202352010015192 Received: 3118/2010 4:27:57 PM
Recorded: 03M812010 04:31:26 PM Filed &
Recorded in official Records of PAT O'BRIEN,
ORDINANCE NO. 20,2R� LASKI COUNTY CIRCUITICOUNTY CLERK
5ees $25.00
2
3 AN ORDINANCE TO CONDEMN A CERTAIN STRUCTURE LOCATED AT
4 1601 MARTIN LUTHER KING BOULEVARD IN THE CITY OF LITTLE
5 ROCK, ARKANSAS, AS A STRUCTURAL, FIRE AND HEALTH HAZARD;
6 RATIFYING THE REMOVAL OF THE SOUTH WALL ON MARCH 12,2010;
7 PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING
8 THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY T "0
A h
9 RAZE AND REMOVE SAID STRUCTURE; DECLARING AN EMERGENC-
10 AND FOR OTHER PURPOSES. > ce
11 WHEREAS, the structure owned by Mr. Lee Anthony, located at 1601 Martin LutheIrs"
12 Boulevard, in the City of Little Rock, Arkansas, has become run-down, dilapidated, unsightly, dang'I 13 op WO
13 obnoxious, and detrimental to the public welfare of the citizens of Little Rock, despite the City's
14 continuous good-faith efforts since September 2005 to work with Mr. Anthony to rehabilitate the
15 structure; and
16 WHEREAS, the condition of this structure constitutes a serious structural, fire, and health hazard;
17 and
18 WHEREAS, the structure was further damaged by a severe storm that occurred in the City on March
19 10,2009;and
20 WHEREAS, the City retained a structural engineer to inspect the structure and received a report, that
21 the exterior walls were unstable and presented a danger to the surrounding area; and
22 WHEREAS, the south wall was immediately adjacent to an occupied residence; and
23 WHEREAS, the danger to nearby residents and homes required the City to immediately remove the
24 south wall on March 12, 2010, and to notify the property owner to either initiate within twenty-four (24)
25 hours the rehabilitation process or raze and remove the structure within seventy-two (72) hours; and
26 WHEREAS, the remainder of the structure is a public nuisance and is dangerous to the health and
27 safety of the occupants or other persons and, further, is in such condition as to be dangerous to the lives,
28 limbs, and property of people in its vicinity or those lawfully passing thereby; and
29 WHEREAS, this structure is declared a nuisance and immediate action is necessary to remedy this
30 situation, and that the structure should be rehabilitated by Mr. Anthony or razed by either Mr. Anthony or
31 the City of Little Rock.
32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
33 OF LITTLE ROCK, ARKANSAS:
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I Section 1. The Board of Directors hereby ratifies the action taken on March 12, 2010, to remove the
2 south wall of the structure located at 1601 Martin Luther King, Jr. Boulevard, Little Rock, Arkansas. The
3 Board further declares that the remainder of the structure constitutes a public nuisance. See Photographs
4 of 1601 Martin Luther King Jr. Blvd. and the letter report of professional engineer Charles D. Engstrom,
5 attached hereto and incorporated herein by reference as Exhibits "A" and `B ", respectively.
6 Section 2. On March 12, 2010 Mr. Anthony was ordered either to begin the immediate rehabilitation
7 of the structure or to raze and remove the structure within twenty -four (24) hours and to complete such
8 rehabilitation or removal within seventy -two (72) hours of the effective date of receipt of the written
9 notice attached hereto and incorporated herein as Exhibit "C."
10 Section 3. History of City's Efforts. See "Exhibit D" — Chronology of City's Actions: 1601
11 Martin Luther King, Jr., attached hereto and incorporated by reference.
12 Section 4. The condition of the structure on the above - described property has been found to present
13 structural, fire, and health hazards and is dangerous to the health safety of the occupants or other persons,
14 and further, the structure is in such condition as to be dangerous to the lives, limbs, and property of people
15 in its vicinity or those lawfully passing thereby.
16 Section 5. The City Attorney is hereby authorized to institute such proceedings against such persons
17 as may be necessary in order to enforce the provisions of this ordinance so as to remedy the unsightly and
18 dangerous conditions brought about as a result of the failure of the owner thereof to maintain this
19 property.
20 Section 6. The Department of Housing & Neighborhood Programs of the City of Little Rock is also
21 authorized to raze and remove the said structure and file and enforce a lien against the said property for
22 the cost of razing and removing the said structure pursuant to Section 20 -32 of the Little Rock Code of
23 Ordinances.
24 Section 7. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
25 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
26 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
27 effect as if the portion so declared or adjudged to be invalid or unconstitutional was not originally a part
28 of the ordinance.
29 Section 8. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent
30 with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
31 Section 9. Emergency Clause. Unless the provisions of this Ordinance are put into effect
32 immediately, the public health, safety and welfare of the citizens of Little Rock will be adversely affected;
33 therefore, an emergency is declared to exist, and this ordinance shall be in full force and effect from and
34 after its passage.
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PASSED: March 16, 2010
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, Ci ttorney
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