Message from the City Manager
A message from the City Manager regarding information about the condemnation process.
After listening and reading about the City’s recent condemnation process I would like to present a bit of information. The Board of Directors in the past and present have always worked towards “cleaning up” our town and I believe that is in response to what the people of our town want. The current board has an opportunity to make a difference and has shown the courage to make changes.
The City is working towards being more responsive to its citizens and a part of that is listening to the early efforts of the Clark County Strategic Planning Effort. The planning effort indicated to the city that a clean up effort was a high priority concern. The ideas included cleaning up major routes through town and the gateways to our city. As a result the City was offered funding from Southern Bancorp, $50,000, to accomplish the task at hand (little to no taxpayer dollars are being used). Previous boards had also adopted the concept of cleaning up our gateways. In 1999 the Disaster Recovery Program listed “seeking broad enhancement of the downtown appearance” as one of its goals, this includes Caddo Street as a gateway to downtown. In 2000 The City Board of Directors requested funding to accomplish the objectives brought forward from the 2025 Commission. The City accepted this challenge knowing that not everyone would agree. Change is difficult.
The first round of condemnations brought forward were primarily on the major routes in town with absentee landowners. The second round was on the Caddo Street gateway. The first round and second round decisions were solely based on the goals of the clean up effort. To date only three properties required the city taking action to remove unsafe conditions. The rest voluntarily removed or corrected the conditions. Taking these actions took courage from our Board Members.
As this process was unfolding staff meet with Southern Bancorp to review the process. During this meeting the topic of cleaning up our own properties, as we ask others to do the same came up. I requested funding to remove the old town hall because I knew that the Caddo Street gateway issue was at hand. It has been a goal of several Boards to remove the old town hall building, funding is the only reason it has not been removed before now. Southern offered an additional $25,000 for the removal and I accepted on behalf of the Board. I consider this to be phase I of a new fire station that will someday be built on this valuable location close to downtown and to both universities. In the mean time, staff is working to develop this site as a potential farmer’s market location. The Board is listening and taking action to improve our quality of place.
During the same meeting the issue of the old Denton Cleaners building (7th & Caddo) came up. This was an issue that had an unknown cost associated with it. The issues discussed were potential environmental issues and the cost of demolition. This was an on going issue and the city had never had the resources to address the problem, Southern Bancorp again offered another $25,000 to fund this effort and this included monies to fund an environmental study. If the city had not taken action to pass a resolution of condemnation no one knows how long we would be looking at the abandoned structure.
I do think that because of the Boards’ actions, 29 years after abandonment, this historic structure maybe saved after all. The current owner is working to abate the environmental conditions and if that issue is resolved; a buyer with a history of saving old buildings is scheduled to take ownership. Because of the Boards’ actions we may accomplish a recent goal of cleaning up our gateway to downtown and an older stated goal of “supporting the downtown economy through distinctive physical improvements”. Thank you Southern Bancorp for the funding. Thank you Board Members for having the political courage to address the issues and make a positive change in our city.
I would like to answer some frequently asked questions concerning condemnation:
Are owners notified in advance that their property is considered a nuisance?
Yes, when owners are known. Staff sends a report well in advance to the property owners to try to resolve the nuisance. A Resolution of Condemnation is the last available method for staff to have the condition corrected.
What is a resolution of condemnation?
It is the Board of Directors notification to the owner(s) that the structure is considered a nuisance and that the owner(s) have 30 days to correct the condition by removal or correction of the problems. It also tells what action the city will take to recover its costs associated with abating the nuisance.
What is a nuisance?
In this instance of condemnation it is a health, safety or general welfare concern. Some examples listed in the Arkansas State Fire Code are: fire hazards, inadequate maintenance, not secured against unauthorized entrance, danger of collapse, clear of waste or hazardous materials.
What if the owner cannot correct the condition in 30 days?
The owner(s) may present a plan to correct the conditions that must be reasonable, timely and approved by the city.
What if the owner takes no action in 30 days?
The city will correct the conditions and file a lien against the property owner(s) to recover the costs associated with correcting the nuisance.
How does the City use the funding from Southern Bancorp?
It is used as seed money and it is used as a funding stream for the removal or abatement of condemned structures. Once the costs associated with removal or abating a structure is recovered from the owner(s) the funds will be used on the next structure. These funds do not go to the owner(s).