RESOLUTION NO. 2021-07: Condemnation 2415 Heather Lynn Lane

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Related Area: | Noise/Nuisance | | Public Safety |
Related Elkins Municipal Code (EMC):
Related Year:| 2021 |

Ordinance #: 2021-07

 

CITY OF ELKINS, WASHINGTON COUNTY, ARKANSAS

A RESOLUTION AUTHORIZING THE CITY OF ELKINS TO NOTIFY CERTAIN PROPERTY OWNERS IN ORDER TO ADDRESS UNSAFE CONDITIONS AT CERTAIN REAL PROPERTY LOCATED AT 2415 HEATHER LYNN LANE WITHIN THE CITY LIMITS OF ELKINS, ARKANSAS.

WHEREAS, certain property located at 2415 Heather Lynn Lane in the city limits of Elkins currently containing approximately a total of 0.22 acres and containing a single family dwelling (“the property”) has been identified as a threat to public health due to the fact that the windows have been broken out of the home, the grass and weeds on the lot have grown very tall, the home is now open for both people and vermin to freely enter and exit, the yards of the home are filled with debris and trash and the neighbors and city employees have observed an infestation of vermin inside and outside of the property; and

WHEREAS, the City of Elkins has attempted to notify the owners of the property who have not responded nor taken any measures to address the condition of the property so the city was forced to undertake emergency cleanup measures and to seal the windows of the property to protect the health and safety of the surrounding residents; and

WHEREAS, the city will continue to attempt contact and will notify the owners of the property of the dangerous condition of the land and that it is in violation of the ordinances and building code of the City of Elkins and if the owners should fail to clean the property and bring the property up to code, the city and City Council will commence with proceedings to take all necessary measures to address the property and obtain any and all remedies to which it is entitled, including reimbursement for any clean-up costs, a lien on the property representing that amount or condemnation of the property located at 2415 Heather Lynn Lane and those proceedings shall include the owners’ right to be heard by this City Council and to explain their side and position regarding the violations of ordinances and code prior to the City Council taking any action against the property; and

WHEREAS, the City Council for the City of Elkins has determined that it is in the vital interest of the citizens of the City of Elkins that property owners of 2415 Heather Lynn Lane be notified of this situation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elkins as follows:

Section 1. The Mayor of Elkin and his appointee(s) on behalf of the City of Elkins, Arkansas, is authorized by the City Council to take necessary action to legally notify the owners of the real property located at 2415 Heather Lynn Lane and advise them of the condition of the property and the violations and danger presented by the property and offer them the opportunity to clean and repair the property and to be heard by the City Council prior the City charging costs, filing a lien or condemning the property.

PASSED AND APPROVED this 17th day June, 2021.