Sections:
5.04.01 Unsightly or unsanitary conditions on real property
5.04.02 Grass cut
5.04.03 Proper maintenance
5.04.04 Notification
5.04.05 Unknown owner
5.04.06 Enforcing the lien
5.04.07 Fine
5.04.01 Unsightly or unsanitary conditions on real property. All property owners and/or tenants of real property situated within the corporate limits of the city of Mayflower, Arkansas, whether such property is business or commercial, improved or unimproved, occupied or unoccupied, shall keep the grass and weeds cut, remove rubbish and other unsightly and unsanitary articles and things upon said property, and shall eliminate, fill up, or remove stagnant pools of water or other unsanitary things, places, or conditions which might become a breeding place for mosquitoes, flies, insects, reptiles, and germs. (Ord. No. 2019-01)
5.04.02 Grass cut. For the purpose of this ordinance, the grass and weeds upon such real property zoned residential shall not be considered to be maintained properly unless kept under six (6) inches. The grass and weeds upon such real property zoned commercial shall not be considered to be maintained properly unless kept under eight (8) inches. Property shall be maintained with a fifteen (15) ft. buffer along the lot line adjacent to the developed property with grass and weeds in such buffer shall not exceed eight (8) inches in height. Anything grown for agricultural purposes is not considered grass and therefore excluded from this ordinance. Mayflower will follow the provisions set out in AC.A.§ 2-4-107. (Ord. No. 2019-01)
5.04.03 Proper maintenance. For the purpose of this ordinance, any such property shall be considered to be properly maintained with reference to the removal of rubbish and other unsightly or unsanitary things and articles if the owner and/or tenant of such premises shall cause such rubbish and refuse to be kept in such manner that the same shall not be exposed to or collect and hold water, affording a breeding place for mosquitoes and such rubbish and unsanitary things are not visible from the street. See Mayflower City Ordinance 8.16.02. Acceptable items intended for quarterly bulk pickup shall not be placed curbside for designated pickup more than one (1) week prior to scheduled pickup. (Ord. No. 2020-08, Sec. 1)
5.04.04 Notification. If the owner of any lot or other real property within the city of Mayflower, Arkansas, shall neglect, fail or refuse to remove, abate, or eliminate any such condition or conditions hereinabove set forth after having been given seven (7) business days in accordance with AC.A. 14-54-903 in writing to do so, then the city is authorized to do and perform any and all acts, deeds, and things necessary and requisite 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 of Mayflower, Arkansas, shall have a lien against such property for all costs expended in correcting said condition or conditions. (Ord. No. 2020-01, Sec. 1)
5.04.05 Unknown owner. In event the owner or owners of any lot or other real property is unknown or his, her, or their whereabouts shall be unknown, or if any such owner or owners shall be non-residents of the state of Arkansas, then a copy of the written notice designated in Section 4 above shall be posted upon the premises, and prior to the institution of any action to enforce such lien, the City Clerk of Mayflower, Arkansas, shall make an affidavit setting out the facts as to the unknown address or whereabouts of non-residents, and thereupon service of process by publication as now provided by law against non-resident defendants shall be had, and an attorney ad litem shall be appointed by the court or the clerk thereof in which the action is filed, to notify the defendant by registered or certified United States mail, with return receipt requested, addressed to the last-known place of residence of such defendant or defendants, if the same can be found. (Ord. No. 80-3, Sec. 5.)
5.04.06 Enforcing the lien. The lien herein provided for may be enforced at any time within eighteen (18) months after such work, acts, deeds, and things have been done and performed, by proper action filed in the Chancery Court of Faulkner County, Arkansas. (Ord. No. 80-3, Sec. 6.)
5.04.07 Fine. Any person, firm, or corporation violating any of the provisions of Section 1 through 3 of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00), and each day any such violation shall be permitted to continue shall constitute a separate offense and shall be punishable as such. It is the express intention of the city of Mayflower, Arkansas, that the penalties set forth in this section of this ordinance shall be in addition to the remedies provided in Sections 4 through 6 of this ordinance, and the imposition of a fine under the criminal provisions hereof shall not bar or otherwise prevent the city of Mayflower from impressing a lien upon such lot or real property for the costs expended by it to correct the condition or conditions set forth in this ordinance.
(Ord. No. 2019-01)
5.04.08 Amendments. That all ordinances and parts thereof in conflict with AC.A. 14-54-901 et seq. are hereby repealed to the extent of such conflict. (Ord. No. 2020-01, Sec. 2) The provisions of A.C.A. 14-54-901, along with any future amendments, are hereby adopted. (Ord. No. 2020-01, Sec. 3)
