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1381 ORDINANCE NO. 1381 (# 24 - 2009) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE SS 8.01 (PROPERTY NL4INTEN.ANCE) AND 8.03 (NUISANCE ABATEMENT); AMENDING JACKSONYZLLE MUNICIPAL CODE SS &02, 8.08, 8.10, 8.12, 8.20, 8.24, 8.26, 8.28, 8.32, 16.04.010, AND OTHER PROVISIONS IN CONFLICT' HEREWITH; DECLARING AN EMERGENCY; .ANI), FOR OTHER PURPOSES. WHEREAS, City officials believe additional provisions regarding property maintenance and nuisance abatement are needed to address continuing problems with property owners /occupants who have not timely or properly maintained certain respective real properties within the City of Jacksonville. As a result, the City Council believes the following provisions, amendments, and additional requirements are necessary to enable additional entinrc:ement efforts by the City in tbis area. NOW, THEREFORE, RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS THAT: SECTION ONE: Jacksonville Municipal Code shall be amended, changed, and modified to include the following provisions: Jacksonville Municipal Code 6 8,01.001. General. These regulations shall be known as the Jacksonville Nuisance Abatement and Property Maintenance Code and may be referred to herein as "the Code" or "this Code". These regulations are intended to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises within the City of Jacksonville, Arkansas. Code Enforcement Officers may refer to the commentary of similar provisions in current editions for various building and property maintenance codes broadly accepted for guidance and/or adopted by the City of Jacksonville. Jacksonville Municipal Code 4 $.01.002. Applicability. The provisions of this Code shall apply to all residential and nonresidential structures and premises within the City of Jacksonville, Arkansas. These provisions constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, safe and sanitary property and improvement maintenance, responsibility of owners, operators, and occupants, the occupancy of existing structures, improvenuents, and premises, and for administration, enforcement, and penalties for violations of these standards and provisions. Structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as specified herein. Repairs, alterations, additions to, and change of occupancy in existing buildings shall comply with the current edition(s) of the Arkansas and National. Standard Building Codes for Electrical, Fire Prevention, IIVAC, Historical, Mechanical, Plumbing, and all current editions of various applicable Building and Property Maintenance Codes as specified in JMC § 16.0- 1.010. Where different standards or requirements are imposed by this Code and other competent authority or by different sections of this Code, the most restrictive standard or requirement shall govern. Jacksonville Municipal Code 8 Ol 1x03 k nforeement A.nthori ies. The provisions of this Code shall be enforced by officers of the Code 'Enforcement Office of the City and the City's designated Fire Marshal. For purposes of this Code, a Code Enforcement Officer shall be defined as any City employee who has been duly sworn and authorized to uphold the ordinances of the City, applicable laws of the State of Arkansas and Li. S. government related to property uses, maintenance, nuisances, inspections, issuances of building permits, certifications, and licensing etc., within the municipal boundaries of the City. This Code may also be enforced by any and all duly sworn law enforcement officers of the Jacksonville Police Department. Jacksonville Municipal Code 6 8.01.004. Identification. All Code Enforcement Officers shall carry proper identification and present such upon request when perfonning duties under this Code. ORDINANCE NO 1381 (# 24 — 2009) PAGE TWO J acksonville M�rnfcina� Cade 8 01 005 Rule- makiga Authori t., The City .Engineer, Planning Director, Fire Marshal, and/or Code Enforcement Office shall have authority as necessary in the interest of public health, safety, and general welfare to adopt, pmmutgate, and interpret administrative and procedural rules and to implement the provisions of this Code in a manner consistent with the intent thereof. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this Code or of violating accepted engineering methods involving public safety. Rules and interpretations remade pursuant to this Subsection are considered to be administrative determinations subject to appeal as provided by this Code. No citations may be issued based upon a rule or interpretation under this subsection until interested parties have been informed about the decision and been afforded an opportunity to appeal. The Code Enforcement Office shall maintain, or cause to be maintained, a file of all administrative rules made pursuant to this subsection which shall be available for copy and inspection by the public. Jacksonville Municipal Cude 8.01.006. Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Code Enforcement Office shall have the authority to grant modifications for individual cases, provided the Code Enforcement Office shall first make written findings that a special condition or circumstance exists such that the strict letter of this Code is impractical and the modification is in compliance with the intent and purpose of this Code and that such modification does not lessen health, life, and fire safety requirements. The details of action granting modifications shall be recorded and entered in the Department files. Jacksonville Municipal Code S 8.01.007. historic Builds s, Structures and Districts- Existing buildings or structures designated by the City of Jacksonville, the State of Arkansas, or the United States government to be historic or within a designated historic district shall be exempted from the literal requirements of such provisions of this Code that a proper body (such as an Historic Commission or the City Council) determines such a provision to infringe upon the historic nature of the building or structure. However, no exemption may be allowed unless the buildings or structures are judged by the Code Enforcement Office to be safe and in the public interest of health, safety, and welfare. Jacksonville Mugfcipal Code 6 8 Ol 008 Malntenanee. F.quiprnent, systems, devices, and safeguards required by this Code or a previous regulation or code under which the structure or premises was constructed, altered, or required shall be maintained in good and proper working condition and order. No Owner /Occupant shall cause any required service, facility, equipment, or utility to be nentoved from, shut off from, or discontinued for any occupied dwelling, except for temporary interruptions necessitated by repairs or alterations. The requirements of this and other applicable axle provisions are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner and/or occupant shall be responsible for the maintenance of buildings, structures, and premises. Jacksonville Municipal Code 8 8.01.009. Rgnufremq Not Covered by Code. Requirements necessary for the strength, stability, or proper operation of an existing fixture, �--- structure, or equipment, or for the public safety, health, and general welfare not specifically covered by this and/or other applicable Code provisions shall be determined by the Code Enforcement Office_ Such decisions are considered to be administrative determinations subject to appeal as provided by this Code. No citations may be issued besot' upon an administrative decision under this Subsection until interested parties have been informed about the decision and been afforded an opportunity to appeal. The Code Enforcement Office shall maintain, or cause to be maintained, a file of all administrative rules made pursuant to this Subsection which shall be available for copy and inspection by the public. Jacksonville Municipal Code •. 8.01.010. Right of Entry- The City Engineer, Planning Director, Code Enforcement Officers, and the Fire Marshal are authorized to enter structures or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable ORDINANCE NO. 1381 (# 24 -. 2009) PAGE THREE searches and seizures. If entry is refused or not obtained, Officials/Officers may pursue such search authorizations as are provided by law. -- Jacksonville Municipal Code § R .01.01 Ins pectious. Code Enforcement Officers and the Fire Marshal shall make all of the inspections required by this Code. All i+.t,orts of such inspections shall be in writing and be signs,' by the responsible officer. Code Enforcement Officers are authorized to rely upon a responsible expert opinion as the officer deems necessary to report upon unusual technical issues/assessments that arise. Jacksonville Magician' Code $ 8411.012. Required Testing. Whenever there is insufficient evidence of compliance with the provisions of this Code, evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the Code Enforcement Office shall have the authority to require assessments/tests to be made as evidence of'compliance at no expense to the jurisdiction. Reports of such assessments/tests shall be recorded and entered in the Department tiles. Jacksonville Municipal Code !S 8.01.013. Material and Fgaipwent Reuse. Materials, equipment, and devices shall not be reused unless a Code Enforcement Officer finds that such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition, and are worthy of approval. Examples of such materials include, but are not limited to, antique brick, salvaged wood for flooring, masonry pieces, etc. Jackso vIUe a i i • al Code 8.0 . 