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1789ORDINANCE NO. ~9 AN ORDINANCE TO REPEAL ORDINANCE 1785 AND TO READOPT THE PROVISIONS OF ORDINANCE 1697 REGARDING REMOVAL OF CONSTRUCTION DEBRIS, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, Ordinance 1785 made certain amendments to the provisions of Ordinance 1697 to require a deposit to insure removal of construction material; and WHEREAS, the City Council desires to repeal the requirements of Ordinance 178.5 until such time as issues relating to the requirement of a deposit can be more thoroughly reviewed; and WHEREAS, the provisions of Ordinance 1697 should be readopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. Ordinance 1785 is hereby repealed. SECTION 2. DEBRIS -REMOVAL REQUIRED. The owner, owners and/or occupants of all lands or lots in the city are required to remove any concrete, brick or other masonry items, roofing material or any construction/remodelingJdemolition-type materials from said property. SECTION ~. DEBRIS -NOTICE TO REMOVE -FEE FOR CITY REMOVAL. Upon the failure of any owner, owners and/or occupants of property in the city to remove, or to have removed, any concrete, brick or other masonry items, roofing material or any construction/remodeling/demolition-type materials, it shall be the duty of the code enforcement department, or an agent acting by the authority of this department, to serve notice on the owner, owners, and/or occupants of such property to remove or have remove within five days of the serving of such notice, all concrete, brick or other masonry items, roofing material or any construction/remodeling/demolition-type materials from said property, or may be mailed to the last known address of such owner, owners and/or occupants, by certified mail, or be posted on the property on which concrete, brick or other masonry items, roofing materials or > construction/remodeling/demolition-type materials exist. Serving notice by any of the above methods shall be due notice within the meaning of this section. When the city is required to remove said material, after the property owner, owners and/or occupants have been duly notified, a statement for these services will be mailed to the owner, owners and/or occupants. A fee for these services will be established each year by the code enforcement department. If the owner, owners and/or occupants refuse to pay the charges, the city will go through the necessary procedure to have a tax lien placed on said property. SECTION 4. DEBRIS -FAILURE TO REMOVE -PENALTY. The failure of any owner, owners and/or occupants of lots or lands within the limits of the city to remove or have remove concrete, brick or other masonry items, roofing material or any construction/remodeling/demolition-type materials, shall be a misdemeanor, and upon conviction, the owners thereof shall be fined not less than fifty dollars nor more than one hundred dollars. 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 an urgent and immediate need exists to repeal the operation of Ordinance 1785 and to readopt the provisions of Ordinance 1697 in order to continue the requirement for removal of construction materials without the requirement of a deposit, which could have had unforeseen effects upon certain sections of the construction business. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the preservation of the peace, health, safety and welfare of the citizens of West Memphis, Arkansas, shall be in full force and effect from and after the date of its passage and approval. ADOPTED this ~ day of ~pvEM'SL~IZ , 19~. F ~-~.IL ~ ~ AL BOALS, Mayor ~,,,/ ATTEST: DAN CRAFT, .~ y Cler SPONSORED BY: