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~~~ ~~~~ ~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
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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
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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
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NIAYOR
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SPONSORED BY:
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