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RES NO 12-03-2009 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. LA T 1-2009 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 917 CEDAR, 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 set forth above has been found by the Van Buren code enforcement Department to be dangerous, unsightly, unsanitary, dilapidated, obnoxious, unsafe, unfit for human habitation and /or othenvise 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 VAN BUREN, ARKANSAS, THAT: SECTION 1. The Van Buren City Council hereby finds and declares the house located at the address identified 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: Lot 8 9, block B, Creekmore subdivision in the City of Van Buren, Crawford County, Arkansas. (Parcel No. 700 -01880 -000, located at 917 cedar and owned by Louise Scroggins.) 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 S25.00 per day. Van Buren Ordinance 29 -1997. IN TESTIMONY WHEREOF, th City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (p for and 0 auainst, the foregoing Resolution at its Meeting held on the 21st day of December 2009. 4. Robert D. Freer? aye ATTESTED: APPROVED AS TO FORM: Barbie Curtis, City Clerk/Treasurer N. Donald City Attorney