publishes an average of more than forty iare .the owners of the real PASSED) AND APPROV- percent news matter. property described In Exhib ED this 2nd day of May, - ;At "B" attached hereto and 1989. . rni,._ made a part hereof; and [ . , APPROVED I further certify that the legal notice hereto attached In the matter of 1MWHEREAS, the Board of L.BY: William V. Martin directors ,' has' determined Mayor ftjat,the"structurei,;located, ATTEST ` ptG -'' 't` `•""r'. 3on=abitl7propertY 'i8 dilapi-,,BY: Suzanne MCWatnY s^-•e'^' ,[Iiyl.,(s� ea 3 �. , � 9 S��G itlbted, unsightly, unsafe and . City Clerk - " ' ' -detrimental to 'the_ Publfc ._ � EXHIBIT "A :weledre; and t Legal Description ;` =. was published In the re ular daily issueof netts a " , ,WHEREAS,.ihe owners of *'•' for TractA '% P g P pe[ for ,saitl'property, after having "Part of the W1/2, SEI/41 consecutive insertions as follows: been 'given over twenty NWIA, Section 23, Township days=. ave gl certified and d North, Range ni West The first Insertion on the C2 � da of v 19 0 L_ :mall,"nave neglected anddescribed et beginning ata Y refused to raze and remove coiner of M d 20 hofacre tract SE abate mid structures and corner of saitl 20 acre tract the second Insertion on the da '-abate 5attl unsightly Condi- and running thence W North Y of 19 "tions- '� 170 feet, thence West 370 1,11NOW, THEREFORE, BE feet thence South 130 feet, the third Insertion On the __ day of 19 IT ORDAINED BY THE thence East 330 feet to the "BOARD OF DIRECTORS pointot beginning. OF THE CITY OF FAYET- _ . . EXHIBIT "B" and the fourth Insertion on theda ' f_ UT.EVI LLE, ARKANSAS: j Legal Description IMSectlon 1. That Tenney for TractB ' ' oWatkins and Raymond and Part of the W'h, SEV. of _Imogene Kellar are hereby Section 23, Township 16 ordered abate the unsightly North, Range 30 West, I-conditions and .to raze and described as beginning at a orn to and subscribed before me o this c, 4 d of r;remove the dilapidated, un- poin1693 feet North of the SE !,SIQWIY and . unsafe strut- corner of said 20 acre tract, C Itures . located on the and running thence North � aforesaid Teal property. 409 feet, thence West 144 ;Said work •shall be Com- feet, thence North 50 feet, ',meneed within ten (10) days thence West 416 feet, thence and ahall . be completed South 459 feet, thence East No a Public' ' within thirty (30) days from 660 feet to the point of begin- - , -the passage of this ordi- ning. „narice. ' The manner of My Commission Expires: ) I removing ' said - structures :shall' be: dismantle by hand ' or bulldoze and haul all / ( / 1 ' ) fe l debris by truck toa landfill. 9 Irt ; � Section 2. It the aforesaid "work Is not commenced •� I () 1 :wimin'10 days or completed � •' , within - 30 days, the City . . . . . Manager is hereby directed t to caum.the unsightly coni- Fees for Pi inting :. tions- to be abated and to " - ; cause aforesaid structures to be razed and removed; Cost of Proof —. S and, the City of Fayetteville ,, and, a lien upon the / Gj aforesaid real property for Total -R.its costs of razing and removing said structures. Section 3. The Board of Directors hereby deter. ;--mines that the aforesaid un-