Ordinance 070507

AN ORDINANCE PROHIBITING THE MAINTENANCE ORKEEPING OF
ANY HOUSE, BUILDING OR STRUCTURE WITHIN THE CITY OF ELKINS
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; REPEALING ELKIN'S
MUNICIPAL CODE CHAPTER 5.16; ADOPTING A NEW CHAPTER 5.18 OF
THE ELKINS MUNICIPAL CODE; AND FOR OTHER PURPOSES.

WHEREAS, unsafe, unsanitary, and dilapidated houses, buildings and structures, or
portions thereof, within the City of Elkins pose an unnecessary risk to the residents of the 2ity 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 ELKINS,
ARKANSAS:

SECTION 1: There is hereby adopted an Ordinance regulating the condition of houses,
buildings and structures, or portions thereof, within the City of Elkins, Arkansas. Effective with
the passage of this Ordinance the following shall be added as Chapter 5.18 of the Elkins
Municipal Code.

Maintenance of Houses, Buildings lind 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

Section 5.18.01: 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 corporatelimits of
the City which constitutes a nuisance and which is found and declared to be a nuisance-by
resolution of the City Council. A "Portion" of a building or structure shall mean and include, but
shall not be limited to, parts or areas served by a separate utility meter or meters, or having a
separate entrance thereto.

Section 5.18.02: 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 5.18.03: 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 5.18.04: Notice to Owner/Others

After a house, mobile ho!Il,e;:frailer, building and/or structure, or portion thereof, has been
found and declared to be a nuisarice and condemned by resolution as provided in this Ordinance,
a true and certified copy of the resolution will be sent, by the Elkins 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 ~nt, by the Elkins 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 5.18.05: Abatement of Nuisance; Removal by City

If the house, mobile home, trailer, building and/or structure, or portion thereof,
1 ) 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

Elkins 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 Elkins 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 Elkin's Building Inspector/Official shall p.lace
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 Elkin's 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 wfll be heard before the Council
after the final vote. This Ordinance shall in no way act to Jwnt any individuals' rights or
privileges to appeal such decision under Ark. Code Ann:;Siic. 14-56-425 or Ark. District Court
Rule No. 9.

Section 5.18.06: Vacating Premises

If any house, mobile home, trailer, building and/or structure or portion thereof is
occupied at the time of the pbsting 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 5.18.07: 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.

Section 5.18.08: 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, 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 5.18.09: 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 no~
subject to tearing down and removing in its entirety, then the portion thereof so constituting a
nuisance shall be vacated and kept vacated.

Section 5.18.10: Disposal of removed Structure

The Elkin's Building Inspector/official 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 5.18.11: Proceeds of Sale

All proceeds of the sale urWef"this Ordinance of any house, mobile home, trailer, building
and/or structure, or the proceeds cjf 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 5.18.12: 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
Elkin's Building Inspector/official or such other official or person referred to in Sections 05 and
05 will take such action as provided in Sections 04 and I 0 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, specifically Chapter 5.16 is expressly repealed.

SECTION 3: Except as hereinabove specifically provided, Title 5 of the Elkins
Municipal Code is ratified and confirmed.

PASSED AND APPROVED this 2nd day of Auguest 2007.

 

 

Last modified on Tuesday, 17 May 2016 16:24