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n. <br /> • ORDINANCE # �3_ I ' r <br /> AN ORDINANCE AMENDED SECTIONS 3 AND 4 OF ORDINANCE 907 AS FOUND <br /> IN SECTIONS 5 . 08 . 02 AND 5. 08 . 03 OF THE BATESVILLE MUNICIPAL <br /> CODE, SETTING OUT THE NOTICE REQUIREMENTS TO BE SENT TO THE <br /> OWNER OR OWNERS OF ANY REAL PROPERTY WHERE UNSIGHTLY OR <br /> UNSANITARY CONDITIONS EXIST UNLAWFULLY UNDER SECTION 5 . 08 .01 OF <br /> THE BATESVILLE MUNICIPAL CODE; AUTHORIZING THE CHIEF OF POLICE <br /> OR CHIEF LAW ENFORCEMENT OFFICER ASSIGNED TO THE CITY TO ENTER <br /> UPON SAID PROPERTY AND ELIMINATE SAID UNSIGHTLY OR UNSANITARY <br /> CONDITIONS; PROVIDING FOR A LIEN UPON SAID PROPERTY TO RECOVER <br /> THE COSTS OF SAID LOT CLEARANCE; ESTABLISHING AN ENFORCEMENT <br /> PROCEDURE FOR LIENS CREATED FOR THE COSTS TO THE CITY TO CLEAR <br /> UNSIGHTLY AND UNSANITARY CONDITIONS ON REAL PROPERTY; <br /> AN ; AND FOR OTHER PURPOSES . <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, <br /> ARKANSAS : <br /> Section 1 : That Section 3 of Ordinance No. 907 as found in <br /> the Batesville Municipal Code as Section 5 . 08 . 02 is hereby <br /> amended to read as follows: <br /> "Section 5. 08 . 02 - Notice Required - If the owner <br /> or owners of any lot or other real property within <br /> • the City of Batesville, Arkansas , after the giving <br /> of twenty (20) days notice in writing by the <br /> Batesville City Clerk shall refuse or neglect to <br /> perform the duties in connection with his or their <br /> property as specified in Section 5. 08 . 01 and Section <br /> 5. 08 . 02 of this code , the Chief of Police or highest <br /> ranking officer assigned to the City is hereby <br /> authorized to enter upon the property and have <br /> said weeds , rank grass or other vegitation cut and <br /> removed or eliminate any unsightly and/or unsanitary <br /> condition and the cost thereof shall be charged <br /> against said premises or the owner thereof , and <br /> shall constitute a lien on said property. Provided <br /> further that where the condition consists of stagnant <br /> pools of water or other unsanitary thing , place or <br /> condition which might become a breeding place for <br /> mosquitos , flies and germs harmful to the health <br /> of the community, said notice to property owner or <br /> owners may be given in writing by any qualified <br /> medical doctor who has been duly appointed to act <br /> as city health officer of the City. " <br /> Section 2 : Section 4 of Ordinance 907 as found at Section <br /> 5. 08. 03 of the Batesville Municipal Code is hereby amended <br /> to read as follows: <br /> • "Section 4 - Enforcement of Lien - (1) the lien <br /> herein provided for may be determined, enforced <br /> and collected in either one of the following <br /> manners: <br /> (a) The lien may be enforced at any time <br /> within eighteen (18) months after work has <br /> been done by an action in the chancery <br /> courts; The lien applied for should be <br /> actual costs to the City, plus court costs <br /> plus attorney ' s fees and other collectible <br /> expenses, interest and all other relief the <br /> court may be able to grant; or <br /> (b) The amount of the lien herein provided <br /> • may be determined at a hearing before the <br /> City Council of the City of Batesville , Arkansas <br /> held after thirty (30) days written notice by <br /> certified mail to the owner or owners of the <br /> property, by the City Clerk , if the name and <br /> whereabouts of the owner or owners be known <br /> and if the name of the owner or owners cannot <br /> be determined, then only after publication of <br />