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HomeMy WebLinkAbout1983-07-05 n. • ORDINANCE # �3_ I ' r AN ORDINANCE AMENDED SECTIONS 3 AND 4 OF ORDINANCE 907 AS FOUND IN SECTIONS 5 . 08 . 02 AND 5. 08 . 03 OF THE BATESVILLE MUNICIPAL CODE, SETTING OUT THE NOTICE REQUIREMENTS TO BE SENT TO THE OWNER OR OWNERS OF ANY REAL PROPERTY WHERE UNSIGHTLY OR UNSANITARY CONDITIONS EXIST UNLAWFULLY UNDER SECTION 5 . 08 .01 OF THE BATESVILLE MUNICIPAL CODE; AUTHORIZING THE CHIEF OF POLICE OR CHIEF LAW ENFORCEMENT OFFICER ASSIGNED TO THE CITY TO ENTER UPON SAID PROPERTY AND ELIMINATE SAID UNSIGHTLY OR UNSANITARY CONDITIONS; PROVIDING FOR A LIEN UPON SAID PROPERTY TO RECOVER THE COSTS OF SAID LOT CLEARANCE; ESTABLISHING AN ENFORCEMENT PROCEDURE FOR LIENS CREATED FOR THE COSTS TO THE CITY TO CLEAR UNSIGHTLY AND UNSANITARY CONDITIONS ON REAL PROPERTY; AN ; AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS : Section 1 : That Section 3 of Ordinance No. 907 as found in the Batesville Municipal Code as Section 5 . 08 . 02 is hereby amended to read as follows: "Section 5. 08 . 02 - Notice Required - If the owner or owners of any lot or other real property within • the City of Batesville, Arkansas , after the giving of twenty (20) days notice in writing by the Batesville City Clerk shall refuse or neglect to perform the duties in connection with his or their property as specified in Section 5. 08 . 01 and Section 5. 08 . 02 of this code , the Chief of Police or highest ranking officer assigned to the City is hereby authorized to enter upon the property and have said weeds , rank grass or other vegitation cut and removed or eliminate any unsightly and/or unsanitary condition and the cost thereof shall be charged against said premises or the owner thereof , and shall constitute a lien on said property. Provided further that where the condition consists of stagnant pools of water or other unsanitary thing , place or condition which might become a breeding place for mosquitos , flies and germs harmful to the health of the community, said notice to property owner or owners may be given in writing by any qualified medical doctor who has been duly appointed to act as city health officer of the City. " Section 2 : Section 4 of Ordinance 907 as found at Section 5. 08. 03 of the Batesville Municipal Code is hereby amended to read as follows: • "Section 4 - Enforcement of Lien - (1) the lien herein provided for may be determined, 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 courts; The lien applied for should be actual costs to the City, plus court costs plus attorney ' s fees and other collectible expenses, interest and all other relief the court may be able to grant; or (b) The amount of the lien herein provided • may be determined at a hearing before the City Council of the City of Batesville , Arkansas held after thirty (30) days written notice by certified mail to the owner or owners of the property, by the City Clerk , 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 a newspaper in having a bona fide circulation in Independence County for one (1) inser- tion per week for four (4) consecutive weeks ; the determination of said City Council being subject to appeal by the property owner to the Circuit Court ; and the amount so determined at said hearing plus ten percentum (10%) pen- alty for collection , shall be by the City Council of the City of Batesville, Arkansas , certified to the tax collect- or of Independence County, and by him placed upon the tax books as delinquent taxes and collected accordingly and the amount , less three percentum (3%) thereof when so collected shall be paid to the City by the County Tax Collector. " Section 3 : If any part or parts of this ordinance shall be de- clared unconstitutional or otherwise unlawful by any court of com- petent jurisdiction, then that part or parts of said ordinance declared to be unconstitutional or otherwise unlawful shall be severed from this ordinance and all other portions of this ord- inance shall remain in full force and effect as if those portions declared unlawful or unconstitutional were never a part thereof. PASSED and adopted this day of 1983 . APPROVED: ('Jim S irrel , Mayor ATTEST : Larry Wililiams, City Clerk I.