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ORD NO 11-1972 CITY OF VAN DUREN, ARKANSAS ORDINANCE 1972 AN ORDINANCE AUTHORIZING THE CITY OF VAN dUYEN, ARKANSAS TO RtLUIRE THE REMUVEABLE OF UNSIGHTLY AND UN5ANTIARY ARTICLES AND THINGS AND TO ELMINATE UNSIGHTLY AND UNSANITARY CONDITIONS WITHIN THE LIMITS OF THE CITY OF VAN BUREN, ARKANSAS, PRESCRIBING THE PROCEDURE TO i3E FCLLUWED, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. s) i NOW, THEREFORE RE IT RE`SOGV&D. BY THE CITY CGUNCIL OF THE CITY OF VAN DUREN, ARKANSAS. Section 1. Whonovur the Mayor, City Council, Police. Chief Fire Chief, or any other city official whuao duty iu to protect the welfare of thu community, in hie discrotion consicdors it nocoaoary, he is haroby ompowarod to order, in the nano and by tho authority of tho City of Van Duran, Arkaneaa, the ownor of any lot or lots or other real property within the acid city to out woods, rumovo garbajo, rubbish and other unsightly and unsanitary articles and things that may be upon said property, and to oliminata, fill up, or remove stagnant pools of water or any othor unsanitary things. placo or conition which might bccomo a brooding place for mosquitos; flies, and germ:; harm— ful to the health of the inhabitanto of. the community or constitute tiro hazard. Sactico; Said order shall bo in writing and shall eithar bo donvered to the ownor of the rota property invoiuod or aunt to him at his late kno oddroao by ordinary mail or dolivered or mailed to the peruno in poesossion of said proporty. In cost: tho ownor of any lot o.'i lots or ocher roal property is unknown or his whoroabouts is not known or ho is a non— residont of thu State than a copy of said ordor postod upon said said promises shall bo doomed sufficient notice to said ownor. Section 3. Said order shall give tha ownor 20 days to correct said condition or conditions. Suction 4. In the evont tha ownor of any lot or lots or other real property within said city, or thu parson in chargo of si+mo shall negloct or refuse to romovo, ebotu or oliminata any such condition or conditions as provided for in suction 1 of this ordinance after said 20 days notice, hu shall be guilty of a misdomoanor, and on conviction of any portion for such offense ho shall bo finod in any sum not laoa than 00.00, nor excaoding '350.00 Section 5. That ouch day aftor said twenty days will constituto a soparato offonso as long as the cinditions outlined in Section 1 of this ordinande aro allowad to oxiot. Section 6. If the ownor of any lot or othor real property within tho city limits of the City of Van Boron, Arkonoas shall nogloct or rafuso to rcmovc+, abate, or eliminate any such condition or condition:; as providud for in :section 1 horoof, aftor having boon given 20 dayo notice in writing to do so Chun in that event, tho City of Van Huron, is outhorizud to do Whatevwr in nucoasary to correct said condition and to charge tho cost there of to the owner or owners of ar,id lot or other roal property and the said City of Van Boron is haroby given a lieu against such property for such costs. Section 7. In case the owner of any lot or other real property is unknown or his where abquts is not known and he is a non resident of this state, then a copy of the written notice horeinbeforo roforrnd to shall be postod upon the premises and bafora an action to onforce such liou shall be had, the City Clork of the City of Van Buren shall maku an affidavit setting out tho facts ao to the unknown addross or where abouts of non resident owner or owners and there upon service by publication as now provided for by law against non- residant dafundants maybe had and an attorney ad litom shall bu appointed to notify such non- resident owner or ownors by registered letter addressed to tho last known place of rosedincu of such non resident owner or owners if same can be found. Suction B. Thu lieu herein provided for maybe enforce at any timo within 18 months after the work has been dons by action in the Chancery Court. Suction 9. All ordinencou, and parts of ordinances in conflict herewith are hereby repealed. Section 10. If any section, aootinca, sud division or clause of this ordinance is for any reason held invalid or to bo unconstitutional, such decision shall not affect the validity of the romaning portions of the ordinance Section 11. The powers vosted hereby in the City of Van Boron, Arkansaa shall be in addition to and cummulativo to any and all other powors of said City of Von Duren, Arkansas to enforce all laws and ordinances with respect to the betterment of public haalth of the inhabitants of said City. Section 12. That duo to unsightly and unsanitary conditions that exist in the City of Van Buren, Arkansas an emergency is Whoroforo declarod and tho ordinance being necessary for tho 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 4th day of August, 1972. 7 Mayor Fd agir City Clerk