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AN ORDINANCE PROVIDING FOR CONDEMNATION AND REPAIR REHABILITATION, SECURING, OR RAZING AND REMOVAL OF HOUSES, BUILDINGS, AND/OR STRUCTURES CONSTITUTING A NUISANCE WITHIN THE CORPORATE LIMITS; PROVIDING NOTICE PROCEDURES; PROVIDING FOR A LIEN ON THE PROPERTY; PROVIDING A PENALTY THEREFOR; AND FOR OTHER PURPOSES.
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NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Jonesboro, Arkansas, as follows:
SECTION 1: Nuisance Properties Unlawful. It shall be and it is hereby declared to be un1awful for any person or persons, partnership, corporation or association to own, keep or maintain any house, building and/or structure within the corporate limits of the City which constitutes a nuisance and which is found and declared to be a nuisance by resolution of the City Council.
SECTION 2: Condemnation for Abatement. 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 ensure the repair rehabilitation, securing, and/or razing and removal thereof as specified in the "Notice to Repair or Remove."
SECTION 3: Pre-condemnation Notice. Prior to the consideration of a resolution by the City Council declaring any house, building and/or structure as a nuisance, the owner of such house, building and/or structure shall be notified in writing of the date, time and place that the City Council will consider said resolution. Said notice shall be sent twenty days (20) prior to the date of the hearing and shall include a copy of the inspection report, by registered letter or personal service, the receipt of which shall be duly acknowledged. Should the owner(s) of any such house, building and/or structure not be known or the owner(s) whereabouts not be known or such owner(s) is a nonresident of Arkansas, then a copy of the written notice shall be posted upon the premises and the Mayor or his designee shall make an affidavit setting out the facts to unknown address or whereabouts of nonresidents and thereupon service by publication once a week for two consecutive weeks 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.
SECTION 4: Contents of Resolution and Notice. The resolution of the City Council condemning any house, building and/or structure which constitutes a nuisance will include in said resolution and attachments thereto, an adequate description of the house, building and/or structure; the name or names, if known, of the owner or owners thereof; notification of the requirements and penalties imposed by this ordinance, and shall set forth the reason or reasons said house, building and/or structure has been condemned as a nuisance.
SECTION 5: Post-condemnation Notice. After a house, building and/or 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 together with a Notice to Repair or Remove will be mailed to the owner or owners thereof if the whereabouts of said owner or owners thereof is known or their last-known address is 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 is unknown, or if his or their whereabouts or last-known address is unknown, the posting of the copy of said resolution as herein above provided will suffice as notice.
SECTION 6: Boarding and Securing. When necessary for the public health and safety, the owner(s) of all property declared a nuisance by the City Council shall board and secure the structure or condition within the time set forth in the notice. The owner(s) shall maintain such boarding or securing at all times until the structure is brought into full compliance with the applicab1e building or abatement codes or until such time as the structure is razed and removed. Boarding and securing of the structure or condition does not relieve the owner(s) of the requirement to diligently repair, rehabilitate or demolish and remove the structure or condition. All materials used to board and secure shall be weatherproofed or treated and shall be painted and maintained with a color of paint that blends with the overall structure.
SECTION 7: Abatement by Owner. The owners(s) of any property declared a nuisance by the City Council shall obtain necessary permits and commence to repair, rehabilitate, secure, raze and remove, or otherwise abate the nuisance within thirty (30) days and shall continue such work to satisfactory completion within such time as the Mayor or his/her designee determines. A renovation permit shall be required for the correction or elimination of nuisances on property or structures that have been approved for condemnation by the City Council. The conditions of the granting of a renovation permit are:
(A) A renovation permit must be obtained within 30 days from the date of condemnation by the City Council.
(B) A renovation permit shall expire 45 days from date of issue.
(C) The City Council may grant upon written recommendation from Code Enforcement Officer with cause shown grant one extension not to exceed 6 months. Said extension shall be conditioned upon posting a bond, cash or cash equivalent, in the amount of 25% of value of original building permit. Said sum shall be placed in an interest bearing account. Further said bond shall be posted prior to the request for the extension being placed on the City Council agenda.
(D) A structure of property shall be removed from condemnation procedures provided the provisions of the ordinance have been complied with and the structure or property satisfactorily passes an inspection by the City Inspector or Code Enforcement Officer. At such time the money deposited per Sub. C shall be refunded. If the property does not pass inspection at the expiration of the permit said bond shall be used to cover the net costs of razing said structure. Any surplus money shall be refunded to the individual posting said bond together with any accrued interest. Any sum exceeding the amount of the bond shall be pursued pursuant to the collection provisions set forth herein.
(E) Fees for renovation permit issued involving building, electrical or plumbing repair of modification shall be the same as currently charged by the city for building, electrical and plumbing permits. A flat fee of $25.00 will be assessed for all renovation permits issued which does not involve building, electrical or plumbing repair or modification.
