Loading...
1385"ORDINANCE NO. ~3 Q~ 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 EMERGENCY 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 Memphis, 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 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 owners of any lot or other real property within the City of West Memphis, Arkansas, shall neglect or refuse to remove, abate, or eliminate any condition as provided in this ordinance after having been given seven (7) days notice in writing to do so, then the City of West Memphis, Arkansas, is authorized to do whatever is necessary to correct the condition and to charge the cost thereof to the owner of the lots or other real property. The City of West Memphis, Arkansas, shall have a lien against the property for the costs. SECTION 3. (a) 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 referred to in Section 2 shall be posted upon the premises. Before any action to enforce the lien shall be had, the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts of nonresidents. (b) Thereupon, service of the publication, as provided for by law against nonresident defendants, may be had. An attorney ad litem shall be appointed to notify the defendant by registered letter addressed to his last known place of residence if it can be found. (c) Except as provided in subsection (b) of this section, notices required by this ordinance shall be published, mailed or delivered by the Public Works Department. 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 the amount will be determined only 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. The determination of the City Council is subject to appeal by the property owner in the Chancery Court. The amount so determined at the hearing, plus ten percent (10%) penalty for collection, shall be certified by the City Council to the Crittenden County Tax Collector and placed by him on the tax books as delinquent taxes, and collected accordingly. The amount, less three percent (3%) thereof, when so collected shall be paid to the City of West Memphis, Arkansas, by the County Tax Collector. SECTION 5. Ordinance 1140 and all other 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 to control weeds, • Y. ~ ~ rubbish and other unsightly articles, an emergency is declared to exist, and this Ordinance being necessary for the preservation of the public peace, health, safety and well-being of the Citizens of the City of West Memphis, Arkansas, shall be in full force and effect from and after its date of passage and approval. PASSED AND APPROVED this ~~ day of , 1989. TH M. INGRAM, Myor Rfl~'kl~'~p CITY CLERK OFFICE DNTE~ s-i~-s'~L