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ORDINANCE NO.
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AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL, REPAIR, OR
DEMOLITION OF ANY BUILDING OR STRUCTURE WHICH SHALL BE DECLARED
TO BE A PUBLIC NUISANCE,_DANGEROUS TO THE. HEALTH, MORALS, SAFETY
OR GENERAL WELFARE OF THE_PEOPLE OF THE CITY OF WEST MEMPHIS,
OR WHICH IS A FIRE MENACE AND FOR THE RECOVERY OF ,THE COST OF
VACATION, REPAIR, REMOVAL OR DEMOLITION THEREOF AS A LIEN OR
ASSESSMENT AGAINST SUCH PREMISES AND TO PROVIDE FOR THE RECOVERY
OF SUCH COSTS IN~AN ACTION AT LAW.
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WHEREAS; in the City of West Memphis, there are buildings
or structures which are in a d il.apidated, unsightly, unsafe,
insanitary and obnoxious condition, a menace to the health,
morals, safety. and general welfare of the people of this city,
and which constitute a fire menace ~nd';~::public nuisance:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS ;
Sec. 1. DANGEROUS BUILDINGS DEFINED. - All buildings or
structures which have any or all of the following defects shall
be deemed "dangerous buildings";
(a) ,Those whose interior walls or other vertical
structural members list, lean or buckle to such an extent that a
plumb line passing through the center of gravlt~'falls outside of
the middle third of its base.
(b) Those which, exclusive of the foundation, show
thirty-three (33} per cent or more, of damage or deterioration of
the supporting member or members, or fifty (50) per cent of
damage or deterioration of the non-supporting enclosing or out-
side walls or covering.
(c) Those which have improperly distributed loads
upon the floors or roofs or in which the same are overloaded, or
which have insufficient strength to be reasonably safe for the
purpose used.
(d) Those which have been damaged by fire, wind or
other causes so as to have become dangerous to life, safety,
morals, or the general health and welfare of the occupants or the
people of the City of West Memphis.
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(e) Those which have become or are so dilapidated,
unsightly, unsafe, insanitary, obnoxious and decayed or which so
utterly fail to provide the amenities essential to decent living
that they are unfit for human habitation, or are likely to cause
sickness or disease, so as to work injury to the health, morals,
safety or general welfare of those living therein or to the
general public.
(f) Those having light, air, and sanitation facilities
which are inadequate to ,protect the health, morals, safety, or
general welfare of human beings who live or may li~-a therein or
thereabout.
(g) Those having inadequate facilities for egress in
case of fire or panic or those having insufficient stairways,
fire escapes, or other means of communication.
(h) Those which have parts thereof which are so
attached that they may fall and injure members of the public or
property.
(i} Those which because of their condition are unsafe,
insanitary, or dangerous to the health, morals, safety or general
welfare of the people of this city.
(j) Those buildings existing in violation of any
provision of the Building Code of this City, or any provision of
the fire prevention code, or other ordinances of this City.
Sec. 2. STANDARDS FOR REPAIR, VACATION OR DEMOLITION. -
The following standards shall be followed in substance by the
Building Inspector and the City Council in ordering repair,
vacation, or demolition:
(a) If the "dangerous building" can reasonably be
repaired so that it will no longer exist in violation of the
terms of this ordinance, or in violation of the zoning ordinances
of the City of West Memphis or any other ordinances of the City
of West Memphis, it shall be ordered repaired.
(b) If the "dangerous building" is in such condition
as to make it dangerous to the health, morals, safety, or general
welfare of its occupants it shall be ordered to be vacated.
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{c) In any case where a building is, in the opinion of
the City Council, dilapidated, unsightly, unsafe, insanitary,
obnoxious or detrimental to the. public welfare or is fifty per
cent (50~) damaged or decayed or deteriorated from its original
value or structure, it shall be demolished, and in all cases where
a building can not be repaired so that it will no longer exist
lin violation of the terms of this ordinance, the zoning ordinances
or other ordinances of the City of West Memphis, it shall be
demolished. In all cases where a"dangerous buildings' is afire
hazard existing or erected in violation of the terms of this
ordinance, the zoning ordinances or any other ordinances of the
City of West Memphis or the Statutes of the State of Arkansas, it
shall be demolished.
