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ORD NO 26-1997 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. Z -1997 AN ORDINANCE REQUIRING THE MAINTENANCE OF REAL PROPERTY AND PROVIDING FOR THE CONDEMNATION OF STRUCTURES FOR THE PURPOSE OF ABATEMENT OF NUISANCES WITHIN THE CITY. 1VHEREAS, It is the desire of the City Council to establish regulations and guidelines for the maintenance of real Property within the City and to establish procedures for enforcing the abatement of nuisances within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION l: .Purpose. The purpose of this ordinance is to implement and enforce the police powers of the City for the abatement of dangerous, unsightly and unsanitary conditions constituting a public nuisance which may exist upon real property located within the city limits; and also to implement and enforce the police powers of thc City to require, by condemnation, thc repair or removal of houses, building and /or structures which, due to their dilapidated and unsafe condition, constitute a public nuisance. SECTION 2: Prohibited Acts. (a) It shall he. unlawful for any property owner, or occupant of any real property located within the City of Van Buren to fail or refuse to cut- weeds, grass or dead or dying trees, to fail or refuse to remove garbage, rubbish and other unsightly and unsanitary articles and things from the real property, to fail or refuse to abate fire and flooding hazards, or to fail or refuse to 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. (h) It shall he unlawful for any property owner, or occupant of any real property located within the City of Van Buren to allow, either by permission or omission, the dumping or accumulation of any trash, litter, garbage. debris or refuse upon the real property by other parties either known or unknown or to fail and refuse to remove all trash, litter, garbage, 1 debris or refuse which is unsightly or which may endanger public health. (c) It shall he unlawful for any property owner, or occupant of any real property located within the City of Van Buren, Arkansas to use said real property for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish or similar items or to fail or refuse to remove such items from the property. For the purposes of this Ordinance, and "abandoned motor vehicle" is defined as one that is in a state of disrepair and incapable of being moved under its own power. However, this section shall not be in force as to a commercial enterprise duly licensed and permitted to carry on a business in the storage of such items on a tract property zoned for such business and complying with any and all other conditions required for the lawful functioning of such business. (d) It shall be unlawful for any property owner, or occupant of any real property located within the City of Van Buren to allow, either by permission or omission, any of the conditions set out in sub- paragraphs (a), (h) and (c) above, upon any alleys, utility casements, rights -of -way and /or casements (including ditches) adjoining the real property. (e) It shall be unlawful for any owner to fail or refuse to repair, remove or raze any house, building and/or structure which has deteriorated to such a condition, or has been damaged to such an extent, as to he dilapidated, unsightly, unsafe, unsanitary, obnoxious or to constitute a fire hazard or in other manner be detrimental to the public welfare to such a degree as to found and declared a nuisance by the City, (f) lt.shall he unlawfid for any owner and /or occupant to cause, create, permit or cause to occur within the City of Van Buren, Arkansas any nuisance, including not limited to those listed above in this Section, on property owned or occupied by any person, and each day such nuisance is permitted to remain, after notice from the City for the abatement thereof, shall subject the person or persons responsible for the nonahatcment of such nuisance to punishment as providedby this Ordinance. SECTION .3: Guidelines Regarding the cutting and removal of weeds, grasses and trees, owners and occupants of real property located within the City of Van Buren, Arkansas shall be governed by the following g uidelincs: a (a) Except as otherwise provided, all lands, whether nr not platted and/or subdivided, which have never been cleared or developed and which remain in their natural state, including, hut not limited. to, undeveloped open spaces such as meadows or similar lands which can he used for grazing or forage, may he maintained in their undeveloped, natural state, provided, however, that weeds, grasses or trees must he cut. or removed if such vegetation blocks pedestrian or vehicular vision or traffic. (h) All property, except those described in sub- section (a) above, shall be maintained so.that :weds and grasses thereon ,shall not exceed six (6) inches in height. (c) The owners and occupants of all property, except those, descrihed in sub- paragraph (a) above, shall maintain all unopened street rights -of -ways, easements for streets, utility, drainage, walking or other purposes, unopened alleys and opened alleys, other than the portion of same used for vehicular traffic, which adjoin said owner' or occupants' property so that weeds and grasses shall not