§ 66-5. Administrative procedures.

(a)

Notice of violations. "Notice of violations" shall be written on standardized or letter form approved by the senior code enforcement officer that shall include the following information:

(1)

The name of the owner, if known;

(2)

An address or description of the real estate sufficient for identification;

(3)

A description of the violation or violations;

(4)

A statement of acts necessary to abate the violation;

(5)

Rights of appeal under section 66-7;

(6)

A statement that if the violation isn't corrected within a specific timeframe, a minimum of which shall be seven days from the date of the letter, that citations may be issued and fines assessed in addition to any administrative remedy imposed by the city;

(7)

Include a statement that the city has a right to cause repairs or demolition to be made, or cause the nuisance to be abated, and that the costs may be assessed against the owner and the property of the owner;

(8)

Signature of the citing officer; and

(9)

The information required by A.C.A. § 14-54-903, if applicable.

(b)

Method of service. Administrative notices (such as a notice of violation) may be issued by any person authorized under A.C.A. § 14-54-903 by posting on the subject property and:

(1)

By personal service, if the whereabouts of the person involved are known;

(2)

By regular mail and certified mail, return receipt requested; or

(3)

When the identity or whereabouts of a person is unknown, by weekly publication in a newspaper having general circulation throughout the city for two consecutive weeks.

(c)

Notice by mail. Notice by mail shall be sent to the owner's address of record with the applicable county treasurer or collector. When sent to the proper address with proper postage, notice by mail shall be deemed properly served without regard as to whether the owner or occupant accepted the mail or the mail was otherwise returned.

(d)

Transfer of ownership. After receiving a notice of violation, it shall be unlawful for the owner of any property or structure to sell, transfer, mortgage, lease or otherwise alienate or dispose of the same until:

(1)

The property or structure has been caused to conform with this code; or

(2)

The owner shall provide the other party a true copy of any notice of violation issued by a code enforcement officer and shall furnish to the senior code enforcement officer a signed and notarized statement from the other party accepting responsibility for the property or structure.

(e)

Absentee owners not exempted. Any person who owns property within the corporate limits of the city (place or state of residence notwithstanding) shall be liable for compliance with this chapter, and actions as prescribed in this chapter shall be applied to the fullest extent necessary to effect such compliance.

(f)

Notice of publication upon unknown or nonresident owners; attorney ad litem. In case the owner of any lot or other real property is unknown, or his whereabouts is not known or he is a nonresident of the state, then a copy of the written notice referred to shall be posted upon the premises. Before any action to enforce such lien shall be initiated, the clerk shall make an affidavit setting out the facts as to unknown address or whereabouts of nonresident, and thereupon service by publication as now provided for by law against nonresident defendants may be had, and an attorney ad litem shall be appointed to notify the defendant by registered letter addressed to his last known address, if such address can be found

(g)

Exceptions. The notice of violation requirements of this section shall not apply to the issuances of citations. Issuance of citations must comply with the procedures described in section 66-4(c).

(Ord. No. 16-21, § I, 12-20-2016)