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ORD NO 06-2022 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.Ob -2022 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE PROVIDING AUTHORITY TO CODE ENFORCEMENT OFFICERS AND INSPECTORS WHEREAS, A.C.A. Section 12-9-108(b)(3) permits cities to authorize inspectors and code enforcement officers, who have the duty of enforcing municipal codes, ordinances, or regulations,to issue citations for violations of the same,the City Council of Van Buren hereby adds such authority to the City Code: NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Any employee of the City of Van Buren designated as a code enforcement officer or inspector within the planning and zoning division, building safety division, neighborhood service division and animal control division, who has the duty of enforcing municipal codes, ordinances or regulations related to their division is authorized to issue to an offender either a citation to appear in district court or a warning notice of offense for the violation of any ordinance or city code provision for which the employee has enforcement responsibility. SECTION 2: Citations for violations should be issued only when the violator is physically present at the time and place of violation. The violator shall be requested to sign the citation, but refusal to sign shall not relieve the violator of the obligation to appear in court as specified on the citation,and the issuing code enforcement officer inspector shall note upon the citation any refusal by the violator to sign. SECTION 3: A warning notice of offense should be used in instances where the violator is not physically present to receive a citation. A warning notice of offense shall be served either by mailing a copy thereof to the violator by any form of mail or by posting a copy thereof upon the property of the violator which forms a basis for the violation. If the violation is not corrected within the time frame specified by the code enforcement office or inspector, as instructed on such warning notice of violation, the code enforcement office or inspector shall swear out a complaint with the prosecuting attorney for the purpose of obtaining a criminal citation. SECTION 4: Both the citation form and the warning notice of offense shall state the name and address of the violator and the date of violation, shall contain the statement of the nature of the violation, and shall be signed by the code enforcement officer or inspector having knowledge of such violation. SECTION 5: Nothing in this ordinance shall prohibit the exercise of authority by police personnel,the use of discretionary warning tickets, or the use of a separate form of parking ticket or uniform ticket by police personnel. SECTION 6: It is determined an emergency exits and this ordinance is necessary to preserve public safety. Therefore, an emergency is declared, and this ordinance shall be in full force and effect from passage. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council did pass,approve,and adopt, by vote of 6 for and 0 against,the foregoing Ordinance at its regular meeting held on the 28th day of February 2022. oseph . urst ao ATTESTED: APPROVED AS TO FORM: Phyl is Thomas Jac owell City Clerk/Treasurer City Attorney i s i i B E r i a` 4 p� Sa