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HomeMy WebLinkAboutOrdinance 3450 FILED FOR RECORD ' 89 NUU 29 PSI 4 27 ORDINANCE NO . 3450 WASHINGTON CO AR AN ORDINANCE ORDERING AN ABATEMENT OF MUMMER CONDITIONS AND THE RAZING AND REMOVAL OF AN UNSAFE STRUCTURE LOCATED AT 411 SOUTH LOCUST AVENUE . h.UCROFILMED WHEREAS , Eoff & Company , 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 ;x, THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Eoff & Company , 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 21 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 5th day of September 1989 . APPROVED' F p F T By : Lt/!!/!moi//. r 4b ;"• �' , , 4F Mayor �k ff$ERlr 'hYPRGEOOJ " EXHIBIT A" LEGAL DESCRIPTION Lots 4 and 5 in Block 11 of Fergusons Addition in Fayetteville , Washington County , Arkansas , as per plat of said addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . . • _ .. ill . . , . .. 4 .y,q P,a um 1341 PAGE 084 L Alma Kopmeyer, Circuit Clerk end fx-OMCio Recorder for waahinpton County Arkontos, do hereby certify shot this tn- etrumeld was filed for record in my ofam ce Indicated hereon and the acme Is noir Y recorded with the ockrwwledpeaoy f and certificate thereon In Record gook and PEpe ee Indicated thereon. 1N WitNESS WHEREOF. 1 hove hereunto net my hand and affixed the seal of sold Court on Me dote indicated hereon. Alma Kolimmin r Ckult Clerk and &"Nldo Re niM by CLTa ECATE OF RECORD state of Arlaan`rtSS `< :,: of Fay=;tt2ville Clerk and Ex' rlhomas, City Cety of g;rrry the Fliticlo recorder for Certify that the 1 vedteville, do hereby in my axed or fore oink is °f appears in and th ° same at office Resolution book haiand Crclenance & �1Vitness 7nY nage_ ( 3 ' day of — goal this _.& Cliy �Irry a�, Cx-S>1i:��o • - si. r r We j,}° ORDINANCE NO. 3450 STATE of ARKANSAS AN ORDINANCE ORDER- 1i ., INGAN ABATEMENT OF 99. ;UNSIGHTLY CONDITIONS ` County of Washington 'AND•"THE" RAZING AND �REMOVAL " OF ' AN UN- SAFE tUCTURE LO- T,iAll SOUTH N- SAFESTRUCTURE ' LO- T_( 411SOUTH hereby certify that I LOCUST AVENUE "> am the publisher of E NORTHWEST ARKAN S TIMES, a daily newspaper p WHEREAS, Eoff a Com- havinga second class mailingprivilege. and beingnot less than four pages of real - propertyry desc Irbed In-. five columns each, published at a fixed place of business and at a fixed (daily) Exhibit "A".attached hereto Intervals continuously in the City of Fayetteville, County of Washington, Arkansas and made a part hereof: and WHEREAS, the .Board of for more than a period of twelve months, circulated and distributed from an �Directon has determined established place of business to subscribers and readers generally of all classes ,that the structure located on in the Cit and Count for a definite rice for each co p p -said property is dilapidated, Y Y P copy, or a fixed rice per :unsightly, unsafe and detri. annum, which price was fixed at what is considered the value of the publication, jmental to the pupuc;;wal--• based upon the news value and service value it contains, that at least fifty percent ;fare: and rrf";"IC';^'a'xI :'I, 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, thlrty days' notice, by ' certified months; and that the said newspaper publishes an average of more than forty mall, have - neglected and percent news matter. 'refused to raze and remove Said unsafe structure. "' . 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: ' .C'" + _-�p� � , ;+Section -l:oThe' 'j hereby _Company. " Inc:, '.Isj ordered to raze'and remove was published In the regular daily issue of said newspaper for the dilapidated, unsightly and unsafe structure located consecutive insertions as follows: on the aforesaid real proper - ty._Said work shall be com The first Insertion on theC2 � q menced within ten (10) days day OI 19 and .shall, be completed. within thirty (30) days from the second Insertion on the day of 19 the passage . of , this crdi- hence. The manner' 't of . removing said ' structure the third insertion on the da of 19 shall be: dismantle by band Y °or' bulldoze and haul all debris by truck to a landfill. and the fourth insertion on the __ da 1 o section 2. if the aforesaid / work . Is not. commenced Within 10 days or, completed ,within. 30 .:days, . .the Clty . Manager is hereby' directed '�ll . to cause the aforesaid strut- Sworn to and subscribed before me on is c:_; X day f lure to be razed and remov- ty ' ed; and, the tevilee shall havie alien uponIJ 1- the aforesaid f e e atd real property for; thc s9f. razand ing removing said structure. ' Section 3. The Board of, Directors ' hereby - deter- Of t'V PUb�I • ' -1 - mines that the aforesaid un- safe structure constitutes a My Commission Expires: "'•, t ) �� •:• 'continuing detriment 'to the 'public safety' and" welfare . and determines that unless• the; provisions of this "a' "nance are put Into effect ' - immediately, '.the public health, Safety and welfare of the paople of Fayetteville. Wlll : be adversely affected. y /G • Therefore, an emergency is Fees for Pi inline, _ $ o hereby declared to exist and this ordinance. being necas- ' Sery' for :the public health,. Cost o1 Proof S 'safety- and welfare shall be in full force and effect from and after its passage and I Total -S .tapproval. .: . .f.;..,, PASSED AND APPRC ED this Sin day_ of 'September, 1989. • ;. ." �;:, APPROVED - 1:; By: William V. Martin - - L Mayor ATTEST . I, By: Suzanne McWethy,'. 'e• •, City Clerk "EXHIBITA" ) - LEGAL DESCRIPTION ' \ Lots S and 5 in Bleck 11 of Fergusons Addition ' 16iel; Fayetteville, - Washington' County, Arkansas, as ped';. plat of said addition on fila in. - I the Office of * the , Circuit/. . Clerk and . Ex-officio Re- corder of Washington COUW ty'Arkan"S. A