14. V elation 1 eclared to be S riot l.it+bility, Misdemeanors. It shall be unlawful for a person, brat, or corporation to be in conflict with or in violation of any of the provisions of this Code. Any person who is convicted of a violation of this Code shall he guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. Jacksonville Municipal Code fi 8,01,015. Fines. Costs. and Penalties. Except as otherwise provided, a person(s), firm, or corporation convicted of violating any provision of this Code shall he punished by a fine of no leas than Twenty -five Dollars ($25.00) and not to exceed Five Hundred Dollars $500.00, or up to double said stuns for each repetition thereof. lithe violation is continuous in nature, for each day that the violation is unlawfully continued, the District Court Judge or other authorized member of the Bench shall determine the actual fine to be imposed, recognizing that for each day a violation exist, a fine should be imposed. Additionally, all subsequent abatements will be assessed a penalty of Twenty -five Dollars ($25.00) per Abatement. (Example: A Second (2 Abatement results in an additional penalty of Twenty-five Dollars ($25.00), a Third (3 Abatement results in an additional penalty of Fifty Dollars ($50.00), and so on so as to discourage repeated offenses. Jacksonville Muznieipal Code • 8.01.016. Citations. Code Entorcement Officers and the Fire Marshal arc hereby authorized to issue citations to any person, finn, or corporation in conflict with or in violation of any of the provisions of this Code. Issuances of citations must comply with the Arkansas Rules of Criminal Procedures, and the Jacksonville District Cout shall have exclusive jurisdiction over citations issued ptwsuant to this Code. Jacksonville Municipal Code a 8.01.017. Appeals. Any person, after being tou nd guilty of a violation. after entering a plea of guilty of a violation, or entering a plea of nol© contendere to a violation shall have those appeal rights granted under the Laws of the State of Arkansas, the Arkansas Rules of Criminal Procedure, and the U.S. Constitution. Appeals of convictions of a violation will be filed with the Pulaski County Circuit Court. Jacksonville Municipal Code $ 01 018 Board of Adjustment and Appeals. The authority of the Jacksonville Board of Adjustment is specifically restricted to administrative matters as defined by applicable Arkansas statute and Code provisions. The Board of Adjustment is not authorized to adjudicate citations or the appeal of citations issued by Code Enforcemnent Officers or the Fire Marshal. See also JMC S 18.88 for additional provisions. ORDINANCE NO. 1381 (14 24 — 2009) PAGE FOUR Jacksonville Municipal Code 8.01. 019. Licensitag Revocation Authority. The purpose of this Section is to provide a procedure for the revocation of various certificates, licenses, and permits issued by the City of Jacksonville to prevent: the use of structures described herein. The certificates, Licenses, and permits subject to revocation under this Code are those relating to the particular or general use of property including, without limitation and for the purpose of illustration only: certificates of occupancy; zoning variances; certification of appropriateness; business licenses; sign permits; building permits; electrical, HVACs, and plumbing inspection approvals; conditional use permits; special use permits; solicitor's permits; farmer's market merchant permits; and, similar or applicable certificates, license, and permits. d Municipal Curi 6 8 Ol 020 Ad mi trutive Revocadon. The City Engineer, the Planning Director, Code Enforcement Officers, and/or the Fire Marshal shall have the authority to initiate administrative revocation of any such certificate, license, or permit if there is a reasonable belief that the use of the property or structure: (A) Poses a danger to the health and welfare of the public; ( Threatens property or safety of any citizen; (C) Violates the terms and or scope of the certificate, license, or penult; or, (D) Lacks compliance with applicable State or Federal licensing laws and requirements. The non- emcrgency administrative revocation of a certificate, license, or pennit shall follow the procedures of notice and determination provided herein. JaciS.souville Municipal Codes f Ol 021 Tempnrary Erne (,lyders. The Code Enforcement Office shall have the authority to issue a Temporary Emergency Order in conjunction with a Notice of an Administrative Revocation as described in Subsection 8At.020. The Temporary Emergency Order shall have the effect of prohibiting all activity that may be harmful to the public or any person and suspending any certificate, license, or permit authorizing the sane. The Code Entbrcemcnt ()dice may issue a Temporary Emergency Order when there is a reasonable belief that the use of the property or structure: (A) Poses an imminent danger to the health, safety or welfare of the public; or, (E;) 'Threatens the life or poses an imminent danger of serious injury to any citizen. Jacksonville Munitip Codes 8.01.022. Service of