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Home My WebLink AboutOrdinance 2557 ORDINANCE NO . a 5 7 AN ORDINANCk:, AMENDING SECTIONS 11 - 2 AND 11 - 3 OF THE FAYETTEVILLE CODE OF ORDINANCES TO PROVIDE AN ALTERNATIVE MEANS OF COLLECTING THE COSTS INCURRED BY THE CITY IN CLEANING UNSIGHTLY PROPERTY . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Section 11 - 2 of the Fayetteville Code of Ordinances is hereby amended by adding the following : -i, The costs of correcting said conditions shall be ch 4 tb the owner or owners of the property and the City s�l fiPavc a lien against such property for such costs . ul C� O Section 2 . That Section 11 - 3 of the Fayetteville �eo c)e o7- - Ordinances is hereby amended to read as follows : - r- :K y ' R f Sec . 11 - 3 . Same - Enforcement of Lien , The lien herein provided for , which shall not exceed �m ' p annual amount equal to two cents ( 24 ) per square foot of the lot or tract of land involved , may be enforced and collected 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 Board of Directors 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 Washington County for one ( 1 ) insertion per week for four ( 4 ) consecutive weeks ; the determination of the Board of Directors shall be subject to appeal by the property owner in the Chancery Court ; and the amount so determined at said hearing , plus five percentum ( 5% ) penalty for collection , shall be by the Board of Directors certified to the Tax Collector of the County , 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 City by the County Tax Collector . Section 3 , That Chapter 11 of the Fayetteville Code of Ordinances is hereby amended by adding Sec . 11 - 3 . 1 t � `� �1 follows : Sec . 11 - 3 . 1 . Same - Notice by Publication upon unknown or non- resident owners . In case the owner of any lot or other real property is unknown or his whereabouts is not known or is a nonresident of this MICROFILMED WT DATE REEL. - State , then a copy of the 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 or nonresidence , and thereupon service of the publica - tion as now provided for by law against nonresident defendants may be had , and an attorney ad litem shall be appointed to notify the defendant by regis - tered letter addressed to his last known place of residence if same can be found . Section 4 . The Board of Directors determines that it is the duty and responsibility of the City to protect the public health and welfare by cleaning unsightly property when the property owner neglects to do so ; hereby determines that the City is experiencing great difficulty in collecting the costs for such cleaning ; and hereby determines that this ordinance will provide an alternative means of collecting said costs to remedy the situation . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the immediate preservation of the public health , safety , and wel - fare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this day ofjza&m�p 1979 . APPROVED : � C.� o� MA OR C�i.�MOFF "• YES�rFj .. ; , = r . „tom `", ••. .CIT - RIC r 'cC6NrY. ® ��s 112• dM4 1 CERTIFICATE OF ^15 F` f ` Arkansas ( SS ?,tyettcville 1, £alanne C. Kennedy, City Cle. '' ' 3 T'- .-Officio recorder for the City of F.ly Mte . . . le, do ::oreby certify that the anne;ei or fore- g:,i is of record in my office ar.d t'tc r.^me ap- pc:.rs in Ordinance C3 Resolution ) .,ok V l l l —at page_. 3 —.. '. tr ;t" ^.sr, my hand P.nd seal this— J ly of i `}----- City Clerk and E-: _i:_io Reorder t jto) , rTj A u _IRTIFICATE OF Kcl Us < u I SS. W^^ton 1' n Count)' ] 1, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder to, Washington County, do hereby certify that the annexed or fore goingi �ument was filed for record in rry�offic and theon the sea's of at reeud 1 atpage3� duty recorded in tsnday of 19,9 witness my hand and se titClerkanfficit� Rectr4 DeputvvClerk _ STATE o1 ARKANSAS 1 4 /TI ORDIYANCE \0.2551County of Washington ORDINANCE AMENDING SEC- 113 AND 147 OF THE FAYET- /1LLE CODE OF ORDINANCES TO (�y� `.11+`�DE AND ALTERNATIVE MEANS -._., hereby certify that I OLLECTING THE COSTS INCUR- I, .___._---.- .