§ 8-34. Administration and enforcement provisions.

The director shall administer and enforce this article as follows:

(1)

Petition. Upon receipt of a written petition by the director from ten (10) Pulaski County homeowners residing within two (2) miles of the property identified, by address or parcel number, and stating that junk, garbage, or rubbish has become unsightly or unsanitary, the director shall investigate the claims made in the petition. The director shall then present the petition to the county judge with a report of findings and recommended necessary corrective action, if the director finds that the claims are substantiated;

(2)

Executive order. Upon the county judge finding that there is sufficient reason, based upon known facts, to determine by a preponderance of the evidence that the referenced junk, garbage, or rubbish is unsightly or unsanitary, the county judge shall enter an executive order identifying the following:

a.

The unsightly or unsanitary condition(s) that exist; and,

b.

The necessary corrective action that must take place to ensure compliance with the executive order.

(3)

Notification. Upon the county judge's determination that corrective action is necessary, and upon entry of an executive order, public works shall notify the property owner(s) that they have thirty (30) days to undertake the necessary corrective action or file an appeal to the Pulaski County Circuit Court;

a.

The director shall cause notice of the order to be:

1.

Posted upon the property;

2.

Mailed to the last known address of the property owner(s) by United States Postal Service First Class Mail and by certified mail, restricted delivery, return receipt requested; and,

3.

Publish the Order in accordance with A.C.A. § 14-14-104.

(4)

Necessary corrective action. The public works shall promptly undertake the necessary corrective action, contained in the court's order, no sooner than forty-five (45) days following notice being provided pursuant to the requirements set forth in subsection (c).

(5)

Costs. Any Necessary corrective action performed by Pulaski County shall be subject to the following:

a.

Public works may charge to the owner(s) the cost of undertaking the Necessary corrective action ordered by the county judge, including, but not limited to, the cost of proper disposal of the junk, garbage, or rubbish;

b.

The administrative cost incurred by Pulaski County including, but not limited to, the costs of mail or permits required to remove the junk, garbage or rubbish, if any;

c.

Reasonable attorney's fees, if any, as determined by a court of competent jurisdiction; and,

d.

Public works is authorized to collect costs, delinquent costs, and penalties in the manner authorized by law. Any costs more than ninety (90) days delinquent on November 1st of each year shall be entered in the Pulaski County tax records and collected by the Pulaski County Collector with the personal property taxes as provided in A.C.A. § 8-6-212.

(6)

Lien. Pulaski County shall have a lien against the property for any unpaid costs incurred under subsection (f) of this section, and in accordance with the following provisions.

a.

The lien must include the director's signature and a statement of the steps undertaken by the director to provide notice to the property owner(s), the amount of the lien, and date and description of the necessary corrective action untaken by public works;

b.

Prior to a lien being recorded, public works shall cause notice of the costs incurred, and the total amount of the lien, to be given by:

1.

Mailing notice to the last known address of the property owner(s) by United States Postal Service First Class Mail and by certified mail, restricted delivery, return receipt requested, and to the lienholders of record; and,

2.

Publishing the lien in accordance with A.C.A. § 14-14-104.

c.

The lien must be filed within one hundred and twenty (120) days of completion of the necessary corrective action performed by public works;

d.

The lien must be enforced and collected within ten (10) years after a lien has been filed of record with the Pulaski County Circuit Clerk Property Records Division; and,

e.

Consistent with A.C.A. 14-54-904, the unpaid incurred costs for the necessary corrective action, plus a ten (10) percent penalty for collection, shall be certified by the Director to the Pulaski County Tax Collector, to be placed on the tax books, and collected accordingly. The amount, less four (4) percent, as specified in A.C.A. § 8-6-212, shall be paid by public works to the Pulaski County Tax Collector.

(9)

Additional rules and regulations. The director shall be authorized to promulgate any additional rules and regulations necessary to effectuate the effective operation of this article and ensure implementation of the judge's executive order.

(Ord. No. 16-OR-53, Art. 4, 11-23-16)