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14-14-813. Authority to regulate unsanitary conditions.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-14-813. Authority to regulate unsanitary conditions.
(a) To the extent that it is not inconsistent with the powers exercised by incorporated towns and cities of the first class and cities of the second class under § 14-54-901 et seq., counties are empowered to order the owner of real property within the county to:
(1) Abate, remove, or eliminate garbage, rubbish, and junk as defined in § 27-74-402, and other unsightly and unsanitary articles upon property situated in the county; and
(2) Abate, eliminate, or remove stagnant pools of water or any other unsanitary thing, place, or condition that might become a breeding place for mosquitoes and germs harmful to the health of the community.
(b) A copy of the order issued under subsection (a) of this section shall be posted upon the property and:
(1) Mailed to the last known address of the property owner by the county clerk or other person designated by the quorum court; or
(2) Published in accordance with § 14-14-104 if there is no last known address for the property owner.
(c)(1) If the property owner has not complied with the order within thirty (30) days after notice is given in accordance with subsection (b) of this section, the county may:
(A) Do either of the following:
(i) Take any necessary corrective actions, including repairs, to bring the property into compliance with the order; or
(ii) Remove or raze any structure ordered by the county to be removed or razed; and
(B) Charge the cost of any actions under subdivision (c)(1)(A) of this section to the owner of the real property.
(2) The county shall have a lien against the property for any unpaid cost incurred under subdivision (c)(1) of this section in addition to interest at the maximum legal rate.
(d) In all successful suits brought to
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-14-813
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:14-14-813
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f9dee6846c1fb3f11550dbb2b8f6b8c020ebfc8e6fdf808fd62b7c29df70e41c
Source location: content.xml paragraph 1972
Stored source content
14-14-813. Authority to regulate unsanitary conditions.
(a) To the extent that it is not inconsistent with the powers exercised by incorporated towns and cities of the first class and cities of the second class under § 14-54-901 et seq., counties are empowered to order the owner of real property within the county to:
(1) Abate, remove, or eliminate garbage, rubbish, and junk as defined in § 27-74-402, and other unsightly and unsanitary articles upon property situated in the county; and
(2) Abate, eliminate, or remove stagnant pools of water or any other unsanitary thing, place, or condition that might become a breeding place for mosquitoes and germs harmful to the health of the community.
(b) A copy of the order issued under subsection (a) of this section shall be posted upon the property and:
(1) Mailed to the last known address of the property owner by the county clerk or other person designated by the quorum court; or
(2) Published in accordance with § 14-14-104 if there is no last known address for the property owner.
(c)(1) If the property owner has not complied with the order within thirty (30) days after notice is given in accordance with subsection (b) of this section, the county may:
(A) Do either of the following:
(i) Take any necessary corrective actions, including repairs, to bring the property into compliance with the order; or
(ii) Remove or raze any structure ordered by the county to be removed or razed; and
(B) Charge the cost of any actions under subdivision (c)(1)(A) of this section to the owner of the real property.
(2) The county shall have a lien against the property for any unpaid cost incurred under subdivision (c)(1) of this section in addition to interest at the maximum legal rate.
(d) In all successful suits brought to enforce liens granted under this section, the county shall be reimbursed its costs, including title search fees and a reasonable attorney's fee.
(e) This section does not apply to:
(1) Land valued as agricultural property that is being farmed or otherwise used for agricultural purposes; or
(2) A parcel of land larger than ten (10) acres if the unsanitary condition on the parcel is not visible from a public road or highway.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-14-104. Publication requirements.
(a) Unless otherwise specifically provided, when a county government is required to publish, publication shall be by a one-time insertion in a newspaper of general circulation in the county.
(b) Where no newspaper of general circulation exists in a county, publication may be made by posting in three (3) public places which have been designated by ordinance.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-14-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-14-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-54-901. Municipal authority.
Incorporated towns and cities of the first and second class are empowered to order the owner of lots and other real property within their towns or cities to cut weeds; to remove garbage, rubbish, and other unsightly and unsanitary articles and things upon the property; and to eliminate, fill up, or remove stagnant pools of water or any other unsanitary thing, place, or condition which might become a breeding place for mosquitoes, flies, and germs harmful to the health of the community, after the town or city has provided therefor by an ordinance to that effect.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-54-901
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-54-901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-74-402. Definitions.
As used in this subchapter:
(1) “Automobile graveyard” means any establishment or place of business that is maintained, used, or operated for the storing, keeping, buying, or selling of five (5) or more wrecked, scrapped, ruined, or dismantled motor vehicles;
(2) “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, and waste or junked, dismantled, or wrecked automobiles, or parts thereof, or iron, steel, and other old or scrap ferrous or nonferrous materials; and
(3)(A) “Junkyard” means an establishment or place of business that is maintained, used, or operated for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard.
(B) The term “junkyard” shall also include garbage dumps and sanitary fills.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-74-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-74-402. This identifies an authority to review, not proof of applicability.