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HomeMy WebLinkAboutOrdinance 3439 F! LED FOR RECORD ' 89 SEP 6 Pfd 4 09 ORDINANCE NO . 3439 WASHINGTON CO AR AN ORDINANCE ORDERING THE RAZING AND REMOO/7LLMEYER OF AN UNSAFE STRUCTURE LOCATED AT 515 L M AVENUE KNOWN TOTHE CITY OFFAYETTEVILE , ARKANAND ADDITION SFD WHEREAS , Eoff & Co . , Inc . 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 , the owner of said property , after having been given well over thirty days notice by certified mail , have neglected and refused to 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 Eoff & Co . , Inc . is hereby ordered to raze and remove the dilapidated , unsightly and unsafe structure 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 structure 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 aforesaid structure to be razed and removed ; and , the City of Fayetteville shall have a lien upon the aforesaid real property for the cost of razing and removing said structure . Section 3 . The Board of Directors hereby determines that the aforesaid unsafe structure constitutes 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 welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 18th day of July , 1989 . APPROVED : f FrtE /� 2 Mayor Y : I di'ty 1 • k [IB[P, v13"'•.3PHGE OlU1Q Y J � : y.,K , 1 EXHIBIT " A" LEGAL DESCRIPTION FOR 515 LYTTON AVENUE Part of Lot 16 and 17 , Block 3 in the Fairland Addition to the City of Fayetteville , as recorded in Deed Book 1288 , pages 40 - 46 , as per plat in the Office of the Circuit Clerk and Ex-Officio Recorder office . LIBER133JPAGE019 I, Alme KotlmaYar . Cirruit Clcr� anC an Go3n:Y, Ex-oniric I<% o. ,.,,, In- do hereh• ceY:.v orlca 'Arkansan, �« in sirument was I,bo :or n .mz is row as indicated hc:eonrrl,d - cr.3n1 re<o� ded with th'r ac" o duly � end m . .c : ord $o and ceridfeet -' . . thereon. Page as indica--.1 I have hereunto IN wI(t,tW) 42n OF,Nsaid hard and a`hxcd the seal of CERTIFICATE OF RECORD Court Court rt on date Indicated hereon. the State of Arkansas SS v City of Fayetteville Alma KollmeYef Circuit Clerk and I, Suzanne C. McWethy, City Clerk and Exglticio Recorder Ex-Officio recorder for the City of Fayetteville, do hereby certify that the annexed or fore- going is of record in my office and the came ap- pears in Ordinance & Resolution book X X at page 33 Witness my hand enol seal ttus I LX .lay of _ 6 Z �e h.� Cgadlc Lxd9fficio ;Recorder ;RDINAtIZE NO. 3439. I N ORDINANCE ORDER=THE , RAZING AND $TATE of ARKANSAS REM 1 JS REMOVAL OF " AN UN- 88. - 'SAFE STRUCTURE - LO- County Of Washington ' CATED " AT -515 LYTTON AVENUE ALSO KNOWN AS LOT 16, FAIRLAND ADDI- TION' TO THE CITY OF FAY E T. T E V I LCE . I, - •K.C ,L if - (210" � hereby certify that I ARKANSAS:,,, •S1:i19'^' am the publisher of ENORTHWEST AR NSASTIMES, a daily newspaper `. WHEREAS, r of h real having a second class mailing privilege, and being not less than four pages of + .,,W Is the owner of the real g g P g g property described In Exnlb- five columns each, published at a fixed place of business and at a fixed (daily) _ n !•A attached hereto .and intervals continuously in the City of Fayetteville, County of Washington, Arkansas Made apart hereof; and • - j. ,WHEREAS, the Board of for more than a period of twelve months, circulated and distributed from an •Dlrecton has determined established place of business to subscribers and readers generally of all classes ..that the structure located on d, In the Cit and Count for a definite rice for each co p said property Is dilapidated, Y Y P py, or a fixed rice per 'unsightly, unsafe and detri- annum, which price was fixed at what is considered the value of the publication, Mental do wel- fare; the public et- fere; and he ^ twe based u n the news value and service value it contains, that at least fifty percent b WHEREAS. �the owner of of the subscribers thereto have paid cash for their subscriptions to the newspaper said property, after having or its agents or through recognized news dealers over a period of at least six been given well over thirty days , notice • by certified months; and that the said newspaper publishes an average o1 more than forty mail, have neglected and percent news matter. 'refused to raze and remove Said unsafe structure. I i.NOW, THEREFORE.,BE I further certify that the legal notice hereto attached in the matter of IT- -ORDAINED BY THE BOARD OF DIRECTORS OF ,THE CITY OF FAYET- TEVILLE, ARKANSAS:.. ti Section 1. That EOH a. Co:; ,rape is; hereby the dil i- date ane remove fitlyand dilapi- was published In the regulardaily issue of said newspaper for dated, re to unsightly and unsafe: consecutive Insertions as follows: structure located .on the' aforesaid real : property. Seld .work shall , be com- The first insertion on the 6LSL1i da of �q menced within ten (10) days Y 19 rte--/-- ,and shall be completed within thirty (20) days from the passage ofthis ordi-. Y the . second insertion on the da of 19 , -nonce. The manner ,of removing Said structure the third Insertion on the da of shell be: dismantle by hang Y 19 'or- bulldoze and haul all debrisbytrucktoa landfill. and the fourth insertion on the daV—of-�� Section 2. If the aforesaid ,work Is not , commenced ,within 10 days or completed i ,within 20 days, the City Manager is hereby directed . cause the aforesaid strut- Sworn to and subscribed before me this dav ';of ;lure to be razed and remov- . . , •, ,ad; and, fhe.City of, Fayet. teville shall have a lien upon 'the aforesaid real property " ) I I / �� 1 ,• for the cost of razing and removing said structure.— - ' Section 3. The Board of - O E4b 1 / ;/ Directors hereby deter. Nr mines that the aforesaid un- I1 •, I' ( � i, , +; My Commission Expires: safe structure constitutes a �;•, , , , , , , , . ' `• ;conlinuing detriment to the / ) , public safety and welfare and determines that unless `J the,provisions of this 'ordi- mance are put Into effect Ilmmediately,, 'the public health, safety and welfare of ' •the people of Fayettevll Is O ,will be adversely aHettetl' O _ ' Therefore, an emergency is Fees for Priming _ S hereby declared to exist and this ordinance being neces- sary for the public health, Cost of Proof _ S safety and welfare shall be I In full force and effect from ' and after Its passage and Total approval. - PASSED AND APPROV- ED this 18th day of July, 1989. � APPROVED: By : William H. Martin - iMayor ATTEST: . By: Suzanne McWethy t: Clty Clerk _ LEGALDESCRIPTION f� FOR 515 LYTTON AVENUE Part of Lot 16 and 17, 1 Block 7 1n the FaIrland Add l- 1 tion to the City of Fayet- j teville, as recorded In Deed book 1288, pages 40-46, as per plat In the office of the Cir cult Clerk and Ex-Officlo RlicordereHice.