__._ ____--- --- - - --------------------_ ....BY TRE CRY IN CLEANING UN- am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily SIGHTLY PROPERTY. DIHEITORD of DBCITY BOARD OF newspaper having a second class mailing privilege, and being not less than DIRECTORS O THEOF tour pages of five columns each, published at a fixed place of business and at ,Section 1. That Section 11-2 of the Fayeb a fixed (daily) Intervals continuously in the City of Fayetteville, County of 0wille Code of Ordinances is hereby Washington, Arkansas for more than a period of twelve months, circulated 'amended by adding the following: The costs of correcting said conditions and distributed from an established place of business to subscribers and shall be charged to the owner or owners of readers generally of all classes in the City & County for a definite price for the property end the City shall have a Ifen age msl ouch property for such court. each copy, or a fixed price per annum, which price was fixed at what is Section ode of Section Ondinll3d theereby considered the value of the publication, based upon the news value and lmen Cade d OMows* V herebyi amended to read as Enforcement service value it contains, that at least fifty percent of the subscribers See. 63. Same - Enforcement o iLien. The lien herein provided for, which thall, thereto have paid cash for [heir subscriptions to the newspaper or its agents not exceed an annual amount equal to tstw° or through recognized news dealers over a period of at least six months; cents 121 per square foot of the lot or va of land involved. may be enforced and col- and that the said newspaper publishes an average of more than forty percent Iected in either one of the following man-I news matter. (A) The lien maybe enforced at any time within eighteen (1a) monis alter I further certify that the legal notice hereto attached in the matter of work has been done. by an action In the Chancery Court: a ' i - ' IBI Themay amount de er the lien herein Pro r 0 (� vides may he determined Direr al a hearing f<�L]t. betas the Board of Directors held alter _---_-__..._--__ ._ _-..........___-_______ thirty I301 days' written notice by certified mad to the owner or owners of the proper- ty. d the name and whereabouts of the was published in the regular dally issue of said newspaper for------- . .-.-._--. ------ owner or owners be known, and if the name rr.v worn Hvn {ngartl0¢t as follows '. ad.the owner or owners cannot be determin- ed, then only after publication of notice of such hearing in a newspaper having a bona ride circulation in Washington County for The first Insertion on the ---.—..(--.- -- day o[ .. 19-_ . one i t l insertion per week for four 111 Mn- tecutive weeks; the determination Of the the second fnaeitl0¢ on the day O _._.-__. Board d Directors shall be subject to apt --_--_-------- 19_-----__- peal by the property owner in the Chancery Court; and the Amount so determined at said hearing, plus five permlitum ( per- the third insertion on the ------------------------ day of -----_--__----_-__-__.__ cent) penalty for collection, shad be by the Board d Directors certified to the Tax Col- lector of the cowry, and by him placed m' and the fourth insertion on the (lay of ---_____ the tai books as delinquent taxes, and col-I lecled accordingly, and the, amount, less) three percentum IJ percent) thereof. when I �� an collected shall be paid to the City by the 1 -- 1 County Tax Conector �/ +.Section J. That Chapter 11 d the Fayet- / � faysle Code of Ordinances is hereby amended by adding Sec. u3.1 to read as Sworn to and subscribed before me on this -_ ---------- day of follows: I Sec. 11-3.1. Same - Notice by Publication unar unknown or non-resident owners. // C In can the owner of any lot or other real -_____--- p rt u unknown or his whereabouts is not known or is a onamaident of this State, ///J then a copy d the written notice ../ ij / / o� " 4i,/ hereinabove referred to. $hall be posted'. '__ .. Zb—lic UponthepremisesandbeforeanyactionW1 NOtar enforce such hen shall be had, the City Clerk shag make on affidavit setting out !the facts as to unknown addressor whereabouts or nonresidence. and My Commission Expires: thereuponaerviee d the publication as raw ' provided for by hew agatst nonresident defendants may be had, and an attorney ad �Zy1�(// Iimm shall be appointed to notify the defen —`-- dant by registered letter addressed to his Ll last known place of residence If same can � I be found. . . . Section 4. The Board of Directors deter. Fees for Printing ----- --- ;- - mines that it is the duty and responsibility) of the City to protect the public health and welfare by cleaning ustghtlY property Cost of Proof ---------------- $----------- the property owner neglects y do As- ^ / � hereby _ property o that the City is ex- Cfi.! periencnng great difficulty In collecting the costa for such cleaning: and hereby deter- Total -.-----.__..--. j- ._ .---.._._.___. mines that this ordinsom will provide an meas d alternative ecollecting said costalt W remedy the' sitwtion. Therefore, an , l emergency is hereby declared to exist and this ordinance being necessary for the im-, mediate preservation Of the public health,,, aafery, and welfare shad be in full forte . and effect frau and after its passage and _ e p� AND APPROVED this 4th day) of September, IM. APPROVED: t'q J, % e,Y % e 'r. David R. Maone MAYOR ATTEST: Angela R. MNlock , r CITYCLERI( I (tall