HomeMy WebLinkAboutOrdinance 5250 ORDINANCE NO. 5250
AN ORDINANCE TO AMEND §95.01 UNSIGHTLY OR UNSANITARY
CONDITIONS ON REAL PROPERTY; ORDER AND NOTICE TO CORRECT OF
THE FAYETTEVILLE CODE TO ENCOURAGE PROPERLY MAINTAINED AND
MANAGED NATURALISTIC LANDSCAPES
WHEREAS,the Aldermen Ordinance Review Committee has unanimously recommended approval
of this amendment of§95.01 based upon staff suggestions; and
WHEREAS, the City Council desires to allow its citizens to create properly maintained and
managed naturalistic landscapes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby amends §95.01
Unsightly or Unsanitary Conditions On Real Property; Order and Notice To Correct by replacing the
word "shall"with the word "may" in the second sentence of subsection (A).
Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby amends §95.01
Unsightly or Unsanitary Conditions On Real Property; Order and Notice To Correct, by enacting a
new subsection (C), as follows:
"(C) The mayor is authorized to establish comprehensive procedures
to administer this section and to determine when corrective actions by a
landowner are necessary. The mayor may consider how the land is being
used: agricultural, parkland, woodlands, residential, commercial, institutional,
or industrial; and whether the owner desires to maintain and manage a naturalistic
and sustainable landscape when determining whether a landowner must take
corrective action."
`1A�,G oG\(Y
PASSED and APPROVED this 7th day of July, 2009.
FAYETTEVILLE;
APPROVED: ATTEST: o%� �kAN`�P�'����
"'isia�yuam aessa��� �y
By: ' /lam— By:
l� �1lil ot'✓
I NELD JOR Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/7/2009
City Council Meeting Date
Agenda Items Only
Karen Minkel Strategic Planning/Internal Consult.
Submitted By Division Department
Action Required:
ADM 09-3307: (Sustainable Yards): The request is for approval of an ordinance amending §95.01 Unsightly or
Unsanitary Conditions On Real Property; Order and Notice To Correct of the Fayetteville Code to encourage properly
maintained and managed naturalistic landscapes.
N/A $
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
//I/I/f`7w' to 146 ( Previous Ordinance or Resolution#
Department irector Date
Original Contract Date:
�t !K
Original Contract Number:
City Attorney Date
Fina e and Internal Services Director Date Received in CityED
Clerk's Office
C L
Ch f ob I�te EkTf.REOr
Received in
6 Mayors Office
4�L4
or "Date
Comments:
Revised January 15,2009
City Council Meeting of July 7,2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr. Chief of Staff
From: Karen Minkel, Strategic Planning and Internal Consulting Director
Date: June 11, 2009
Subject: Sustainable Yards (ADM 09-3307)
RECOMMENDATION
Strategic Planning Staff recommends approval of an ordinance amending §95.01 Unsightly or
Unsanitary Conditions On Real Property; Order and Notice To Correct of the Fayetteville
Code to encourage properly maintained and managed naturalistic landscapes.
BACKGROUND
Multiple articles related to sustainable yards and gardening have appeared in national
magazines over the past several years citing the benefits of landscapes that require less
water and chemicals than conventional yards. These articles indicate the growing public
interest in experimenting with these types of yards, which is reflected in the handful of
complaints the Code Compliance Division receives each year where the property owner
claims that s/he is cultivating a naturalistic landscape or sustainable yard and wants to be
an exception to the City's mowing and weed treatment requirements. These naturalistic
landscapes are desirable because they reduce maintenance, conserve water, soil and other
elements of the natural ecosystem and often eliminate the need for pesticides, fertilizers
and other pollutants, promoting the City's overall goal of becoming increasingly
sustainable.
Strategic Planning staff has worked with the Development Services, Sustainability, and
Parks, Recreation and Community Spaces Departments to craft a protocol to identify and
exempt these types of yards, enabling property owners and the community overall to
benefit from these landscapes. The draft protocol requires property owners of sustainable
yards to complete a packet that identifies the vegetation in their yard and submit the
packet to the Code Compliance Division. Staff will then compare the submitted packet to
a list of over 200 plant species compiled from three sources that address native plant
species in Northwest Arkansas. Invasive species, even if native, and turf grass will not be
considered sustainable for the purposes of this policy. If there is a discrepancy between
the two lists, Code Compliance staff will consult with the appropriate Parks, Recreation
and Community Spaces staff in order to make a final determination.
