HomeMy WebLinkAbout2012-01-02-R BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE,
ARKANSAS
RESOLUTION NUMBER: a2-
A RESOLUTION CONDEMNING THE STRUCTURE DESCRIBED
HEREIN, DECLARING A NUISANCE AND FOR OTHER PURPOSES.
WHEREAS, Section 11.12.01 et seq of the Batesville Municipal Code provides for
condemnation of buildings, houses, and other structures under certain circumstances and;
WHEREAS, the building described herein has been examined by the City Council and
Code Enforcement Officer because of the disrepair of the structure, and;
WHEREAS, the structure has the following deficiencies:
1. Major structural components, or parts thereof, such as the doors, windows,
and walls are missing or damaged;
2. The structure has been left unlocked, unattended, and vacant;
3. The structure is not under active repair;
4. The structure is not being used as an accessory building or out building;
WHEREAS, the property is located at 149 E. Pine Street and owned by Arthur and
Oval Burwell both deceased and in care of the State of Arkansas Land Commissioner
constitutes a hazard to the public health, safety, and welfare.
NOW BE IT RESOLVED, that the owner of said property was notified or attempted
to be notified at least twenty (20) days prior to the public hearing as provided in Section
11.12.03 and 11.12.04 of the Batesville Municipal Code.
BE IT FURTHER RESOLVED that if the building and or structure constituting a
nuisance has not been torn down and removed or said nuisance otherwise abated within
thirty (30) days after posting the true copy of the resolution at a conspicuous place on
said house, building, and or structure constituting the nuisance, it will be torn down and
or removed by the Code Enforcement Officer or his duly designated representative at the
discretion of the City Council as provided in Section 11.12,.05 of the Batesville Municipal
Code.
IT IS SO RESOLVED, THIS 24" DAY OF JANUARY 2012.
DENI E JOHN ON, CLERK RICK ELUMBAUGH, MOOR
CODE ENFORCEMENT
500 E.Main St.
• s Batesville,AR 72501
(870)698-2400
(870)698-2408 Fax
FINAL NOTICE
November 28, 2011
STATE LAND COMMISIONER
109 STATE CAPITOL BLDG.
LITTLE ROCK, AR 72201
PROPERTY: 149 PINE, PROPERTY ID 27440,PARCEL 1103112000,
MAXFEILD WEST BLOCK 022
M VIOLATION: SUBSTANDARD STRUCTURE
This notiO is to inform you that you are in violation of ordinance 11.12.01 Existence of
nuisance ,unlawful, Definition of. That it shall be and it is hereby declared to be unlawful for any
person or'persons,partnership, corporation or association, to own, keep or maintain any house,
building and/or structure within the corporate limits of the City of Batesville,Arkansas, which
constitutes a nuisance and which is found and declared to be a nuisance by resolution of the City
Council. (1) Major structural components of the structure are missing such as doors, windows,
walls or roof; (2) The structure is left unlocked, unattended and vacant; (3) The structure is not
being built or under active repair; or (4) The structure is not an out building, an accessory
building or used for storage. (Ord. No. 90-8-1, Sec. 2)
THE STRUCTURE IS UNLOCKED AND VACANT, AND HAS SUFFERED FIRE DAMAGE
ON THE INTERIOR THEREFORE A PUBLIC HEARING FOR CONDEMNATION OF THE
STRUCTURE IS SET FOR JANUARY 24, 2012
If you have any questions, please contact City Hall at 870-698-2456.
City of Batesville Code Enforcement Office
CERTIFICATE
File No.: 2011-0401
City of Batesville November 10, 2011 @ 8:00 a.m.
Code Enforcement
RE_ Arthur G.Burwell,deceased and Oval B. Burwell, deceased, husband and wife
Legal description:
A part of Lot 8 in Block 22, Maxfield's Western Addition to the City of
Batesville, Arkansas, described as follows: Beginning at the intersection
of Bayou and Pine Streets on the West side of Bayou Street and the North
side of Pine Street, and run along the line of Pine Street 113 feet to the
Point of Beginning description of this conveyance; thence at right angles
with Pine Street and parallel with Bayou Street 75 feet to a point on line
dividing Lots 7 and 8 in said Block 22; thence in a Southwesterly direction
57 feet to a point dividing line between Lots 1 and 8; thence on said
dividing line between Lots 1 and 8, 75 feet to the line of Pine Street; thence
in a Northeasterly direction along the North line of Pine Street 57 feet, more
or less,to the Point of Beginning of this description, being a plot fronting
on Pine Street 57 feet and a depth of 75 feet off the Southwest end of Lot 8
in said Block 22.
by virtue of that certain deed from Arthur G. Burwell and Oval B. Burwell, husband and
wife and Patsy Tate, a single person to Arthur G. Burwell and Oval B. Burwell, husband
and wife dated 1/14/2000 and recorded 1/14/2000 in the office of Circuit Clerk in the
County of Independence, State of Arkansas, in Deed Record Book "V-16" page 323 at
11:15 a.m.
I hereby certify that I have made a search of the records in the office of the Circuit Clerk of
Independence County, Arkansas, relative to the above described real estate, dating from January
14, 2000 and find only the following:
1. Warranty deed from Arthur G. Burwell and Oval B. Burwell, husband
and wife and Patsy Tate, a single person to Arthur G. Burwell and Oval
B. Burwell, husband and wife dated 1/14/2000 and recorded 1/14/2000 in
deed record book"V-16" page 323.
