HomeMy WebLinkAbout1993-11-02 BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS
ORDINANCE NO. 93-.IJ;,A . Jl
AN ORDINANCE REQUIRING PREMISES TO BE KEPT FREE FROM
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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 BATESVILLE,
ARKANSAS:
SECTION 1 . All property owners within the City of
Batesville, 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 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.
SECTION 2 . If the owner or owners of any lot or other real
property within the City of Batesville after the giving of seven
( 7 ) days ' notice in writing by the Code Enforcement Officer shall
refuse or neglect to perform the duties in connection with his or
their property as specified in Section 1 hereof, the Batesville
Code enforcement officer, or his designee, is hereby authorized
to enter upon the property and have said weeds, rank grass or
other vegetation cut and removed, or eliminate any unsanitary and
unsightly condition, and the cost thereof shall be charged
against said premises and shall constitute a lien thereon.
SECTION 3. 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
hereinabove referred to shall be posted upon the premises and
before any action to enforce such lien shall be had, the (City
Clerk or Recorder) shall make an affidavit setting out the facts
as to unknown address or whereabouts of nonresidents, and
thereupon service of publication as now provided for by law
against nonresident defendant may be had and an attorney ad litem
shall be appointed to notify the defendant by registered letter
addressed to his last known place of residence if same can be
found.
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 or owners of 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 after publication of notice of
such hearing in a newspaper having a bona fide circulation in
Independence County for one ( 1 ) insertion per week for four (4 )
consecutive weeks; and the amount so determined at said hearing,
plus ten percentum ( 10%) penalty for collection, shall be
certified by the City Council to the Independence County Tax
Collector, and by him placed on the tax books as delinquent
taxes, and collected accordingly, and the amount, less three
percentum ( 30) thereof, when so collected shall be paid to the
City of Batesville.
SECTION 5. This ordinance specifically amends Sections
5 . 08 . 01 through Section 5 . 05 . 04 of the Batesville Municipal Code,
but does not amend or repeal Ordinance #967 of 1981 .
SECTION 6 . All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 7 . It has been determined that this ordinance is
necessary and is vital to the health, welfare and safety of the
public, therefore, an emergency is hereby declared to exist and
this ordinanc shall be in full force and effect from and after
its passag a d appro
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APPROVED: (Mayor)
DATED: Q�:1:;1}:�'; . . I,f Q3
ATTEST: ��:�: . : .�c� '•7(i; , (City of Clerk or Recorder)