exceed six (6) inches in height- If any such right -of -way, easement or alley is adjoined by the properties of two (2) property owners, then each owner or occupant shall maintain. such right -of -way, casement or alley to the midpoint thereof. (d) The owners or occupants of all lands shall remove or cause to he removed all dead or dying trees and dead parts of living trees from such lands when such dead or dying trees or dead parts of trees shall constitute a hazard to personal safety or property due to the imminent possibility of their falling upon or being blown upon public property or property of other owners, or when such trees, because of disease or decay, constitute. a nuisance and /or imminent health threat to other trees located on public property of property of other owners (e) After the cutting of tall weeds, rank grasses or other vegetation, if the resulting yard waste itself creates or constitutes a condition which is unsafe, unsanitary, dangerous, unsightly or a fire hazard, said yard waste shall also he required to he removed from the property.. SECTION 4: Removal After Disaster. If any property owner shall suffer the loss, either total or partial, of a house by fire or tornado, it shall he the duty of the Code Enforcement Officer to immediately notify, in uvriting, the property 3 owner to remove all debris from the lot. It shall he the duty of the property owner within fifteen days from receipt of such notice to remove all debris or refiisc. on said lot. The notice required under this Section is separate from the Notice required by Section 7 below. SECTIU)N.5: Railroads All railroad companies operating within the city limits of the City of Van Duren, Arkansas shall maintain their rights -of -way at or around any railroad crossing with a puhlic street, alley or other puhlic way free from weeds, grasses, trees, hushes, shrubs and other growing vegetation which may obstruct the view of pedestrians and vehicle operators using the puhlic ways, for a distance of one hundred (100) yards in all right -of -way directions from such railroad crossings. Further, all such railroad companies shall maintain their rights -of- way so that weeds and grasses thereon shall not exceed six (6) inches in height. SECTION 6: inspection. No notice ns dcscrihcd in Section 7 below, shall he issued to any owner or occupant until a through inspection of the condition of the relevant real property and /or- structure has been conducted by the Code Enforcement Officer, or other designated representative of the Mayor, and that official (or officials) determined that the existing condition of the real property and /or structure constitutes a substantial health, fire, flooding, safety or aesthetic hazard or determent to the well -being of the inhabitants of the City. SECTION 7: Notice (a) Upon the determination that a property's or structure's condition is in violation of this Ordinance, the Code Enforcement Officer, or other designated official, shall issue a clean -up Notice upon the owner or occupant of properties found in violation of sub- sections (n), (h), (c) and (d) of Section 2 above; and upon the owner of structures found in violation of sub- section (e) of Section 2 above. The Notice shall he in writing, signed by the Codc Enforcement Officer, or other designated official, and delivered to the owner and /or occupant of the property. The Notice shall he delivered to the forernentioned parties in one (1) of the following two (2) methods: (1) By certified mail, return receipt requested, or (2) By personal delivery by a city officer nr employee, who may he, hut does not have to he, an employee of the Police Department. 0 4 The Notice shall state the, conditions on the. subject real property or structure which are ordered abated and the Notice shall advise the deliverce that, if the conditions listed in the Notice have not been abated within (7) days, the City may proceed with a criminal charge pursuant to Section 8(h) below and /or shall proceed according to the provisions of this Ordinance and other valid legislative enactments- to abate the listed conditions and that the costs of such action shall he charged to the owner of the subject property, shall constitute a lien on such property and may he collected as arc real property taxes. (h) In case tho owner of any lot, structure, or other real property is unknown or the owner's whereabouts are not known or such owner is a non resident of this State, then a copy of the written Notice, referred to above shall he posted in a conspicuous place, upon the. premises. Further, the. City Clerk shall make an Affidavit setting out the facts as to the unknown address or whereabouts of the non resident owner. After the execution of the Affidavit by the. City Clerk, service by publication, as now provided for by law against non resident defendants, may he had upon the non- resident owner and an Attorney- ad-Litem shall he appointed to notify the non resident owner by registered letter addressed to his last known place. of residence if same can be found. (c) A clean -up Notice issued to an owner or occupant for abatement of conditions sct out in sub- sections (a), (b), (c), and (d) of Section 2 above shall remain in full force and effect for a period of twelve (12) months