Sec. 3. DANGEROUS BUILDINGS -- NUISANCES. - All
"dangerous buildings" within the terms of Section 1 of this
ordinance are hereby declared to be public nuisances, and shall
be repaired, vacated, or demolished as hereinbefore and herein-
after provided,
Sec. ~+. DUTIES OF BUILDING INSPECTOR. - The Building
Inspector shall;
(a) Inspect or cause to be inspected semi-annually, all's
public buildings, schools, halls, churches, theaters, hotels,
tenements, commercial, manufacturing, or loft buildings for the
purpose of determining whether any conditions exist which render
such places a "dangerous building" within the terms of Section 1
of this ordinance.
(b) Inspect any building, wall or structure about which
complaints are filed by any person~to the effect that a building,
wall or structure is or may be existing in violation of this
ordinance.
(c) Inspect any building, wall or structure reported
(as hereinafter provided for) by the Fire or Police Departments of
this City as probably existing in violation of the terms of this
ordinance.
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(d) Inspect annually all buildings in the City of .
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West Memphis to determine whether they are "dangerous buildings"
within the terms of Section 1 of this ordinance.
(e) Notify in writing the owner, occupant, lessee,
mortgagee, agent and, all other persons having an interest in
said building as shown by the records in the Recorderis Office
within and for Crittenden County, Arkansas, of any building found
by him to be a "dangerous building" within the standards set
forth in Section 1 of this ordinance, that: (1) the owner must
vacate, or .repair, or demolish said building in accordance with
the terms of the notice and this ordinance; (2) the occupant or
lessee must vacate said bui-lding or may have it repaired in
accordance with the notice and, remain in .possession; (3) the
mortgagee, agent or other persons having an interest in said
building as shown by the records in the Recorders Office within
and for Crittenden County, Arkansas, may at his own risk repair,
vacate, or demolish said building or have such work or act done.
Provided that any person notified under this subsection to
repair, vacate,. or demolish any building shall be given such
reasonable time, not exceeding thirty (30) days, as may be
necessary to do, or have done, the work or act required by the
notice provided for herein.
(f) Set forth in the notice provided for. in subsection
(e) hereof, a description of the building or structure deemed
unsafe, a statement of the particulars which make the building
or structure a "dangerous building" and an order requiring#the
same to be put in such condition as to comply with the terms
of this ordinance within such length of time, not exceeding
thirty (30) days, as is reasonable.
(g) Report to the City Council any non-compliance
with the "notice" provided for in subsections (e) and (f) hereof.
(h) Appear at all hearings conducted by the City
Council, anal testify,as to the condition of "dangerous buildings".~
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(i) Place a notice on all "dangerous buildings" reading
as follows;
"This building has been found to be a dangerous building
by the Building Inspector. This notice is to remain on this
building until it is repaired, vacated, or demolished in
accordance with the notice which has been given the owner,
occupant, lessee, mortgagee, or agent of this building,
and all other persons having an interest in said building
as shown by the records in the Recorders Office within
and for Crittenden County, Arkansas. It is unlawful to
remove this notice until such notice is complied with."
Sec. 5. DUTIES OF THE CITY COUNCIL. - The City Council
shall ;
(a)Upon receipt of a report of the Building Inspector
as provided for in Section ~F, subsection (g) hereof, shall cause
written notice to the owner, occupant, mortgagee, lessee, agent,
and all other persons having an interest in said building as
shown by the records in the Recorders Office within and for
Crittenden County, Arkansas, to appear before it on the date
specified in the notice to show cause why the building or
structure reported to be a "dangerous building" should not be
repaired, vacated, or demolished in accordance with the statement
of particulars set forth in the Building Inspector's notice
provided for herein in Section ~+, subsection (f).