Ten}poraty Iamcreeucv Orders. Service of Temporary Emergency Orders may be made by any Code Enforcement Officer upon the owner(s), manager(s), occupant(s), or interested party(ies) of a structure that is subject to the provisions of this Code. 11' no one is located at the structure, the Temporary Emergency Order shall be affixed to the structure and written notice shall proceed according to Subsection 8.01.025. All notices for this Subsection shall clearly state "Temporary Emergency Order" and conform to the requirements of Subsection 8.01.025. Jacksonville Municipal Code 3 8 01 023 Special Uses Cuudittyual Uses and Other ^-- Authorizations Issued by City Connell. The City Council of the City of Jacksonville may revoke a special use, conditional use, or any other authorization to use property or conduct business that: violates the terns of the use as approved; threatens the property or safety of any - -- citizen; which is detrimental to the health, safety, or welfare of the public; or, which constitutes a nuisance to the public under the teens and conditions as outlined ander this Code. Such a revocation may be addressed and performed at any regular or special meeting of the City Council, Such a revocation shall be initially based upon the report of a Code Enforcement Officer, a complaint of a citizen, or upon the initiative or complaint of the City Council and/or its members. i cksanville Municipal Code b 8 01,024 R ese rved ORDINANCE NO. 1381 (# 24 - 2009) PAGE EWE Jacksonville Municipal Code IS 8.01.02.5. Notice of Violations. Notice of Violations shall be written on standardized or letter form approved for ose by the Code Enforcement Office that �-- shall include the following lnfonnation: (A) The name of the owner, if known; (13) An address or description of the real estate sufficient for identification; - -- (C) A description of the violation or violations; (1)) Rights of Appeal under this Code; (b) A statement that citations may be issued and fines assessed in addition to any administrative remedy imposed by the City; (F) Include a statement that the City has a right to cause repairs or demolition to be made to bring the property into Code compliance and that the costs may be assessed against the owner, occupant, and against the property of said owner and/or occupant; and. (C) Any information required by ACA S 14-54 -903. if applicable. Jacksonville Municipal Code S 8.01.026. Mithod of Service. Administrative notices (such as a Notice of Violation) may be issued by any person authorized under ACA § 14- 54_903 by posting on the subject property and: (A) 13y personal service; (I3) 13y postage prepaid first class mail; (C) Fly certified mail, return receipt requested; or, (0) When the identity or whereabouts of a person is unknown. by weekly publication in a newspaper having general circulation throughout the City for two (2) consecutive weeks. Jacksonville Municipal Code S 8.01.027, Notice by Mail. Notice by mail shall he seat to the owner's address of record with the applicable County Assessor's Office. When sent to the proper address with proper postage, notice by mail shall be deemed properly served without regard as to whether the owner or occupant accepted the maii or the mail was otherwise returned. Jacksonville Municipal Code S 8.01.028. Transfer of Ownership. After receiving a Notice of Violation, it shall be unlawful for the owner and/or occupant of any property or structure to sell, transfer, mortgage, lease, or otherwise alienate or dispose of the sauce until: (A) The property or structure has been caused to conform with this Code; or, 03) The owner or occupant shall provide the other party a true copy of any notice of violation issued by the Code Enforcement Office and shall furnish to the (.:ode Enforcement Officer a signed and notarized statement from the other party accepting responsibility for the property or structure. J.teeatien: The Notice of Violation requirements of this Section shall not apply to the issuances of citations. Issuance of citations must comply with the procedures described in this Code. Jacksonville Municipal Code S 8.01.029. Reserved, Jacksonville Muuicinal Code § 8 01 030 ('ondernnatiwn Authority. In addition to other penalties provided herein but not in lieu thereof, the City Council may condemn structures through the passage of an Ordinance or Resolution after a public hearing is conducted that shall include: - (A) An address and legal description of the structure(s); (13) The owner(s) and Interested Party(ies) of the structure(s); and, (C) Findings that the structures are unfit for human occupancy or are otherwise detrimental to the life, property, or safety of the public. Jacksonville Municipal Code • 8.0 .031 Keening C'ondeatned S uetures Prohibited. it shall be unlawful for any person, entity, or corporation to own, keep, or maintain any structure within the