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RES NO 08-02-2011 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. Q 2011 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION DECLARING THE EXISTENCE OF A NUISANCE UPON CERTAIN REAL PROPERTY WITHIN THE CORPORATE CITY LIMITS, LOCATED AT 722 DRENNEN, FOR THE PURPOSE OF CONDEMNING SAID STRUCTURE; PROVIDING A PERIOD OF TIME FOR PROPERTY OWNER TO ABATE SAID NUISANCE; AND FOR OTHER PURPOSES. WHEREAS, the structure located at 722 Drennen, Van Buren, AR has been found by the Van Buren Code Enforcement Department to be dangerous, unsightly, unsanitary, dilapidated, obnoxious, unsafe, unfit for human habitation and /or otherwise detrimental to public welfare of Van Buren citizens in violation of Van Buren Municipal Code 11.28.01 et seq; and WHEREAS, the condition of such property, as set forth in Exhibit "A" attached hereto, constitutes a serious fire, health, and /or safety hazard to the Public and to the City of Van Buren, and unless immediate action is taken to remedy these conditions, by removing, razing and /or abating said nuisance, there is great likelihood that the surrounding property may be damaged by fire originating from such unsafe hazardous structure. Moreover since the structure is without proper sanitary facilities, and as such is unsafe and hazardous, and provides a breeding place for rats, rodents and other dangerous germ carriers of disease, it constitutes a serious hazard to the health and safety of the citizens of Van Buren, and should be moved or razed for the purpose of eliminating such hazards. The city has given proper notice in accordance with Van Buren Municipal Code 11.28.07. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1. The Van Buren City Council hereby finds and declares the house located at the address indentified herein to be dangerous, unsightly, unsanitary, dilapidated, unsafe, obnoxious, a fire hazard, and /or a menace to abutting properties, with the current condition of said structure not being fit for human habitation; and because of such conditions, the City Council hereby declares the same to be condemned as a public nuisance and is ordered to be abated, removed or razed by the owner thereof in accordance with City Ordinance and State law. SECTION 2. In accordance with Van Buren Municipal Code 11.28.08, the owner of record of the following described property is hereby directed to raze the same, or otherwise abate the above declared nuisance within thirty (30) days after the posting of a true copy of this Resolution at a conspicuous place upon the structure constituting the nuisance described herein, to -wit: Block 073, Van Buren Original subdivision in the City of Van Buren, Crawford County, Arkansas. (Parcel No. 700 00771 -000, located at 722 Drennen and owned by Barbara J. Hoblitzell /Chase Bank.) SECTION 3. If the aforementioned structure has not been razed and /or removed within thirty (30) days after posting a true copy of this resolution at a conspicuous place upon the structure constituting the nuisance, or the nuisance otherwise abated, the structure shall be torn down and /or removed by the City of Van Buren, or a duly designated representative. Each day after the aforesaid thirty (30) days in which said nuisance is not abated shall constitute a separate and distinct offense punishable by fine up to $25.00 per day. Van Buren Ordinance 29 -1997. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 5 for and O against, the foregoing Resolution at its Regular Meeting held on the 15th day of August, 2011. 40 11 O Car N Robert D. Freeman Mayor IL in 72 A ESTED: APPROVED AS TO FO a 0 4 0. Barbie Curtis Candice A. Settle City Clerk /Treasurer City Attorney VAN BURS.,. 111 South l l Street, Van Buren, AR 72956 Ph: (479) 474 -1234 Fax: (479) 474 -0203 Kenneth Bell, Chief of Police CODE ENFORCEMENT DEPARTMENT 09 -1481 July 7, 2011 Chase Bank 800 State Highway 121 Bypass Lewisville, TX 75067 LOCATION OF PROPERTY: 722 Drennen Van Buren, AR 72956 VIOLATION NOTICE Attention to any and all owners of, occupants of, heirs of, lien holders of and any other parties having any interest thereof: that this is your legal notice that this structure is deemed to be a public nuisance in violation of Van Buren Municipal Code, Title 5 Health and Sanitation, Chapter 5.04 Maintenance of Real Property for it is an unsafe and vacant structure that is not fit for human habitation. I represent the City of Van Buren Police Code Enforcement Department. Both a title search and the