(b) Hold a hearing and hear such testimony as the
Building Inspector or the owner, occupant, mortgagee, lessee, or
a,ny other person having an interest in said building as shown by
the records in the Recorders Office within and For Crittenden
County, Arkansas, shall offer relative to the "dangerous building.
(c) Shall render or cause to be•rend.ered written
Findings of fact from the testimony offered pursuant to subsection
(b) as to whether or not the building in question is a "dangerous
wilding" within the terms of Section 1 hereof.
(d) Issue an order based upon findings of fact made
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pursuant to subsection (c) commanding the owner, occupant,
mortgagee, lessee, agent and all other persons having an interest
in said building as shown by the records in the Recorders Office
within and For Crittenden County, Arkansas, to repair, vacate, or
d®molish any building found to be a "dangerous building" within
the terms of this ordinance and. provided that any person so
notified,~except the owners, shall have the privilege of either
vacating or repairing said "dangerous building"; or any person
not the owner of said "dangerous building" but having an interest
in said building as shown by the records in the Recorder's Office
within and for Crittenden County, Arkansas, may demolish said
"dangerous building" at his own risk to prevent the acquiring of
a lien against the land upon which said "dangerous building"
.stands by the city as provided in subsection (e) hereof.
(e) If the owner, occupant, mortgagee, or lessee fails
to comply with the order provided for in subsection (d) hereof,
within ten (10) days, the City Council shall cause such building
or structure to be repaired, vacated, or demolished as the facts
may warrant, under the standards liereinbefore provided for is
Section 2 of this ordinance, and shall sell the materials of
such building or buildings and shall credit the proceeds of such
sale against the costs of the removal or demolition, and any bal-
~nce remaining shall be deposited in the proper court of
;ritt~enden County, Arkansas, shall be secured in such manner as may
~e directed by said court and shall be disbursed by said court to
cuch persons found to be entitled thereto by final order or
.ecree of said court; provided however that nothing in this
ection shall be construed to impair or limit in any way the
power of the City to define and declare nuisances and to cause
heir removal or abatement, by summary proceedings or otherwise.
In case the proceeds received from the sale of materials °~
hall not be sufficient to pay the costs of repair or demolition,
h.e deficiency shall be a lien against the land upon which the
wilding stands or did stand and may be recovered in a suit at law
gainst the owner.
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(f) Report to the City Attorney the names of all
persons nvt complying with the order provided for in Section 5,
subsection (d) hereof.
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Sec. 6. VIOLATIONS -~ PENALTY FOR DISREGARDING NOTICES
OR ORDERS. - The owner of any"dangerous building" who shall
fail to comply with any notice or order to repair, vacate, or
demolish said building given by any person authorized by this
ordinance to give such notice or order shall be guilty of a mis-
demeanor and upon conviction thereof shall be fined not exceeding
two hundred dollars ($200.00) for each offense and a further
sum of ten dollars ($10.00) for each and every day such failure
to comply continues beyond the date fixed for compliance.
The occupant or lessee in possession who fails to comply
with any notice to vacate ~ Who fails to repair said building
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in accordance with any notice given as provided for in this
ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be fined not exceeding two hundred dollars ($200.00)
for each offense and a further sum of ten dollars ($10.00) for
each and every day such failure to comply continues beyond the
date fixed for compliance.
Any person removing the notice provided for in Section ~F,
subsection (i) hereof shall be guilty of a misdemeanor and upon
conviction shall be fined not exceeding two hundred dollars
($200.00) for each offense.
Sec.7, DUTIES OF THE CITY ATTORNEY. The City Attorney shall;
(a) Prosecute all persons failing to comply with the
terms of the notices provided for herein in Section ~+,
subsections (e) and (f ), and the order provided for in Section 5,
subsection (d).
