HomeMy WebLinkAbout12367RESOLUTION NO. 12,367
2 A RESOLUTION TO CERTIFY VARIOUS PROPERTIES, LIENS, AND
3 PENALTIES, TO THE PULASKI COUNTY COLLECTER TO BE
4 PLACED UPON THE APPROPRIATE TAX BOOKS AS DELINQUENT
5 TAXES TO BE COLLECTED; AND FOR OTHER PURPOSES.
6
7 WHEREAS, pursuant to Act 100 of 1943, as amended, cities of the first class are
8 empowered to direct that owners of property within the municipality "cut weeds;
9 remove garbage, rubbish and other unsightly or unsanitary things upon property; and
10 to eliminate, fill up or remove stagnant pools of water or any other unsanitary thing,
11 place or condition which might become a breeding ground for mosquitoes, flies, and
12 germs harmful to the health of the community ", and
13 WHEREAS, pursuant to Act 100 of 1943, as amended, Act 339 of 1979, Act 80 of
14 1983, and Act 1538 of 2001, cities of the first class are empowered to order the removal,
15 repair or return to compliance of a structure that fails to meet minimum building code
16 standards, or raze a building or house that fails to meet such standards, or to repair
17 such a structure, and
18 WHEREAS, if a city of the first class fulfills the obligation of the property owners
19 as set forth above, the city is entitled to a lien against the real property for the costs of
20 such action, and to enforce that liens as required, and
21 WHEREAS, for the enforcement of the lien a city is empowered by state law to
22 charge for the cost of the work done, reimbursement for costs to pursue the lien
23 including title search fees, and reasonable attorneys' fees, and
24 WHEREAS, it is not always feasible to pursue foreclosure on a lien for a variety
25 of reasons not the least of which is that any such municipal lien will be inferior to any
26 lien recorded prior to the municipal lien, and
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I WHEREAS, an alternative method to collect the sums expended by a
2 municipality is to certify the amounts to the county tax collector to be placed on the tax
3 books as delinquent taxes and collected, and this procedure has been upheld by the
4 Arkansas Supreme Court in Tucker v. Holt, 343 Ark. 216, 33 S.W.3d 110 (2000), and
5 WHEREAS, pursuant to this alternate statutory procedure set forth in Ark. Code
6 Ann. 14 -54 -904 (West 2000), as amended, particularly by Act 887 of 2005, notice by mail,
7 with a return receipt, was sent to the name and address of known owners, stating the
8 amount of the liens, and the fact that a public hearing would be held on October 17,
9 2006 at 6:00 p.m., to hear any disputes as to the amount of the lien, and
10 WHEREAS, no property owners appeared to dispute the amounts of the liens,
11 and
12 WHEREAS, because of the necessity to go through this statutory collection
13 process the City is entitled to a 10% penalty for the collection efforts, three (3 %) percent
14 of which will be retained by the Pulaski County Collector when the monies are
15 collected, and before they are returned to the City,
16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
17 THE CITY OF LITTLE ROCK, ARKANSAS:
18 Section 1. The Board of Directors certifies to the Pulaski County Collector that
19 the properties and amounts, plus 10% for collection, listed in Exhibit A to this
20 Resolution; these properties and amounts are to be placed on the county tax books as
21 delinquent taxes, and collected accordingly, pursuant to the process used by the Pulaski
22 County Collector, in accordance with Ark. Code Ann. 14 -54 -904 (West 2000), as
23 amended.
24 Section 2. The City Manager is authorized to modify the format of Exhibit A to
25 any format requested by the Pulaski County Collector to facilitate this certification and
26 collection process.
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I Section 3. Attached as Exhibit B to this original Resolution only (and to be
2 maintained in the City Clerk's office) are copies of the return receipts that were received
3 from the mailing required by Ark. Code Ann. 14 -54 -904 (West 2000), as amended.
4 Section 4. Attached as Exhibit C to this Resolution is a format of the letter that
5 was sent to the property owners listed on Exhibit A to notify them of the October 17,
6 2006, hearing to challenge the amounts of any liens being collected pursuant to this
7 statutory method.
8 Section 5. Severability. In the event any title, section, paragraph, item, sentence,
9 clause, phrase, or word of this Resolution is declared or adjudged to be invalid or
10 unconstitutional, such declaration or adjudication shall not affect the remaining
11 portions of the Resolution which shall remain in full force and effect as if the portion so
12 declared or adjudged invalid or unconstitutional was not originally part of the
13 Resolution.
14 Section 6. Repealer. All laws and parts of laws inconsistent with the provisions
15 of this Resolution are hereby repealed to the extent of such inconsistency.
16 ADOPTED: October 17, 2006
17 ATTEST:
18
19
20 Na ki S. Blocker, Assistant City Clerk Jin ailey, Mayor
21 For Nancy Wood, City Clerk 1
22 APPROVED AS TO LEGAL FORM:
23
24
25 Thomas M. Carpenter, CWY Attorney
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