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Ordinance 2006-07

ORDINANCE NO. 2006-07
AN ORDINANCE PROHIBITING THE MAINTENANCE OR KEEPING OF
ANY HOUSE, BUILDING OR STRUCTURE WITHIN THE CITY WHICH
HAS BECOME DILAPIDATED, UNSAFE, UNSANITARY, OR
DETRIMENTAL TO PUBLIC WELFARE OR THE HEALTH OF THE
COMMUNITY; PRESCRIBING A PROCEDURE TO BE FOLLOWED IN
PROVIDING NOTICE AND REMOVAL OF THE CONDITION; REPEALING
ALL CODE SECTIONS IN CONFLICT HEREWITH; AND FOR OTHER
PURPOSES.
WHEREAS, unsafe, unsanitary, and dilapidated houses, buildings and structures, or portions
thereof, within the City of Johnson pose an unnecessary risk to the residents of the City as well
as visitors.
WHEREAS, the City should endeavor to protect its residents and visitors to the City from
the harmful effects of such conditions.
BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF JOHNSON.
ARKANSAS:
SECTION 1: There is hereby adopted an Ordinance regulating the condition of houses,
buildings and structures, or portions thereof, within the City of Johnson, Arkansas.
Maintenance of Houses, Buildings and Structures
Sections
01 Prohibited Conduct
02 Condemnation Authorized
03 Resolution of City Council
04 Notice to Owner/Others
05 Abatement of Nuisance; Removal by City
06 Vacating Premises
07 Allowing Occupation of Premises
08 Occupying Premises
09 Parts of Structures as Nuisances
10 Disposal of Removed Premises
11 Proceeds of Sale
12 Failure to Follow Court Order
13-99 Reserved
Doc ID: 010432100005 Tvoe: REL
Recorded: 10/18/2005 at 08:36:52 AM
Fee Amt: $20.00 Pace 1 of 5
Washinaton;Countv. AR
Bette Stamns Circuit Clerk ,:,
FU.2006-00042770
Muni ci|»l/OTj Ordinal ice CondtmitUioH of House
Section 01: Prohibited Conduct
It shall be unlawful for any person or legal entity to own, keep or maintain any house,
mobile home, trailer, building and/or structure, or portion thereof within the corporate limits of
the City which constitutes a nuisance and which is found and declared to be a nuisance by
resolution o f the City Council. A "Portion" of a building or structure shall mean and include, but
shall not be limited to, parts or areas sewed by a separate utility meter or meters, or having a
separate entrance thereto.
Section 02: Condemnation Authorized
Any house, mobile home, trailer, building and/or structure, or portion thereof, which is
found and declared to be a nuisance by resolution of the City Council will be condemned and
vacated, or be vacated, torn down and removed as provided in this Ordinance.
Section 03: Resolution of Council
The resolution of the City Council condemning any house, mobile home, trailer, building
and/or structure, or portion thereof, which constitutes a nuisance, will include in the resolution an
adequate description of the house, mobile home, trailer, building and/or structure, or portion
thereof, the name, if known, of the owner thereof and shall set forth the reason the house, mobile
home, trailer, building and/or structure, or portion thereof, is or has been condemned as a
nuisance. At least ten days prior to the City Council meeting at which the Condemnation
Resolution is to be considered, the Building Inspector/Official shall provide the same notice to
the property owner, any lien holders, and mortgage holders, as required in Section 04.
Section 04: Notice to Owner/Others
After a house, mobile home, trailer, building and/or structure, or portion thereof has been
found and declared to be a nuisance and condemned by resolution as provided in this Ordinance,
a true and certified copy of the resolution will be sent, by the Johnson Building
Inspector/Official, certified mail, addressee or addressee's agent only, and by first class mail,
postage prepaid, to the owner thereof if the whereabouts of the owner thereof are known. A true
and certified copy of the resolution shall also be sent, by the Johnson Building Inspector/Official,
by first class mail, postage prepaid, to any recorded mortgage or lien holders with an interest in
the subject property. A true and certified copy of the resolution shall also be posted at a
conspicuous place on the house, mobile home, trailer, building and/or structure or portion thereof
regardless of whether the whereabouts of the owner are known. If the owner of the house,
mobile home, trailer,, building and/or structure or portion thereof are unknown or if his
whereabouts or last address is unknown, the posting of the copy of the resolution as provided in
this section will suffice as notice.
