ORD NO 04-1990 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. T -1990
AN ORDINANCE AMENDING VAN BUREN MUNICIPAL CODE, CHAPTER 5.04
REGULATING THE MAINTENANCE OF REAL PROPERTY WITHIN THE CITY
OF VAN BUREN, ARKANSAS.
WHEREAS, State Statutes now authorize modifications in
the notice requirements to offending property owners; and,
WHEREAS, it is necessary to amend the Van Buren City
Code, Chapter 5.04 to reflect these authorized modifications.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS.
SECTION 1: That Chapter 5.04 of the Van Buren Municipal
Code shall be amended to read as follows:
5.04.01 Unsightly or unsanitary conditions on real property
All property owners within Van Buren are 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 things, place or condition which might
become a breeding place for mosquitoes, flies and germs harmful
to the health of the community.
5.04.02 Vacant Lots
Property owners are prohibited from permitting the
accumulation of debris upon vacant lots in Van Buren. It
shall be the duty of the property owners to remove all debris
or refuse which is unsightly, or which may endanger public
health if and when notified by the Clerk /Treasurer.
5.04.03 Notice required
If the owner or owners of any lot or other real property
within the City, after the giving of seven (7) days notice
in writing by the City, shall refuse or neglect to perform
the duties in connection with his or their property as specified
in Sections 5.04.04, 5.04.02 and 5.12.01, the City is 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 shall be charged against
the premises and shall constitute a lien thereon.
5.04.04 Notification of unknown real property owner
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, a copy of the written notice referred to shall
be posted upon the premises before any action to enforce the
lien shall be had, the Clerk /Treasurer shall make an affidavit
setting out the facts as to unknown address or whereabouts
of nonresidents, and 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.
5.04.05 Duration of notice
Said notice to any owner as set out in Sections 5.04.03
and 5.04.04 above, shall remain in full force and affect for
a period of twelve (12) months and shall be considered sufficient
notice to said owner or owners, of other violations occuring
on that owner's lot or other real property within that twelve
(12) month period. Any further violations occuring within
the twelve (12) month period on the owner's lot or other real
property upon which notice has been served, shall subject
the owner to the penalties set out herein.
5.04.06 Enforcement of lien and collection of cost
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 for 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 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 Crawford 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 Crawford County
Tax Collector, and by him placed on 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 of Van Buren.
5.04.07 Inspections
The Building Inspector is specifically charged with
the enforcement of this chapter and he shall make monthly
inspection trips and such other trips as may be necessary
throughout the confines of Van Buren and for any unsightly
or unsanitary condition or conditions that he may find he
will have the Clerk /Treasurer write to the owner or owners
of any lot or other real property, stating the date of his
inspection, the condition or conditions that must be corrected
and if not corrected within seven (7) days the Clerk /Treasurer
will take steps to remove, abate or eliminate said condition
or conditions and the cost will constitute a lien on said
lot or other real property.
5.04.08 Requirement to remove debris after disaster
If any property owner shall suffer the loss, either
total or partial, of a house by fire or tornado, it shall
be the duty of the Clerk /Treasurer to immediately notify,
in writing, the property owner to remove all debris from the
lot. It shall be the duty of the property owner within fifteen
(15) days from receipt of such notice to remove all debris
or refuse on said lot.
5.04.09 Removal of dangerous trees and limbs
Property owners shall not permit the encroachment onto
or over another's property, trees or limbs thereof which are
diseased or dead and which, because of said state, constitutes
a danger to the health or safety of any individual, or poses
a threat of damage to the property of another. It shall be
the duty of the Clerk /Treasurer to notify, in writing, the
property owner to remove said diseased or dead tree, or limbs
thereof. It shall be the duty of the property owner within
fifteen (15) days from receipt of such notice to remove the
offending tree, or limbs thereof.
5.05.10 Penalties
In addition, or as an alternative to the City's authority
to levy, enforce and collect liens against real property as
set out in Section 5.04.03 and 5.04.06, if any propery owner
shall fail or refuse to correct the offending conditions set
forth in Sections 5.04.01, 5.04.02, 5.04.08 and 5.04.09, within
the times fixed by this chapter after receiving such notice
from the Clerk /Treasurer, he shall upon conviction, be fined
in the sum of not less than Twenty -Five Dollars ($25.00) and
each day that such property owner refuses to comply with this
chapter after the expiration of the time limit provided, shall
be considered a separate offense.
SECTION 2: That due to unsightly and unsanitary conditions
that exist in the City of Van Buren, Arkansas, an emergency
is therefore declared and this Ordinance being necessary for
the preservation of the public peace, health and safety shall
be in full force and effect from and after its passage, approval
and publication.
PASSED AND APPROVED this 19th day of February, 1990.
MAYOR
Attested:
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L.RK /TREASOR R