§ 66-84. Remedies for abatement of nuisances.

(a)

Power of city to define and summarily abate nuisances.

(1)

Pursuant to A.C.A. § 14-54-104, the city has the power to prevent injury or annoyance within the limits of the corporation, from anything dangerous, offensive or unhealthy, and to cause any nuisance to be abated.

(2)

If a person served with notice of the existence of a nuisance neglects, fails or refuses to abate the nuisance as directed, the administrator may cause the nuisance to be abated utilizing city resources. An accurate account of all costs incurred shall be itemized and filed with the city administrator or the administrator's designee.

(3)

The city administrator or the administrator's designee shall mail a statement to the person involved showing total costs assessed against them, being due and payable upon receipt. If such statement has not been paid in full or acceptable payment arrangement made within 30 days, the city administrator or the designee shall certify the costs to the city attorney, who will initiate appropriate civil action, pursuant to A.C.A. § 14-54-903, claiming a lien on property included.

(4)

The lien provided for above may be enforced in accordance with law. The amount determined by the board of directors, plus ten percent penalty for collection, will be certified to the county tax collector for placement on the records as delinquent taxes and collected accordingly.

(5)

In cases where circumstances appear to deem it impractical to summarily abate, the city may bring civil action for abatement of the nuisance.

(b)

Enforcement. The administrator is charged with the responsibility to enforce, through the administrator's designated agents, all provisions of this article. Any city official may report the existence of or alleged existence of a nuisance to the administrator or the designated agents for enforcement action. The code enforcement officers, the building official, or other persons designated by the administrator, or any police officer is authorized to issue notice and/or subsequent citation for violation of any part of this article.

(c)

Remedies for specific nuisances.

(1)

Uncut weeds, grass and unsanitary articles. All property owners and occupants within the municipal boundaries of the city are required to cut weeds and grass when greater than nine inches in height, remove garbage, rubbish and other unsanitary articles and things from their property, 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. For specific requirements related to the required maintenance of grass and weeds, refer to section 66-31(d).

(A)

Authorized abatement. If the owner of any lot or other real property within the city shall neglect or refuse to remove, abate or eliminate any condition as may be provided for under section 66-84(c)(1), after having been given a notice of violation with a minimum of seven days' notice in writing to do so by a code enforcement officer, the city is hereby authorized to take such action is necessary to correct the condition, including but not limited to entering upon the property and having such weeds, rank grass or other vegetation cut and removed, or eliminating any unsanitary and unsightly condition, or causing necessary repairs to be made and charging the cost thereof to the owner of such premises, which shall constitute a lien thereon. The abovementioned notice shall be calculated by counting the first day of the notice period as the day after written notice is given to the owner, by counting every calendar day, including weekends and holidays, and by establishing the deadline to take the above required actions as 11:59 p.m. on the last day of the notice period. The city reserves the right to secure a lien for its costs, including a priority clean-up lien pursuant to A.C.A § 14-54-903.

(B)

Special notice rules for weed lots. For purposes of this section, a "weed lot" is 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 contrary to this code. Due to the continual growth cycle of vegetation on weed lots, continuous abatement is often necessary. Thus the minimum seven-day notice of violation described in subsection (c)(1)(A) above shall be issued with the following additional statement, "Work to abate this nuisance will not be complete until the end of the growing season and no additional notices will be issued." No additional notice of violation need be given unless and until the growing season concludes and further abatement is necessary.

(C)

Exemptions. The following shall be exempt from the application of the provisions of this subsection:

1.

Agricultural lands under cultivation;

2.

Construction under timely and efficient progression.

(2)

Inoperable or wrecked motor vehicles, trailers, and any parts thereof. The accumulation of inoperable or wrecked motor vehicles and inoperable or wrecked trailers in the city is degrading to the environment, property values, and the aesthetic beauty of the city. Thus, the only location outside of a completely enclosed structure where an inoperable or wrecked motor vehicle, an inoperable or wrecked trailer, or any parts thereof, may be parked, kept, or stored within the city is in an approved storage area on property that is properly zoned and permitted for that purpose. (Please refer to chapter 102, zoning of the Municipal Code.) The parking, keeping, or storing of inoperable or wrecked motor vehicles, inoperable or wrecked trailers, or any parts thereof, at any other location, or unauthorized area thereon, in the city is declared to be a nuisance and may be cited for violation of section 66-31(h) and, if necessary, abated as provided in subsections (c)(2)(C) and (c)(2)(D), below.

(A)

Presumption of inoperability. A vehicle shall be deemed inoperable when two or more of the following conditions exist:

1.

One or more tires are flat.

2.

One or more wheels are missing.

3.

The hood or trunk is raised or missing and has appeared to remain so for more than three days.

4.

Weeds or grass have grown up around the vehicle.

5.

The engine is missing.

6.

The vehicle has no current vehicle tags or registration.

7.

The door or doors, fender or fenders are removed or missing.

8.

The front or rear windshield is broken, removed or missing, or the side windows are broken or removed or missing.

