Cleaning Private Property

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  AN ORDINANCE AUTHORIZING ORDERS BY THE CITY FOR THE CLEARANCE, ABATEMENT, AND ELIMINATION OF UNSIGHTLY AND UNSANITARY CONDITIONS ON REAL PROPERTY WITHIN THE CITY; PROVIDING PROCEDURES AND NOTICE TO LANDOWNERS; ESTABLISHING A LIEN AGAINST THE REAL PROPERTY FOR PAYMENT OF COSTS OF WORK DONE AND DECLARING AN EMERGENCY.

THAT WHEREAS, the City of Emmet, Arkansas does not have an ordinance enabling the City to issue orders for the clearance, abatement, and elimination of unsightly and unsanitary conditions existing upon lots and parcels of real property within the City as authorized by Act 100 of the General Assembly of the State of Arkansas for the year 1943, NOW, 

THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EMMET, ARKANSAS:

Section 1) The City Council of the City of Emmet, Arkansas is hereby authorized and empowered to adopt and pass resolutions and issue orders to the owners or owner of lots and other parcels of real property within the City of Emmet, Arkansas to cut weeds, remove the garbage, rubbish, junk, and other unsightly and unsanitary articles and things upon any such real property and to eliminate, fill up, or remove any stagnant pool or pools of water or other unsanitary things, place or condition, which might become the breeding place for flies, mosquitoes, and germs harmful to the health of the inhabitants of the City.

Section 2) If the owner or owners of the lot or parcel of real property are residents of the State of Arkansas and their whereabouts and address is known, upon the passage or adoption of any such resolution or order by the City Council as provided above, notice in writing signed by the Mayor and City Recorder specifying the particular condition, conditions, article or thing to be cleared, abated or eliminated by the owner or owners, and specifying the lot or parcel of land upon which the same is located or existing as contained in said order or resolution, shall be given in person or by certified or registered mail to any such resident owner or owners of the said real property.

If the owner of any lot or real property within the City is unknown or his whereabouts is not known or if such owner or owners to whom notice is to be given are non-residents of the State of Arkansas, then a copy of the said notice in writing hereinabove referred to shall be posted upon the premises.

Section 4) If the owner or owners of any lot or real property within the City shall neglect or refuse to remove, clear, abate, or eliminate any such condition, conditions, article, or things specified in the notice hereinabove described, after twenty (20) days from the date of the giving or posting of said notice, then and in that event, the City of Emmet, Arkansas, its agents and employees are hereby authorized to do whatever is necessary to correct, clear, abate or eliminate the condition, conditions, article or thing specified in the order and notice in writing and to charge the costs thereof to the owner or owners of said lot or real property.

Section 5) A lien is hereby given and established in favor of the City of Emmet, Arkansas against any lot or real property within the City, upon which any such work for the abatement or elimination of such condition, conditions, article or things and this lien may be enforced at any time within 18 months after the work has been done for the abatement or elimination of any such condition, conditions, article or things by an action for that purpose brought in the Chancery Court of Nevada County, Arkansas.

However, before any action to enforce such lien shall be had against the owner or owners of any real property within the City, who are unknown or their whereabouts are unknown or if the owner or owners are not residents of this state, the City Recorder shall make an affidavit setting out the facts as to the unknown address or whereabouts or of the fact that such owner or owners are not residents of the State of Arkansas, and thereupon service shall be had by the publication by Warning Order published as now or may hereafter be provided by law against such unknown or non-resident defendants and an attorney ad litem shall be appointed to notify the defendant or defendants by registered letter addressed to the last known address or place of residence, if same can be found. 

Section 6) The City Council of the City of Emmet, Arkansas does hereby find and declare that because of the failure or neglect of owners of real property within the City of Emmet, Arkansas to clear, abate, and eliminate unsightly and unsanitary conditions on the real property within the City, and this ordinance is thus necessary for the preservation of the peace, health, safety, and welfare of the inhabitants of the City of Emmet, Arkansas, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect, from and after its passage and approval. 

PASSED AND APPROVED on this 30th day of September 1961

Otis Townsend (Found on file)

MAYOR

ATTEST:

W.E. McFarland (Found on file)

CITY RECORDER

AFFIDAVIT OF POSTING

STATE OF ARKANSAS

COUNTY OF NEVADA

We hereby state on oath that on or about the 2nd day of October 1961, we posted a Certified Copy of Ordinance No 1 of 1961 of the City of Emmet, Arkansas, passed and approved on the 30th day of September 1961 in each of the following public places within the City of Emmet, Arkansas, where same remained for public inspection for more than 10 days:-

1) Emmet Barber Shop

2) Emmet Mercantile Co.

3) Emmet Post Office Lobby

 Otis Townsend (Found on file)

Mayor of Emmet, Arkansas

W.E. McFarland (Found on file)

City Recorder of Emmet, Arkansas

Subscribed and Sworn to before me this 4th day of Oct 1961

James R. Snell (Found on file)

Notary Public

My Commission Expires:

Feb 20, 1963