§ 16-29. Inspections; authority of inspector to order clearing of weeds, etc.

(a)

The inspection department or other authority designated by the mayor, in his discretion, is hereby empowered:

(1)

To make or cause to be made inspection trips to determine that:

a.

Refuse, garbage and trash are being properly stored, collected and removed;

b.

Proper charges are being assessed;

c.

Weeds, debris and growth are properly cut and cleared from any lot or other real property within the city.

(2)

To order, in the name and by the authority of the city, the owner or persons occupying or in possession of any lot or other real property to:

a.

Properly store refuse, garbage and trash for collection and removal;

b.

Cut weeds;

c.

Eliminate, fill up or remove stagnant pools of water or any other unsanitary thing, place, or condition.

(b)

Such order shall:

(1)

Be in writing.

(2)

Include a statement of the reasons why it is being issued, and the section of the Code that is alleged to be in violation.

(3)

Allow no more than ten (10) days for performance of any act the notice requires to be completed.

(4)

State that if the alleged violation is not corrected within the time set forth in the notice, the city employee designated by the inspection department administrator, the administrator's agent, or his duly authorized representative shall institute legal proceedings charging the person with a violation of this section.

(5)

State that no further notice, warning or grace period will be given for any repeat violation of the same subsection of this section within the remainder of the calendar year.

(c)

The property owner and, where applicable, the person responsible for the violation, shall be notified by one (1) or more of the following methods:

(1)

By delivery to the owner, agent or responsible party, personally.

(2)

By leaving notice at the usual place, abode or business of the owner, agent or responsible party, with a person of suitable age and discretion.

(3)

By depositing the notice in the United States mail, addressed to the owner, agent or responsible party, at his last known address by certified mail, postage prepaid thereon.

(4)

By posting and keeping posted for a period of not less than twenty-four (24) hours, a copy of the notice in a conspicuous place on the premises alleged to be in violation.

(5)

By depositing the notice in the United States mail, addressed to the owner, agent or responsible party, at his last known address by regular mail with an affidavit stating the date mailed, with postage prepaid thereon. This form of notice shall only be used in conjunction with one (1) or more other forms of notice permitted by this subsection.

(d)

No further notice, warning, or grace period is required to be given for any alleged repeat violation of the same subsection of this section within the remainder of the calendar year.

(e)

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 this state, a copy of the written notice shall be posted upon the premises in some prominent place.

(f)

Any owner or occupant of a lot or real property who shall neglect or refuse to comply with an order of the inspection department issued in accordance with section 16-29(a)(2) shall be guilty of a misdemeanor and fined a sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) per offense, exclusive of court costs. Each day that the owner or occupant of the property fails to comply with the order of the inspection department shall be considered and deemed a separate offense. The inspection department and police department shall have authority to issue a citation to the owner or occupant to enforce this section.

The issuance of a citation shall not preclude further enforcement action pursuant to sections 16-31 through 16-33.

(Code 1967, § 31-5; Ord. No. 6099, § 1, 7-19-04; Ord. No. 6116, §§ 1—4, 11-15-04)

State law reference

Notice to unknown or nonresident owner, A.C.A. § 14-54-902.