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HomeMy Public PortalAbout2023- 515 ORDINANCE NO. 515 CITY OF WEST FORK,WASHINGTON COUNTY,ARKANSAS AN ORDINANCE TO AMEND CHAPTER 5.12 MAINTENANCE OF REAL PROPERTY IN THE WEST FORK MUNICIPAL CODE IN ORDER TO PROVIDE AN EXCEPTION FOR VEGETATION BENEFICIAL TO THE HEALTH OF THE LOCAL ECOSYSTEM. WHEREAS, the City of West Fork has adopted regulations for the maintenance of real property codified in Chapter 5.12 of the West Fork Municipal Code, which requires all property owners within the City to cut weeds, grass, remove garbage, rubbish, and eliminate, fill up, or remove stagnant pools or water among other requirements; and WHEREAS, because the City of West Fork recognizes the importance and benefit of pollinators and other insects to the environment,it has been recommended to the City Council that Chapter 5.12 be amended in order to allow for the creation of defined vegetation beds, as set forth in the attached Exhibit"A"; and WHEREAS, after thorough review, the City Council has determined that it is in the best interest and benefit to the community to amend Chapter 5.12, as set forth in the attached Exhibit "A", in order to promote and contribute to the health of the local ecosystem by allowing the creation of defined vegetation beds within the City of West Fork. NOW, THEREFORE, BE IT ORDAINED,by the City Council of the City of West Fork, Arkansas: Section 1. That Chapter 5.12: Maintenance of Real Property is hereby amended, as set forth in the attached Exhibit"A". Section 2. The rest and remainder of the West Fork Municipal Code not specifically amended herein remains in full force and effect. Section 3. In the event that any section,paragraph, subdivision,clause,phrase,or other provision or portion of this Ordinance shall be adjudged invalid or unconstitutional,the same shall not affect the validity of this Ordinance as a whole, or any part or provision, other than the part so decided to be invalid or unconstitutional, and the remaining provisions of this Ordinance shall be construed as if such invalid, unenforceable or unconstitutional provision or provisions had never been contained herein. PASSED AND APPROVED this I-eday of June 2023. APPRO Heith Caudle, Mayor EST: WES " �r,,��� Ann Upton, City CIerk = : SEAL (SEAL) �'• :zzi� I CERTIFICATION of ORDINANCE The undersigned, City Clerk of the City of West Fork,Arkansas, hereby certifies that the foregoing pages are true and perfect copy of Ordinance No. 515, adopted at a meeting of the City Council of the City of West Fork,Arkansas, held at the regular meeting place in said city at 6:30 o'clock p.m. on the 13th day of June 2023 and that the Ordinance is of record in the office of the City Clerk. GIVEN under my hand and seal on this 131:bday of n� , 20Z. . �,WEST1P1 ." � FO��� Ann Upton, City Clerk (SEAL) .}s1NY PROOF OF POSTING ORDINANCE STATE OF ARKANSAS COUNTY OF WASHINGTON I, Ann Upton, do solemnly swear that as City Clerk, respectively, of and for the City of West Fork, Washington County, Arkansas,that a certified copy of Ordinance No. 515 was, on the 14th day of June, 2023, duly posted in five separate and distinct places inside the corporate limits of the City as designated by the City Council and that the Ordinance has remained posted for thirty (30) days. DATED this day of ay%C , 2023 %% q4 ES 7' i,���' Ann Upton, City Clerk X� (seal) S� ' ii,�NGT ON►%���� Five designations: WF Administration Building WF Courts/Police Bank of Fayetteville WF Post Office WF Library June edits CHAPTER 5.12 MAINTENANCE OF REAL PROPERTY Sections: 5.12.01 Application 5.12.02 Property Maintenance Required 5.12.02.01 Right to Install and Manage a Natural Landscape 5.12.03 Conditions Prohibited 5.12.04 Notice Required 5.12.05 Unknown Owner 5.12.06 Lien Enforcement 5.12.07 Penalty 5.12.01 Application This Ordinance applies to the apparent owner(s), lessee(s), tenant(s), occupant(s), or any other person(s) having control or possession of the property,hereafter in this Ordinance referred to as "owner". 5.12.02 Property Maintenance Required West Fork is committed to creating a healthy and beautiful environment for its citizens. The City provides a wonderful lifestyle and an abundance of natural beauty, but is also primed for growth, so it is in the public's interest to encourage diverse landscape treatments throughout the community. This includes, but is not limited to, those that support, preserve, and restore native plant communities, foster healthy pollinator communities, and that extend deep-rooted riparian zones and wildlife corridors to protect our wildlife and waterways. In addition, the City encourages the sustainable cultivation of fresh produce. At the same time, it is recognized and understood that the responsible management and care of property, both structures and the yards, gardens and other greenspace, is essential