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1377 ORDINANCE NO. 1377 ( #20 - 09) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS _FOR STRUCTURAL DEFECTS DEFICIENCIES AND PUBLIC HAZARD CONDITIONS; DECLARING A N EMERGENCY; AND, FOR OTHER PURPOSES WHEREAS, the various structures and real property at the following street addresses, all located within the City limits of Jacksonville and owned by the parties stated below, constitute a health and safety hazard to the general public due to the lack of structural soundness, dilapidated facilities, and /or non - compliant conditions which exist in and about the various properties. The real properties, owners, and other interested parties of record are as follows: Property Address Property Leoal Description Record Prooerfv Ownerts) 132 Central Ave. Lot 465, Sunnyside Hills Entropy Systems, Inc. Addition to the City of Jacksonville, Arkansas Parcel No. 123- 069 -00- 468 -00 110 E. Boulevard Lot 195, Sunnyside Hills Allen J. Muzzuco Addition to the City of (Mtg.: Banker's Trust) Jacksonville, Arkansas Parcel No. 123- 069 -00- 198 -00 102 Jaxon Street Lot 48, Sunnyside Hills Alexander B. Salvador Addition to the City of (Mtg.: Midfirst Bank) Jacksonville, Arkansas Parcel No. 123- 069 -00- 051 -00 106 Jaxon Circle Lot 50, Sunnyside Hills G & K Home Solutions, LLC Addition to the City of (Mtg.: Community Bank) Jacksonville, Arkansas Parcel No. 123- 069 -00- 053 -00 101 Lakeshore Dr. Lot 1, Block 1, Robert Walter Messig and Lakeshore Subdivision to Bonita F. Douglas the City of Jacksonville (Mtg.: AFCU) Parcel No. 123-099 -00- 001 -00 704 Marion Lot 8, Lamb's First Sub., Kenneth P. Taylor and T -3 -N, R -10 -W, Jacksonville, Rose M. Taylor Pulaski County, Arkansas. Parcel No. 123- 092 -00- 010 -00 139 Pike Ave. Lot 189, Sunnyside Hills Robert L. Lewis and Addition to the City of Lendy M. Lewis Jacksonville, Arkansas (Pot. Mtg.: Bank of Parcel No. 123- 069 -00- 192 -00 America 144 Pike Ave. Lot 165, Sunnyside Hills Timothy Andrew Riddle Addition to the City of (Int. Pty.: Brandon Taylor) Jacksonville, Arkansas Parcel No. 12J- 069 -00- 168 -00 190 Pike Circle Lot 352, Sunnyside Hills Earnest Yancy and Addition to the City of Lula Yancy Jacksonville, Arkansas (Mtg.: First Arkansas) Parcel No. 123- 069 -00- 355 -00 101 Pulaski Drive Lot 366, Sunnyside Hills George Royce Addition to the City of Jacksonville, Arkansas Parcel No. 12J- 069 -00- 369 -00 ' t ORDINANCE NO. 1377 ( #20 — 09) Page Two 1300 Ray Road Part of Lot 12 of the Henry Addle Gibson Estates Addition, Jacksonville Pulaski County, Arkansas Parcel No. 123- 073 -00- 019 -00 131 Roosevelt Lot 227, Sunnyside Hills Arkansas United Inv. Addition to the City of (Lien: City) Jacksonville, Arkansas Parcel No. 123- 069 -00- 230 -00 107 Smart Street Lot 24, Dupree's Second East Wyman Gaye Addition to the City of Jacksonville, Arkansas Parcel No. 123- 071 -00 -= 024 -00 812 West Trickey Part of the W 1/2 of the SE 1 /4 Clayton Sutton of Section 30 T -3 -N, R -10 -W, Jacksonville, Pulaski County. Parcel No. 123- 080 -00- 121 -00 900 West Trickey Part of the SE 1 /4 SW 1 /4 of Section Robert 0. Phillips 30 T -3 -N, R -10 -W, Jacksonville, Madelyn C. Phillips Pulaski County, Arkansas Mtg.: Curry Trust) Parcel No. 123- 080 -00- 090 -00 (Li City) WHEREAS, despite repeated notices and demand, said property owners and /or interested parties have failed to repair their respective properties structures, and /or remove the deteriorated elements so as to eliminate public health and safety hazards and bring said properties within compliance with applicable provisions of the Jacksonville Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFJ4 ARKANSAS: SECTION ONE: In accordance with ACA §14 -56 -201 et. al. and Jacksonville Municipal Code § 8.28.010 et. seq., the above mentioned real properties listed above located at the respective property addresses as stated above, together with any structural improvements located thereon, are hereby declared to each constitute a separate nuisance to the health and safety of the citizens of Jacksonville and are hereby condemned. The City Council hereby directs the Code Enforcement Office to provide notice to the property owners and all other interested parties (mortgagors (if applicable)] that, if said structures and real property are not repaired and /or the health and safety hazards removed from said property so as to bring the properties into compliance with the provisions of Jacksonville Municipal Code within Sixty days from the date of passage of this Ordinance, the structures and improvements on said real property cited above will be cleared and razed. All structures and nuisances shall be removed so as to eliminate any health or safety hazards to the general public, and the cost for doing so shall be assessed against the owner(s) of said real property. Notwithstanding the above provision, as to the property located at 704 Marion, the Owner shall have no more than Sixty (60) days to demolish and eliminate all health and safety code hazards /violations regarding the front two (2) buildings upon the property and no more than One Hundred Eighty (180) days to bring the main structure and the property within full compliance of all Code provisions. As to the properties located at 144 Pike and 900 West Trickey, the Owner(s) /interested parties shall have no more than Ninety (90) days to eliminate all health and safety code violations upon said properties. SECTION TWO: If the City of Jacksonville is required to undertake and /or complete the necessary removal of hazardous conditions from the real properties in question, the City shall bill the record property owner(s) of the respective real property involved for collection of all reasonable costs incurred to undertake and complete the removal of said hazardous conditions on that property. Further, City 000107 ORDINANCE NO. 1377 ( #20 — 09) Page Three officials are hereby authorized to request said amounts be collected by the Pulaski County Tax Collector through a lien against said property(ies) or any other manner allowed by law should the owner(s) fail to timely pay said costs and amounts due. SECTION THREE; Should any part(s) of this Ordinance be declared invalid for any reason, no other part(s) of the Ordinance shall be affected thereby. SECTON FOUR: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION FIVE. Because passage of this Ordinance is necessary for public health, peace, and safety of the citizens of Jacksonville, an emergency is hereby declared. Thus, this Ordinance shall be in full force and effect immediately upon and after passage. APPROVED AND ADOPTED THIS JP DAY OF AUGUST, 2009. CITY OF JACKSONVILLE, ARKANSAS GARY r •, MAYOR ATTEST: mot; J,,• ^� .. SUSAN D ITT, CITY • ERK t, ;At y APPff' AS TO 1• M ROBE• E. BA t Ij ORNEY