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Ordinance #103

AN ORDINANCE REGULATING LAND CLEARANCE, SOLID
WASTE AND ABANDONED OR INOPERATIVE MOTOR
VEHICLES, TO CLARIFY LANGUAGE AND TIME
REQUIREMENTS, AND TO ADD PENALTIES, PROCEDURES
FOR OBTAINING AND ENFORCING LIENS FOR COSTS,
AND TO DECLARE AN EMERGENCY, AHD FOR OTHER
PURPOSES.

WHEREAS, the removal of unsafe, unsanitary or unsightly
conditions on property within the City is necessary to protect
the citizens from fire, health, and safety hazards as well as to
protect the benefit of surrounding property owners and all
citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF JOHNSON, ARKANSAS.
SECTION 1: LAND CLEARANCE
Section 1-A: Intent and purpose.
This ordinance is hereby declare-!) to be remedial, and
shall bs construed to secure the beneficial interests and
purposes hereof, which are public safety, health, aesthetics and
general welfare of the residents of the City of Johnson through
prevention and alleviation of unsafe, unsanitary and unsightly
conditions; risk to safety of life and property from fire, bodily
injury and other hazards incident to such conditions existing
upon real property within the City, whether upon empty lots, in
driveways, yards, or open spaces, within cr about structures of
any and all types, or any other manner of existence; and to
preserve the aesthetic values of the residents of the City of
Johnson.
Section 1--B: Unsanitary, unsightly or uvisafa condition defined.

 

An unsanitary, unsightly or unsafa condition is defined
as any such condition deemed such in the discretion of the Mayor
or his authorized representative, including but not limited to
stagnant pools ••„]• water, an accumulation of trash QIT garbage,
waste procinctJs from commercial activity; or the refuse
accumulations of animal, fruit or vegetable matter, rubbish,
leaves, .Limbs, weeds, metal, plastic, paper.', or other substances
which may accumulate and/or which emit vile., offensive odors, or
provide a harborage for insects, flies or rodents, or increase
the risk or hazard of fire, or constitute a public nuisance, or
created a condition offensive or 'dangerous to health, safety,
aesthetics or public welfare generally.
Section 1-C: Duty of property owners a-;d persons holding a
possessory interest in the property.
(a) All property owners and those person holding a
possessory interest in property within the City of Johnson, such
as leasehold tenants, are hereby required to cut weeds, grass,
tremove garbage, rubbish, and other unsanitary and unsightly
articles and things from their property, and to eliminate, fill
up, or remove stagnant pools of water or any other unsanitary
things, places or conditions which might become a breeding place

for mosquitoes, flies, rodents or germs harmful to the health of
the community, or which otherwise constitute a condition
offensive or dangerous to the public aesthetics or welfare.
Section 1-D: entitled "Notice; correction by City; lien"
"If the owner of any lot or other real property, within
the City of Johnson, shall neglect or refuse to remove, abate, or
eliminate any condition provided for in this chapter (pursuant to
an ordinance passed by the City of Johnson), then the City of
Johnson, after giving the owner seven (7) days notice in writing
to do so, is authorized to do whatever is necessary to correct
the condition and to charge the cost thereof to the owner of the
lots or other real property."
State law reference A.C.A. 14—54—903 (A).
Section 1-E: entitled "Service of notice" shall be amended to
read as follows:
"Owners of property in violation of bhis chapter shall be
notified in writing at their current or last know address. In
case the owner of any lot or other real property is unknown or
his whereabouts is not know or is a non-resident of this State,
then a copy of the written notice shall be posted upon the
premises. Before any action to enforce the lien shall be had,
the City Clerk shall make an Affidavit setting out the facts as
to unknown address or whereabouts of the non-resident.
Thereupon, service of the publication as provided for by law
against non-resident defendants, may be had. An attorney ad
litem shall be appointed to notify the defendant by registered
letter, addressed to his last known place of residence, it it can
be found.
Section 1-F: Enforcement of lien.
The amount of the lien may be determined at a hearing
before the City Council held after thirty (30) days' written
notice by certified mail to the owner of the property if the name
and whereabouts of the owner is known. If the name of the owner
cannot be determined, then the amount will be determined only
after publication of notice of the hearing once a week for four
(4) consecutive weeks. The determination of the City Council is
subject to appeal by the property owner to the Chancery Court.
The amount so determined at the hearing, plus ten percent (10%)
penalty for collection, shall be certified by the City Council by
ordinance to the tax collector of the county in which the
property is located, to be placed on the tax books as delinquent
•taxes, and collected accordingly. The amount, less three percent
(3%) thereof, when so collected shall be paid to the City by the
county tax collector. In the alternative, the lien provided for
pursuant to this chapter and state law may be enforced in
Chancery Court at any time within eighteen (18) months after work
has been done.
Section 1-G: Additional Penalties.
"In addition to any liens provided for in Section if,
any violation of this ordinance by a property owner and/or person
holding a possessory interest in the property, such as a
leasehold tenant), are punishable by: to pay a fine of not less
than five dollars ($5.00) nor more than five hundred dollars
($500.00), and double that amount for a repeated and willful
violation of the same ordinance; and/or fine of not less than
($1.00) nor more than two hundred fifty dollars ($250.00) for
each day of continuance.
Persons falling or refusing to pay a fine and cost of
prosecution for violation of a city ordinance shall be committed
until same is paid, or the party discharged by due process of
law. Provided, punishment for an offense made a misdemeanor by
state law shall be neither more or less than that provided by
state law.