to the ability of neighbors,residents and all the citizens of the City to enjoy the healthy lifestyle and beauty of the City. With this understanding and with these goals in mind, the purpose of this section is to discourage unplanned and uncontrolled growth of invasive and noxious vegetation, while permitting and encouraging the planting of maintained natural landscaping that adds diversity, health, and beauty to our community. All property owners within the City of West Fork,Arkansas, are hereby required to manage their landscape, remove garbage, rubbish and other unsanitary and unsightly articles from their 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, snakes,rats,mice, feral animals of any kind and germs harmful to the health of the community. This section is in no way intended to interrupt or disturb the encouragement and support of pollenating birds,bees or other such pollinators. 5.12.02.01 Right to Install and Maintain a Managed Natural Landscape An owner, authorized agent, or authorized occupant of any privately owned lands or premises may, consistent with this subsection and all other applicable laws, statutes, rules and ordinances, install and maintain a managed natural landscape, including produce gardens. (1) Definitions. Managed natural landscape is defined as a planned, intentional, and maintained planting of native or non-native grasses,wildflowers,forbs,ferns,shrubs or trees,including but not limited to rain gardens, meadow vegetation, and ornamental plantings. Plants that fall in this category are allowed to exceed the eight inch (8") height limit for turf grasses as long as they are absent of noxious weeds and the plants do not constitute a health, safety or fire risk. Meadow vegetation is defined as grasses and flowering broad-leaf plants that are native to, or adapted to, the State of Arkansas, and that are commonly found in meadow and prairie plant communities, not including noxious or invasive weeds. Ornamental plants are defined as grasses, perennials, annuals and groundcovers, purposefully planted for aesthetic reasons. Produce garden is defined as growing produce, flowers, herbs, fungi, grains, or seeds. Rain garden is defined as a native plant garden that is designed not only to aesthetically improve properties,but also to slow and reduce the amount of stormwater and accompanying pollutants from entering ditches,ponds, streams, rivers and lakes. Turf-grass lawn is defined as a lawn comprised mostly of grasses commonly used in regularly cut lawns or play areas, intended to be maintained at a height of no more than eight inches (8"). Noxious weeds are defined as plants that are harmful or injurious to health or physical well-being of persons or animals. Invasive weeds are defined as a plant species that establish, persist and spread widely in natural ecosystems outside the plant's native range. In a foreign locality, these invaders often lack natural enemies to curtail their growth — enabling them to overrun native plants and ecosystems. (2)Requirements. a. Managed natural landscapes may include plants and grasses in excess of eight (8) inches in height and which have gone to seed but may not include any noxious or invasive weeds and must be maintained so as to not include unintended vegetation. b. Managed natural landscapes may not include any plantings, which due to location and manner of growth constitute a hazard to the public or may injure or damage persons or property. c. Managed natural landscapes shall not include turf-grass lawns left unattended for the purpose of returning to a natural state. d. Managed natural landscapes may not hinder ingress/egress to the property, cause a sight obstruction,or impede or obstruct a sidewalk or public right of way. 5.12.03 Conditions Prohibited It shall be unlawful for the owner of any property to allow or maintain the property in such a manner that any of the following conditions are found to exist: 3.1 Storage of broken or discarded furniture, household equipment and furnishings or shopping carts visible from a public street. 3.2 Overgrown vegetation-visible from a public street or adjacent property which may cause a sight obstruction, or which impedes or obstructs the public right of way. 3.3 Dead, decayed, diseased or hazardous trees, weeds, or other vegetation constituting unsightly appearance and visible from a public street or adjacent property unless being intentionally managed as a wildlife refuge or compost pile. 3.4 Packing boxes, cardboard boxes, lumber, junk trash, barrels (with the exception of functioning rain barrels), drums, salvage materials, or other debris kept on the property for an unreasonable time and visible from a public street. 