Currently, Code Compliance staff does not have authority to allow an exception for
naturalistic landscapes or sustainable yards. The proposed ordinance amendment will
enable the Mayor to authorize staff to implement a protocol for addressing these
properties.
City Council Meeting of July 7, 2009
Agenda Item Number
DISCUSSION
The ordinance was discussed by the Ordinance Review Committee on June 10, 2009.
City Council member Lewis requested that the word "manage' be added to Section C so
that the ordinance reads as, `...whether the owner desires to maintain and manage a
naturalistic and sustainable landscape..." City Attorney Kit Williams also advised that
Section A be changed to read as, "...the mayor, or his duly authorized representative,
may give the owner of the property written notice..." rather than "shall give the owner..."
so that the Mayor is not required to give written notice of the violation by City Council.
The Ordinance Review Committee voted to forward the ordinance with these changes by
a vote of 3-0-0.
BUDGET IMPACT
None.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LLGALll1 PARTMENT
TO: Lioneld Jordan, Mayor
City Council
CC: Karen Minkel, Strategic Planning
Yolanda Fields, Community Services
FROM: Kit Williams, City Attorney
DATE: June 12, 2009
RE: §95 .01 Unsightly or Unsanitary Conditions on Real Property
The Ordinance Review Committee met with city staff on June 10, 2009, to
discuss the merits and advisability of amendments to §95.01 Unsightly or
Unsanitary Conditions on Real Property. Earlier the Environmental Concerns
Committee had also discussed the need for additional clarity in the code section
and administration procedures for properly addressing naturalistic landscaping.
After full discussion and careful consideration, the Ordinance Review Committee
modified the staff proposal and then unanimously recommended passage of the
proposed amendment to the City Council.
I have attached the current §95.01 (showing where the current "shall" is
proposed to be amended to "may") as well as the state statute that authorizes our
ordinance. I believe the affected City Staff unanimously joins the Ordinance
Review Committee in recommending approval of the amendments.
ORDINANCE NO.
AN ORDINANCE TO AMEND §95.01 UNSIGHTLY OR
UNSANITARY CONDITIONS ON REAL PROPERTY; ORDER
AND NOTICE TO CORRECT OF THE FAYETTEVILLE CODE TO
ENCOURAGE PROPERLY MAINTAINED AND MANAGED
NATURALISTIC LANDSCAPES
WHEREAS,the Aldermen Ordinance Review Committee has unanimously recommended approval
of this amendment of§95.01 based upon staff suggestions; and
WHEREAS, the City Council desires to allow its citizens to create properly maintained and
managed naturalistic landscapes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby amends §95.01
Unsightly or Unsanitary Conditions On Real Property; Order and Notice To Correct by replacing the
word "shall"with the word "may" in the second sentence of subsection (A).
Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby amends §95.01
Unsightly or Unsanitary Conditions On Real Property; Order and Notice To Correct, by enacting a
new subsection (C), as follows:
"(C) The mayor is authorized to establish comprehensive procedures
to administer this section and to determine when corrective actions by a
landowner are necessary. The mayor may consider how the land is being
used: agricultural, parkland, woodlands, residential, commercial, institutional,
or industrial; and whether the owner desires to maintain and manage a naturalistic
and sustainable landscape when determining whether a landowner must take
corrective action."
PASSED and APPROVED this 7th day of July, 2009,
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
CHAPTER 95: HEALTH AND SANITATION
ARTICLE I
GENERAL PROVISIONS State law references)--Refusal of owner to comply,
A.C.A.§14-54-903.
95.01 Unsightly Or Unsanitary 95.03 Enforcement Of Lien; Notice
Conditions On Real Property; Order And
Notice TO Correct (A) The lien herein provided for may be enforced and
collected in either one of the following manners:
(A) The mayor,or his duly authorized representative,is
hereby authorized to order the owner of any real (1) The lien may be enforced at any time within 18
property within the city to cut weeds and grass months after work has been done,by an action
growing thereon, remove garbage, rubbish and in circuit court;or
other unsanitary and unsightly articles and things
therefrom and eliminate, fill up or remove any (2) The amount of the lien herein provided may be
stagnant pool of water or any other unsanitary determined at a hearing before the City
thing, place or condition on such property which Council held after 30 days' written notice by
might become a breeding place for mosquitoes, certified mail to the owner or owners of the
flies and germs harmful to the health of the property, if the name and whereabouts of the
community. Whenever any such condition is found owner or owners be known,and if the name of
to exist, the or, or his duly authorized the owner or owners cannot be determined,
repr shal ive the owner of the property then only after publication of notice of such
written notice to erform such acts within 10 days. hearing in a newspaper having a bona fide
In case the owner of the property is unknown or his circulation in Washington County for one
whereabouts is not known or he is a nonresident of insertion per week for four consecutive weeks;
this state, a copy of the written notice shall be the determination of the City Council shall be
posted upon the premises. subject to appeal by the property owner in
circuit court;and the amount so determined at
(B) It shall be unlawful for any person to fail or refuse to said hearing, plus ten percent penalty for
comply with any order and notice given pursuant to collection,shall be by the City Council certified
this section. _ to the tax collector of the county, and by him
placed on the tax books as delinquent taxes,
(Code 1965,§11-1;Ord.No.1303,5-28-62:Ord.No.1721,12- and collected accordingly, and the amount, ,
15-69;Code 1991,§95.01;Ord.4510,08-19-03) less three percent thereof,when so collected
shall be paid to the city by the county tax
Cross reference(s)-Penalty.§95.99. collector.
