Court puts owner of apartment building on notice

The city said the gas heating system at Hawkins Apartments, 827 Park Ave., has been out of service during the recent cold spell. - Photo by Richard Rasmussen of The Sentinel-Record
The city said the gas heating system at Hawkins Apartments, 827 Park Ave., has been out of service during the recent cold spell. - Photo by Richard Rasmussen of The Sentinel-Record

The city said Wednesday it may evacuate a Park Avenue apartment building a judge declared a nuisance property last week.

The temporary restraining order Division 3 Circuit Judge Lynn Williams entered enjoined the owner of Hawkins Apartments, 827 Park Ave., from maintaining the nuisance. The city's petition for abatement included a log documenting 24 calls for police service at the property since December.

"Such activity contributes to the lawlessness and deterioration of the neighborhood in and around these premises and adversely affects the use and enjoyment of the surrounding property by the adjacent neighbors and property owners," the complaint said.

Deputy Hot Springs City Attorney Terry Askew said the building's lack of heat and hot water may require the city to declare it unsafe and evacuate its 10 to 15 residents after the hearing continued from Tuesday is reconvened Nov. 22. She said the building's gas heat is out of service.

The city said it has told tenants the building may be evacuated and provided them information on services that can help them find new places to live.

"The city has some concerns about the safety and living conditions of the building," Askew said. "We want to give people enough time to find other places to live. We don't want to turn them out on the street."

Josh Hurst, attorney for building owner Autry Hawkins, said Wednesday that his client has hired a plumber who pulled a permit to repair the gas heating system. In the interim, Hurst said residents have been provided with electric heaters.

"As soon as the plumber can get out there, he's supposed to fix it," Hurst said. "I did talk with one tenant who's out there a couple of weeks ago and he was very sympathetic to Mr. Autry and in support of him and complimentary of the way he's handled it."

Hurst said Hawkins expected to have the gas heat working again before the Nov. 22 hearing.

Hawkins pleaded no contest last month to 18 violations of the city's property maintenance code, including nine counts of improper water heating facilities and nine counts of improper mechanical appliances. City code requires landlords to provide heating capable of maintaining a minimum temperature of 65 degrees.

Property records didn't list Hawkins as the owner, but the city said he recently bought the building on contract.

The police call log attached to the city's complaint included calls for burglary, battery and illegal drug activity. One of the statutes the restraining order cited allows a property to be declared a nuisance if it has been the site of three or more criminal violations.

The order also declared the property a nuisance under the state's Drug Abatement Act, allowing the city to recover from the owner any costs it incurs abating the nuisance.

Local on 11/14/2019

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