FARMINGTON -- City Attorney Steve Tennant addressed Farmington City Council members last week about concerns expressed by local residents about two properties on Double Springs Road.
Tennant assured neighbors that city staff have been on top of the problems and are doing what they can to solve the issues.
In other business, City Council members:
- Approved a request to purchase a traffic controller cabinet for almost $15,000 to replace an existing cabinet at Main Street and Grace Lane that was hit and damaged by an uninsured driver.
- Appointed Howard Carter to fill a vacancy on Farmington Planning Commission and reappointed members Gerry Harris, Matt Hutcherson and chairman Robert Mann.
- Renewed an annual contract with Earthplan Design Alternatives to provide services for the city’s storm water program. The contract states that billable hours and expenses for 2017 shall not exceed $10,000.
"We certainly do understand everyone's concerns but we have statutory guidelines we have to deal with," Tennant said.
Four neighbors near the properties mailed out letters this month to Mayor Ernie Penn and City Council members about their concerns. The letter is signed by LaDeana Mullinix, Leon and Daisy Glenn on Kimberly Lane and Sarah Thompson on Wolfe Lane.
"For months, we have voiced our concerns about the decline of this area, in particular, the properties of 89 and 97 N. Double Springs Road," the letter states.
The residents said the structure at 89 Double Springs Road was damaged by fire last summer. It is uninhabitable but is still standing and is a "breeding ground for gnats, rats and other vermin feeding off of soggy, rotting trash."
The concerns about the residence at 97 N. Double Springs Road are that neighbors are "bombarded by sounds of fights" and other "questionable comings and goings," the letter states.
"These properties are a block away from our elementary, middle and high schools. Children and their families pass these decrepit properties daily. We want to keep the neighborhood safe and pleasant for all residents of Farmington," the letter says.
Tennant said the burned house at 89 Double Springs Road is owned by Billy McCormick but he has not been able to find McCormick.
City ordinance 11.04.04 covering unsafe structures and equipment gives the city authority to declare a building unsafe and illegal if it meets certain conditions. The ordinance requires the city to give a written notice that allows the property owner or the one in charge to have 30 days to either get a building permit to make repairs or to demolish and remove the building.
City Building Official Rick Bramall sent a certified letter condemning the property to McCormick on Nov. 6, 2016. The letter was returned to the city a month later and Bramall posted the letter on the house on Dec. 7, 2016.
In following state and local laws, the city has to prove it has made every conceivable effort to contact property owners, Tennant told City Council members and the neighbors attending the Council meeting. "It's called due process."
Now that a letter has been posted on the structure, Tennant said he would draft an ordinance condemning the house.
"I can present an ordinance to the City Council and we tear it down and file a lien against the property," Tennant told aldermen, adding he would bring such an ordinance to the Council's February meeting.
Tennant said it could cost $5,000-$10,000 to demolish the house and there is no guarantee the city will be reimbursed for its expenses.
"It's nasty," Penn said. "We need to take care of it."
Tennant said he is following a state law to address concerns for the house at 97 N. Double Springs Road.
Arkansas Code Annotated 14-54-1502 says a city can declare a property as a common nuisance. This law states a common nuisance is conduct "within a municipality that unreasonably interferes with the use and enjoyment of lands of another, including conduct on property which disturbs the peaceful, quiet and undisturbed use and enjoyment of nearby property."
The statute says a property can be declared a common nuisance if it has any three separate district court convictions of health and safety code violations within a one-year period.
Bramall issued his first verbal warning for the property at 97 Double Springs Road on Dec. 9, 2015, for unsightly conditions and inoperable vehicles. The first violation notice was issued in January 2016. Since then, property owners have been found guilty twice in district court for unsightly conditions and inoperable vehicles, one conviction in June and a second one in July of last summer.
A third violation notice was issued Oct. 11, 2016, and this violation is scheduled for a bench trial in February.
If the property receives a third conviction, Tennant said he would seek an injunction against the property.
Tennant said the city has documented its case against 97 N. Double Springs Road with photos and other information that has been passed on to the city prosecuting attorney. Farmington police also has responded to calls at the address.
"I will pursue every conceivable action against these people to get their attention," he said. "It's clearly a violation of our building codes."
After Tennant finished speaking, Karen Takemonto of Wolf Lane expressed her appreciation to the city for its efforts to address the neighbors' concerns.
"It's clear a lot of work has been done," Takemonto said. "We weren't sure. When you see it everyday and it's getting worse, it doesn't seem like anything is being done. That's why we sent the letter."
General News on 01/18/2017