[Ord. No. 2008-10, Sec.
12]
It shall be and it is hereby declared to be unlawful for any
person or persons, partnership, corporation or association, to own,
keep or maintain any house, building and/or structure within the corporate
limits of the City of Lincoln, Arkansas, which constitutes a nuisance
and which is found and declared to be a nuisance by resolution of
the City Council.
[Ord. No. 2008-10, Sec.
12]
Any such house, building and/or structure which is found and
declared to be a nuisance by resolution of the City Council will be
condemned to insure the removal thereof as herein provided.
[Ord. No. 2008-10, Sec.
12]
A.
Prior to the consideration of a resolution by the City Council declaring
any house, building and/or structure as a nuisance, the owner(s) and
any mortgagee(s) or lienholder(s) of such house, building and/or structure
shall be mailed written notification of the date, time and place that
the City Council will consider said resolution. The notice shall be
mailed by certified mail, return receipt requested to their last known
place of residence or business. In addition, said notice shall inform
the owner(s) and any mortgagee(s) or lienholder(s) of the right to
be heard at the City Council meeting on the proposed resolution declaring
such house, building and/or structure to be a nuisance.
B.
Should the owner(s) and mortgagee(s) and/or lienholder(s) of any
such house, building and/or structure be unknown or their whereabouts
be unknown, then a coy of the written notice shall be posted upon
said premises and the Mayor or his designee shall make an affidavit
setting out the facts as to unknown address or unknown whereabouts
of said owner(s), mortgagee(s) and/or lienholder(s).
[Ord. No. 2008-10, Sec.
12]
The resolution of the City Council condemning any house, building
and/or structure which constitutes a nuisance will include in said
resolution an adequate description of the house, building and/or structure;
the name(s), if known, of the owner(s), mortgagee(s) and/or lienholder(s)
thereof; and shall set forth the reason(s) said house, building and/or
structure is or has been condemned as a nuisance.
[Ord. No. 2008-10, Sec.
12]
After a house, building and/or structure has been found and
declared to be a nuisance and condemned by resolution as herein provided,
a true or certified copy of said resolution will be mailed to the
owner(s), mortgagee(s) and/or lienholder(s) thereof, be known or their
last known address be known, and a copy thereof shall be posted at
a conspicuous place on said house, building and/or structure. Provided,
that if the owner(s), mortgagee(s), and/or lienholder(s) be unknown
or their whereabouts or last known address be unknown, the posting
of the copy of said resolution as hereinabove provided will suffice
as notice of the condemnation.
[Ord. No. 2008-10, Sec.
12]
If the house, building and/or structure constituting a nuisance
has not been torn down or removed, or said nuisance otherwise abated,
within 30 days after posting the true copy of the resolution at a
conspicuous place on said house, building and/or structure constituting
the nuisance, it will be torn down and/or removed by the Building
Official or his designated representative.
[Ord. No. 2008-10, Sec.
12]
The Building Official or any other person or persons designated
by him to tear down and remove any such house, building and/or structure
constituting a nuisance will insure the removal thereof and dispose
of the same in such a manner as deemed appropriate in the circumstances
and to that end may, if the same have a substantial value, sell said
house, building and/or structure or any saleable material thereof,
by public sale to the highest bidder for cash, 10 days' notice
thereof being first given by one publication in some newspaper having
a general circulation in the City, to insure its removal and the abatement
of the nuisance.
[Ord. No. 2008-10, Sec.
12]
All the proceeds of the sale of any such house, building and/or
structure, or-the proceeds of the sale of salable materials therefrom
and all fines collected from the provisions of this ordinance shall
be paid by the person or persons collecting the same to the City Clerk/Treasurer.
If any such house building and/or structure, or the salable materials
thereof, be 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 or fines imposed, plus any costs
of notice and attorney's fees, the balance thereof will be returned
by the City Clerk/Treasurer to the former owner(s) of such house,
building and/or structure.
[Ord. No. 2008-10, Sec.
12]
If the City has any net costs in removal of any house, building
and/or structure, the City shall have a lien on the property as provided
by A.C.A. § 14-54-904.
[Ord. No. 2008-10, Sec.
12]
A fine of not less than $250 nor more than $500 is hereby imposed
against the owner(s) of any house, building and/or structure found
and declared to be a nuisance by resolution of the City Council 30
days after the same has been so found and declared to be a nuisance
and for each day thereafter said nuisance be not abated constitutes
a continuing offense punishable by a fine of $250 per day, provided
the notice as herein provided in Sec. 11.40.05 hereof has been given
within 10 days after said house, building and/or structure has been
by resolution found and declared to be a nuisance.
[Ord. No. 2008-10, Sec.
12]
In the event it is deemed advisable by the City Council that
a particular house, building and/or structure be judicially declared
to be a nuisance-by a court having jurisdiction of such matters, the
City Council is hereby authorized to employ an attorney to bring such
an action for said purpose in the name of the City, and the only notice
to be given to the owner(s), mortgagee(s) and/or lienholder(s) will
be that as now provided for by law in such cases in a court of equity
or Circuit Court. When any such house, building and/or structure has
been declared judicially to be a nuisance by a court of competent
jurisdiction a fine of $100 is hereby imposed against the owner or
owners thereof from the date said finding is made by the court and
for each day thereafter said nuisance be not abated.