Crawford County Treasurer /Collector's records on the above described property indicate that you may have a legal interest in this property. This property is going to be considered for condemnation due to its current condition and this is your legal notice that a public hearing will be conducted by the City Council at the Municipal Complex, 1003 Broadway, Van Buren, on August 15, 2011 at 7:00 PM to consider condemning the above mentioned structure. Pursuant to Ark Code Ann 14- 54- 903(b) you are hereby given seven (7) days notice to remove, abate or eliminate any and all of these aforementioned conditions on this property. If you fail to remove, abate or eliminate these conditions the City of Van Buren will do whatever is necessary to correct the conditions which could include the structure being condemned pursuant to Van Buren Municipal Code, Title 5 Health and Sanitation Chapter 5.04 Maintenance of Real Property by the City Council. Should the City of Van Buren incur any costs or expenses as a result of your failure to remove, abate or eliminate the aforementioned conditions the City will seek to enforce a "clean up lien" against you as provided for by Ark Code Ann 14 -54 -903. EXLlC 1.`k If you are a lien holder you are required to comply with the requirements of Ark Code Ann 14- 54-903(c)(7)(D) by responding in writing within seven (7) business days of your receipt of this notice as to whether the owner is in default of your note or mortgage. If it becomes necessary for the City to file a lawsuit to collect on our clean -up lien, this action could result in the property being placed into foreclosure. If you wish to resolve this situation before the public hearing please contact Wesley Sandlin of the Van Buren Police Code Enforcement Department immediately at 47- 474 -1234. Sincerely, Wesley Sandlin Code Enforcement Officer ex t {v �k VAN BURL., 111 South 11 Street, Jan Buren, AR 72956 Q Li Ph: (479) 474 -1234 Fax: (479) 474 -0203 Kenneth Bell, Chief of Police CODE ENFORCEMENT DEPARTMENT 09 -1481 July 7, 2011 Barbara J. Hoblitzell 903 P Street Barling, AR 72923 LOCATION OF PROPERTY: 722 Drennen Van Buren, AR 72956 VIOLATION NOTICE Attention to any and all owners of, occupants of, heirs of, lien holders of and any other parties having any interest thereof: that this is your legal notice that this structure is deemed to be a public nuisance in violation of Van Buren Municipal Code, Title 5 Health and Sanitation, Chapter 5.04 Maintenance of Real Property for it is an unsafe and vacant structure that is not fit for human habitation. I represent the City of Van Buren Police Code Enforcement Department. Both a title search and the Crawford County Treasurer /Collector's records on the above described property indicate that you may have a legal interest in this property. This property is going to be considered for condemnation due to its current condition and this is your legal notice that a public hearing will be conducted by the City Council at the Municipal Complex, 1003 Broadway, Van Buren, on August 15, 2011 at 7:00 PM to consider condemning the above mentioned structure. Pursuant to Ark Code Ann 14- 54- 903(b) you are hereby given seven (7) days notice to remove, abate or eliminate any and all of these aforementioned conditions on this property. If you fail to remove, abate or eliminate these conditions the City of Van Buren will do whatever is necessary to correct the conditions which could include the structure being condemned pursuant to Van Buren Municipal Code, Title 5 Health and Sanitation Chapter 5.04 Maintenance of Real Property by the City Council. Should the City of Van Buren incur any costs or expenses as a result of your failure to remove, abate or eliminate the aforementioned conditions the City will seek to enforce a "clean up lien" against you as provided for by Ark Code Ann 14 -54 -901 �Y \t Y1 it e �11 If you are a lien holder yo. re required to comply with the requii ,cents of Ark Code Ann 14- 54-903(c)(7)(D) by responding in writing within seven (7) business days of your receipt of this notice as to whether the owner is in default of your note or mortgage. If it becomes necessary for the City to file a lawsuit to collect on our clean -up lien, this action could result in the property being placed into foreclosure. If you wish to resolve this situation before the public hearing please contact Wesley Sandlin of the Van Buren Police Code Enforcement Department immediately at 47- 474 -1234. Sincerely, 7 Wesley Sandlin Code Enforcement Officer