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152871 ORDINANCE NO. 15,287 2 3 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF 4 ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS TO 5 PROVIDE FOR AN INCREASE IN THE PENALTY FOR UNLAWFUL 6 CONTINUANCE OF A NUISANCE; AND DECLARING AN EMERGENCY. 7 WHEREAS, the prevention, removal or abatement of 8 nuisances is necessary to protect the health, safety and 9 welfare of the citizens of the City of Little Rock; and 10 WHEREAS, statutory authority grants power to cities of 11 the first class to prevent, abate or remove nuisances and to 12 declare what are such and to proceed against nuisances by 13 the order of the city council or prosecution in the Police 14 Court; and 15 WHEREAS, the efficiency and effectiveness of procedures 16 regarding the removal, abatement, or discontinuance of such 17 nuisances requires that the Board of Directors of the City of 18 Little Rock exercise the authority permitted by Ark. Stat. Ann. 19 19 -2304; and 20 WHEREAS, the Board has determined that an increase of 21 the penalty for unlawful continuance of a nuisance is 22 necessary to effect the prompt prevention, removal or 23 abatement of such nuisances. 24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF 25 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 26 SECTION 1. That Section 25 -77 of Chapter 25 of the 27 Little Rock Code of Ordinances be amended to read as 28 follows: 29 "Section 25 -77. Same - Procedure and penalties. 30 All proceedings for the prevention, abatement 31 or removal of any of the nuisances referred to 32 in this chapter or any other ordinance of this 33 city shall be commenced either by: (1) having the 34 party charged therewith summoned or notified to appear before the municipal court, or if the 35 circumstances require, by having him arrested and 36 233 0-? 3 C.-7 1 2 3 4 5 6 7 M 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 36 234 brought before said court, and thereupon such party shall have opportunity and it shall be his duty to show cause why he should not be fined for maintaining such nuisance, and an order made requiring the abatement, removal or discontinuance of the same, and in all cases where such an order shall be made, the party found responsible for such nuisance shall be subjected to a penalty of a sum not greater than five hundred dollars ($500) for any one (1) violation or, if such violation is continuous in respect to time, the fine shall not exceed two hundred and fifty dollars ($250) for each day that the nuisance is unlawfully continued; or (2) by order of the Little Rock Board of Directors requiring the removal, abatement or discontinuance of the nuisance within a reasonable and given time. 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 and to provide sufficient penalties for encouraging the prompt removal or abatement of nuisances. 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: Play 5, 1987 ATTEST: City Clerk Jai e Czech APPROVED: ayor Lottie Shackelford