3.5 Abandoned, broken, or neglected equipment, machinery, appliances, refrigerators, freezers, hazardous pools/ponds, and excavations. Vehicles, boats, trailers, or other vehicle parts which are abandoned or left in a state of partial repair for unreasonable time in front yards, side yards, or driveways and visible from a public street. It is presumed that two (2) months constitutes an unreasonable time. 3.6 Vehicles parked or stored off the pavement on residential properties and visible from a public street. 3.7 Abandoned buildings. 3.8 Unsightly buildings in a state of substantial disrepair. 3.9 Buildings with broken windows for an unreasonable period of time. It is presumed that six(6)weeks is an unreasonable amount of time to leave a broken window unrepaired. 3.10 Building exteriors,walls, fences, driveways, sidewalks, or walkways which are maintained in a defective or unsightly condition. 3.1 Construction equipment, farm machinery, or machinery of any type stored on property visible from a public street in a residential zone. 3.12 Property lacking appropriate landscaping, turf, or plant material so as to cause excessive dust such that dust is known to travel beyond the owner's yard and into neighboring property. 3.13 Storing piles of dirt, rocks, gravel, sand, concrete, and other similar materials for an unreasonable period of time. It is presumed that three (3) months is an unreasonable amount of time to so store the substances identified in this subsection. It is understood that storage of such material for a longer time may be necessary during active construction,restoration or other such project for which the materials are of use. 5.12.04 Notice Required The owner or resident of the property, lot, or other real property within the City of West Fork, shall be given written notice of a condition which violates this ordinance or code by the Chief of Police, or their designee(s), and shall be given seven(7) days to respond to the Chief or their designee with an acknowledgement the violation notice and a plan to attend to the violation, then the owner or resident shall be given an additional fourteen (14) days to attend to and remedy the condition which has caused the violation. If after these twenty-one (21) days, the owner or resident is unable to remedy the violative condition and bring the property into compliance with this ordinance or code, the Chief or their designee may permit the owner or resident to submit written plan for managing and maintaining the property which is out of compliance, allowing up to an additional twenty-one(21)days to follow the written plan and bring the property into compliance. The Chief or designee shall consider the nature and severity adverse effects on the health and welfare of the neighbors and other residents of the City resulting from the condition of the property, as well as the adverse impact on the ability of the residents in the immediate area to peacefully enjoy their own property when determining if, and how much, additional time shall be given to bring the violative condition into compliance. If there is no response from the owner resident after the initial seven (7) days to respond and acknowledge the violation, the Chief of Police, designee(s), and/or City employees if necessary, are hereby authorized to enter upon the property and have said weeds, grasses, or other vegetation cut and removed, or eliminate or clear any unsanitary and unsightly condition, and the cost thereof shall be charged against said premises and shall constitute a lien thereon. 5.12.05 Unknown Owner In case the owner of any lot or other real property is unknown or his/her whereabouts are unknown or is a non-resident of the State of Arkansas,then a copy of the written notice hereinabove referred to shall be posted upon the premises in the nature and following the procedure set forth in the applicable Arkansas law(s), including any additional requirements of lawful notice contained in applicable law. 5.12.06 Lien Enforcement The lien herein provided for may be enforced in accordance with State law and collected in either one of the following ways provided for in the applicable and appropriate state law, including the strict adherence by the City to the required procedures, notices and documents to enforce a permitted lien and to recover all funds, costs, penalties and interest permitted. 5.12.07 Penalty Penalty for violation of this Ordinance and in addition to the remedies contained herein, the City shall have the authority to prosecute any violators of this Ordinance in a court of competent jurisdiction as follows: If within the time fixed herein, after having received such notice from the Chief of Police or such other person as may be designated by the Chief of Police, shall upon conviction, be subject to an additional penalty in the sum if not less than Fifty Dollars and No/Cents ($50.00) for each day that such property owner refused to comply with this Ordinance after the expiration of the time limits provided. Each day shall be considered a separate offense.