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,
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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
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