Fort Smith board orders demolition of two dilapidated houses cited for squatting and unsafe conditions

The Fort Smith Board of Directors on Tuesday approved an ordinance directing demolition of two substandard residential structures at 3632 Kincaid Avenue and 1504 Bell Avenue, citing persistent deterioration, unsanitary conditions and repeated illegal occupancy.

The action, approved 7-0, authorizes the city administrator to carry out demolition and places liens on the properties to recover city abatement costs; an emergency clause was adopted by the same margin.

Neighborhood services director Sean Gard told the board the first property, at 3632 Kincaid, was inspected Oct. 21, 2024 after a complaint and showed “visual evidence of squatting activity” and structural damage. Gard said the city has repeatedly re‑boarded the structure, received multiple complaints and that a recent police response led to an arrest.

“The sanitary conditions inside this property are really bad,” Gard said during his presentation. He reported a trespassing arrest with damages cited at $500 and said a certificate of unsafeness was filed with the Sebastian County assessor’s office on Jan. 16, 2025. Gard said the city currently has $5,190 in liens on the Kincaid property.

The second structure, at 1504 Bell Avenue, was initially reported in February 2023, posted for prohibited occupancy, and cited on Oct. 6, 2023 after the owner failed to appear in court. Gard said the city filed a certificate of unsafeness for Bell Avenue on April 15, 2025 and currently holds $358.24 in liens; the property is assigned to a contractor for abatement of trash and overgrowth.

Resident Joey McCutcheon, speaking during the public comment period, urged the board to consider what happens to properties after liens are placed. “When these people don't pay the lien and it goes through the process, who ultimately ends up with this property?” McCutcheon asked, requesting greater transparency about post‑liens ownership and sales.

Several directors pressed staff on procedure and follow‑up. Director Neill Martin asked how long the Kincaid case had been open; staff said enforcement began Oct. 21, 2024 and that the property had changed hands multiple times, including an earlier HUD sale. Director Kemp asked whether notices and service met legal requirements; Gard responded that the department follows state guidelines and uses certified mail, posted placards and legal searches to locate interested parties.

Gard and other staff also described efforts to connect homeowners with potential buyers or rehabilitators when owners lack funds to repair properties; staff said they try to provide contact information for prospective purchasers while protecting owners’ personal data.

The board adopted the demolition ordinance and the emergency clause by roll call vote, with Director Rigo, Director Goode, Director Kemp, Director George Gitsavis, Director Christina Gitsavis, Director Settle and Director Neill Martin voting yes. The ordinance instructs the city to proceed with demolition and to place liens to recover costs; if liens remain unpaid the properties may be forfeited to the state and sent to auction under existing county forfeiture processes.