HomeMy WebLinkAboutOrdinance 3948 FILED FOR RECORD
096 FEB 23 Pf7 2 10
WASHINGTON CO AR
ORDINANCE NO. 3948 K • HARNESS
AN ORDINANCE PROVIDING FOR THE RAZING`SN"0
REMOVAL OF BUILDINGS OR HOUSES THAT HAVE yl
BECOME DILAPIDATED, UNSAFE, UNSANITARY, OR
DETRIMENTAL TO THE PUBLIC WELFARE; AND
PROVIDING FOR A LIEN ON THE REAL PROPERTY.
WHEREAS, it is determined that to preserve the public health, safety and welfare,
regulations should be set forth to deal with houses and buildings within the corporate limits of
the City of Fayetteville, Arkansas, which have become dilapidated, unsafe, unsanitary, or
detrimental to the public health.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . That no person or persons, partnership, corporation or association,
hereinafter referred to as "Owner" , shall keep or maintain any house or building within the
corporate limits of the City of Fayetteville, Arkansas, which has become dilapidated, unsafe,
unsanitary, or detrimental to the public welfare.
Section 2.
A. RESOLUTION . The rules and procedures of the Inspection
Department for clean up, raze and removal of property shall be followed. If the
results of such efforts are unsatisfactory, the Inspection Superintendent may
forward the matter to the City Council for consideration. The City Council may
by resolution make the following determinations and issue the following order:
I . DETERMINATION OF CONDITION . The City Council
may by resolution determine that a building or house has become dilapidated,
unsafe, unsanitary, or detrimental to the public welfare.
2. ORDER OF RAZE AND REMOVAL. If it is determined
that a building or house has become dilapidated, unsafe, unsanitary, or
detrimental to the public welfare, the City Council may order the house or
structure razed and removed.
B. NOTICE.
1 . Prior to the consideration of a resolution by the City Council
to determine whether a house or building is dilapidated, unsafe, unsanitary, or
detrimental to the public welfare, the owner of such house or building shall be
notified in writing of the date, time and place that the City Council will consider
such resolution. Said notice shall be delivered by registered letter or personal
Page 2
Ordinance No. z 4 n a
service, the receipt of which shall be duly acknowledged. Should the owner of
any such house or building not be known, the owner's whereabouts not be
known, or such owner not be a resident of Arkansas, then a copy of the written
notice shall be posted upon the premises and the City Clerk or his/her designee
shall make an affidavit setting out the facts as to unknown address, whereabouts,
or nonresidence, and thereupon, service of publication 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 registered letter addressed to his last known
place of residence if such can be found.
2 . After a house or building has been determined to be
dilapidated, unsafe, unsanitary, or detrimental to the public welfare and ordered
to be razed and removed, a true and certified copy of said Resolution will be
mailed to the Owner thereof if the whereabouts of said Owner thereof be known
or their last known address be known, and a copy thereof shall be posted at a
conspicuous place on said house or building. Provided, that if the Owner of
said house or building be unknown or if his or their whereabouts or last known
address be unknown, the posting of the copy of said Resolution as hereinabove
provided will suffice as notice.
C. RAZE AND REMOVAL. If the house or building ordered by
resolution to be razed and removed has not been razed and removed within thirty
(30) days after posting the true copy of the Resolution at a conspicuous place on
said house or building, the house or building will be razed and removed by the
Mayor or his/her designated representative.
D. LIEN. In any situation in which the City Council has issued an
order for the removal or razing of a building or house as set forth above, and
such order is not complied with by the owner of the building or house the city
may enter the property and remove and raze the building or house. The cost of
the razing and removal shall be charged to the owner or owners of the property
and the city shall have a lien against such property for such cost.
E. ENFORCEMENT. The lien herein provided for may be enforced
and collected in either one of the following manners:
1 . The lien may be enforced at any time within 18 months after
work has been done, by an action in the Chancery. Any enforcement action
requiring sale of the subject property shall be with the express approval of the
City Council; or
960J1106 %
Page 3
Ordinance No. 3 9 4 8
2. The amount of the lien herein provided may be determined at
a hearing before the City Council held after 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 insertion per week
for four consecutive weeks; the determination of the City Council shall be
subject to appeal by the property owner in the chancery court; and the amount
so determined at said hearing, plus 5 % penalty for collection, shall be by the
City Council 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 3 % thereof, when so collected shall be paid to the city by the county tax
collector.
3 . All liens shall be recorded of record with the office of the
Washington County Circuit Clerk.
Section 3 . Notwithstanding any provision herein to the contrary, in cases of extreme
emergency where notice is not practical, the City of Fayetteville and its authorized agents may
enter upon any real property, house or building and take such action or actions as may be
immediately necessary for preservation of the public health, safety and welfare prior to 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 4. The provisions of this Ordinance shall not be construed to limit the authority
of the City of Fayetteville, its agents, employees and officers, in the administration and
enforcement of the various technical codes which have been adopted by Ordinance and which
shall remain in full force and effect; specifically the Arkansas Fire Prevention Code, Building
Code, Electrical Code, Arkansas Plumbing and Gas Code.
