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14-235-303. Refusal of owner to connect.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-235-303. Refusal of owner to connect.
(a)(1) If the owner of property shall fail, neglect, or refuse to connect the sewer as ordered in § 14-235-302 within the time prescribed in the order, unless further time is granted for the completion of the sewer, it shall be the duty of the municipality to cause the sewer to be constructed, by contract or otherwise, in as economic and substantial a manner as may be practicable.
(2) For that purpose, the municipality is authorized to enter upon, by its agents, contractors, and employees, any property on which they may order a sewer to be constructed, doing as little damage as possible.
(b)(1) When the construction has been completed and the cost ascertained, it shall become a charge and a lien upon the property.
(2)(A) The municipality is authorized and empowered to institute suit in any court having jurisdiction to enforce liens against real property, in the manner designated in § 14-90-1002 for the commencement of suits by the board of improvement, for the purpose of making the property chargeable for the lien provided in this section and the amount of the construction of the sewer, together with a twenty percent (20%) penalty for noncompliance with the order of the municipality.
(B)(i) When a decree has been obtained, the property shall be ordered sold in the manner provided in § 14-90-1101 et seq. and § 14-90-1201 et seq. for the sale of property.
(ii) All appeals to the Supreme Court or the Court of Appeals from decrees rendered against property under this section shall be prosecuted within the time and under the restrictions and limitations set forth in this act, and no injunction shall be issued by any court restraining the building of any sewer ordered by the municipality.
(c)(1) All notices and summons re
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-235-303
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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Stable record: arkansas_code:legal_authorities:14-235-303
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5f15d4a5398aa86358ff3d403cf4aee109c6ee300612d2b96a91a43cb6c5b1a2
Source location: content.xml paragraph 49647
Stored source content
14-235-303. Refusal of owner to connect.
(a)(1) If the owner of property shall fail, neglect, or refuse to connect the sewer as ordered in § 14-235-302 within the time prescribed in the order, unless further time is granted for the completion of the sewer, it shall be the duty of the municipality to cause the sewer to be constructed, by contract or otherwise, in as economic and substantial a manner as may be practicable.
(2) For that purpose, the municipality is authorized to enter upon, by its agents, contractors, and employees, any property on which they may order a sewer to be constructed, doing as little damage as possible.
(b)(1) When the construction has been completed and the cost ascertained, it shall become a charge and a lien upon the property.
(2)(A) The municipality is authorized and empowered to institute suit in any court having jurisdiction to enforce liens against real property, in the manner designated in § 14-90-1002 for the commencement of suits by the board of improvement, for the purpose of making the property chargeable for the lien provided in this section and the amount of the construction of the sewer, together with a twenty percent (20%) penalty for noncompliance with the order of the municipality.
(B)(i) When a decree has been obtained, the property shall be ordered sold in the manner provided in § 14-90-1101 et seq. and § 14-90-1201 et seq. for the sale of property.
(ii) All appeals to the Supreme Court or the Court of Appeals from decrees rendered against property under this section shall be prosecuted within the time and under the restrictions and limitations set forth in this act, and no injunction shall be issued by any court restraining the building of any sewer ordered by the municipality.
(c)(1) All notices and summons required in this section shall be served in the manner provided in § 14-90-1003 against resident as well as nonresident owners of property.
(2)(A) The court shall be open, as stated in § 14-90-1001.
(B) The same preference shall be given to suits commenced under this section.
(C) The same summary mode of proceeding shall be adopted in pleading and in all matters relating to the enforcement of the lien.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-235-302. Ordering property owners to connect.
(a) After the completion of any sewer or branch sewer authorized to be built under the provisions of this act, it shall be lawful for any municipality to which this act is applicable, whenever in its opinion the public health will be promoted by it, to order any one (1) or more property owners near or adjacent to any sewer to construct upon their property sewers leading from some point or place on their premises to the sewer of the municipality for the purpose of:
(1) Draining off surface or other water; and
(2) Conducting any excrement that may be at or about the premises and filth of every nature, character, and description into the sewers belonging to the municipality.
(b) In the order issued to construct the sewers for the purpose presented, the time within which they are to be completed, the nature and character of the material to be used in the construction of them, and the place of tapping the sewers of the municipality shall be designated, as well as the manner of doing it.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-235-302
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 14-235-302. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-90-1002. Filing of complaint.
(a) A municipal board of improvement, within six (6) months after the delinquent list is prepared by the county tax collector, may file and prosecute a suit to collect the delinquent installments.
(b)(1) In the complaint, it shall only be necessary to allege that the lot, block, or parcel of land, describing it, was assessed and that the annual assessment, giving the amount and specifying the year for which levied, was not paid within the time required by law.
(2) It shall not be necessary to allege the steps taken by the municipal council, the board, or other officer.
(3) It shall conclude with the prayer that the delinquent property be charged with the installment in default, penalty, and costs and that it be condemned and sold in payment thereof.
(c) Any lot, block, or parcel of land which has been sold to the improvement district in a prior foreclosure suit and has not been redeemed shall not be included in any subsequent foreclosure suit.
(d) No exhibits other than those specified in this section need to be attached to the complaint.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-90-1002
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 14-90-1002. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-90-1101. Court order.
(a) In a suit to collect delinquent municipal improvement district assessments brought in the name of the board of improvement, the chancery court shall order, in its decree of condemnation, that if the sum adjudged shall not be paid within ten (10) days, the property shall be sold by a commissioner, appointed for that purpose, upon twenty (20) days' notice.
(b) Only so much of the property shall be sold as will pay the assessment, costs, and penalty, and no more.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-90-1101
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 14-90-1101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-90-1201. Advancement of cause.
If any appeal is taken from any decree ordering the sale of property to collect delinquent municipal improvement district assessments, the Supreme Court shall advance the cause on its docket and shall hear and decide the cause at as early a day as practicable.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-90-1201
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 14-90-1201. This identifies an authority to review, not proof of applicability.