§ 5.04.01. Unsightly or unsanitary conditions on real property.

It may become necessary to order the owner, the occupant, or lien holders of lots and other real property within the city limits to cut weeds, remove garbage, rubbish and other unsightly and unsanitary articles and things; remove junked or abandoned motor vehicles and non-working appliances; and 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, flies and germs harmful to the health of the community after it has been ascertained by proper investigation that such condition actually exists.

A.

If the owner, occupant or lien holder of any lot or other real property within the city shall neglect or refuse to remove, abate or eliminate any such conditions described in this section, after having been given seven days to do so by written notice, then the city may do whatever is necessary to correct the condition and to charge the costs thereof to the owner of the lot or other real property or to pursue any remedies in law for a lien on the property against all other lien holders of the lot or real property.

1.

The city shall file a lien with the circuit clerk no later than one hundred twenty days (120) days after the city completes the clean-up work on the lot or real estate.

2.

Written notice shall be provided by the following methods:

a.

Owner's notice. Notice shall be sent by both regular mail and certified mail, return receipt requested, to the owner's address of record on file with the county treasurer or collector, if owner is not the occupant of the lot or real property.

i.

In the event owner is unknown or a nonresident, then the provisions of A.C.A. § 14-54-902 will be followed.

b.

Occupant's notice. Notice may be served on an occupant of the lot or real property by personal service anywhere in the state or by mailing by regular mail and certified mail, return receipt requested.

c.

Lien holder's notice. Notice shall be sent by regular mail and certified mail, return receipt requested, to the lien holder's address shown on the relevant land records.

3.

Notice described above may be issued by:

a.

Police officer employed by the city;

b.

City or staff attorney representing the city; and/or

c.

Code enforcement officer employed by the city.

4.

Notice will describe the conditions for which the notice is being issued and will describe the time limits for the owner, occupant, or lien holder to remedy the condition(s) before the city takes action to remedy the conditions unilaterally, pursuant to A.C.A. § 14-54-901 et. seq.

a.

The notice shall describe the work to be performed by the city to establish a "priority clean-up lien." A priority clean-up lien is a clean-up lien for work undertaken by the city on an unsafe and vacant structure or weed lot that is given priority status over other lienholders following notice described above and hearing described below.

i.

An "unsafe and vacant structure" or an "abandoned home" or "residential property" means:

(A)

A structure located on previously platted and subdivided property that is not fit for human habitation and has been declared unsafe by code enforcement and vacant by the city in which it is located in violation of applicable ordinance; or

(B)

A home or residential property that is:

(1)

Unoccupied; and

(2)

In violation of city safety standard.

ii.

A "weed lot" means a previously platted and subdivided lot that is vacant or upon which an unsafe and vacant structure is located and that contains debris, rubbish, or grass which is higher than that permitted by city ordinances.

B.

To perfect any lien for the work performed by the city on the lot or real property the following steps shall be completed:

1.

After completing the clean-up work the city shall provide a second notice to the lienholders of record of the total amount of the clean-up lien.

2.

This second notice shall be combined with a notice of hearing before the city council to determine the final amount of the clean-up lien. The second notice shall be given by mail, return receipt requested, to the owner of the property if the name and address is known and to the lienholders of record. This second notice shall provide thirty (30) days written notice of the hearing before the city council.

a.

In the event the owner of the property cannot be determined, then the clean-up lien shall be determined at a public hearing before the city council only after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one insertion per week for four consecutive weeks.

3.

The city shall file its lien with the circuit clerk no later than sixty (60) days after the city council confirms the lien amount.

C.

To collect on and enforce a priority clean-up lien, the following shall occur:

1.

The city shall file a declaratory judgment action in the circuit court to declare that the clean-up lien created herein has priority over previously recorded liens and the action shall name the holders of recorded liens as defendants in the action.

2.

The city may enforce and collect at any time within ten (10) years after a lien has been filed in either one of the following manners:

a.

By an action for foreclosure in the circuit court by the city or town;

b.

The amount so determined at the hearing, plus ten (10) percent penalty for collection, shall be certified by the city council to the tax collector of the county to be placed by him or her on the tax books as delinquent taxes and collected accordingly. The amount, less three percent thereof, when so collected shall be paid to the city by the tax collector.

3.

In all suits brought to enforce the liens described herein, the reimbursement of costs, including title search fees and reasonable attorney's fees, are available to the city for recovery.

( Ord. No. 2012-30, § 2, 9-27-2012 )