§ 14-35. Authority of County Judge.

(a)

In the event that the County Judge finds after a complaint and investigation that unsightly or unsanitary conditions exist upon real property as defined in A.C.A. § 14-14-813, then the Judge is authorized to abate, remove or eliminate such.

(b)

The County Judge shall issue an order to the owner of said real property requiring the owner to abate, remove, or eliminate garbage, rubbish, and junk as defined in A.C.A. § 27-74-402 and other unsightly and unsanitary articles; and/or to abate, eliminate, or remove stagnant ponds of water or any other unsanitary and unsightly place or condition that might become a breeding ground for mosquitoes and germs harmful to the health of the community and cause said order to be posted, mailed or published in accordance with A.C.A. § 14-14-813.

(c)

If the property owner fails to comply with said order within thirty (30) days after notice, then the County Judge is authorized to take corrective action, as provided for in A.C.A. § 14-14-813.

(d)

The costs of any such action of the County Judge as set out above shall be charged to the owner of the real property.

(e)

The County shall have a lien against this property for any unpaid costs incurred including additional interest at the maximum rate.

(f)

If the County Judge is successful in bringing suit to enforce this section, then the County shall be reimbursed its costs including title search fees and reasonable attorney's fees as allowed by A.C.A. § 14-14-813.

(g)

Pursuant to A.C.A. § 14-14-813, this section shall not apply to land valued as agricultural, that is being farmed or otherwise used for agricultural purposes, or any parcel of land larger than ten (10) acres if the unsanitary condition is not visible from a public road or highway.

(h)

The County Judge shall report to the Quorum Court any actions taken pursuant to this section.

(Ord. No. 2012-27, Arts. 1—8, 4-12-12)