ORD NO 12-2020 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. !a-2020
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 26-1997,
SECTION 7, (VAN BUREN MUNICIPAL CODE SECTION 11.28.07
(C)) FOR THE PURPOSE OF AMENDING PROPERTY CLEAN-UP
NOTICE PROCEDURES,AND DECLARING AN EMERGENCY.
WHEREAS, A.C.A. 14-54-901 empowers incorporated towns and cities of the first and second
class to order the owner of lots and other real property within their towns or cities
to cut weeds; to remove garbage, rubbish, and other unsightly and unsanitary
articles and things upon the property; and to eliminate, fill up, or remove stagnant
pools of water or any other unsanitary thing,place, or condition; and
WHEREAS, A.C.A. 14-54-902 (d)provides a clean-up notice process for subsequent violations
of a specific violation within the same calendar year; and
WHEREAS, Ordinance No. 26-1997 established regulations to require the maintenance of real
property and for the abatement of nuisances within the city; and
WHEREAS, it is necessary to amend Section 7 of Ordinance No. 26-1997 to be consistent with
A.C.A. 14-54-902 (d).
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN,ARKANSAS, THAT:
SECTION 1: Section 7 of Ordinance No. 26-1997, is hereby amended as follows:
A clean-up notice issued to an owner or occupant for abatement of a specific
violation of conditions set out in sub-sections(a),(b),(c),and(d)of Section 2 above
shall remain in full force and effect within the same calendar year in which the
notice was issued and shall be considered sufficient notice to said owner or
occupant of any subsequent violation of that specific violation occurring on that
owner's or occupant's lot or other real property within that calendar year. Any
subsequent violation of that specific violation occurring within the calendar year
on 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. The clean-up notice shall advise the owner or occupant that should they
fail to comply with the clean-up notice no subsequent notices will be issued and
that the City will continue to abate the violation throughout the same calendar year
and that the costs of such action shall be so charged and collected.
C
SECTION 2: The provisions of this ordinance are hereby declared to be severable and if any
section, phrase, provision, or application shall be declared or held invalid, such
invalidity shall not affect the remainder of the sections,phrases, provisions, or
applications.
SECTION 3: The passage and approval of these amendments is necessary to cause the Van
Buren city ordinances to be consistent with Arkansas law which will further
benefit the City and its citizens with proper enforcement of the City's nuisance
abatement Ordinance. Therefore, an emergency is declared to exist and this
Ordinance, being necessary for the preservation of the public health, safety and/or
welfare shall be in full force and take effect immediately upon after its passage.
IN WITNESS WHEREOF,the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of (D for and b against the foregoing Ordinance at its
regular meeting held on the 27th day of April 2020.
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Josef'. urst
Mayor
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City Clerk/Treasurer City Attorney
City of Van Buren, Arkansas
Municipal ex
111 North 12th Street • Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY, PLANNING DIRECTOR
SUBJECT: PROPERTY CLEAN-UP NOTICE PROCEDURES
DATE: APRIL 6, 2020
I have been working with the Code Enforcement staff to review current procedures and practices
with regard to Code Enforcement. This effort is a result of the initiative to create a greater focus
on property clean-up issues with the intent of improving our neighborhoods and the City's
appearance.
Van Buren City Ordinance No. 26-97 established regulations requiring the maintenance of real
property and for the abatement of nuisances within the City. Section 7 of the Ordinance includes
specific requirements concerning the clean-up notice that is issued to property owners or
occupants. Arkansas Code (A.C.A. 14-54-902 (d))provides direction on the requirements of a
clean-up notice.
I found the clean-up notice procedure described in Section 7 of the Van Buren City Ordinance is
not consistent with the Arkansas Code. The City Ordinance says "a clean-up notice shall remain
in full force and effect for a period of twelve (12) months and shall be considered sufficient
notice to said owner or occupant of any recurring violation". While the Arkansas Code says
"notice for a subsequent violation of that specific violation within the same calendar year shall
not be required before the issuance of a citation".
The two most important differences are (1)the City Code says the clean-up notice remains in full
force and effect for a period of"twelve (12) months" but the time frame in the Arkansas Code is
specified as the "same calendar year"; and, (2)the Arkansas Code states that continuation of the
one-time clean-up notice must be for a"subsequent violation of that specific violation"the City
Ordinance says the notice is for"any recurring violations".
Attached is a page that shows the complete text of Section 7 of the City Ordinance and A.C.A.
14-54-902(d), and the revised text using legislative format showing the changes to the current
City Ordinance.
An Ordinance has been prepared with the necessary changes to the City Code making it
consistent with the Arkansas Code.
Please contact me if you have any questions.
Van Buren Municipal Code Section 11.28.07 (C )
A clean-up notice issued to an owner or occupant for abatement of conditions set 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 be 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 (2)month period
on 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. (Ord. No. 26-97,
Sec. 7.)
A.C.A. 14-54-902 (d)
Notwithstanding any other provision of law, after a notice has been issued for a specific violation
of an order under 14-54-901 directing an owner to eliminate a condition on the owner's property,
an additional notice for a subsequent violation of that specific violation within the same calendar
year shall not be required before the issuance of a citation.
Van Buren Municipal Code Section 11.28.07 (C ) Proposed Revisions
A clean-up notice issued to an owner or occupant for abatement of a specific violation of
conditions set out in sub-sections (a), (b), (c), and (d) of Section 2 above shall remain in full
force and effect within the same calendar year in which the notice was issued a period twelve
(12)months and shall be considered sufficient notice to said owner or occupant of any
subsequent recurring violation of that specific violation occurring on that owner's or occupant's
lot or other real propertywithin that calendar year. - - -• : • - :- '::. Any further
subsequent violation of that specific violation occurring within the calendar year twelve (2)
on 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. The
clean-up notice shall advise the owner or occupant that should they fail to comply with the clean
up notice no subsequent notices will be issued and that the City will continue to abate the
violation throughout the calendar year and that the costs of such action shall be so charged and
collected.