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Home My WebLink AboutOrdinance 2052 FOR RECORD 074 SEP 27 RSI 8: 04 Wm3HINGTON COUNTY ARKANSAS ALMA KOLLMEYEP CIRCUIT CLEM( ORDINANCE NO . 4067A AN ORDINANCE AMENDING SECTION \2. OF ORDINANCE NO . 2021 ( SECTION 12- 2 OF THE FAYETTEVILLE CODE OF ORDINANCES ) ; TO AUTHORIZE THE CITY MANAGER TO ORDER THE OWNER OF ANY RESI - DENTIAL BUILDING , STRUCTURE , OR PROPERTY UTILIZED IN VIOLATION OF SECTION 306 . 4 OF THE CITY HOUSING CODE TO TAKE SUCH ACTION AS IS NECESSARY TO CORRECT SAID VIOLATION ; AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : That Section 2 of Ordinance No . 2021 ( Section 12 - 2 of the Fayetteville Code of Ordinances ) is hereby amended by adding the following : Section 306 . 4 is hereby amended by the addition of the following material : ( c ) If the owner or occupant of a residential building , structure , or property utilizes the premises of such resi - dential property in violation of Subsection ( a ) above , the City Manager , or his duly authorized representative , shall give the owner of the property written notice to correct the violation within twenty daus from the date of said notice . In case the owner of any lot or other real property is un- known or his whereabouts are not known or he is a non- resi - dnet of this state , then a copy of the written notice herein- above referred to , shall be posted upon the premises . It shall be unlawful for any person to fail to refuse to comply with an notice given ' `' y g pursuant to this section . � 5, . ( d ) If the conditions described in the notice given pursuant to subparagraph ( c ) above are not removed or corrected within twenty days after such notice is given , a summons to appear in Municipal Court will be issued , and the Municipal Judge shall hear the case . After said hearing , the Municipal Judge may order the City Manager , or his duly appointed representative , to enter upon the property to do whatever is necessary to correct or remove the conditions described in the aforesaid notice , if the Court determines that such action is necessary to abate said conditions . ( e ) When a condition existing on private property is corrected by or under the direction of the City Manager , or his duly authorized representative , pursuant to subparagraph ( d ) above , the costs thereof shall be charged to the owner of MICRC8� MED the property and the City shall have a lien against the property DATE i s ' for such costs . Such lien may be enforced within eighteen REEL_ months after work has been done by an action in the chancery court . Before any action to enforce such lien shall „pp head DIED 874 FAGE. 904 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I I , DARLENE WESTBROOK , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of the Fayetteville , Arkansas , 44 -l0'5A , therein set forth , and the same is as it appears of Record in / Volume at Page thereof . I IN WITNESS WHEREOF , I have here - . unto set my hand and affixed my ' ;} t'• official seal this day of ' ♦ i� " ••i4dU1Hl1'�� . RT {FICITE OF RECORD I { ss City Clerk . - n County ] 1. Kallmeyer, Cir^cit Clerk and Ex-Officio Record =r for i r ;,)re. - r. Courcy, r;o hereby ceru;y the: thn ann=xe:! qttr- f ^a on thea 7day 1 • ._ y .. yy s f::-rryY t d •d i;./.r'' t :n•I 2_ is d � A record_ La '• " :corded .,�E'� •;. JAY s my hand and seal tti - dpy o1 _ 4 AM, A KOL_LMEY___ Circuit Clerk and ' Ex-CfPlc Racotded r--- By WDiEB 874 PAct 90• Deputy Clerk { "� � °� • �►� � i �► �� -:� �, . kit � . �� CERTIFICATE OF RECORD ly SS City of I, Su.-:amIc C. i:c:u e ' 1 Fork and Ex-Officio receraer f.:•r J:: > teviile, do hereby ccl-6f ,, ti:atore- going is of record in my of 11',cc- a i . i :: j)- pears 1inOrdinance C� Rcsoluti .,: : . 1\ / at page ` 0. \'iitn: ; ; hand and seal this -- d:k , 19 . i . City Clerk and Ex-Officio Recorder I 306.2 — CLEANLINESS Every occupant of a dwelling unit shall keep in a clean and sani- tary condition that part of the dwelling, dwelling unit and premises I� thereof which he occupies and controls or which is II P provided for his particular use. 306.3 — GARBAGE DISPOSAL 1 Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage or rubbish storage containers. i i 306.4 — CARE OF PREMISES (a) It shall be unlawful for the owner or occupant of a resi- dential building, structure or property to utilize the premises of such i residential property for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building (� rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential II property clean and to remove from the premises all such abandoned items as listed above, including but not limited to weeds, dead trees, .I trash, garbage, etc., upon notice from the Building Official. 