Section 05: Abatement of Nuisance; Removal by City
If the house, mobile home, trailer, building and/or structure, or portion thereof,
constituting a nuisance, has not been torn down and removed, or the nuisance otherwise abated
within thirty (30) days after the posting of the true and certified copy of the resolution at a
conspicuous place on the house, mobile home, trailer, building and/or structure, as aforesaid, the
MuradpalAnj Ordinance Condemruikm
Fayetteville/Springdale Water Department shall be directed to cut off and stop water service to
the house, mobile home, trailer, building and/or structure, or portion thereof, constituting a
nuisance, if the house, mobile home, trailer, building and/or structure, or portion thereof, is
served by the Fayetteville/Springdale Water Department. If the house, mobile home, trailer,
building and/or structure, or portion thereof, constituting a nuisance, has not been vacated, or not
torn down and removed if the house, mobile home, trailer, building and/or structure is
condemned in its entirety, or said nuisance otherwise abated, within thirty (30) days after the
posting of the resolution of condemnation as aforesaid, the house, mobile home, trailer, building
and/or structure, so condemned in its entirety shall be torn down and/or removed as directed by
the Mayor, or by such other official, person or persons as shall be designated by the City
Council. Provided however, that prior to the actual tearing down and removal of the nuisance
structure, the City Building Inspector/Official shall place on the City Council Agenda, a second
hearing on the matter to afford the owner, or any mortgage or lien holders of record, the
opportunity to present evidence that the nuisance violations which precipitated the condemnation
have been brought into compliance. This second hearing shall be placed on the City Council
Agenda for the first City Council meeting which occurs at least thirty (30) days after the initial
condemnation resolution was passed. The Council, after reviewing said evidence, shall then vote
on whether the structure in question shall be demolished. The vote shall be determined by
simple majority. The vote at the second meeting to determine the demolition of the structure
shall constitute the final action of the City Council regarding that condemnation. If the City
Council should vote in favor of demolishing the structure in question, the City Building
Inspector/Official shall wait thirty (30) days from the date of the final vote by the City Council
before beginning actual demolition. The sole purpose of this thirty (30) day waiting period, is to
allow the property owner, mortgage holder, or lien holder an opportunity to appeal the decision
of the City Council pursuant to Ark. Code Ann. Sec. 14-56-425 or Ark. District Court Rule No.
9. No further arguments or appeals will be heard before the Council after the final vote. This
Ordinance shall in no way act to limit any individuals' rights or privileges to appeal such
decision under Ark. Code Ann. Sec. 14-56-425 or Ark. District Court Rule No. 9.
Section 06: Vacating Premises
If any house, mobile home, trailer, building and/or structure or portion thereof is
occupied at the time of the posting of the Notice declaring a nuisance as provided in this
Ordinance, the occupant or occupants thereof shall have thirty (30) days in which to vacate the
premises after the posting; and any occupancy or holding over from and after the mentioned
thirty (30) days from the posting shall constitute a misdemeanor.
Section 07: Allowing Occupation of Premises
It shall be unlawful for the owner of any house, mobile home, trailer, building and/or
structure, or portion thereof, posted as a nuisance under this code section, to lease, let or
otherwise allow to be occupied any such house, mobile home, trailer, building and/or structure,
or portion thereof, after it shall have been vacated pursuant to the provisions of this Ordinance.
Municipal/Co] Ordinance Condcnmalion of
Section 08: Occupying Premises
It shall be unlawful for any person to occupy, by lease or otherwise, any house, mobile
home, trailer, building and/or structure, or portion thereof, after it shall have been vacated
pursuant to the posting of the Notice of condemnation under this Ordinance, and any person so
occupying it shall be guilty of a misdemeanor.
Section 09: Parts of Structures as Nuisances
It is the express purpose and intent of the City Council that if any house, mobile home,
trailer, building and/or structure containing a portion thereof which constitutes a nuisance is not
subject to tearing down and removing in its entirety, then the portion thereof so constituting a
nuisance shall be vacated and kept vacated.
Section 10: Disposal of removed Structure
The city building inspector or such other official or person as shall be designated by the
City Council to tear down and remove any house, mobile home, trailer, building and/or structure
constituting a nuisance will accomplish and effect the removal thereof and dispose of it in such a
manner as deemed appropriate in the circumstances, and to that end, if it has substantial value,
shall sell the house, mobile home, trailer, building and/or structure, or any saleable material
thereof, by public sale to the highest bidder for cash, ten days' notice of the sale being first given
by one publication in some newspaper having a general circulation in the city to accomplish and
effect its removal and the abatement of the nuisance.
Section 11: Proceeds of Sale
All proceeds of the sale under this Ordinance of any house, mobile home, trailer, building
and/or structure, or the proceeds of the sale of saleable materials therefrom, and all fines
collected from the provisions of this Ordinance, shall be paid by the person collecting them to
the city recorder/treasurer. If any such house, mobile home, trailer, building and/or structure or
the saleable materials thereof are sold for an amount which exceeds all costs incidental to the
abatement of the nuisance (including the cleaning up of the premises) by the city, plus any fine
imposed, the balance will be returned by the city recorder/treasurer to the former owner of the
house, mobile home, trailer, building and/or structure constituting the nuisance if the owner can
be located, otherwise the excess sale proceeds will be held by the recorder/treasurer for the
demand of the owner.
Section 12: Failure to Follow Court Order
If the owner of any house, mobile home, trailer, building and/or structure judicially found
to be a nuisance under this Ordinance fails or refuses to abide by the orders of the court, the city
building inspector or such other official or person referred to in Sections 05 and 05 will take such
action as provided in Sections 05 and 10 as will be applicable to such owner. The provision
contained in the immediately preceding sentence applies independently of any action as may be
taken by the court judicially declaring the nuisance.
Sections 13 thru 99: Reserved
SECTION 2: All parts of this Municipal Code in conflict herewith, are hereby repealed
to the extent of such conflict.
SECTION 3: Except as hereinabove specifically provided, Title 5 of the Johnson
Municipal Code is ratified and confirmed.
PASSED AND APPROVED this 12th day of September, 2006.
RICHARD LONG
ATTEST: