Resolutions

RESOLUTION NO. 2009-29

A RESOLUTION OF THE ELKINS CITY COUNCIL
DETERMINING AND DECLARING THAT THE TREES AT
327 N. CENTER STREET, ELKINS, AR ARE A HAZARD TO
THE HEAL TH OF THIS COMMUNITY

WHEREAS, EMC 5.04.01 et seq requires maintenance of property to protect the health
of this community.

WHEREAS, after notice if an owner of property fails to remedy the dangerous condition
the City may act to remove the hazardous condition and charge the costs of such to the owner
and claim a lien against the property itself.

WHEREAS, the owners of property situate at 327 N. Center Street, Elkins, AR, have
previously been notified that EMC 5.04.01 requires them to remedy the unsightly and unsanitary
situation existing on that property (removal of broken and fallen limbs) and said owner has failed
to act as requested.

IT IS HEREBY RESOLVED BY THE ELKINS CITY COUNCIL THAT:

SECTION 1: The real property located at 327 N. Center Street, Elkins, AR, is hereby
declared to be in violation of EMC 5.04.01 et seq due to the fallen and broken limbs overhanging
the sidewalk and public areas near the school; and it is determined the owner, Billy Jack Frost,
has been notified as required by EMC 5.04.01.

SECTION 2: The Mayor is hereby authorized to have qualified persons using their
equipment and/or vehicles enter onto said property and then remove the fallen/broken limbs and
all portions/paiis of same which have fallen/blown off and to haul such to a licensed/authorized
site. The ~ayor shall not contract with anyone to perform this service for a cost in excess of
$1500. As soon as the total costs for removal and moving and disposal of the dangerous
1 im'bs are known to the Recorder-Treasurer, she shall present a statement to the owners for those
services.

SECTION 3: If the owner fails to reimburse the City within 60 days of the mailing of
the statement by the Recorder-Treasurer, the City attorney shall prepare and file with the
Washington County Circuit Clerk a Notice of Lien and take such other actions to perfect the lien,
enforce the lien, and collect such monies as are due the City.

PASSED AND APPROVED THIS 5th DAY OF NOVEMBER 2009.