111 (b) For the purpose of this section, an abandoned motor vehicle is defined as one that is in a state of disrepair and incapable of being 'i moved under its own power. 306.5 — EXTERMINATION Every occupant of . a single dwelling building and every owner of a building containing two or more dwelling units shall be respon- sible for the extermination of any insects, rodents, or other pests within the building or premises. i 306.6 — USE AND OPERATION OF SUPPLIED PLUMBING FIXTURES Every occupant of a dwelling unit shall keep all plumbing fix- tires therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. SECTION 307 — ROOMING HOUSES No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, i 21 I ORDINANCE NO. 1D52 - AN ORDINANCE AMENDING SEC TION 5 OF ORDINANCE NO. = SECrfnN 122 OF THE FAYETrecu, STATE of ARKANSAS 1 LE OIIIF. OF OY.DINAIiC'Elfil ; TO J} AOTHOCIZF. THE CITY NIANA0£R 'ICI OF ANt RM County of Washingtonas DwIANTIAL BUIL INU IER THE teTRUar= OR PROPERTY UTHdZED IN: VIOLA'T'ION ,OF SECTION 306.9 . OF THE . CITY //�� Hotr-ING CODE TO TARE SUCH AC- //////��yyy��. i-.-A �., n .. t'.. r\_, , hereby certify that I TION AS IS NECESSARY TO CORRECT I I e,, I. SAID VIOLATION; AND FOR OTHER am t e Publisher of THE NORTHWE T ARKANSAS TIMES, a daily IIUKPOSER BE IT ORDAINED BY THE BOARD newspaper having a second class malting privilege, and being not less than IOF DIRECTORS OF' THE CITY OFI FAet (OUTaTTECILLE, ARKANSAS: pages of five columns each, published at a fixed place of business and at sl ^nan z nr Na. 21121 a fixed (daily ) intervals continuously in the City of Fayetteville, County of rode by Washington, Arkansas for more than a period of twelve months, circulated by and distributed from an established place of business to subscribers and readers generally of all classes in the City & County for a definite price for it me wnr. or waPam a R each copy, or a fixed rice per annum, which residential a rotor, orvmve, or wo P P price was fixed at what is ' rorty narzea the Pro+iLces of a1rNIh reef , considered the value of the publication, based upon the news value and .,IS service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months ; �.o and that the said newspaper publishes an average of more than forty percent news matter. ,n I further certify that the legal notice hereto attached in the matter of ------ 2C _R-,u, *.? e ,S 2 was published in the regular daily issue of said newspaper for-_____ QousaeuUye insertioo as follows : MIN ^,.r. dw` 1 The first insertion on the _ 7 . . . day of __ _ V epPolnted representative, to enter upon. "'""--- 19"� """ the ILII to do whatever is neowaery � - " c sed It ur O6: moMtbss Aar the second insertion on the __ day of 19.... caned a JIM cedes. :1f. the court determies� stole V m abate aero the third insertion on the _..._. . . day of pan m. Pa• . ..... 19.... correcte t t „r ,of in Ci - awr - r and the fourth insertion on the __ __. dey� of W _ 1 'tr ----- - ant the .,eta Yrs bcity a fC. The fret K .nRu hssr . -pie sae retlCMs 'Rd1Rwe- 3Q ` bey h°y0 Sworn to and subscribed before me on this _- day Of _ cacti Usocurk the OF Ikoo ols% _r prl Notar Public be found. swum L .Thi Fitt ardinseces a'PR. ' 1e�rdbns, er pede Miert. In aaO1R . MY Commission herewith be, Rod hereby are, resealed. Expires : Semon 3. It is hereby determined by the Reard at Arkansas. tDirections altr t�� a city CityaH CaN does DAIJIM a Proven- daft Whereby the city MY abet mrMl (I I onsProhibited by Seetbn 3D61 Of said Ixie anJ rat din protIp,ure jq neves. L/ r ,nnr. on and Fees for Printing ._.. . $-------_ N• •.anp p'TM Cost of Proof -----— --. mately y 9 � .p.. . , NJ NiF.0 IIR31sTN Total _ _.__.. �.__ ( �� DAY OF SEPTEMBER. 1974 APPROVED: Rnseen T. Purdy MAYOR C i the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or nonresidence , and therupon service as now provided for by law against non- resident defendants , may be had and an attorney ad litem shall be appointed to notify defendant by registered letter addressed to his last known place of residence if same can be found . Section 2 . That all ordinances and resolutions , or parts thereof , in conflict herewith be , and hereby are , repealed . Section 3 . It is hereby determined by the Board of Directors of the City of Fayetteville , Arkansas , that the City Housing Code does not provide a procedure whereby the City may abate conditions prohibited by Section 306 . 4 of said code and that such a procedure is necessary to protect the public health and safety . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the immediate protection of the public health , safety , and welfare shall take effect immediately after its passage and approval . PASSED AND APPROVED THIS 1% D Y OF D lih►� l U , 1974 . /7y� �� APPROVED : moi' 1 pfor ' N, MAYOR v `ATTEST : &fi '.. ', CXTY CLFPRK D Et D 874 PAGE. 905