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17955• • 0 rn 1 ORDINANCE NO. 17,955 a 2 1 3 AN ORDINANCE TO CONDEMN CERTAIN STRUCTURES 4 IN THE CITY OF LITTLE ROCK, ARKANSAS, DAMAGED IN 98 6 THE JANUARY 21, 1999, TORNADO, AS STRUCTURAL, -T 6 FIRE AND HEALTH HAZARDS; TO PROVIDE FOR SUMMARY ABATEMENT ACTIONS AS NECESSARY TO C7 7 9 RAZE AND REMOVE THESE STRUCTURES; TO DECLARE 9 AN EMERGENCY, AND FOR OTHER PURPOSES. e to 11 WHEREAS, the January 21, 1999, tornado severely damaged 78 different structures and 12 rendered them structural, fire and health hazards, and (n 13 WHEREAS, the condition of these structures pose a serious hazard to the public health, 14 safety and welfare, and 0 R 16 WHEREAS, such structures are a public nuisance and are dangerous to the health and % 16 safety of occupants or other persons, and further are in such a condition as to be dangerous to a 17 the lives, limbs and property or the people in the vicinity of these structures, those lawfully d 18 passing by, or City workers and others involved in the rehabilitation of the part of the City 19 damaged by the January 21, 1999, tornado, and 20 WHEREAS, such structures are declared a nuisance and immediate action is necessary 21 to remedy these situations so that the buildings are promptly rehabilitated by the owners, or 22 are razed by the owners, or are razed and removed by the City, 23 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 24 THE CITY OF LITTLE ROCK, ARKANSAS: 26 Section 1. The Board of Directors hereby declares that the structures listed on r, 26 attached Exhibit A to this ordinance constitute public nuisances. The owners of these properties a u 4o O 27 are hereby ordered either to begin rehabilitation by promptly contacting the Department of 28 Housing & Neighborhood Programs in accordance with the specific notices sent to them, and to 29 enter into an agreement to provide for the prompt rehabilitation of the structures, or to raze and 3o remove the structures within twenty four (24) hours, and to complete such removal within 31 32 33 34 36 seventy two (72) hours of the time set forth in the notice provisions, or the effective date of this ordinance, whichever is later. While not required by law to do so, the Department of Housing & Neighborhood Programs will immediately attempt to notify the owners of the property listed below of the passage of this ordinance, by certified mail or by personal service, and shall post the property with notice of the pending demolition. - 1 - • 0 0 t Section 2. The conditions of the structures listed on Exhibit A have been found to 2 present structural, fire and health hazards and are dangerous to the health and safety of the 3 occupants, or of other persons, and further, such structures are in such condition as to be 4 dangerous to the lives, limbs and property of people in their vicinity, or to those persons lawfully 99 6 passing by any of the structures. 6 Section 3. The City Attorney is hereby authorized to institute such proceedings v against such persons as may be necessary in order to enforce the provisions of this ordinance s so as to remedy the unsightly and dangerous conditions brought about as a result of the tornado 9 of January 21, 1999, and the current inability of the owners to maintain this property in 10 accordance with applicable City codes ii Section 4. The Department of Housing & Neighborhood Programs is authorized to 12 raze and remove said buildings, to file and enforce a lien against the property for the cost of 13 razing and removing the structure pursuant to Little Rock, Ark., Rev. Code § 20 -32 (1988), if 14 these sums are not properly paid by the owner, or if the City is not reimbursed by the 16 appropriate governmental agency without a demand that such alien be filed. 