State law reference(s)-Municipal authority,A.C.A.§14-
54-901. (B) In case the owner of any lot or other real property is
unknown or his whereabouts is not known or he is a
95.02 Abatement By City; Costs nonresident of this state,then a copy of the written
Responsibility Of Owner notice hereinabove referred to shall be posted upon
the premises and before any action to enforce such
If the conditions described in a notice given pursuant to lien shall be had, the City Clerk shall make an
§95.01 are not removed or corrected within 10 days affidavit setting out the facts as to unknown
after such notice is given, the mayor, or his duly address or whereabouts or nonresidence, and
authorized representative,is hereby authorized to enter thereupon service of the publication as now
upon the property and do whatever is necessary to provided for by law against nonresident defendants
correct or remove the conditions described, in the may be had, and an attorney ad them may be
notice. The costs of correcting said conditions shall be appointed to notify the defendant by registered
charged to the owner or owners of the property and the letter addressed to his last known place of
city shall have a lien against such property for such residence if same can be found.
costs.
(Code 1965,11-2;Ord.No. 1303,5-28-62;Ord.No.1721,12- (Code 1965,§§11-3, 11-3.1;Ord.No.1303,5-28-62;Ord.No.
15-69;Ord.No.2557,9-4-79;Code 1991,§95.02;Ord.4510, 1721, 12-15-69;Ord. No.2557,9-4-79;Ord.No.2922,5-17-
08-19-03) - 83;Code 1991,§95.03)
Cross reference(s)—Penalty,§95.99. State law reference(s)—Enforcement of lien for clearance
CD95:3
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
Proposed amendments are in bold type.
CHAPTER 95: HEALTH AND SANITATION
ARTICLE 1 95.02 Abatement By City; Costs
GENERAL PROVISIONS Responsibility Of Owner
If the conditions described in a notice given pursuant to
95.01 Unsightly Or Unsanitary Conditions §95.01 are not removed or corrected within 10 days
On Real Property; Order And Notice To after such notice is given, the mayor, or his duly
Correct authorized representative,is hereby authorized to enter
upon the property and do whatever is necessary to
correct or remove the conditions described, in the
(A) The mayor,or his duly authorized representative,is notice.The costs of correcting said conditions shall be
hereby authorized to order the owner of any real charged to the owner or owners of the property and the
property within the city to cut weeds and grass city shall have a lien against such property for such
growing thereon, remove garbage, rubbish and costs.
other unsanitary and unsightly articles and things (Code 1965, 11-2;Ord.No. 1303,5-28-62;Ord.No. 1721, 12-
therefrom and eliminate, fill up or remove any 15-69;Ord.No.2557,9-4-79;Code 1991,§95.02;Ord.4510,
stagnant pool of water or any other unsanitary 08-19-03)
thing, place or condition on such property which
might become a breeding place for mosquitoes, Cross reference(s)--Penalty,.95.99.
flies and germs harmful to the health of the
Community. Whenever any such condition is found State law reference(s)--Refusal of owner to comply,
to exist, the mayor, or his duly authorized A.C.A..14-54-903.
representative,may give the owner of the property 95.03 Enforcement Of Lien; Notice
written notice to perform such acts within 10 days.
In case the owner of the property is unknown or his
whereabouts is not known or he is a nonresident of (A) The lien herein provided for may be enforced and
this state, a copy of the written notice shall be collected in either one of the following manners:
posted upon the premises.
(1) The lien may be enforced at any time within 18
(B) It shall be unlawful for any person to fail or refuse months after work has been done, by an
to comply with any order and notice given pursuant action in circuit court; or
to this section.