Section 5 . All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
Section 6. If any provision of this Ordinance or the 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 application and
to this end, the provisions of the Ordinance are declared to be severable.
96010635
Page 4
Ordinance No. 3 9 4 8
PASSED AND APPROVED this 20th day of February 1996.
APPROVED:
By :
FrZ fianna, iayor
ATTEST:
By :
Traci Paul, City Clerk
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' ORDINANCE'N03948' 2 AftojZ� house o/+— pui�ltling
AN ORDINANCE; PRO,VIDING•' has been 'determined to be di- '
FOR THE .RAZING AND RE--I lapidated, unsafe, unsanitary, -
MOVAL OFBUILDIN GS OR f or. detrimental to the public • -
IHOUSES THAT HAVE BE-I wait re'ban d`ortl eyed fbSbel
, COME ..DILAPIDATED, UN-1 raze tl and removetl, a true 'a
SAFE, UNSANITARY, OR DET- ' certifiedv"cnpy:.of said Resolu-,
RIMENTAL TO THE PUBLICtion will fb-a rilsd adz°the
WEL"FARE; AND PROVIDING : Ownerthare ofiif the where'-
FOR A- LIEN ON THE REAL, abouts of s lhereo'f STATE OF ARKANSAS
PROPERTY. be known or their last known
address be known, and a copy ss.
WHEREAS, it is determined thereof shall tie posted at al Count Of Washin n
that to preserve the public conspicuous place on said) Y g -
t health,. safety and welfare„ house or building. Provided,
regulations should be set forth that it the Owner of said housel1
to deal with houses and build- or building be unknown or if '
hereby cer-
' ings`within the corporate lim his or their whereabouts ort tify that I am the publi her of THE NORTHW T ARKANSAS TIMES, a daily
its of the City of Fayetteville, last known address be un- newspaper having a second class mailing privilege, and being notless than fourpages of
Arkansas, which have become , known, the posting of the copy-
1 dilapidated, unsafe, unsani- o of said Resolution as here--I five columns each, published at a fixed place of business and at a fixed (daily) intervals
tary, or detrimental to the pub- nebove provided will suffice continuously in the City of Fayetteville, County of Washington, Arkansas for more than
lic health. ,.. as notice. P
aperiod of twelvemonths, circulated and distributed froman established place of business
NOW, THEREFORE, BE ITI. .C. RAZE AND REMOVAL'. to subscribers and readers generally ofallclasses in the City and County foradefiniteprice
ORDAINED BY THE CITY I If the house of building or- foreach c0 p ' per p
'COUNCIL OF THE CITY dared by resolution to be copy, or Price rannum, which rice was fixed at what is considered the
OF i + FAYETTEV ILLE, : razed and lemoved has not value of the publication, based upon the news value and service value it contains, that at
) ARKANSAS: 4 been razed and removed with least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
in thirty (30) days after posting
Section 1 . That no person or I. the true copy of the Resolu- newspaper or its agents or through recognized news dealers over a period of at least six
persons, partnership, corpora- , tion ata conspicuous`place months; and that the said newspaperpublishes an average of more than forty percent news
tion or association, hereinaft- on said house or building, the
er referred to as 'Owner', shall house dr building will be matter.
keep or maintain any house or razed and removed by the.
building within the corporate Mayor or his/her designated I further ertif that the legal notice hereto intact ed in the matter of
limits rk the City of Fayette- representative. Y g
villa, Arkansas, which has be-
' come dilapidated, unsafe, un- , D. LIEN. In any siluation 'in L/ u/LV/,rfnl Y
sanitary, or detrimental to the ' which the City Council' has /
public welfare. issued an order for the remgvv
at or razing of a building..or was published intheregulardaily issueof said newspaperfor
Sect an 2. i house as set forth above, and
t: such order is not complied consecutive insertions as follows:
A. RESOWTION. The rules •. with by the owner of the build=
and procedures of the Inspec-I ing or house the city may em-
tion Department for clean up, er the properly and remove The first insertion on the ��%�f.�i%u1I/ft ' day of 19 ` (0
raze and removal of property and raze the builtling _;o}
shall be followed. If the results, house. The cost of the razingl
of such efforts are unsatisfac- , and removal shall he charged I the second insertion on the day of 19
tory, the Inspection Superin- to the owner or owners of the
tendent may forward the mat- property and the city1shalll
ter to the City Council for con- , I have a lien against such prop- the
the third insertion on the day of 19
sideration. The City Council only for such cost. -
may by resolution make that
following determinations and I E. ENFORCEMENT. They and the fourth insertion on the day Of 19
issue the following order: lien herein providedfor may ,
1 . DETERMINATION OF be enforced and collected in
CONDITION. The Cit either one of the following r
Council may by resolution de Ir manners: h.