(b) Appear at all hearings before the City Council in
regard to "dangerous buildings.:'
(c) Bring suit to collect all municipal liens,
assessments, or costs incurred by the~City of West Memphis in
repairing or causing to be vacated or demolished "dangerous
buildings."
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(d) Take such other legal action as is necessary to
carry out the terms and provisions of this ordinance.
Sec. 8. EMERGENCY CASES. - In cases where it reasonably
appears that there is immediate danger to the life or safety of
any person unless a "dangerous building" as defined herein is
immediately repaired, vacated, or demolished, the Building
Inspector shall report such facts to the City Council and the City
Council shall cause the immediate repair, vacation, or demolition
of such,"dangerous building." The costs of such emergency
repair, vacation or demolition of such "dangerous building" shall
'be collected in the same manner as provided in Section 5,
subsection (e) hereof.
Sec. 9. WARE OWNER ABSENT FROM THE CITY. - In cases,
except emergency cases, where the owner, occupant, lessee, or
mortgagee is absent from the city all notices or orders provided
for herein shall be seat by registered mail to the owner, occupant,
mortgagee, lessee and all other persons having an interest in said
building as shown by the records in the Recorders Office within
and, for Crittenden County, Arkansas, to the last known address of
each or cause notice of the proceedings provided b9 this ordinance
to be published in a newspaper of general circulation in the
City of West Memphis by at least one insertion therein, and a
copy of such notice shall be posted in a conspicuous place on the
"dangerous building" to which it relates. Such mailing and. posts
shall be deemed adequate service. In all cases whether the owner
Ls a resident or a non-resident of the City of West Memphis, the
notices herein provided for may be served in the same manner a
summons is served in the courts of the State of Arkansas.
Sec. 10. ADMINISTRATIVE LIABILITY. No officer, agent or
3mploye of the City of West Memphis shall render himself
personally liable for any damage that may accrue to persons or
property as a result of any act required or permitted in the
,ischarge of his duties under this ordinance. Any suit brought
gainst any officer, agent, or employe of the City of West Memphis
s a result of any act required or permitted in the discharge of
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his duties under this ordinance shall be defended by the City
Attorney until the final determination of the 1~roceer~irna
therein.
Sec. 11. DUTIES OF FIRE DEPARTMENT. - The s of
the Fire Department shall make a report in writing to the
Building Inspector of all buildings or structures which are, me,y
be, or are suspected to be "dangerous buildings" within the
terms of this ordinance. Such reports must be delivered to the
Building Inspector i hin 2~ hours of the discovery of such
buildings by ~ empl ye of the Fire Department
Sec. 12. DUTIE$ OF POLICE DEPARTMENT. s
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the Police Department shall me,ke a report in writing to the
Building Inspector of any buildings or structures which are, may
be, or are suspected to be "dangerous buildings" within the terms
of this ordinance. Such reports must be delivered to-the
Building Inspector w t n 2~ hours of the discovery of such
buildings by s~r,~t- a of the Police Department.
Sec. 13. SEPARABILITY. - It is the intention of the City
of West Memphis that each word, phrase, sentence, paragraph,
section or subsection shall be a separate provision of this
ordinance and shall be deemed independent of all other provisions
herein, and it is further the intention of the City Council that
if any word, phrase, sentence, paragraph, section or subsection
of this ordinance be declared invalid, all other provisions
thereof shall remain vaiid and, enforceable.
Sec. 1~+. EMERGENCY CLAUSE. - It is hereby found and
declared that there are a number of buildings in the City of
West Memphis in a dilapidated, unsightly, unsafe, insanitary
and obnoxious condition; that they are a menace to the public
health, safety and general welfare of the inhabitants of West
Kemphis, and an emergency is hereby declared to exist, and this
ordinance shall be in full force from and after its passage and
approval.
Mayor
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Passed and approved this 20th day of October, 191F7
Attest:
CiyC er.