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ORDINANCE NO. ,5 3 8
AN ORDINANCE ESTABLISHING REGULATIONS COVERING UNSANITARY ,AND
UNSIGHTLY CONDITIONS, AMENDING ORDINANCE NO. 86 AND CHAPTER 8.08
OF THE MUNICIPAL CODE OF JACKSONVILLE, AND "FOROTHE'R 'PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE,
ARKANSAS, THAT:
SECTION 1: Ordinance No. 86 and Chapter 8.08 of the Munici-
pal Code of Jacksonville are amended to read as follows:
CHAPTER 8.08
UNSANITARY AND UNSIGHTLY CONDITIONS
Sections:
8.08.010
8.08.020
8.08.030
8.08.040
8.08&050
8.08.060
8.08.070
Allowing to perpetuate - Prohibited.
Utilization of premises for abandoned materials
unlawful.
Abandoned vehicle - Defined.
Unsanitary and unsightly conditions - Defined.
Inspections.
Notice to nonresident owner.
Penalty - Procedure~
8.08.010
Allowing to perpetuate - Prohibited.
It is unlawful for any occupant, owner or owners of lots
or other real property within the corporate limits of the city
to allow weeds to remain uncut on lots or other real property
or to allow garbage, rubbish and other unsightly and unsanitary
articles and things upon said property, or to allow stagnant
pools of water or any other unsanitary thing, place or condition
which might become harmful to the health of the community to be
upon said lots or real property.
8.08.020
Utilization of premises for abandoned materials
unlawful.
It is unlawful for the owner or occupant of a residential
building, structure or property to utilize the premises of such
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 pre-
mises of such residential property clean and to remove from the
premises all such abandoned items as listed above.
8.08.030
Abandoned vehicle - Defined.
For the purpose of this chapter an abandoned motor vehicle
is defined as one that is in a state of disrepair and incapable
of being moved under its own power.**The city inspector may in
his discretion exempt any vehicle he ascertains to be an antique.**
8.08.040
Unsanitary and unsightly conditions - Defined.
Besides those items set out in Sections 8.08.010 and 8.08.020,
unsanitary and unsightly conditions will include but not be limi-
ted to car parts, old appliances, any building material, or any
material other than food stuff, such as paper, clothing, grass,
leaves, weeds, ashes, or any combination thereof.
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(2)
8.08eOSO
Inspections.
Inspectors employed by the city or health department shall
make regular inspections of all premises, alleys, and vacant
lots and/or properties in the city and shall have the power to
notify the occupant, owner or owners thereof of any unsightly
and/or unsanitary conditions existing thereon. Within twenty
days after such notice, it shall be the duty of the occupant,
owner or owners of such premises to immediately cause the re-
moval of such unsightly and/or unsanitary conditions, and if
such occupant, owner or owners do not so comply within twenty
days, the city inspector shall be authorized to immediately cor-
rect such unsightly and/or unsanitary condition, for which a lien
shall arise. In addition, any occupant or owner failing to obey
such notice and continuing to maintain an unsanitary or unsightly
condition shall be deemed guilty of a misdemeanor and upon con-
viction shall be fined as hereinafter set out~
8.08.060
Notice to nonresident owner.
In case the owner of any unoccupied lot or other real pro-
perty is unknown or his whereabouts is not known or he is a non-
resident of this state, then a copy of the written notice re-
ferred to in Section 8.08.050 shall be posted upon the premises
and before an action to prosecute such violation is taken, the
city attorney shall make an affidavit setting out the facts as
to the unknown address or whereabouts of nonresidents and there-
upon service by publication as now provided for by law against
nonresident defendants may be had, and if such nonresident
defendant fails or refuses to abate or eliminate any such condi-
tions, then the city is authorized to do whatever is necessary
to correct said condition and to charge the cost thereof to the
owner or owners of said lots or other real property, and the city
is given a lien against such property for such costs and an
attorney ad litem shall be appointed to notify the defendant by
registered letter to his last known place of residence if the
same can be found.
8.08.070
Penalty - Procedure.
Any occupant or owner violating any provlslon of this sec-
tion shall be fined not less than Twenty-Five ($25~00) Dollars
nor more than One Hundred ($100.00) Dollars for the first viola-
tion, nor more than Five Hundred ($500.00) Dollars for any
subsequent offense occurring within one year.
A. The city inspector, after allowing the aforementioned
twenty days to lapse without corrective action, shall sign an
affidavit alleging such violation of the above and file same
with the city attorney.
B. The city attorney shall issue a warrant for the arrest
of said violator.
C. The warrant for arrest shall be handled in the same
manner as is the usual procedure for such warrants.
SECTION 2: All ordinances and codes conflicting with this
ordinance are hereby repealed to the extent of such conflict.
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(3)
APPROVED AND ADOPTED THIS '5th DAY OF '
APRIL
, 1979.
CITY OF JACKSONVILLE, ARKANSAS
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ATTEST:
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APPROVED AS TO FORM:
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NOTE: -- ORDINANCE TO BECOME EFFECTIVE 5TH DAY OF MAY, 1979:
NOTE: FOR INFORMATIONAL PURPOSES ONLY: AN EMERGENCY CLAUSE WAS ATTEMPTED, BUT FAILED
BY 6-4 MARGAIN BY CITY COUNCIL. ORDINANCE TO BE PUBLISHED 30 DAYS HENCE (MAY 5, 1979)
PER NANCY GERREN, CITY CLERK.
**AMENDMENT TO ORDINANCE AS READ AT COUNCIL MEETING AND APPROVED BY MEMBERSHIP. (ONE
SENTENCE) liThe city inspector may in his di'scretion exempt any vehicle he
ascertains to be an antique." Per Nancy Gerren, City Clerk.