Section 1-H. Definitions.
A. Ex traordin ar y. Materials - hazardous wastes, body
wastes, dead animals, abandoned vehicles, vehicle parts, large
equipment and parts thereto.
B. Garbage - shall mean the same, as and be defined as
solid waste.
C. Hazardous Materials. - shall mean wastes that are
hazardous by reason of their pathological, explosive,
radiological or toxic characteristics, or by virtue of their
being defined as hazardous by any stata or federal law or
regulation.
D- Rubbish or Yard Trash - shall mean the same as and
be defined as solid waste.
E. S_o_li_cL Wasjte, - shall mean all putresible and
non-putrescible waste in solid or semi-solid form including, but
not limited to, garbage, rubbish, ashes or incinerator residue,
or street refuse, but excluding "extraordinary materials" and
"hazardous materials".
F. Special Materials. - shall mean those bulky
materials or other special wastes that are not stored in approved
containers and cannot be picked up by hand. ,
G. Trasjh - shall mean the same as end be defined as
solid waste.
Section 3: Abandoned or Inoperative Motor Vehicles.
Section 3 A: Leaving on public streets.
It is unlawful for any person to in any way abandon a
motor vehicle or leave an inoperative motor vehicle on any public
street or in any public place for a period of more than fortyeight
(48) hours.
Section 3 B: Leaving on property of another.
It is unlawful to have any abandoned, unlicensed,
inoperative, or unsightly motor vehicle exposed to public view on
any private premises for a period of more than fifteen (15) days.
Section 3 D: Violations; procedures.
Enforcement of this article shall be as follows:
(1) Any motor vehicle left abandoned, unlicensed,
or unattended in violation of sections 3 A or 3 3 shall be towed
away and stored at the expense of the owner of the motor vehicle.
(2) The owner or occupier of premises upon which any
motor vehicle is left exposed to public view in violation or
section 3B shall be charged with such violation and punished
accordingly to Section 1 G.
Section 3 E: Enforcement.
The responsibility for enforcement of this article
shall be with the Johnson Police Department which shall make
investigations, serve notices, make arrests, arrange for towing
and storage, and dispose of motor vehicles ••and perform such other
duties as are necessary or incidental thereto.
WHEREAS, it is necessary for the efficient operation of
the Johnson Municipal Government that the regulation of land
clearance, solid waste removal and abandoned and/or inoperative
motor vehicles be planned and adopted;

NOW, THEREFORE, an emergency In hereby declared to
exist and this ordinance being necessary for the preservation of
the public peace, health, and. safety, shall take effect and be in
force from and after its passage and approval.