The city will likely have to invoke one of its property maintenance code ordinances in order to remove two trees that toppled onto a house and damaged a sidewalk during a storm last year, City Attorney Brian Albright says.
"It's my understanding it (the home) is in a foreclosure action with US Bank and we're trying to get them notified to do something about it, but it's problematic," he said.
He said the city would use its premises ordinance to gain entrance to the property, similar to when it cleans up an overgrown property.
"It's my understanding we'll pay for the removal of the trees and we'll file a lien against the property in the same way we would for a weedy lot," he said.
Albright said he has not inspected the house, but it appears that the roof has been damaged and is allowing rain water to enter the building.
"It's private property and we couldn't go in. Apparently no one is going to take responsibility for it, so we're going to clean it up and file a lien on the property," he said.
The condition of the home, while unsightly, doesn't appear to be creating a hazard for neighbors, but is likely creating more problems for the house itself.
Mike Scott, the city's chief building official, said the trees fell in a storm that came through the area late last year, and it will cost the city about $5,000 to remove. Then the roof will have to be repaired, which could cost at least another $3,000.
"That's about $8,000 coming out of my department's budget that we normally use in the summer months to mow overgrown lots, so it's going to be tough this summer," he said.
The applicable city ordinance says that "if the owner or person responsible for a lot or parcel of property within the city, after being giving a written seven day notice to comply, shall refuse or neglect to perform the duties in connection with his or their property as specified in said notice, the city is hereby authorized to enter upon said property and have said violation or violations removed."
The ordinance states that the cost incurred by the city in removing the violation "shall be charged against the property and shall constitute a lien thereon.
In addition, the ordinance states that "in cases where the owner of a lot is unknown or his/her whereabouts is not known or he/she is a nonresident of the state of Arkansas, a copy of the written notice herein referred to shall be posted upon the premises and, before any action to remove the violations or enforce such lien shall be had, the city shall prepare an affidavit setting out the facts as to the unknown address or whereabouts of the nonresident, and shall notify the defendant by registered letter addressed to the defendant's last known address."
Local on 03/07/2016