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142 _ ~- ~` Y ---.~ ORDINANCE NO. t 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. •. 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. z fi ,r r -2- (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. L L -3- {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. _t}_ (d) Inspect annually all buildings in the City of . L 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".~ f ~. t _5_ (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 d -6- t c t s t 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. ~. -7- (f) Report to the City Attorney the names of all persons nvt complying with the order provided for in Section 5, subsection (d) hereof. L 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 l 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." -8- L Z (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 l c a a 1 1 ~. L ~b ~. -9- r 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 of 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 y ~ . ~ F ~ 7 ' -10- r', f" E Passed and approved this 20th day of October, 191F7 Attest: CiyC er.