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ORDINANCE # <br />AN ORDINANCE MAKING IT UNLAWFUL FOR THE OWNER OR OCCUPANT OF REAL PROPERTY TO <br />ALLOW LOTS, YARDS OR OTHER REAL PROPERTY TO BECOME UNSIGHTLY AND/OR UNSAINTARY; <br />PROVIDING PENALTIES FOR THE VIOLATION THEREOF; DECLARING AN EMERGENCY AND FOR <br />OTHER PURPOSES: <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: <br />Section 1: All persons, firms, or corporations owning or occupying any lot, <br />yard or other real property within the City of Batesville, Arkansas, shall keep <br />said lot, yard or other real property clear of grown-up weeds, rubbish, fallen <br />trees, accumulated piles or scattered items of trash, brush, or garbage or <br />other unsightly or unsanitary articles or things. <br />Section 2: All persons, firms or corporations owning any lot, yard or other <br />property shall see that any stagnant pools of water or other unsanitary things, <br />place or condition which might become a breeding place for mosquitoes, flies or <br />germs harmful to the community, are eliminated, filled up or otherwise removed. <br />Section 3: If after ten (10) days notice any person, firm or corporation <br />continuing to violate this ordinance shall be deemed guilty of a misdemeanor <br />and upon conviction shall be fined in a sum not less than Twenty Five Dollars <br />($25.00) nor more than Two Hundred Fifty Dollars ($250.00) with each day of <br />violation of this ordinance being deemed separate offenses. Said notice shall <br />be in the form of a letter or warning citation. <br />Section 4: This ordinance shall not repeal or affect the validity of any <br />ordinance allowing the City of Batesville to collect or enforce any lien which <br />it may obtain by its clearance of unsightly or unsanitary conditions upon real <br />property. <br />Section 5: If an part or parts of this ordinance shall hereinafter be declared <br />unconstitutional, illegal or otherwise unlawful then that part shall be deemed <br />severed from the remaining valid portions and those remaining portions shall <br />continue in effect as if those declared unlawful had never been a part hereof. <br />Section 6: Emergency Clause: Whereas, it is the duty of the owners and <br />occupants of real property to keep their property clean and when an owner fails <br />to do so the result is hazardous to the community's health and whereas, under <br />existing ordinances the city is not able to effectively compel owners or <br />occupants to keep real property clean, and whereas, this ordinance is necessary <br />for the immediate preservation of the public peace, health, safety and welfare <br />an emergency is declared and this ordinance shall be in full force and effect <br />from and after the date of its passage and approval. <br />ADOPTED this __—�_3 40 day of June, 1981. <br />APPROVED: <br />JIM SHIRRELL, MAYOR <br />ATTEST: <br />LARRY WILLIAMS, CITY CLERK <br />