20313- u"IcIal records of PAT O BRIEN,
PULASKI COUNTY CIRCIIITIrnl I — .
2010056742 Received: 911412010 1:58:32 PM
Recorded: 09114,2010 02:04:06 PNI Piled &
Recorded in Official Records of PAT O'BRIEN,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
1 ORDINANCE NO. 20,313 Fees $25.00
2
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE § 20 -3
4 (C) (1988) AND TO ADD A NEW SUBSECTION (D) IN ORDER TO
5 ENSURE CONFORMANCE WITH ARKANSAS STATE LAW WITH
6 RESPECT TO THE ENFORCEMENT AND COLLECTION OF LIENS
7 AGAINST REAL PROPERTY; TO DECLARE AN EMERGENCY; AND
8 FOR OTHER PURPOSES.
9
10 WHEREAS, the City is authorized to take corrective action to abate a nuisance when an
11 owner of real property fails to do so after receipt of a minimum of seven (7) days written notice;
12 and,
13 WHEREAS, Little Rock, Ark., Rev. Code ( "LRC ") § 20 -3(b) permits the City to charge the
14 owner of the property for the costs of the abatement and have a lien against property; and,
15 WHEREAS, LRC § 20 -3(c) provides for the method and time limit for enforcing and
16 collecting such liens; and,
17 WHEREAS, the Arkansas statute that governs the enforcement methods and time limitations
18 for enforcement of such liens has been amended by the Arkansas General Assembly to allow
19 additional time to enforce the liens; and,
20 WHEREAS, it is necessary to amend LRC § 20 -3(c) in order to be consistent with the
21 amendment to the state statute.
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
23 THE CITY OF LITTLE ROCK, ARKANSAS:
24 Section 1. Little Rock, Ark., Rev. Code § 20 -3(c) (1988) is hereby amended as follows along
25 with the addition of a new subsection (d):
26 (c) The lien may be enforced and collected at any time within ten (10) years after a
27 lien has been filed in either one of the following manners:
28 (1) By an action for foreclosure in circuit court; or
29 (2) The amount of the lien may be determined at a hearing before the board of
30 Directors held after thirty (30) days written notice by certified mail, returpI tlRc&;A,,;
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[PAGE 1 OF 3]
ORDINANCE
To amend Little Rock, Ark., Rev. Code § 20 -3 and to Add
a New Subsection (D)
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1 receipt requested, to the owner of the property if the name and address of the
2 owner are known and to the lienholders of record. If the name of the owner
3 cannot be determined, the public hearing may be held only after publication of
4 notice of the hearing in a newspaper having a bona fide circulation in the
5 county for one (1) insertion a week for four (4) consecutive weeks. The
6 amount so determined at the public hearing, plus 10% penalty for collection,
7 shall be certified by the Board of Directors to the county tax collector to be
8 placed on the tax books and collected accordingly. The amount, less 3 %, shall
9 be paid to the City by the county tax collector.
10 (d) The determination of the Board of Directors that confirms the amount of the
11 lien is subject to appeal by the owner of the property, or by any lienholder of
12 record, in the circuit court filed within forty -five (45) days after the
13 determination is made. If the owner or lienholder fails to appeal in this time,
14 the lien amount is fully perfected and not subject to further contest or appeal.
15 The City shall file its lien with the circuit clerk no later than sixty (60) days
16 after the Board of Directors confirms the lien amount or, if the lien is
17 appealed, within sixty (60) days after the City prevails on appeal.
18 Section 2. Severability. In the event any section, subsection, subdivision, paragraph,
19 subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged
20 to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining
21 provisions of this ordinance, as if such invalid or unconstitutional provision were not originally
22 a part of this ordinance.
23 Section 3. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with
24 this ordinance are hereby repealed to the extent of such inconsistency.
25 Section 6. Emergency Clause. The need to modify the code provisions that address the
26 means and time for the enforcement and collection of liens to conform with Arkansas state law is
27 essential in order to avoid any misunderstanding about the rights of the City, property owners
28 and lienholders; such modification is essential to the public health, safety and welfare; an
29 emergency is, therefore, declared to exist and this Ordinance shall be in full force and effect as
30 to any application filed from and after the date of its passage.
[PACE 2 OF 3]
ORDINANCE
To amend Little Rock, Ark, Rev. Code § 20 -3 and to Add
a New Subsection (D)
I PASSED: September 7, 2010
2 ATTEST:
3
4 CV2
5 usan ngl , City Clerk
6 APPR ED AS TO LEGAL FORM:
7 //l
8 ltiotu b/l ,
9 Thomas M. Carpenter, City A orney
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[PAGE 3 OF 3]
ORDINANCE
To amend Little Rock, Ark., Rev. Code § 20 -3 and to Add
a New Subsection (D)
APPROVED:
Mark