and shall he considered sufficient notice to said owner or occupant of any recurring violations occurring on that owner's or occupant's lot or other real property' within that twelve (12) month period. Any further violations occurring within the twelve (12) month period nn the owner's or occupant's lot or other real property upon which notice has been served•shall subject the owner or occupant to the penalties set out within this Ordinance. SECTION 8: Enforcement of Ordinance (a) Civil enforcement. (1) Clean -up of lots. In the event the owner and /nr occupant of any real property, who is given a Notice to abate a condition or conditions pursuant to sub- sections (a), (h), (c) and (d) of Section 2 ahovc, shall fail or refuse. to so comply with such Notice. within the time specified therein, the. Mayor may authorize. City staff, or private, persons hired for that purpose, to enter upon the. property and have said weeds, 5 rank grass or other vegetation cut and removed, or eliminate any unsanitary and unsightly condition, and the cost thereof, as determined according the procedures set out this Ordinance, shall he charged against said premises and shall constitute a lien thereon. (2) Condemnation of structures. in the event the owner of any real property, who is given a Notice to abate a condition pursuant to sub- section (c) of Section 2 nhovc, shall fail or refuse t s comply with such Notice within the time specified therein, the Code Enforcement Officer shall initiate proceedings to have thc house, building and/or structure condemned. (A) The property owner shall he given a written Notice of Condemnation Proceedings, signed by the Code Enforcement Officer, ,which shall give an adequate description of the house, building and /or stricture; the name: or names, if known, of the owner or nsvncrs thereof; shall Get fnrth the reason or reasons said house, building and/or structure is considered in non compliance with this Ordinance, the legal consequences of falling or refusing to abate the offensive condition, and shall state the date, time and place of the City Council Meeting at which the issue of the condemnation of the propert shall he addressed. The Notice of Condemnation Proceedings ,shall he delivered to the owner or owners in one (1) of the following two (2) methods: (1) By certified mail, return receipt. requested, or (2) By personal delivery by a city officer or employee, who may be, but does not have to h_ c, an empinycc of the Police Department. (Y) In case the owner of any Int, stricture nr other real property is unknown or the owner's whereabouts are not known or such owner is a non- resident of this State, then a Notice copy of the written r of Condemnation Proceedings referred to above shall he posted in a conspicuous place upon the premises. Further, the City Clerk shall make an Affidavit settin out the farts as to the unknown address or whereabouts of the non-resident owner. After the exe:cotion of thc Affidavit by the City Clerk, service hy publication, as now provided for by laG, against non resident defendants, may be had upon the nnn -resident owner and an Attorney -ad- Litcm shall be appointed to notify the non resident owner hy rcgisrered letter addressed to his last known place of residence if same can be found. If appropriate, at the nation 6 of the City, the timing and procedure used for service of the initial clean -up Notice and the Notice. of Condemnation Proceedings -may he combined. for the purpose of utilizing the Affidavit of the City Clerk, the. service by publication and the service of the Attorney ad (item so that such Notices may he sensed upon the non resident owner or owners simultaneously. (C) At the City Council Meeting specified in the Notice of Condemnation Proceedings, the City Council shall make a determination as to whether the. condition of the said house, huilding and /or structure is in compliance.with the provisions of this Ordinance or whether the said house, huilding and /or structure constitutes a nuisance.. In the event. the City Council determines the house, huilding and/or structure is .a. nuisance, the City Council shall pass a Resolution declaring the said house, huilding and/or structure to he a nuisance and condemning the property. The Resolution condemning any house, huilding and/or structure.which constitutes a nuisance shall include in said Resolution an adequate description of the house, huilding and/or structure; the name or names, if known, of the owner or owners thereof; shall set forth the reason or reasons said house, huilding and /or structure is or has been condemned as a nuisance, (D) After a house, huilding and /or structure has been found and declared to he a nuisance and condemned by Resolution as herein provided, a true or certified. copy of said Resolution shall he mailed to the owner or owners thereof if the whereabouts of said owner or owners thereof he known or their last known address -be known, and a copy thereof shall he posted at. a conspicuous place on said house, huilding and/or structure. Provided, that if the owner or owmcrs of said house, huilding and/or structure. be unknown or if his or their whereabouts or last known address he unknown, the posting of the copy of said Resolution as hercinahove_ provided will suffice as notice. (E) If the house, huilding and/or structure constituting a nuisance has not heen repaired, torn down or removed, or said nuisance otherwise abated, within thirty (30) days after posting the, true copy of the Resolution at a conspicuous place on said house, huilding and /or structure_ as provided above, then the said house, huilding and /or structure. may he torn down and/or removed by the: City or its authorized representative and the cost thereof, as determined according the procedures set out in this Ordinance, shall he charged 7 against, said premises and shall constitute a lien thereon. (F) The City employee, or any other person or persons, designated by thee. Mayor 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 houe, building and/or structure nr any saleable material thereof, by public sale to the highest bidder for cash, ten (10) days notice thereof being first given by one publication in some newspaper having a general circulation in the City, to insure its removal and the abatement of the nuisance. (G) 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 he paid by the person or persnns collecting the same_, to the City Clerk. if any such house. building and /or structure, or the saleable materials thereof. he sold for an amount which exceeds all costs incidental to the abatement of the nuisance (including the cleaning, up of the premises) by the City, plus any fine or fines imposed, the balance thereof will he returned by the City Clerk to the former owner or owners of such house, building and /or structure_ constituting the nuisance (h) Criminal enforcement. (1)In additinn to the civil enforcement procedures sct out herein, in the event the owner and/or occupant of any real property, who is given a Notice to :abate a condition pursuant to provisions of this Ordinance, shall fail or refuse to so comply with such Notice within the period of time established for compliance by such Notice, said owner and /or occupant may he issued a Citation by the Code Enforcement Officer to uproar in the Van Buren Municipal Court and upon conviction thereof shall he deemed guilty of a misdemeanor and shall he subect to a fine of not less than Twenty -Five. Dollars ($25.00) and each day that such owner and /or occupant refuses to comply with the Notice after the expiration of the time .limit provided, shall he considered a separate offense and he subject to the same fine as set out herein, (2) In the event the owner and /or occupant on any real 8 property which is in violation of the provisions of this Ordinance, shall fail or refuse to abate the offensive condition or conditions and /or fail or refuse to abide by the orders of the Municipal Court, the City may also take such civil actions as are provided under sub- section (a) of this Section. SECTION 9: Enforcement of.Licn If the City has incurred any costs in the clean -up of a lot or has incurred any net costs in the removal of any house, building and /or structure, the City shall have a lien upon said property as provided by A.C.A. ;14 -44 -904, The lien imposed for either occurrence may h .enforced 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_, hy an action in the Chancery court; or, (h) The, amount of the lien herein provided may he 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 he known, and if the name .of the owner or owners cannot he determined, then only after publication of notice of such hearing in a newspaper having a hona fide circulation in Crawford County for one (1) insertion per week for four (4) consecutive. weeks. The determination of the City Council is subject to appeal by the property owner or owners in the Chancery Court. The amount. so determined at said hearing, plus ten perccntum (10 penalty for collection, shall be certified by the City Council to the Crawford County Tax Co!!cctor, and by that official placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less three perccntum (3 thereof, when so collected shall he paid to the City of Van Buren hy the Crawford County Tax Collector, SECTION 10: Supplemental to Codes. The nuisance- abatement regulations and .cnforecmcnt. procedures set out within this Ordinance, arc supplemental to any other public welfare technical codes, including but not limited to, building, fire, life safety, plumbing, electrical and mechanical codes, and the enforcement provisions of.such.codes. SECTION II; cvcrabillty 9 if for any reason, any portion of this Ordinance is held to he 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. SECTION 12: Prior Ordinances Repealed. Alt =nces or parts of ordinance` in conflict herewith are hereby %1i8C1. SECTION 13: Emergency Cilause It is urgent that thc City of Van Buren have comprehensive and Viable codes to enforce the abatement of nuisances existing on real property within the City in order to protect the health and safe ~r of its citizens and th pr o f pr within the City, there`: an emergenc is declared to exist and this Ordinance being Tle CCSSDry for the immediate protection of thc public mace, health and safety shall take effect immediately on its passage and approval. PASSEL) AND APPROVED THIS 7 DAY OF' No 6 /e51-fr A7C2 1997. "S* u Lath. MAYOR �N� PITT !�S LSiJ tS.L. CITY CLERWEREASITRER 10