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AN ORDINANCE TO EMPOWER THE CITY OF JONESBORO TO ORDER OWNERS OF REAL PROPERTY TO CUT WEEDS, REMOVE GARBAGE & RUBBISH, AUTHORITY FOR CLEARANCE BY CITY UPON REFUSAL OF OWNERS COSTS
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
Section 1: No owner of any lot, place or area which is within the City, or the agent of such owner, shall permit on such lot, place or area or upon the sidewalk abutting the same, any weeds, grass or deleterious, unhealthful growths, or other noxious matter, that may be growing, lying or located thereon.
Section 2: The City Police Department is hereby authorized and empowered to notify in writing, the owner of any such lot, place or area within the City or the agent of such owner, to cut, destroy, and/or remove any such weeds, grass, or deleterious, unhealthful growths, or other noxious matter, that may be growing, lying or located on such owners property, or upon the sidewalk abutting same. Such notice shall be a 20 day notice and in writing, addressed to said owner, or agent of said owner, at his last known address. In case the owner of said property is unknown or his whereabouts is not known or is a non-resident of this State, then a copy of the 20 day written notice hereinabove referred to, shall be posted upon the premises and before any action to enforce such lien shall be had the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts of non-residents, and thereupon service of the publication as now provided for by law against non-residents defendants, may be had and an attorney ad-litem, shall be appointed to notify the defendant by registered letter addressed to his last known address of residence if the same can be found.
Section 3: Upon the failure, neglect or refusal of any owner or agent so notified to cut, destroy and/or remove weeds, grass or deleterious, unhealthful growths, or other noxious matter, growing, lying or located upon such owners property, or upon the sidewalk abutting same, within 20 days after receipt of the written notice provided in Section 2, the City Sanitation Department is hereby authorized and empowered to cut, destroy and/or remove such weeds, grass or deleterious, unhealthful growths or other noxious matter or do whatever is necessary to correct said condition and to charge the costs thereof to the owner or owners of said lot, place or area within the city and the City is hereby given a lien against such property for such costs.
Section 4: The lien provided for in Section 3 may be enforced at any time within 18 months after work has been completed by an action in the Chancery Court.
Section 5: It is found and declared by the City Council of the City of Jonesboro, Arkansas, that there is an increasing need for the cutting of grass and weeds and removal of unsanitary articles and things wherein the owners of lots do not cooperate and that a health and traffic hazard is created thereby, and an emergency is hereby declared to exist and this ordinance being necessary for the preservation of the public peace, health and safety, shall take effect from and after its passage and approval.
PASSED and ADOPTED this 23rd day of August, 1965.