corporate limits of the City which is condemned by Ordinance or Resolution of the City Council. ORDINANCE NO. 1381 (0 24 — 2009) PAGE SIX Jacksonville Muniipal Code ,g 8.01.032. Notices. The Code Enforcement Office shall publish, mail, or deliver all notices required thr condemnation of structure(s). Jacksonville Municipal Code 4 8.01.033. Prior Notice of Proposed Condemnation. The Owner and/or Occupant of the property(ies) upon which the structure(s) exist will be provided notice of any proposed condemnation action no Less than Ten (10) calendar days prior to consideration by City Council at a regular or special called meeting. If appropriate and `- " identifiable on public record, any lien holders of said property(ies) will also be provided notice of any proposed condemnation action no less than Ten (10) calendar days prior to consideration by City Council. Notice will he provided by the method described in Subsection 8.01.026. Jacksonville Municipal Code 08.01.034. Notice of Condemnation. After a structure has been condensed by Ordinance or Resolution as provided in this Code, a certified copy of such Ordinance or Resolution will be mailed to the owners thereof, by the method described in Subsection 8.01.026 and, if appropriate, may be recorded in the property records of the Pulaski County Circuit Clerk. Jacksonville Municipal Code S 8.01.035. Notice of Certification of Costs. After a condemned structure has been removed at City expense, the Owner, Occupant, and/or Interested Party(ies.) will be provided no less than Ten (10) calendar days notice of any action to certify costs by the City Council. All notices as described in this Subsection will be provided by the method described in Subsection 8.01.026. Jacksonville Municipal Code b 8.0 03 Destruction and Removal. Condemned structures shall be destroyed and removed from the premises. Real property shall be left in such a condition that can be easily maintained with use of consumer grade lawn maintenance equipment, no non - qualified structure(s) shall remain, and the property shall be properly graded to prevent and prohibit water /drainage issues. Jacksonville Mu nicipal Code 6 8.01 037 Destruction and Removal b Owner /Occupantflntexested Party. The Owner(s) /Occupant(s)/Interested Party(ies) of any structure that has been conderrmed by Ordinance or Resolution of the City Commit is permitted to cause, at his or her own expense, to have the same destroyed and removed within Sixty (60) days after the City Council has provided Notice under Subsection 8.01.034. No person shall be allowed to repair or refurbish a condemned structure without issuance of a Building Permit by the Code Enforcement Office that requires all non - complying conditions and repairs to be completed within the timeframe approved by the City Council. It is the Owner and/or Occupant's responsibility to secure any extension of time to allow the repair or refurbishment of a condemned structure from the City Council. Jac 'mono le Muntclnal Code <o R 01 038 Drstntetion and Removal by City. 1f the condernned structure has not been tom down and removed, or otherwise abated, within Sixty (60) days after the notice requirements of Subsection 8.01.034 have been met, then the Code Enforcement Office shall supervise the removal of any such structure in such a manner as deemed appropriate under existing circumstances. I_f the structure has a substantial value, it or any saleable materials thereof may be sold at public sale to the highest bidder for cash using procedures provided by Arkansas law. The costs of removal will be presented to City Council for certification and collection from the Owner /Occupant/Interested Party(ies). Jacksonville Municipal Code § 8,01.042. Dimposition of Proceeds of Sale or SaLvaae of Condemned Structures_ All the proceeds of the sale or salvage of any structure, and all fines and court costs collected from these Code provisions shall be paid into the appropriate City/Corot accounts. If any such structure, or the saleable materials thereof, are or can be sold for an amount which exceeds all costs incidental to the abatement of the nuisance, including the clearing and clean up of the property by the City, the balance thereof will be retuned by the City to the Owner / Occupant(s) of such house, building, and/or structure initially constituting the nuisance. ORDINANCE NC). 