2. Lien certificate in favor of the City of Batesville dated 11/26/2008 and
recorded 12/04/2008 in lien record book "2008" page 1339, in the
original amount of$756.22.
3. Lien certificate in favor of the City of Batesville dated 12/16/2009 and
recorded 12/17/2009 in lien record book "2009" page 1558, in the
original amount of$1094.80.
4. Lien certificate in favor of the City of Batesville dated 10/29/2010 and
recorded 11/02/2010 in lien record book "2010" page 1381, in the
original amount of$2551.50.
5. Tax forfeiture from Independence County to the State of Arkansas
recorded 4/29/2010 in deed record book "2010" page 1956 for the years
2007 and 2008.
6. Correction certificated of the County Collector dated 11/08/2010 and
recorded 12/20/2010 in deed record book"2010" page 6519, in the
amount of$2,551.50.
Others: Arthur G. Burwell died 6/21/2006 and Bitha Oval Clark Burwell died 6/07/2004.
Taxes for 2009 and 2010, Parcel#11-03112-000 are now delinquent and the 2011 taxes will
(W become due March 1, 2012.
Judgments, Lis Pendens, and Mechanic's and Laborer's Liens: None
Abstracter, Batesville Title Services
LIEN CERTIFICATE
COMES THE CITY OF BATESVILLE (THE CITY)AND STATES:
THAT pursuant to the provisions of Ordinance No. 04-7-3,the City did on or about
8/27/08,and_9/1.8/_08_incur costs in the amount of$756.22 for materials and labor in razing and
removing of yard waste and or debris located at 149 E. Pine Street approximately, owned by
Arthur G. Burwell.
THAT the attached statement of costs is true and correct and that there is now due and
owing to the CITY after allowing all credits, the sum of$756.22.
THAT said removing of yard waste and or debris was accomplished by the CITY for
said owner upon the following described real property situated in Batesville, Independence
County,Arkansas, to wit:
Property ID: 27440
Parcel 1103112000
Location 149 E. Pine Street
Legal Maxfield West, Block 022,West 57' of Lot 8.
THAT pursuant to Ordinance No. 93-11-2, and Ark. Code Ann. 14-54-903 and 14-54-
904, the CITY claims a lien on the property described aforesaid to secure said sum of$756.22.
PREPARED BY:
CITY OF BATESVILLE, ARKANSAS
500 E. MAIN STREET
BATESVILLE, AR 72501
BY:
Denise M. Johnston, City Clerk
ACKNOWLEDGMENT
STATE OF ARKANSAS )
SS.
COUNTY OF INDEPENDENCE)
On this 26th day of November, 2008, before the undersigned, a Notary Public, duly
commissioned and acting, appeared in person the within named DENISE M. JOHNSTON,to me
personally known as the City Clerk of the City of Batesville, Arkansas, and stated that the facts
contained in the above and foregoing instrument were correct to the best of her information,
knowledge and belief.
NOTARY PUBLIC
My Commission Expires:
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,;SENDER: COMPLETE TiW&SECTION COMPLETE-THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Sig9pture
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you, B. Received by(Wed ed N e) C. Date of Delivery
■ Attach this card to the back of the mailpiece, �/�
or on the front if space permits. G�7 " k,
D. Is delivery address different from item 1? 13 Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
3, Service Type
❑Certified Mail ❑Express Mail
❑ Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from service label) 7008 1830 0000 9341 0664
PS Form 3811, February 2004 Domestic Return Receipt ' 102595-02-M-15401
PUBHEARING 'Cord Co., Inc.
The Batesville City Council willll conduct a public hearing to consider the
condemnation of a structure located at 149 East Pine Street on Tuesday, CESVILLE DAILY GUARD
January 24, 2012 at 5:30 PM at Batesville Ci Hall. Property:pe rty: State of IX 2036
Arkansas, 149 E. Pine, Maxfield West Block 022, property ID M40,,'parcel NSAS 72503
1103112000.
I —--
PROOF OF PUBLICATION STATE OF ARKANSAS, AFFIDAVIT
ADVERTISEMENTSS.
County of Independence
I,Pat Jones,hereby certify that I am the manager of the BATESVILLE DAILY GUARD,a newspaper pub-
lished at regular intervals,Monday through Friday,continuously at Batesville,Independence County,Arkansas,
for more than a period of twelve months,circulated and distributed from an established place of business to sub-
scribers and readers generally of all classes in the City and County for a definite price for each copy,or a fixed
price per annum,which price was fixed at what is considered the value of the publication,based upon the news
value and service value it contains;that at least fifty percent of the subscribers thereto have paid cash for their
subscription to the newspaper or its agents or through recognized news dealers over a period of at least six
months;and that the said newspaper publishes an average of more than forty percent news matter.
I fu they certify that the legal notice hereto attached was published in said newspaper for
consecutive insertions as follows:
The trst insertion on thef't/ day of V 20 the second insertion on the
day of �1t�._ , 20 , the th' 6 insertion on the day of
,20 ,the fourth insertion on the day of 20
the fifth insertion on the day of 20 , the sixth insertion on the
day of , 20 , the seventh insertion on the day of
, 20 the eighth insertion on th ay of , 20
the ninth insertion on the day of and the to h insertion on
OFFICIAL SEAL the day of 20
Dottie .�. Dodson
NOTARY PUBLIC-Ar's
AS
MY COtvfM S pNp�RSworn to and subscribed before me this �' day of 20
ID#12350374 016 V.j V1 I
My commission expires: n) _
Publication fees,$ Gl C) Received payment 20
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