ORDINANCE 04-18-2019B – Weeds/Grass/Garbage/Rubbish

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Related Area: | Noise/Nuisance | | Public Safety |
Related Elkins Municipal Code (EMC): | Chapter 5.04 | | Section 5.04.02 | | Title 05 |
Related Year:2019 |

Ordinance #: 04-18-2019B

AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.04, SECTION 5.04.02 OF THE ELKINS MUNICIPAL CODE REQUIRING PREMISES TO BE KEPT FREE FROM WEEDS, RANK GRASS, GARBAGE, RUBBISH AND OTHER UNSIGHLTY AND UNSANITARY ARTICLES WITHIN THE CITY OF ELKINS, ARKANSAS AND DECLARING AN EMERGENCY; AND OTHER MATTERS RELATED THERETO.

WHEREAS, on June 23, 1983, the city council of Elkins, Arkansas, passed Ordinance No. 65 which set forth requirements for premises within the City of Elkins to be kept free from weeds, rank grass, garbage, rubbish and other unsightly and unsanitary articles, requiring property owners to eliminate, fill up or remove stagnant pools of water or any other unsanitary thing, place or condition which might become a breeding place for mosquitoes, files and germs harmful to the health of the community; and

WHEREAS, it has come to the attention of the City Council that Title 5, Chapter 5.04, Section 5.04.02, of the Elkins Municipal Code needs to be revised and amended in order to provide the time allowed to remove or eliminate weeds, rank grass, or other vegetation considered unsanitary and unsightly to be in line with the time provided pursuant to Ark. Code Ann. § 14-54-903; and

WHEREAS, having fully reviewed the proposed amendment, the Elkins City Council has determined that Title 5, Chapter 5.04, Section 5.04.02 of the Elkins Municipal Code should be revised and amended, as set forth herein below.

NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Elkins, Arkansas;

Section L That Section 5.04.02 Notice Required of Chapter 5.04 of Title 5 shall now read as follows:

5.04.02 Notice Required. If the owner or owners of any lot or other real property within the City of Elkins, after the giving of seven (7) days notice or such notice as may be required by applicable state and federal law, in writing by the Mayor or the Mayor’s designee, or authorized official, shall refuse or neglect to perform the duties in connection with his or their property as specified in Section 1 hereof, the Mayor of Council is hereby authorized to enter upon the property and have said seeds, rank grass or other vegetation cut and removed, or eliminate any unsanitary and unsightly condition, and the cost thereof shall be charged against said premises and shall constitute a lien thereon.

Section 2. The Elkins Municipal Code for the City of Elkins, Arkansas shall remain unchanged in all respects other than those mentioned herein above.

Section 3. Any and all ordinance which are in conflict with this ordinance are repealed to the extent of the conflict and if any part of this ordinance is declared to be unconstitutional or illegal in anyway, that status shall not affect the remaining parts of this ordinance and those parts shall remain in full force and effect.

Section 4. Declaration of Emergency. It is hereby found and determined that Section 5.04.02 Notice Required of Chapter 5.04 of Tile 5, of the Elkins Municipal Code is necessary to insure the proper growth and development of the City and for the preservation of the public peace, health, safety and welfare of the citizens of Elkins, Arkansas, therefore an emergency is hereby declared to exist, and this Ordinance shall become effective immediately from and after the date of its passage.

PASSED AND APPROVED this 18th day of April 2019.