1381 (# 24 — 2009) PAGE SEVEN lacksonvdlr Municipal Code 6 8.01.040. Li on Real Property • for Net Costs of Removal. If the City has any net costs in the removal of any condemned house, building, or structure, the City shall have a lien on the property as provided by ACA §§ 14-54 -903 and 14- 54-904 Jacksonville Municipal Code 6 8 Ol 041 Transfer of l?.vpersbip. After receiving a Notice of Condemnation, it shall be uulawRd for the Ovvner /oecupant/Interested Party(ies) of any structure to sell, transfer, mortgage, lease, or otherwise alienate or dispose of the same until: (A) The property or structure has been caused to conform with this Code; or, (13) The Owner /Occupant/Interested Party(ies) shall provide the other party a true copy of anv Notice of Violation issued by the Code Enforcement Office and shall firnish to the Code Enforcement Office a signed and notarized statement from the other party accepting responsibility for the non- compliant conditions of the property and/or structure. Jacksonville Municipal Cade § 8 01042 Restric+ians op Utility Services to Structures pcelared Condemned. (A) The City shall not provide or permit another to provide public or private utility services, such as water, gas or electricity, to any building or house that has been condemned by the City Cotmcil pursuant to ACA. § 14 -56 -203. (I3) This Subsection shall not preclude the temporary use of such utility services as may be deemed necessary during construction, repair, or alteration. The Code Enforcement Office shall be responsible for making the determination as to when such temporary services may or may not be necessary. Jacksonville Municipal C'odc c. f 91 04'i Reserved lacksonville Mrink* pal Code § 8.01.944, Costs and Penalties for Viola lion of Code. A penalty as provided by this Code is hereby imposed against the Owner /Occupant(s) of any structure condcnu ed by Ordinance or Resolution of the City Council Sixty (60) days after such structure has been condemned. Each day thereafter such nuisance is not abated constitutes a separate and distinct offense, provided appropriate Notice as provided in Subsection 1.73.2 has been given within Ten (10) days after such structure has been condemned. Furthermore, a Thirty Dollar ($30.00) late fee will be assessed atter Sixty (60) days from the date of invoice of nonpayment on any assessment for costs incurred by the City to remove/repair any Code violation cited under applicable portions of this Code. Ja Mu nicipal Code o 8 01 045 Court Action Authorizes If the City Council determines that a particular structure should be judicially condemned, the City Council shall direct the City Attorney to bring such action in the name of the City. If such occurs, the only notice to be given to the Owner (s) /Occupant(s)/Interested Party(ies) will be that as now provided for by law. When any such structure has been declared judicially to be a nuisance by a court o1' law, a penalty as provided by this Code is hereby imposed against the Owner (s) /()eeupant(s)/Interested Party(ies) thereof from the date such finding is made by the ruling Court. F eh day thereafter that said nuisance is not abated shall constitute a separate and distinct offense punishable by a fine and costs as authorized herein. Jacksonville Municipal Code ,a; 8.01,.046. Tentporary Safeguards. Notwithstanding other provisions of this Code, Arkansas law, or Federal law, whenever, in the opinion of the Code Enforcement Office, there is imminent danger due to an unsafe condition present upon a property or within a structure, the Code Enforcentent Office shall order the necessary work to be done, including boarding up of any openings or accesses, to render such property /structure temporarily safe. These actions) shall occur whether the legal procedure described herein has been initiated, and the Code Enforcement Office shall cause such other action to be taken as deemed necessary to meet the concerns for public safety and the emergency in question. Jacksonville Municipal Code S 8.01.047. Closing Streets. When necessary for public safety, the Code Enforcement Office shall temporarily close structures and close, or order the authority having jurisdiction to close, any relevant sidewalks, streets, and public ways and places adjacent. ORDINANCE NO. 1381 al 24.- 2009) PAGE F_ CHT to or within a close proximity to unsafe property /structures so as to prohibit the sauce from being utilized until said hazard or unsafe condition can be properly eliminated. Jackso MALI Municipal Code 8 01 048 Emergency Renal . For the purposes of this Section, the Code Enforcement Office shall employ the necessary labor and materials to perform the required work as expeditiously as possible. Costs incurred in the performance of emergency -_ work shall be paid by the City. The City shall then make demand upon the Owner /OccupanLlntere sted Party(ies) for payment of said antount(s) and, if necessary, institute appropriate action against the Owner /Occupant/fnterested Party(ies) of the property(ics) where the unsafe structure is or was located for the recovery of such costs as allowed under Arkansas law. Jacksonville Municipal Code S 8.01.049, Rgserved Jacksonville Municipal Code to 8.01.050. AdmIuigtratiive Anneal. Only Administrative determinations may be appealed to the Jacksonville Board of Adjustment:. The following actions are not subject to