ru
terming that a building or . i The lien may be enforced at
thouse has become iilapidat- any time within 18 montWat- ' I f, q 0 1 1996 8
ed unsafe, unsanitary, or det- ter work has been done, by an ' t nt Publisher / General na er
rimental to the public welfare. action in the Chancery. Any
2. ORDER OF RAZE AND enforcement action requirirng
REMOVAL. If it is deter- � , sale of the subject property ' FINANCE DEPT,
shall be with the express ap-
minetl that a building or house ' I proval of the City Council; or
has become tlilapitlaletl, un-
safe, unsanitary, or detrimen- I p The amount of the lien
tal to the public welfare, the I herein provided may be deter-
City Council may ortler the ' mined at a hearing before the
house or structure razed and , City Council held after 30
removed. days written notice by certi-
fied mail to the owner or own-
B. NOTICE. ers of the property, if the name
and whereabouts ofthe owner
1. Prior to the consideration of i or owners be known, and if the Sworn to d subscribed before me On this
a resolution by the Cily.Coun- ,. name of the owner or owners day of
cil to determine whether al icannot be determined, then
house or building is dilapidat- only after publication of no-
ed, unsafe, unsanitary, or det- tice of such hearing in a 19
rimental to the public welfare. I newspaper having a tion. fide
the owner of such house or circulation in Washington
building shall be notified in I County for one insertion per
writing of the date. time and I week for four consecutive
place that the City Council ( weeks; the determination of,
will consider such resolution. , I the City Council shall be sub-I Notary Public
Said notice shall be delivered lett to appeal by the property
by registered letter or person owner in the chancery court; My Commission Expires: _
al service. the receipt of . and the amount so determined
which shall be duly acknowl- � at said hearing, plus 5% pen-I —,{ h O✓ S� wl)'IlaC➢<!(C(,<t(<!<Sx
edged. Should the owner of ally for collection, shall be by
any such house or building the City Council certified to �'--,�'pta f� , owep i�
not be known, the owner's the tax, collector of the county,) )1 O' b='C, SlateofArkansas
whereabouts not a known, or and by him placed on the tax �r ' ,rx ( 13enfonEX <
such owner not be a resident books as delinquent taxes, OV)� MY COmmjssion X iris r
of Arkansas, then a copy of. and co the a o ount
accoytlingly, Fees for Printing $ Ctv' pines 0'7/y�fis ,i
the written notice shall be and the amount, ssc3% KK�CSKK
posted upon the premises and thereof, when so collecled Cost of Proof $ t'Sf�C�f*
I
theCity .Clerk or his/her des- shall be paid to the city by the
I ignee shall make an affidavit ; , county tax collector. Total $ per( f 0
setting out the facts as to un-
known address. whereabouts: , 3. All liens shall be recorded',
J or nonresidence. and thereu- of record with the office of the
Pon, service of publication a$ }' Washington County Circuit'
now provided,yfor by law Clerk,
j against nonresident defend-
ants may be had and an attor- Section 3 Notwithstandingi
I ney ad litem shall ne appoint- any provision herein to the)
ed to notify the defendant by contrary, in cases of extreme'
registered letter addressed to emergency where notice is not'
his last known place of resi- practical, the .City of Fayette-
6dence if such can be found. ville and its authorized agents
may enter upon any real prop-
erty, house or building and
take such action or actions as
may be immediately neces-'
sary for preservation of the
public health, safety and wel-
fare prior to issuance of no-
tice as provided for herein.
Provided further, that the pro-
cedural requirements of this
Ordinance shall be adhered-
to following any such emer-
gency action.
Section 4. The provisions of;
this Ordinance shall not bei
construed to limit the authori-
ty of the City of Fayetteville,
its agents, employees and of-
ficers, in the administration
and enforcement of the vari-
ous technical codes which
have been adopted by Ordi-
nance and which shall remain
in full force and effect; spe-
cifically the Arkansas Fire
Prevention Code, Building
Code, Electrical Code, Arkan-
sas Plumbing and Gas Code.
Section 5. All Ordinances or
parts of Ordinances in con-
flict herewith are hereby re-
pealed.
Section E. If any provision of
this Ordinance or the applica-
tion thereto to any person or
circumstance is held invalid,
such invalidity shall not affect
other provisions or applica-
tions of the Ordinance, which
can be given effect without
the invalid provisions or ap-
plication and to this end, the
provisions of the Ordinance
are declared to be severable.
PASSED AND AP.
PROVED this 20th day of Fe-
bruary, 1996.
APPROVED:
By: Fred Hanna, Mayor
ATTEST: I
By: Traci Paul, City Clerk