Authority to regulate unsanitary conditions

  1. Law
  2. Arkansas Code
  3. Local Government
  4. County Government
  5. County Government Code
  6. Legislative Powers
  7. Authority to regulate unsanitary conditions

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  1. (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. (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. (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.

  2. (b) A copy of the order issued under subsection (a) of this section shall be posted upon the property and:

    1. (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. (2) Published in accordance with § 14-14-104 if there is no last known address for the property owner.

  3. (c)

    1. (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:

      1. (A) Do either of the following:

        1. (i) Take any necessary corrective actions, including repairs, to bring the property into compliance with the order; or

        2. (ii) Remove or raze any structure ordered by the county to be removed or razed; and

      2. (B) Charge the cost of any actions under subdivision (c)(1)(A) of this section to the owner of the real property.

    2. (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.

  4. (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.

  5. (e) This section does not apply to:

    1. (1) Land valued as agricultural property that is being farmed or otherwise used for agricultural purposes; or

    2. (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.


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