SECTION 8: Abatement by City. If the owner(s) of the house, building and/or structure constituting a nuisance have not obtained the required permits and commenced work to rehabilitate, secure, raze and remove, or otherwise abate said nuisance within thirty (30) days after the posting of the true copy of the resolution at a conspicuous place on said house, building and/or structure, said house, building and/or structure constituting the nuisance will be repaired, boarded and secured, or razed and removed as may be necessary to abate the nuisance by the Mayor or his/her designated representative.
SECTION 9: Sale of Materials. The Mayor or any other person(s) designated by him/her to raze and remove any house, building and/or structure constituting a nuisance shall ensure 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 has a substantial value, sell said house. building and/or structure, or any saleable material thereof, by public sale to the highest bidder for cash ten (10) days' notice thereof being first given by one (1) publication in some newspaper having a general circulation in the City, to ensure its removal and the abatement of the nuisance.
SECTION 10: Disposition of Sale Proceeds. 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(s) collecting the same to the City Collector. If any such house, building and/or structure or the saleable materials thereof are 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 and pays any fine or fines imposed) the balance thereof will be returned by the City Collector to the former owner(s) of such house, buildings and/or structure constituting the nuisance.
SECTION 11: Abatement Costs and Lien on Property. If the City has any net costs in the securing, repair or razing and removal of any house, building and/or structure, such costs shall be charged to the owner(s). Should the owners(s) fai1 to pay said charges within sixty (60) days from the date of the first billing, the City shall have a lien on t he property as provided by A.C.A. 14-54-903 and 904. The lien may be enforced in either one (1) of the following manners: 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 the amount of the lien herein provided 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 owners or owners are known; and if the name of the owner or owners cannot be determined then only after the publication of notice of such hearing in a newspaper having a bona fide circulation in Craighead County for one (I) insertion per week for four (4) consecutive weeks. The determination of the City Council being subject to appeal by the property owner in the chancery court and the amount so determined at said hearing, plus a ten (10) %percent penalty for collection, shall be by the City Council certified to the tax collector of Craighead County and by him/her placed on the tax books as delinquent taxes are collected accordingly; and the amount, less three (3) percent thereof, when so collected shall be paid to the City by the Craighead County Tax Collector. It is expressly stated that the tax lien method is the preferred method of collection unless the Code Enforcement Officer in consultation with the City Attorney makes a determination to proceed with one of the other specified collection method.
SECTION 12: Penalty A fine of not less than 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 by resolution of the City Council thirty (30) days after the same has been so found and declared to be a nuisance; and for each day thereafter that said nuisance is not abated constitutes a separate and distinct offense punishable by a fine of two hundred fifty dollars ($250.00) for each said separate and distinct offense; provided that the notice as provided in Section 5 hereof has been given within ten (10) days after said house, building and/or structure has been by resolution found and declared to be a nuisance.
SECTION 13: Judicial Declaration and Fine. In the event that 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 co-owners of any such house, buildings 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 equity 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 one hundred dollars ($100.00) is hereby imposed against the owner or owners thereof from the date said finding is made by the court; and each day thereafter that said nuisance is not abated constitutes a separate and distinct offense punishable by a fine of one hundred dollars ($ 100.00) for each separate and distinct offense. In the event that the owner or owners of any such house, building and/or structure judicially found to be a nuisance fails or refuses to abide by the orders of the court, the Mayor or his/her designee shall take such action as provided in Section 8 hereof; and Sections 9, 10 and 11 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 14: Emergency Action. Notwithstanding any provision herein to the contrary, in cases of extreme emergency where notice is not practical, the City and its authorized agents may enter upon any real property, houses, buildings or other structures and take such action or actions as may be immediately necessary for the preservation of the public health, safety and welfare prior to the issuance of notice as provided for herein. Provided further, that the procedural requirements of this ordinance shall be adhered to following any such emergency action.
SECTION 15: Applicability of Technical Codes. The provisions of this ordinance shall not be construed to limit the authority of the City, its agents ,officers and enforcement of the various technical codes which have been adopted by ordinance and which shall remain in full force and effect, specifically, the housing code, building code, fire prevention code, electrical code and plumbing code.
SECTION 16: Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed including Ordinances #11.32.01; 11.32.02; 11.32.03; 11.32.04; 11.32.05; 11.32.06; 11.32.07; 11.32.08; 11.32.09; 11.32.10 and 11.32.11. The City Clerk is hereby authorized to renumber and insert this ordinance within the City Code.
SECTION 17: Severability. If any provision of this ordinance or application thereto to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance. Which can be given effect without the invalid provisions or applications and to that end; the provisions of this ordinance are declared to be severable. This ordinance shall be codified in the Code of Ordinances and the sections may be renumbered or re-lettered to accomplish such intention.
SECTION 18: Emergency Clause. It is found and declared by the City Council for the City of Jonesboro, Arkansas that this ordinance being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force from and after its' passage and approval.
PASSED AND ADOPTED this 15th day of March, 1999.