16 Section 5. Although City staff have inspected the structures listed on Exhibit A and 17 do not believe that any structure can be rehabilitated, the City also recognizes that the January is 21, 1999, tornado has led to this action without fault to the owners of these structures, and 19 therefore, the City wishes to give these owners an additional opportunity to rehabilitate any 20 structure owned by them. Because a special notice to this effect has been sent to the owners at 21 the last known address, it is possible that a particular property might be removed from this list 22 at the owner's request. The Board expressly notes that such action can be administratively 23 decided by the Department of Housing & Neighborhood Programs, provided that a resolution 24 is presented to this Board for adoption at the next regularly scheduled Board meeting which 26 removes the structure from the list to be demolished and, provided further, that such action can 26 be taken without unnecessary or substantial risk to the public health, safety and welfare of any 27 persons living, working, or traveling in the area of such structure. 26 Section 6. Seuerability. In the event any title, subtitle, section, subsection, 29 subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance so is declared to adjudged to be invalid or unconstitutional, such declaration or adjudication shall 31 not affect the remaining portions of this ordinance which shall remain in full force and effect as 32 if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this 33 ordinance. -2- 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 27 28 29 3o 31 32 Section 7. Repealer. All ordinances, resolutions, or regulations, or any parts of such documents, which are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. Section 8. Emergency. The January 21, 1999, tornado devastated portions of the downtown area and did extensive damage to the properties listed on Exhibit A of this ordinance. This damage presents a public health and safety hazard and the immediate removal of these structures is essential to protect the public health, safety and welfare. An emergency is, therefore, declared to exist and this ordinance shall be in full force and effect from and after the date of its passage. PASSED: March 9, 1999 ATTEST: APPROVED: Robbie Hancock, City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, Ci Attorney -3- Jim a' ey, Mayor i 100 • - 3/4# STRUCTURES DESTROYED BY JANUARY 21, 1999 TORNADO #. ADD. # ADDRESS HISTORIC DIST DEMO INSURANCE 1 3249 BATTERY X YES 2 r 3304 BATTERY X YES 3 3305 BATTERY X YES 4 3320 1BATTERY X YES 5 3401 IBATTERY X UNDETERMINED 6 3405 BATTERY X YES 7 3424 BATTERY X YES 8 3105 BISHOP X NO 9 3106 BISHOP X YES 10 2100 CENTER MANSION AREA UNDETERMINED 11 2412 CHESTER X NO 12 2413 CHESTER X UNDETERMINED 13 2424 ICHESTER X NO 14 2500 ICHESTER X YES 15 2505 ICHESTER X UNDETERMINED 16 2524 ICHESTER X UNDETERMINED 17 605 ICOLLEGE X UNDETERMINED 18 1419 ICOMMERCE X NO 19 1512 ICOMMERCE X UNDETERMINED 20 2722 ICROSS X YES 21 1523 ICUMBERLAND X UNDETERMINED 22 2222 IGAINES MANSION AREA X UNDETERMINED 23 2223 IGAINES MANSION AREA X UNDETERMINED 24 2404 IGAINES X UNDETERMINED 25 622 1HANGER X YES 26 2406 JIZARD X NO 27 1819 JLOUISIANA MANSION AREA X YES 28 1917 ILOUISIANA MANSION AREA X UNDETERMINED 29 3115 IMARSHALL X YES 30 3200 MARSHALL X NO 31 3206 MARSHALL X YES 3 2 3210 MARSHALL X YES 101 • 3/4/96 33 3214 MARSHALL X UNDETERMINED 34 2924 MLK X COMM UNDETERMINED 35 2907 MLK X UNDETERMINED 36 2922 MLK X NO 37 -3000 MLK X NO 1 38 3004 JMLK X UNDETERMINED 39 3010 JMLK X NO 40 3018 IMLK X NO 41 3024 IMLK X YES 42 3100 IMLK X NO 43 3119 MLK X UNDETERMINED 44 3205 MLK X NO 45 2411 PULASKI X NO 46 2415 PULASKI X NO 47 1409 ROCK MACARTHUR PARK X I NO 48 1414 ROCK MACARTHUR PARK X YES 49 1415 IROCK MACARTHUR PARK X UNDETERMINED 50 1504 IROCK X NO 51 1510 IROCK X YES 52 1516 ISCOTT MANSION AREA X NO 53 301 ISHALL X UNDETERMINED 54 2112 SPRING MANSION AREA X YES 55 901 WELCH X UNDETERMINED 56 3404 WHITMORE CIRCLE X I UNDETERMINED 57 3201 WOLFE X I NO 58 3216 WOLFE X I UNDETERMINED 59 3300 IWOLFE X YES 60 1301 IE. 2ND ST. X COMM UNDETERMINED 61 1023 E. 8TH ST. X NO 62 1102 E. 8TH ST. X NO 63 919 E. 9TH ST. X UNDETERMINED 64 1012 E. 9TH ST, X NO 65 1016 E. 9TH ST. X UNDETERMINED 66 407 E. 14TH ST. MACARTHUR PARK X UNDETERMINED 67 408 E. 15TH ST. MACARTHUR PARK X UNDETERMINED 68 215 E. 17TH ST. I MANSION AREA X UNDETERMINED 102 • 3/4/9 69 913 IW. 24TH ST. X YES 70 1101 W. 24TH ST. X UNDETERMINED 71 1201 JW. 28TH ST. X UNDETERMINED 72 1218 JW. 28TH ST. X YES 73 -6818 IMURRAY X COMM UNDETERMINED 74 3943 IWOODDALE X I YES 75 3201 JW. 65TH ST. X COMM UNDETERMINED 4 COMMERCIAL 71 RESIDENTIAL $03