Loading...
0538 /(, 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. /7 (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. /1 (3) APPROVED AND ADOPTED THIS '5th DAY OF ' APRIL , 1979. CITY OF JACKSONVILLE, ARKANSAS ~...v~. ~ ,A~-/ rR- r cF ATTEST: ".ft!. ,1'7 /< . . <).. ..' ,/l:~~ " {; l~~ 6IjE if:.7 1/(t~~Lt/ /~t-Ul-~~ ( /I APPROVED AS TO FORM: r \) C~) ~ oy.)~.__ Cl'l'Y~ ~NbY " 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.