Resolutions

Resolution No. 2018-01

RESOLUTION NO. 2018-01

A RESOLUTION TO DECLARE 2040 S. HARRIS DRIVE IN ELKINS A PUBLIC NUISANCE AND NOTICE/WARNING THAT A RESOLUTION CONDEMNING THE PROPERTY MAY BE ENTERED IF REPAIRS ARE NOT INITIATED AND COMPLETED.

WHEREAS, the property located at 2040 S. Harris Drive and owned by Gerald W. Carter a/k/a Gerald W. Ahart and Donna J. Carter, husband and wife, has deteriorated in the following specifics which can be viewed from the street/edge of property:

 -- Roof on front of house is galling in, appears to have substatntial leakage to interior;

-- Front porch is falling in and appears to have partial structural failure; and

-- A portion of the residence or an addition thereto has collapsed (roof/exterior wall(s)).

WHEREAS, The City Inspector has attempted to contact the occupants to inspect the premised further, however, the prescence of locked fencing/gates and the prescence of several dogs has prevented entrance to the structure;

WHEREAS, the one City employee who has seen the interior or the residence several years ago, observed poultry moving about inside and does not believe the condition has improved in the interim;

WHEREAS, the City Inspector has attempted to notify the above-named owners by sending Certified Mail, addressee or addressee's agent only, and by first class mail (both with postage prepaid) addressed to the owners at the mailing address listed with the Washinton County Assessor's office pursuant to ACA 14-54-903 (c) (6) (B) and at a PO Box alleged to be the owners' mailing address, none of the letters sent first class postage have been returned and neither the certified mail nor the return receipt cards have been returned.

WHEREAS, a resident of the property at 2040 S. Harris Drive has contacted a member of the City Council seeking information on what needs to be done to the structure as a result of the City's letter.

WHEREAS, The City inspector can determine from observation of the exterior that there is every indication that the structure has deteriorated to the point where it constitutes a danger to occupants and therefore is a nuisance.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ELKINS, ARKANSAS, That:

Section 1: The residence at 2040 S. Harris Drive, Elkins, AR, (the legal description of the Property is at Exhibit A hereto and it is Parcel Number 745-00370-000) is hereby declared to be a NUISANCE and the owners thereof, Gerald W. Carter a/k/a Gerald W. Ahart and Donna J. Carter, husband and wife, are hereby directed to contact the City Inspector, 479-643-3400, to make arrangments for and obtain necessary permits to make the needed repairs to the structure no later than noon on Friday, February 24, 2018.

Section 2: That failure of the owners of this property to either obtain the necessary permits or to commence repairs to the structure within ten (10) days of obtaining the necessary permits may result in the City Council condemning the residence and ordering its demolition and/or removal.

Section 3:  If there are any lien holders or mortgage holders of the property, the owners shall, no later than 01/31/2018, provide the names, mailing addresses and contact information of each to the City Inspector.

PASSED AND APPROVED this 18th day of January, 2018

L. Bruce Ledford, Mayor _______________________________

ATTEST:

Delia Foster, City Clerk-Treasurer______________________________

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