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152851 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 M M M ORDINANCE NO. 15,285 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS TO PROVIDE THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK AUTHORITY TO DECLARE A NUISANCE; AND DECLARING AN EMERGENCY. WHEREAS, statutory authority is granted to cities of the first class to prevent, abate or remove nuisances and to declare what are such and to proceed against nuisances by the order of the city council or prosecution in the Police Court; and WHEREAS, Section 25 -76 of Chapter 25 grants sole authority to the municipal court to declare a nuisance and order the removal, abatement or discontinuance of the nuisance; and WHEREAS, the efficiency and effectiveness of procedures regarding nuisance requires that the Board of Directors of the City of Little Rock, Arkansas exercise the authority permitted by Ark. Stat. Ann. § 19 -2304. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That Section 25 -76 of Chapter 25 of the Code of Ordinances be amended to read as follows: "Section 25 -76. Nuisances - Abatement; jurisdiction In every case in which any person shall violate any of the provisions of this chapter or any other ordinance of the City in relation to nuisances, it shall be competent for, and shall be the duty of the municipal court or the Board of Directors of the city, as circumstances of the case so require, to make an order requiring the removal, abatement or discontinuance of the nuisance shown in 229 C- � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 such case, and to order and direct that if within a reasonable and given time therein named, the same shall not be removed, abated or discontinued by the person or persons proceeded against therefor, such nuisance shall be abated or removed by the chief of police or the chief of environmental codes with such assistance as necessary, and in such case the person proceeded against shall be responsible for all the costs and expenses incurred in the removal or abatement by the chief of police chief or the chief of environmental codes." SECTION 2. Declaring an Emergency. It is hereby found and determined that an emergency exists with reference to the ability of the City of Little Rock to cure problems relating to the removal of unsafe and dilapidated structures and nuisances creating the necessity to provide efficient and effective methods to identify and declare nuisances and order their removal. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the preservation and advancement of the public health, safety and welfare, shall be in full force and effect from and after its passage. PASSED: May 5, 1987 ATTEST: City Clerk Jaie Czech APPROVED AS TO FORM: STODOLA, CITY ATTORNEY APPROVED: Mayor Lottie Shac lford 230