Abandoned and inoperable vehicles in Fort Smith are regulated under Chapter 16 (Nuisances) of the Fort Smith Municipal Code, which prohibits the open storage of any abandoned or inoperable motor vehicle on residential or nonresidential property. Removal of vehicles from public streets follows the Arkansas Code unattended-vehicle framework at A.C.A. Β§27-50-1201 et seq. The City provides a seven-day abatement notice before criminal charges may be filed under Section 16-12.
Abandoned and inoperable vehicles are addressed primarily as a public nuisance under Chapter 16 of the Fort Smith Municipal Code. An abandoned and/or inoperable vehicle is defined as one which cannot lawfully be driven on public streets for reasons including being unregistered, wrecked, dismantled or partially dismantled, abandoned, in a state of disrepair, or incapable of being moved under its own power. It is unlawful for either the owner or occupant of a residential or nonresidential building, structure or property to utilize the premises for the open storage of any abandoned or inoperable motor vehicle. Chapter 16 also bars the open storage of household appliances or furniture (regardless of working condition), tires, exercise equipment, inoperable lawn equipment, bathroom fixtures, mattresses, glass, building material and building rubbish. Fort Smith Neighborhood Services administers the program. When a violation is documented, an order or notice is issued listing the conditions to be abated; if the conditions have not been abated within seven days, the City may proceed with a criminal charge pursuant to Section 16-12 and may abate the conditions, with costs charged to the property owner, constituting a lien on the property and collectible as real-property taxes. Vehicles abandoned on public streets are removed under the Arkansas Code framework at A.C.A. Β§27-50-1201 through Β§27-50-1224 (Removal of Unattended or Abandoned Vehicles), including the title-clearing process at A.C.A. Β§27-50-1208.
Failure to abate within seven days of notice exposes the owner to a criminal charge under Section 16-12 of the Fort Smith Municipal Code and to City abatement with costs assessed against the property as a tax-collectible lien. Vehicles on public streets in violation of the Traffic Code are removed under A.C.A. Β§27-50-1201 et seq.; owners must pay the tow contractor's accrued fees and storage charges to recover the vehicle. Unclaimed vehicles are disposed of through the state's abandoned-vehicle title process.
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