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15289® ® ! 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 ORDINANCE NO. 15,289 AN ORDINANCE AMENDING PARTS OF SECTION 15 -19 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PROVIDING FOR THE GIVING OF NOTICE TO PROPERTY OWNERS OF THE NEED TO REMOVE TRASH, WEEDS, ETC., FROM THEIR REAL PROPERTY; PROVIDING FOR A LIEN IN FAVOR OF THE CITY OF LITTLE ROCK, ARKANSAS, FOR RECOVERY OF ITS COSTS.INCURRED UPON THE FAILURE OF SUCH PROPERTY OWNERS TO COMPLY WITH THE CITY'S NOTICE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The first paragraph of Section 15 -19 of the Little Rock, Arkansas, Code of Ordinances is hereby amended to read: If the owners of any lot or other real property within the City of Little Rock shall neglect or refuse to remove, abate or eliminate any such condition or conditions as are provided for under section 15 -18 hereof, after having been given twenty (20) days' notice in writing to do so, then the Depart- ment of Public Works is authorized to do whatever may be necessary to correct said condition and to charge the cost thereof to the owner or owners of said lot or other real property; and the city shall have a lien against such property for said cost. SECTION 2. The second paragraph of Section 15 -19 of the Little Rock, Arkansas, Code of Ordinances is hereby amended to read: The lien herein provided for may be enforced and collected'in either of the following manners: SECTION 3. Subsections (a) and (b) of Section 15 -19 of the Little Rock, Arkansas, Code of Ordinances are unchanged by Sections 1 and 2 hereof. SECTION 4. If any part of this Ordinance or of Chapter 15, Section 19, Little Rock Code of Ordinances is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining part of this Ordinance nor of said Chapter and Section. M Mf c -io 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 SECTION 5. Emergency Clause. The possible failure of the notice requirement to property owners contained in Section 15 -19 of the Code of the City of Little Rock to conform to the notice requirment set forth in Ark. Stat. Ann. § 19 -2326 jeopardizes the City's entitlement to impose liens upon real estate cleared of trash, weeds, etc., by and at the expense of the City; this situation impairs the City's ability to recover these expenses. The present Ordinance does not provide for recovery of the full cost incurred by the City to clean up such property. Since the failure to approve this Ordinance and to make it effective immediately could mean a loss of revenue to the City, the Board of Directors declares that an emergency exists and that upon passage this Ordinance must be made effective immediately. Therefore, this Ordinance shall be effective from and including the date of its passage. PASSED: May 5, 1987 ATTEST: a i' /._ IV `J APPROV/EWAS TO FORM: ARK STODOLA, CITY ATTORNEY •OrED 237