SULPHUR SPRINGS — New city ordinances, if approved at the city council’s Feb. 12 regular session, could declare vacant properties a public nuisance.

Proposed changes to Sulphur Springs’ city ordinances could force property owners to clean up vacant houses and properties or face condemnation and fines by declaring property as dilapidated, unsightly, unsafe, unsanitary, obnoxious and detrimental to public health and welfare.

If any properties are so declared, the owner or owners would then receive an order to tear down and clear land at owners’ expense within a designated time frame. If the owner fails to comply within the designated time frame, the city can declare the property a nuisance and place a lien on the property for all cost expended in tearing down structures and cleaning property, as described in the Arkansas Municipal League’s “Legal Tools to Help a City Keep a City Clean.”

Mayor Bobby Simon handed out copies of six sample ordinances he copied from the Municipal League’s manual. He handed out his five-page packet to council members during his called special session Jan. 14, to discuss problems with property owners not cleaning up and fixing up properties within the city.

After some discussion, such as the ordinance that could force property owners to “keep street gutters and drains clean and free of obstructions” or face fines, council members chose to table the matter until its regular February session, held the second Tuesday of each month.

Options

The packet contains ordinances labeled “A” through “F.”

Ordinance “A” requires property owners to keep premises “free from weeds, rank grass, garbage, rubbish and other unsightly and unsanitary articles.” This ordinance treats the above as public health hazards and requires the removal of any stagnant pools of water that “might become a breeding place for mosquitoes, flies and germs” which it cites as harmful to public health.

The packet’s ordinance “A” gives property owners seven days to clean up or face a lien on property if the city pays the cost of cleaning. Any property owners with unknown address or whereabouts could receive a notice by a posting on the property and a registered letter addressed to their last known residence.

Ordinance “B” prohibits dumping or throwing any trash or refuse within the city’s limits. It cites any person or persons caught throwing or dumping “trash, refuse, cans, bottles, garbage, paper, rags or any other kind or form of trash or garbage” as deemed to face a misdemeanor charge with a fine not less than $100 or to exceed $1,000 if found guilty.

Ordinance “C” requires property owners or occupants to keep abutted property “street gutters alongside their premises cleared and kept clean of all matter preventing the free flow of water.” Those found in violation of ordinance “C” violation - whether owners or occupants, even if only renting or leasing property - could face a fine of not less than $100 up to $1,000.

Ordinance “D” also addresses any city street water ditches or drains adjacent to property. All public or private driveways crossing a street-side drainage ditch require street superintendent approved culvert materials to avoid a fine.

Ordinance “E” addresses mosquito control within the city. If approved as written, a $12 per year “sanitation fee” levied on “each dwelling and commercial building located in the city” will go into a fund to control mosquitoes as needed.

Ordinance “F” in Mayor Simon’s sample packet stretches almost two pages. This proposed ordinance structures the city’s legal means to condemn and remove houses, buildings or structures constituting a nuisance within corporate limits. It gives the city the right to place a lien on property and to penalize property owners or occupants. It also allows the city to sell any items, structures or property to recoup its costs.

The proposed ordinance makes it unlawful for any person or persons, partnerships, corporation or association, to own, keep or maintain any house, building and/or structure within the corporate limits of the city of Sulphur Springs which is deemed a public nuisance.

If approved, the city would have to show a reasonable and good faith effort in notifying the legal property owners of their violation of nuisance laws by resolution of the city council prior to condemnation of a property. The city attorney would notify owners by registered letter sent to the last known address, stating the property had been condemned as a nuisance. Condemned property not torn down or removed from land within thirty days after posting a notification, “will be torn down and/or removed by the city’s building inspector or his duly-designated representative,” according to the sample ordinance.

Ordinance “F” also gives the city the right to then sell any materials for cash at public auction after a 10-day notice posted in a local newspaper. The city will spend all moneys collected from sale of items or property to pay all cleanup expenses, fines and filings. The city will send any proceeds exceeding the city’s expenses to the property’s legal owners, if known. Otherwise, if owners remain unknown, the money reverts to the city’s treasury.

News, Pages 15 on 01/30/2013