Loading...
0448 ORDINANCE NO. 4 4 8 AN ORDINANCE PROVIDING FOR THE CONDEMNATION AND REMOVAL OF HOUSES, BUILDINGS AND /OR STRUCTURES CONSTITUTING A NUISANCE WITHIN THE CORPORATE LIMITS; PROVIDING A PENALTY THEREFOR, AND FOR OTHER PURPOSES. BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS: SECTION 1. That it shall be and it is hereby declared to be unlawful for any person or persons, partnership, corporation or association, to own, keep or maintain any house, building and /or structure within the corporate limits of the City of Jacksonville, Arkansas, which constitutes a nuisance and which is found and declared to be a nuisance by Resolution of the City Council. SECTION 2. That any such house, building and /or structure which is found and declared to be a nuisance by Resolution of the City Council will be condemned to ensure the removal thereof as herein provided. SECTION 3. That the Resolution of the City Council condemning any house, building and /or structure which constitutes a nuisance will include in said Resolution an adequate description of the house, building and /or structure; the name or names, if known, of the owner or owners thereof; and shall set forth the reason or reasons said house, building and /or structure is or has been condemned as a nuisance. SECTION 4. After a house, building and /or structure has been found and declared to be a nuisance and condemned by Resolution as herein provided, a true or certified copy of said Resolution will be mailed to the owner or owners thereof 1 f the whereabouts of said owner or owners thereof be known or if their last known address be known. And a copy thereof shall be posted at a conspicuous place on said house, building and /or structure#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. SECTION 5. If the house, building and /or structure consti- tuting a nuisance has not been torn down and removed, or said nuisance otherwise abated, within thirty (30) days after posting the true copy of the Resolution at a conspicuous place on said house, building and /or structure, as aforesaid, then the said house, building and /or structure constituting the nuisance will be torn down and /or removed by the Chief of Police or by such other person or persons as shall be designated by the City Council. I I SECTION 6. The Chief of Police or any other person or persons designated by the City Council to tear down and remove any such house, building and /or structure constituting a nuisance will insure the removal thereof and dispose of the same in such a manner as deemed appropriate in the circumstances and to that end may, if the same have a substantial value. sell said house, building and /or structure, or any saleable material thereof, by public sale to the highest bidder for cash, ten (10) days notice thereof being first given by one publication in some newspaper having a general circulation in the City to ensure its removal and the abatement of the nuisance. SECTION 7. All the proceeds of the sale of any such house, building and /or structure, or the proceeds of the sale of sale- able materials therefrom and all fines collected from the pro- visions of this Ordinance shall be paid by the person or persons *Provided, that if the owner or owners of said house, building and /or structure t 1 efial r°!uil -2- the ame to the City Reee�er. If any collecting same Y such house, building and /or structure, or the saleable materials thereof, be sold for an amount which exceeds all costs incidental to the abatement of the nuisance (including the cleaning up of the pre - mises) by the City, plus any fine or fines imposed, the balance thereof will be returned by the City Recorder to the former owner or owners of such house, building and /pr structure constituting the nuisance. SECTION 8. A fine of Ten Dollars ($10,00) is hereby imposed against the owner or owners of any house, building and /or structure found and declared to be a nuisance by Resolution of the City Council thirty (30) days after the same has been so found and declared to be a nuisance and for each day thereafter said nuisance be not abated constitutes a separate and distinct offense punish- able by a fine of Ten Dollars ($10.00) for each said separate and distinct offense; provided the notice as herein provided in Section 4 hereof has been given within ten (10) days after said house, building and /or structure has been by Resolution found and declared to be a nuisance. SECTION 9. In the event it is deemed advisable by the city Council that a particular house, building and /or structure be judicially declared to be a nuisance by a court having jurisdiction of such matters the City Council is hereby authorized to employ an attorney to bring such an action for said purpose in the name of the City and the only notice to be given to the owner or owners of any such house, building and /or structure sought to be judicially declared to be a nuisance will be that as now provided for by law in such cases in a Court of equity or Chancery Court. When any such house, building and /or structure has been declared judicially to be a nuisance by a Court of competent jurisdiction a fine of Ten Dollars ($10.00) is hereby imposed against the owner or owners thereof from the date said finding is made by the Court and for each day thereafter said nuisance be not abated constitutes a separate and distinct offense punishable by a fine of Ten Dollars ($10.00) for each separate and distinct offense. In the event the owner or owners of any such house, building and /or structure judicially found to be a nuisance fails or refuses to abide by the Orders of the Court, the Chief of Police or other person or persons referred to in Section 5 of this Ordinance will take such action as provided in Section 6 hereof, and Section 7 of this Ordinance will be applicable to such owner or owners. The provisions con - tained in the immediately preceding sentence applies independently of any action as may be taken by the Court judicially declaring the nuisance. SECTION 10. If, for any reason, any portion of this Ordinance be held to be invalid, such invalidity shall in no wise affect the remaining portions thereof which are valid, but such valid portions shall be and remain in full force and effect. SECTION 11. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 12. It is found and determined by the City Council of the City of Jacksonville, Arkansas, that this Ordinance is immediately necessary for the safety and welfare of the inhabitants of the City of Jacksonville, Arkansas and an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage and approval. it .3- I' Al APPROVED this - day of CcXz) , 1977. 1�'IHY UK ATTEST: / CITY CItcRK d_ 71- APPROVED AS TO FORM: X ,i /.r !1 ' Y A OR'