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AN ORDINANCE PROVIDING FOR THE CONDEMNATION AND REMOVAL OF HOUSE, AND BUILDINGS AND/OR STRUCTURES CONSTITUTING A NUISANCE WITHIN THE CORPORATE LIMITS; PROVIDING FOR A LIEN ON THE PROPERTY; PROVIDING A PENALTY THEREFORE, AND FOR OTHER PURPOSES. (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-89:1325 ON FEBRUARY 6, 1989; ORD-89:1316 ON APRIL 3, 1989)
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NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
SECTION 1: That it shall be and it is hereby declared to be unlawful for any persons, partnerships, corporation or association, to own, keep or maintain any house, building, and/or structure within the corporation of the City of Jonesboro, Arkansas which constitutes a nuisance by Resolution of the City Council.
SECTION 2: That any such house, building, and/or structure which is found and declared to be a nuisance by Resolution of the City Council will be condemned to insure the removal thereof as therein provided.
SECTION 3: That the Resolution of the City Council condemning any house, building, and/or structure which constitutes a nuisance will include in said Resolution an adequate description of the house, building, and/or structure; the name or names, if known, of the owner or owners thereof; and shall set forth the reason or reasons said house, building, and/or structure is or has been condemned as a nuisance.
SECTION 4: After a house, building, and/or any other structure has been found and declared to be a nuisance and condemned by Resolution as herein provided, a true or certified copy of said Resolution will be mailed to the owner or owners thereof; if the whereabouts of said owner or owners thereof; be known or their last known address be known, and a copy thereof shall be posted at a conspicuous place on said house, building and/or structure. Provided, that if the owner or owners of said house, building and/or structure be unknown or if his or their whereabouts or last known address be unknown, the posting of the copy of said Resolution as hereinabove provided will suffice as notice.
SECTION 5: If the house, building and/or structure constituting a nuisance has not been torn down and 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, building and/or structure constituting the nuisance will be torn down and/or removed by the Code Enforcement Office or his duly designated representative.
SECTION 6: The Code Enforcement Officer or any other person or persons designated by him to tear down and/or 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 such house, building and/or structure, or any saleable material thereof, by public sale to the highest bidder for cash, ten (10) days notice 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.
SECTION 7: 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 be paid by the person or persons collecting the same to the City Collector. If any such house, building and/or structure, or the saleable materials thereof, be 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
be returned by the City Collector to the former owner or owners of such house, building and/or
structure constituting the nuisance.
SECTION 8: If the City has any net costs in removal of any house, building and/or structure, the City shall have a lien on the property as provided by Section 1 of Act 80 of 1983. The lien may be 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, by an action in the Chancery Court: or,
(B) The amount of the lien herein provided may be determined at a hearing before the governing body of the municipality 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 only after publication of notice of such hearing in a newspaper having a bona fide circulation in the county wherein the said property is located for one (1) insertion per week for four (4) consecutive weeks; the determination of said governing body being subject to appeal by the property owner in the Chancery Court; and amount so determined at said hearing, plus ten percentum (10%) penalty for collection, shall be by the governing body of the municipality, certified by the Tax Collector of the county wherein said municipality is located, 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 municipality by the county tax collector.
SECTION 9: A fine of not less that Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) is hereby imposed against the owner or owners of any house, building and/or structure found and declared to be a nuisance and for each day thereafter said nuisance be not abated constitutes a separate and district offense punishable by a fine of two Hundred Fifty Dollars ($250.00) for each said separate and district offense, provided the notice as herein provided in Section 4 hereof has been given within ten (10) days after said house, building and/or structure has been by Resolution fund and declared to be a nuisance.
SECTION 10: In the event it is deemed advisable by the City Council that a particular house, building and/or structure be judicially declared to be a nuisance by a Court having jurisdiction of such matters, the City Council is hereby authorized to employ an attorney to bring such an action for said purpose in the name of the City, and the only notice to be given to the owner or owners of any such house, building and/or owners of any such house, building and/or structure sought to be judicially declared to be a nuisance will be that as now provided for by law in such cases in a court of equality or Chancery Court. When any such house, building and/or structure has been declared judicially to be a nuisance by a Court of competent jurisdiction, a fine of Fifty Dollars ($50.00) is hereby imposed against the owner or owners thereof from the date said finding is made by the Court and for each day thereafter said nuisance be not abated constitutes a separate and distinct offense punishable by a fine of Fifty Dollars ($50.00) for each separate and distinct offence. In the event the owner or owners of such house, building and/or structure judicially found to be a nuisance fails or refuses to abide by the orders of the Court, the building Inspector or other person or persons referred to in Section 5 of this ordinance will take such action as provided in Section 6 hereof, and Section 7 of this ordinance will be applicable to such owner or owners. The provisions contained in the immediately preceding sentence apply independently of any action as may be taken by the Court judicially declaring the nuisance.
SECTION 11: If for any reason, any portion of this ordinance be held to be 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 13: Emergency Clause. Due to the need to enforce condemnation procedures for the protection of the public health and safety in the City of Jonesboro, an emergency is hereby declared to exist, and this ordinance shall take effect and be in force from and after its passage and approval.
PASSED AND ADOPTED this 3rd day of October, 1988.