Bella Vista Officials Eye Nuisance Structures
Ordinance Would Enable Removal
Last updated Tuesday, August 26, 2008 10:34 PM CDT in News
By Anna Fry
THE MORNING NEWS
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BELLA VISTA -- Like many Americans, Stephanie LeBouff's husband sends his son out to mow the lawn. But, it's not his own.
Stephanie LeBouff's son mows the yard of an unfinished house that sits across Cresswell Drive from the family's home. No work has been done on the house, or on another one down the street, since December, LeBouff said.
The unfinished houses have walls and roofs but are missing doors and siding.
"I think it makes our neighborhood look unattractive," said LeBouff, who isn't among those who have complained to the city.
Other residents have complained to the city about the two unfinished structures, as well as many others, Mayor Frank Anderson said. Damaged homes that aren't demolished or fixed are also a problem, he said. He estimates residents have complained to the city about 50 to 60 properties.
Alderman Arline Hutchinson said a resident has called her several times about an uninhabited house next door that was burned in a fire last November. The resident is trying to sell his house and the damaged house affects his property value, Hutchinson said.
Right now, the city can't do anything about nuisance structures, Anderson said. He urged the City Council in July to establish an ordinance so the city has enforcement options.
At a council meeting Monday, aldermen read a proposed ordinance for the first time that creates a process for the city to remove nuisance structures and fine the owners. They scrapped a previous draft with which City Attorney Jason Kelley was unsatisfied.
The council must declare by resolution that a building is a nuisance, according to the ordinance. Half-built houses, damaged houses and basements without homes could be nuisances, Anderson said.
Thirty days later, the city has the authority to remove the structure. It can also fine the owner between $250 and $500, with an additional $250 fine each day the violation continues.
The city is required to notify owners at various stages in the process, Kelley said.
The ordinance gives the city the right to have buildings declared a nuisance by Benton County Circuit Court, which Kelley recommends. The city's goal is to make people comply, and it's easier for people to fix or bulldoze nuisance properties than to go to court, Kelley said.
Most cities have similar ordinances, Anderson said. The drafted one is largely based on a model suggested by the Arkansas Municipal League, Kelley said.
Anderson doesn't know why the houses aren't being finished. He attributes some to builders abandoning projects in a slowing housing market and some to foreclosures.
The ordinance could be enacted within two months, Anderson said.
Reader Comments (9 comment(s))
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amazed wrote on Aug 27, 2008 5:50 AM:
justalocal wrote on Aug 27, 2008 7:51 AM:
BCR wrote on Aug 27, 2008 8:32 AM:
Rogers wrote on Aug 27, 2008 8:35 AM:
recross1 wrote on Aug 27, 2008 9:09 AM:
As for any lawsuits,by the owner after the site is cleaned up,any judge that would allow it to progress into litigation should be removed from the bench,its not like the owners were'nt given an opotunity to correct the problem.Frivolous lawsuits are making it impossible to do anything in this country.There are to many lazy no good lawsuit hungry people in todays society and it si hurting all of us. "
Rogers wrote on Aug 27, 2008 9:44 AM:
If the bank has a mortgage on the property, they have given a certain value to the collateral. Take a vehicle loan, lets say a new vehicle that says for $25,000. If someone just comes in and takes the motor out (in this case, bulldozes the structures down), the collateral is worth far less. You can't tell me a bank isn't going to throw a fit about a decrease in their collateral value.
As for the complete financing in place to finish the project, I'm sure there was on 99% of these project, but overruns happen, builders/investors run out of money to pay the interest on the notes, other investments has gone down the tank - draining cash, etc.
I totally agree that there are mnay properties that are eyesores.
What if a farmer doesn't keep his fence lines clean....can the city just go tear down the fences?
Even if the city destroys structures, does anyone think that it will make the property clean.....and stay clean? "
justalocal wrote on Aug 27, 2008 12:32 PM:
We have houses uninhabiting sliding down the foundations and the city can't condemn them, they have been empty for years, I think letting the woods go wild in those areas would be less of a risk than someone getting hurt. Take a drive down 71 B and look near the rest area, you will see what I mean. "
tootsie wrote on Aug 28, 2008 4:57 AM:
Not already registered?
BCR wrote on Aug 26, 2008 8:32 PM: