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HomeMy WebLinkAbout1990-09-01 � r ORDINANCE NO. ® AN ORDINANCE PROVIDING FOR THE CONDEMNATION AND REMOVAL OF HOUSES, BUILDINGS AND/OR STRUCTURES CONSTITUTING A NUISANCE WITHIN THE CORPORATE LIMITS; PROVIDING FOR A LIEN ON THE PROPERTY; PROVIDING A PENALTY THEREFOR, AND FOR OTHER PURPOSES. NOW; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1. That it shall be and it is hereby declared to be unlawful for any person or persons, partnership, corporation or association, to own, keep or maintain any house, building and/or structure within the corporate limits of the City of Batesville, Arkansas, which constitutes a nuisance and which is found and declared to be a nuisance by Resolution of the City Council . In de- termining whether a structure is a hazard to the public safety and health the following criteria shall be considered: ( 1) major structural components of the structure are missing such as doors, windows, walls or roof; (2) the structure • is left unlocked, unattended and vacant; (3) the structure is not being built or under active repair; or, (4) the structure is not an out building, an accessory building or used for storage. Section 2. That any such house, building and/or structure which is found and declared to be a nuisance by Resolution of the City Council will be con- demned to insure the removal thereof as herein provided. Section 3. That the Resolution of the City Council condemning any house, building and/or structure which constitutes a nuisance will include in said Resolution an adequate description of the house, building and/or structure; the name or names, if known, of the owner or owners thereof; and shall set forth the reason or reasons said house, building and/or structure is or has been con- demned as a nuisance. The owner of said structure shall be notified at least I . twenty (20) days prior to the City Council hearing in the manner set out herein below. Section 4. After a house, building and/or structure has been found and declared to be a nuisance and condemned by Resolution as herein provided, a I true or certified copy of said Resolution will be mailed to the owner or owners thereof; if the whereabouts of said owner or owners thereof be known or their last known address be known, and a copy thereof shall be posted at a conspicu- ous place on said house, building and/or structure. Provided, that if the own- er or owners of said house, building and/or structure be unknown of if his or ® their whereabouts or last known address be unknown , the posting of the copy of said Resolution as hereinabove provided will suffice as notice. Section 5. If the house, building and/or structure constituting a nui- sance has not been torn down and removed. or said nuisance otherwise abated, within thirty (30) days after posting the true copy of the Resolution at a con- spicuous place on said house, building and/or structure constituting the nui- sance will be torn down and/or removed by the Building Inspector or his duly designated representative at the direction of the City Council . Section 6. The Building Inspector or any other person or persons designa- ted by him to tear down and remove any such house, building and/or structure constituting a nuisance will insure the removal thereof and dispose of the same in such a manner as deemed appropriate in the circumstances and to that end may, if the same have a substantial value, sell said house, building and/or structure. or any saleable material thereof, by public sale to the highest bid- der for cash, ten ( 10) days ' notice thereof being first given by one publica- tion in some newspaper having a general circulation in the City, to insure its • removal and the abatement of the nuisance. Section 7. All the proceeds of the sale of any such house, building and/ or structure, or the proceeds of the sale of saleable materials therefrom and all fines collected from the provisions of this ordinance shall be paid by the person or persons collecting the same to the City Treasurer. If any such house, building and/or structure, or the saleable materials thereof, be sold for an amount which exceeds all costs incidental to the abatement of the nui- sance (including the cleaning up of the premises) by the City, plus any fine or fines imposed, the balance thereof will be returned by the City Treasurer to the former owner or owners of such house, building and/or structure constitu- ting the nuisance. Section 8. If the City has any net costs in removal of any house, build- ing and/or structure, the City shall have a lien on the property as provided by A.C.A. 14-54-904. The lien may be enforced in either one of the following man-1 ners: (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 a- mount of the lien herein provided may be determined at a hearing before the governing body of the municipality 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 only after publication of notice of such hearing in a newspaper having a bona fide circulation in the county wherein the i said property is located for one (1) insertion per week for four (4) consecu- r tive weeks; the determination of said governing body being subject to appeal by the property owner in the Chancery Court; and the amount so determined at said hearing, plus ten percentum (10%) penalty for collection, shall be by the gov- erning body of the municipality certified to the tax collector of the county wherein said municipality is located, and by him placed on the tax books as de- linquent taxes, and collected accordingly, and the amount, less three percentum (3%) thereof, when so collected shall be paid to the municipality by the county ) tax collector. 1 Section 9. In the event it is deemed advisable by the City Council that a particular house, building and/or structure be judicially declared to be a nuisance by a Court having jurisdiction of such matters, the City Council is hereby authorized to employ an attorney to bring such an action for said pur- pose in the name of the City, and the only notice to be given to the owner or owners of any such house, building and/or structure sought to be judicially • declared to be a nuisance will be that as now provided for by law in such cases in a court of equity or Chancery Court. When any such house, building and/or structure has been declared judicially to be a nuisance by a Court of competent jurisdiction a fine of One Hundred Dollars ($100.00) is hereby imposed against the owner or owners thereof from the date said finding is made by the Court and for each day thereafter said nuisance be not abated constitutes a separate off- ense. In the event the owner or owners of any such house, building and/or structure judicially found to be a nuisance fails or refuses to abide by the orders of the Court, the Building Inspector or other person or persons referred to in Section 5 of this ordinance will take such action as provided in Section 6 hereof, and Section 7 of this ordinance will be applicable to such owner or owners. The provisions contained in the immediately preceding sentence apply independently of any action as may be taken by the Court judicially declaring the nuisance. Section 10. If, for any reason, any portion of this ordinance be held to be invalid; such invalidity shall in no way affect the remaining portions thereof which are valid, but such valid portions shall be and remain in full force and effect. I Section 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. / PASSED and APPROVED this l day of CPT-C/rlGC 1990. I i im Shirre 1 , Mayor ® ATTEST: Larry Williams, City Clerk • I I