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Home My WebLink AboutOrdinance 2790 1962t ORDINANCE NO . S ,14� N 26' ry 0� rNA Q't�q AN ORDINANCE AMENDING SECTION 17B - 4 ( c) OF THE FAYRC(Jlrtk y Aeg ETTEVILLE CODE OF ORDINANCES TO AMEND THE PROCEDURE APPLICABLE TO THE REMOVAL OF UNSAFE AND UNLAWFUL SIGNS . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Section 17B- 4 ( c) of the Fayetteville Code of Ordinances is hereby amended to read as follows : ( c ) If the Building Inspector shall find that any sign or other advertising structure regulated herein is unsafe or insecure , is a menace to the public , is abandoned or maintained in a dilapidated condition , or has been constructed or erected or is being maintained in violation of the provisions of this Chapter , he shall give written notice to the permittee or property owner thereof . If the permittee or property owner fails to remove or alter the sign or advertising structure so as to comply with the standards herein set forth within a reasonable time specified in such notice , such sign or other advertising structure may be removed or altered to comply by the Building Inspector ; any expense incidental to such removal or alteration shall be charged to the owner of the property upon which the sign is located and shall constitute a lien cy, upon the property . U The Building Inspector may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily without notice . Such signs or other advertising structures are hereby declared to be a public nuisance . When any sign is removed summarily without notice , the owner or lessee thereof shall have the right to a post - seizure administrative hearing to determine whether there was probable cause to remove the sign . Said administrative hearing shall be governed by , and held in accordance with the procedure prescribed by , Section 19 - 127 ( c ) ( 4 ) - ( 6 ) of the Fayetteville Code of Ordinances . Section 2 . The Board of Directors hereby determines that effective regulation of signs is essential to the public safety and welfare and hereby determines that the immediate passage of this ordinance is necessary to accomplish such regulation . Therefore , an emergency is hereby declared w1053 144 � • - 2 - to exist , and this ordinance being necessary for the public ' s safety and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this � day of 4 1982 , APPROVED : -=�.0�� • C• • . `' MAYOR 1 Avkl—.ns-ls SS UY C; ' lc: and [x-. .ncio •°y t> t to koro• reccadcr for tl:a Ci;y cr Fz• by c ;tfi Ill_ lite ancexcd or forog=ing i or, in ry efii;o �I,! tlk, Sam^ a7 Of reC pears in Oro:n=nco ° ?esoluf:an heolc f p2g vianoss my y day of hand ' sea! t: .0 9 Z 1 CERTIFICATE OF RECORD City clerk and x-Officio i 0c.rd. STATE OF ARKANSAS SS. Washington County I, Alma L. Ko6meyer, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed or fore- going Inst e was fileed,,for rec v in my office on thou day of 197�et�o'elockAM, and the same is duly recorded in fr�°'°� recordL•s-1 at pare' !`' Witness my hand and seal thisaay f 19 MP Circuit Clerk and 45 By -Officio RecRrde 10v5 53 /!7 -43eouly C!!P.k OF • STATE of ARKANSAS 1 Countyof fWashington �l ' „' ^•' Q 1 1 hereby certify that I am the Publisher of THE NOR EST ARKANSAS TIMES, a dally L. ORDINANCE NO. Sip newspaper having a second class mailing privilege, and being not less than i ' AN ORDINANCE AMENDING SEG TION 17114(c) OF THE FAYET- four pages of five columna each, published at a fixed place of business and at �TEVILLE CODE OF ORDINANCES g fixed (daily) intervals continuously in the City of Fayetteville, County of TO AMEND THE PROCEDURE AP- iPLICAR E TO THE REMOVAL OF Washington, Arkansas for more than s period of twelve months, circulated UNSAFE AND UNLAWFUL SIGNS. HE IT ORDAINED BY THE BOARD and distributed from an established place of . buslness to subscribers and SOF DIRECTORS OF THE CITY OF FAYErrEY1lLEARKANSAS' readers generally of all Classes 1n the City & Chanty for a definite piles for section L Thaf,Sisoon ITAs(e) of eacbreopy, or a fixed price per annum, which price was fixed at what is the Fayetteville Code of Ordinances is considered the value of the publication, based upon the news 'value and hereby amended to read as follows: fel If the Building lnspector shall service value it contains, that at least fifty percent of the subscribers find that any sign or oucer advertising structure regulated herein is unsafe e . thereto have paid cash t0[ [belt subscriptions t0 the newspaper or Its agents insecure, is a menace W the public, is or through recognized news dealers over a period of at least Six months; abandonsd or maintained in (dilapidated condition, or has been ca. and that the said newspaper publishes an average of more than torts percent staWcled or erected or is being main• news matter. med in violation d the provbans 0i this Chapter, he `hall give written I further certify that the legal notice 'hereto attached in the matter of Indite to the permittee or property owner thereof. If the permitee or pro- 'perry issaverr or vert to remove a alter //y'�� :the ngn or advertising standards er m t / 17 r I `� �� ` /•-.•[/ / l 'J se comply with the shdade herein J set firth within arsuch s hltime specified m suchratite,e, such sign or ' other advertising swcture may be Wall published in the regular daily issue of said newspaper for removed a altered to comply by the - Building Inspector: any eatiulle in- consecutive insertions as follows: �kjenbd to such removal or alteration ail be charged.to the owner d the rx/� shall ty upon which the sign is located • The tient insertion on. the � �r) day of pd sliaO coratitute a Jim upon the pro- rTThe Building Inspector may tame the second Insertion on the day of 19 any sign or other advertising structure � eh is immediate peril to persons a m prapnty to be removed summarily the third Insertion on the day of 19 witbwt notice. Such signs or other . advertising stiuctares are hereby declared to be a public nuisance. When and the fourth insertion on the Anw of v9 any sign u removed summarily , without muco, the oweer or lessee thereof shall have the right W a pmt- /1t1 (\ seizure administrative hearing to - GUN � N _ determine whether there was prebable - SJ cause to remove the sign. Said ad- ministrative hearing shall be governed by area held In accordance with the Sworn to and subscribed before me on this day of proceAue prescribed by Section Is Inlcl(sH6) of the Fayetteville Codeof Ordinances. .. i Section f. The Bad d Directors hereby determines that effective rreegguulation d signs is essential to the puEtk safely end welfare and hereby determism !last the immediate ` ' 1 C• >• - "�^^L� — assuage d this ordinance Is necessary otal ublid t• e to accomplish such regulation. Y ' r P Therefore, an emergency is hereby declared to ead" and this ordinance ?� being necessary fa the public's widely_ - My Commission Expires: and welfare shall be in full force and •. ;• r.I effect tram and after its passage and val. ` + 1 �" )asppro \ PASSED AND APPROVED Oris lath day of January, I=. APPROVED: .. . Paul R. Noland MAYOR d /S , S` ��• -A.rJ ESI : Fees for Printing Sherry Rowe CITY CLERK ., . . Cost of Proof 1r— (tea _ . .. ...._. .. TOW { iiECEIVED FEB 0 9 1982 ACCOUNTS