administrative appeal and shall be appealed in the manner provided by law for those particular actions: (A) Citations shall be heard in the Jacksonville District Court; and, (B) Condemnations shall be addressed or heard by the Jacksonville City Council or in a Court of proper jurisdiction. Jacksonville Muu ;e ;pal Code c 8 01 051 Timely •uhmiss o f Anneal. Hitless otherwise provided in this Code, any person affected by a "Notice of Violation" or other administrative determination under this Code may appeal administratively the determination by submitting a written application to the Code Enforcement Office and the City Clerk's Office within Five (5) days, excluding weekends and holidays, after notice of the dctermituttion has been made. Jacksonville Munlcipal Code 5 8.01.152 Contents of Anneal. A Request for an Administrative Appeal must be made upon forms approved by the Jacksonville Board of Adjustment or in any written form that contains the following information: (A) The date the appeal is submitted; (13) The name, address, and telephone number of the Appellant; (C) The address and location of the affected property; (D) A description of any administrative decision being appealed; and, (E) A statement summarizing the reason(s) why Appellant desires that the administrative decision be overturned or reviewed. .Jacksonville Municipal Code ti 8.01.053. Notice of Hearing The Jacksonville Board of Adjustment sltull consider the appeal at the next regularly scheduled meeting or available date. Appellant shall be provided Notice of the hearing by first class [nail sent to the address shown on the Request for Administrative Appeal no less than Five (5) days, excluding weekends and holidays, prior to the scheduled Hearing. Jacksonville Municipal Code $ $.01.054. Actions Pending, Appeal. No Code Enforcement Officer may take action based upon an administrative decision while that decision is being appealed except those listed below: (A) Citations issued under this Code; (13) Condemnations under this Code and State law; or, (C) Temporary Emergency Orders issued under this Code. ,Jacksonville Municipal Code y^ 8.01.05$. Conduct of Hearing. Hearings shall be conducted in an open forum according to such procedural rules as may be adopted or utilized by the Jacksonville Board of Adjustnent. No administrative decision of the Code Enforcement Office may he overturned unless a determination is made that: (A) The true intent of this Code or the rules legally adopted there under has been inccurectly interpreted; ORDIN, ANCE NO 1381 (# 24 — 2009) PAGE NINE. (13) The provisions of this Code do not fully apply; or, (C) The requirements of this Code arc adequately satisfied by other means. Jacksonville Municipal C ode S 8 056 Orders. Upon the conclusion of an appeal, the --^ Jacksonville Board of Adjustment shall timely issue orders to guide the actions of the Code Enforcement Department regarding the appeal. Jacksonville Municipal Code S 8,4)1.057. — 8,01,1159. Reserved. Jacksonville Municipal Code &8,01,060. Definitions. Unless otherwise expressly stated, the following terms shall, for the purposes of this Code, have the mornings shown herein. Where terms are not defined through the methods authorized herein, suck terms shall have ordinarily accepted meanings such as the context implies. Whenever the words "dwelling unit," "dwelling," "premises," "building," "morning house," "rooming unit," "housekeeping unit," or "story" are stated in this Code, they shall be construed as though they were followed by the words "or any part thereof." AILANDONED .MOTOR VEHICLE. Any motor vehicle which is left on public or private property, as defined in this Section, for a period of more than Seventy -two (72) hours, regardless of whether wrecked or inoperable. Exception: Vehicles at a residence(s) or in a storage facility(ies). APPROVED. Consented or agreed to in writing by the Code Enforcement Office. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A. roost containing operational plumbing fixtures, such as but not limited to, a sink, toilet, bathtub, and shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes. BLIGHT. A deteriorating influence or condition affecting use, development, and value of the real property in question so as to cause decay or ruin. .BOAT. Any vessel initially designed for the carrying of passengers or cargo upon the water, whether currently seaworthy or not, and regardless of size or design, including, without limitation, barges, motorboats whether inboard or outboard, canoes, rowboats, rafts and sailboats. CARPORT. A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. CODE ENFORCEMENT OFFICER. Any City employee who has been duly sworn and authorized to uphold the ordinances of the City and laws of the State of Arkansas and/or U.S. government related to property uses, maintenance, nuisances, inspections, issuances of