(2) The amount of the lien herein provided may
(C) The mayor is authorized to establish be determined at a hearing before the City
comprehensive procedures to administer this Council held after 30 days' written notice by
section and to determine when corrective certified mail to the owner or owners of the
actions by a landowner are necessary. The property, if the name and whereabouts of the
mayor may consider how the land is being owner or owners be known,and if the name of
used: agricultural, parkland, woodlands, the owner or owners cannot be determined,
residential, commercial, institutional or then only after publication notice of such
hearing in a newspaper having
ng a bona fide
industrial; and whether the owners desires to circulation in Washington County for one
maintain and manage a naturalistic and insertion per week for four consecutive weeks;
sustainable landscape, when determining the determination of the City Council shall be
whether a landowner must take corrective subject to appeal by the property owner in
action. circuit court;and the amount so determined at
said hearing, plus ten percent penalty for
(Code 1965,.11-1;Ord.No.1303,5-28-62;Ord.No.1721,12- Collection,shall be by the City Council certified
15-69;Code 1991,§95.01;Ord.4510,08-19-03) to the tax collector of the county, and by him
Cross reference(s)--Penalty,.95.99. placed on the tax books as delinquent taxes,
and collected accordingly, and the amount,
State law reference(s)--Municipal authority,A.C.A..14- less three percent thereof,when so collected
54-901. shall be paid to the city by the county tax
collector.
CD95:3
y
�I
POWERS OF MUNICIPALITIES GENERALLY § 14-54-902
§ 14-54-804. Repealed by Acts of 1995, Act 555, § I
SUBCHAPTER 9—REGULATION OF UNSANITARY CONDITIONS ,
§ 14-54-901. Authorization
Incorporated towns and cities of the first and second class are empowered to
order the owner of lots and other real property within their towns or cities to
cut weeds; to remove garbage, rubbish, and other unsightly and unsanitary
articles and things upon the property; and to eliminate, fill up, or remove
stagnant pools of water or any other unsanitary thing, place, or condition
which might become a breeding place for mosquitoes, flies, and germs harmful
to the health of the community, after the town or city has provided therefor by
an ordinance to that effect.
Acts of 1943, Act 100, § I.
Formerly A.S.A. 1947. § 19-2325.
Library References
Municipal Corporations x607.
Westlaw Key Number Search; 268k607.
Research References
Treatises and Practice Aids ` 245 BNA Daily Tax Report KIb, 2000.
245 RNA Daily Repoli lot- Executives K-16,
2000.
§ 14-54-902. Notice
(a) In case the owner of any lot or other real property is unknown or his
whereabouts is not known or he is a nonresident of this state, then a copi
f the
written notice referred to in § 14-54-903 shall be posted upon the promises ;y
Before any action to enforce the lien shall be had, the recorder of the town or
the city clerk shall make an affidavit setting out the facts as to unknown address
or whereabouts of nonresidents.
(b) Thereupon, service of the publication, as provided for by law against
nonresident defendants, may be had. An attorney ad liter shall be appointed .
to notify the defendant by registered letter addressed to his last known place of
residence if it can be found.
r (c) Except as provided in subsection (b) of this section, notices required by
[])is subchapter shall be published, mailed, or delivered by the municipal
recorder or clerk or such other person as designated by the governing body of
the municipality.
Acts of 1943, Act 100, § 3; Acts of 1989, Act 239, § 2.
Formerly A.S.A. 1947, § 19-2327.
�f.
Library References s
Municipal C:orpoli'6011s 0-607. Westlaw Key Number Search: 2681<607.
75
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RECEIVED
A*ansm Democrat ($azo JUL 2,0 2009
• .... s_. CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville - Ordinance 5250
July 12, 2009
Publication Charge : $ 75.32
Signed: _ 2'r_ --
Subscribed and sworn to before me
This/Lf day of 4kt-e� 2009.
Notary Public - Q. v%
My Commission Expires: -Pe 020%
Do not pay from Affidavit, an invoice will be sent THA.
O�oMM•••q��
�G TAR
PUBX-%ry;
Sit,�'�ay oy,,'y°•PQ�r
TpM Cp.,
RECEIVE®
JUL 2,0 2009
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ONDINANCE NO 62a0'I '
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Oq UNSANITARY^CONDITIONS
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d P�1SSEp and JIFPRDYED this 7th day 0f Juiy 2009 x j''
APPflOVEO
7 vs
LIONELD JORDAN Ysyor '^ s;SON � , � "" �4