(B)

Presumption of inoperability. A trailer, as defined in section 66-9 shall be deemed inoperable when two or more of the following conditions exist:

1.

One or more tires are flat.

2.

One or more wheels are missing.

3.

Weeds or grass have grown up around the vehicle.

4.

The trailer has no current tags or registration.

5.

Hitch is missing.

6.

The structure or frame is severely damaged.

7.

Flooring is missing.

(C)

Removal of inoperable or wrecked motor vehicles, inoperable or wrecked trailers, any parts thereof near public streets. If an owner or occupant of property within the city shall neglect or refuse to remove an inoperable or wrecked motor vehicle, inoperable or wrecked trailer, or any parts thereof that are parked, kept or stored near a public street without proper authority, a code enforcement officer may cause the removal of the motor vehicle, trailer, or parts thereof, provided that a notice of violation is affixed to the vehicle, trailer, or parts for a period of no less than three days which shall state that the vehicle, trailer, or parts are a nuisance and order the property owner, occupant, or whoever has an interest in the vehicle, trailer, or parts to remove them from the property. If the vehicle, trailer, or parts are found on private property with one or more occupiable structures, a copy of the notice shall additionally be placed on one of the structures. For purposes of this section, a vehicle, trailer, or parts thereof shall be deemed "near" a public street if it can be seen with the unaided eye from a public street.

(D)

Removal of other inoperable or wrecked motor vehicles, inoperable or wrecked trailers or parts thereof. If an owner or occupant of property within the city shall neglect or refuse to remove an inoperable or wrecked motor vehicle, inoperable or wrecked trailers or parts thereof that are parked, kept or stored without proper authority but away from public streets, a code enforcement officer may cause the removal of the motor vehicle, trailer, or parts provided that a notice of violation is affixed to the vehicle, trailer, or parts for a period of no less than 30 days which shall state that the vehicle, trailer, or parts are a nuisance and order the property owner, occupant, or whoever has an interest in the vehicle, trailer, or parts to remove them from the property. If the vehicle, trailer, or parts are found on private property with one or more occupiable structures, a copy of the notice shall additionally be placed on one of the structures.

(E)

Exemption. As provided for in section 66-31(h).

(3)

Impediments to city streets, easements, or rights-of-way. The city owns property rights throughout the jurisdiction of this code which are necessary to the efficient flow of traffic, storm water, utility service, and the like. Impediments to these property rights are declared to be a public nuisance as they reduce the public benefit of public property and can endanger the health and welfare of the citizens who use and depend upon these property rights. Code enforcement officers shall have the authority to order the immediate removal of any impediment to the use of public streets, sidewalks, drains, ditches, utilities, easements, or other rights-of-way. If the apparent owner of the impediment is not known, available, or willing to remove the impediment, a code enforcement officer may cause the same to be removed. Any person who is aggrieved by the actions of a code enforcement officer under this subsection may appeal the same pursuant to section 66-7.

(A)

Property deemed abandoned. Any property seized by the city pursuant to subsection (c)(3) shall be deemed abandoned after 30 days and properly disposed of by the senior code enforcement officer.

(4)

Nuisance structures. Any building or other structure which is in such a dilapidated condition that it is unsafe or unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health or safety of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located shall constitute a nuisance.

(A)

Definitions. For purposes of this article, the following terms are defined as follows:

1.

Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

2.

Unfit structure for human occupancy. A structure is unfit for human occupancy whenever the code enforcement officer finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

3.

Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

(B)

Vacating of unfit or unsafe structures and utility services. Any premises declared as unsafe or unfit for human habitation by a code enforcement officer and so designated by placard, shall be vacated within seven days after notice of such action has been given to both the owner and occupant of the building. On the eighth day after said notice the code enforcement division shall notify all utilities to discontinue services to the dwelling or dwelling unit. After utilities services are cutoff no further services shall be made available until the appropriate construction permits are obtained or until the code enforcement division notifies utilities that services may be provided to the dwelling or dwelling unit.

1.

Placarding. Upon failure of the owner or person responsible to comply with the notice of violation for a nuisance structure or equipment within the time given, the code enforcement officer shall then post on the premises or on defective equipment a placard bearing the word "nuisance" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

2.

Placard removal. The code officer shall remove the placard referred to in this subsection whenever the defect or defects upon which the placarding actions were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code officer shall be subject to the penalties provided by this code.

(C)

Prohibited occupancy. Any person who shall occupy placarded premises and any owner or responsible person of placarded premises who allows another person to occupy such placarded premises shall be subject to the penalties provided by this code.

(D)

Abatement. When warranted, code enforcement officers may perform work to secure, abate and otherwise cause a nuisance structures to conform with this code and seek reimbursement for the cost thereof in the manner provided by law.

(E)

Condemnation. When warranted, code enforcement officers may initiate condemnation proceedings under article III of chapter 18 of the Siloam Springs Municipal Code in lieu of or in addition to the procedures in this section.

(Ord. No. 16-21, § I, 12-20-2016)