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1140M c~JQ~~S ~~~ ~~~~ ~A~E~~~pRDINANCE NO. 1140 AN ORDINANCE REQUIRING PREMISES TO BE KEPT FREE FROM WEEDS, RANK GRASS, GARBAGE, RUBBISH AND OTHER UNSIGHTLY AND UNSANITARY ARTICLES, REQUIRING PROPERTY OWNERS TO ELIMINATE, FILL UP OR REMOVE STAGNANT POOLS OF WATER OR ANY OTHER UNSANITARY THING, PLACE OR CONDITION WHICH MIGHT BECOME A BREEDING PLACE FOR MOSQUITOES, FLIES AND GERMS HARMFUL TO THE HEALTH OF THE COMMUNITY; PRESCRIBING A PROCEDURE TO BE FOLLOWED IN SUCH CASES, DECLARING AN EA~ERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. All property owners within the City of West P,4emphis, Arkansas, are hereby required to cut. weeds, grass, remove garbage, rubbish and other unsanitary and unsightly articles and things from their property, and to eliminate, fill up or remove stagnant pools of water or any other unsanitary things, place or condition that might become a breeding place for mosquitoes, flies and germs harmful to the health of the community. SECTION 2. If the owner or ov!~ners of any lot or other real property within the City of West Memphis, Arkansas, after giving of twenty (20) days notice in writing by the Code Enforcement Officer shall refuse or neglect to perform the duties in connection with his or their property as specified in Section 1 hereof, the Chief of Police is hereby authorized to enter upon the property and have said weeds, rank grass or other vegetation cut and removed, or eliminate any unsanitary and unsightly condition, and the cost thereof shall be charged against said premises and shall constitute a lien thereon. SECTION 3. In case the owner of. any lot or other real property is unknown or his whereabouts is not known or is a nonresident of this State, then a copy of the written notice hereinabove referred to shall be posted upon the premises and before any action to enforce such lien shall be had, the z~ ~~~~ ~~ ~ ~ (~ '~'~~ ,' ,~ ~~~K s~o ~~~z~ r the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts of nonresidents and thereupon service of publication as now provided for by law against nonresident defendant may be had and an attorney ad litem shall be appointed to notify the defendant by registered letter addressed to his last known place of residence if same can be found. SECTION 4. The lien herein provided for may be enforced and collected in either one of the following manners: (A) The lien may be enforced at any time within eighteen (18) months after work has been done, by an action in the Chancery Court; or, (B) The amount of the lien herein provided may be determined at a hearing before the City Council held after thirty (30) days' written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then after publication of notice of such hearing in a newspaper having a bona fide circulation in Crittenden County for one (1) insertion per week for four (4) consecutive weeks; and the amount so determined at said hearing plus ten percentum (10%) penalty for collection, shall be certified by the City Council to the Crittenden County Tax Collector, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less three percentum (3%) thereof, when so collected shall be paid to the City of West Memphis, Arkansas. SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. Emergency Clause. It having been found and determined by the City Council of the City of West Memphis, Arkansas, that there is an urgent need for an Ordinance 2. p ~ ~uux 64~ ~~cE2~ to control weeds, rubbish and other unsightly articles, an emergency is declared to exist, and this Ordinance being necessary for the preservation of the public health, safety, and well-being of the Citizens of the City of West Memphis, Arkansas, shall become effective upon its passage and approval. DATED this ,~'. NIAYOR ,,, SPONSORED BY: 3.