building permits, certifications and licensing, etc. within the municipal boundaries of the City. All duly sworn law enferccnient officers of the Jacksonville Police Department are authorized to exercise authority as Code Enforcement Officers as well. CONDEMN. T' o adjudge unfit for human occupancy. DWELLING ITNIT. Any room or group of rooms located within a structure forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, eating, and sanitation by a household or fancily. DCXS7' FREE SURFACE.. Surface constructed of concrete or asphalt. ORDINANCE NO. 138.1 Of 24 — 2009) PAGE TEN EASEMENT That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use strider, on, or above said lot(s) or property. EXTERIOR PROPERTY. The open space on the premises, on adjoining property, and on rights of way under the control of Owner /Occupant/Interested party(ies) of such premises. EXTERMINATION. The control and elimination of insects, rats, or other pests by eliminating harborage places, by removing or making inaccessible materials that serve as their food, by poison spray, fumigation, and trapping, or by any other approved pest elimination methods. 17RE MARSHAL. The designated officer of the Jacksonville Fire Department trained and authorized to enforce, inspect, and uphold the Ordinances of the City and laws of the State of Arkansas and /or U.S. government regarding property uses, maintenance, inspections, and certifications and licensing of those properties, buildings, and structures within the city limits of the City in relation to fire safety, hazards, prevention, and conditions. GA' The animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of fond, drink, and distribution of such. GRAPE Any inscription, word, figure, or design that is marked, etched, scnaclted, drawn, painted, pasted or otherwise affbced to or on any structural component of any building, structure, or other permanent facility regardless of the nature of the material of that structural component, or the nature of the inscription, to the extent that the same was not authorized in advance by the owner, or otherwise deemed to be a public nuisance. GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walk-frig suntan to a lower level. IIA11ITA.LESPACE. Space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets. halls, storage or utility spares, and similar areas are not considered habitable spaces. HISTORIC. Any existing buildings or structures designated by the City of Jacksonville, the Stare of Arkansas, or the "United States government to be historic or located within a Jacksonville historic district. HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking, and eating which does not contain, within such a unit, a toilet, lavatory, bathtub, and/or shower. IMMINENT DANGER. A condition which could cause serious or lite- threatening injury or death at any time. �._ INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERARLEMOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reason(s) including, but not limited to, being unlicensed, uninsured, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. INTERESTED PAR7'Y(IES). One who has an interest, claim, or protected share in an affected property(ies) other than legal ownership and whose interest may be atftected by action taken by the City through enforcement of Code provisions and/or condemnation proceedings. ORDINANCE NO. 1381 (1124 — 2009) PAGE ELEVEN LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol, or other identifying mark of a nationally recognized testing laboratory, inspection agency, or other organization concerned with product evahwtion that maintains periodic inspection of the production of the above- labeled items and by whose label the mannforturer attests to compliance with applicable nationally recognized standards. LANDLORD. An individual, business, corporation, or person who owns real estate commonly referred to as rental property and who leases such to another commonly referred to as a tenant. LET FOR OCCUPANCY OR LET. To permit, provide, or offer possession or occupancy of a dwelling. dwelling unit, rooming unit, building, premise, or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement for the sale of land. LITTER. Misplaced or mishandled garbage, waste, or trash not disposed of in an appropriate manner or container. MOTOR VEHICLE. A machine of conveyance which is self - propelled and designed to travel along the ground, including but not limited to, automobiles, buses, electric scooters, mopeds, motorized bicycles, motorcycles, trucks, tractors, go -carts, golf carts, campers, motor hones, and motorized trailers. NUISANCE_ This term is defined in JMC i 8.03.003 of this Cocle. OCCUPANCY. 'lie purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building or structure or having possession of a spar within a building or structure. OPENARLE.4REA. . That part of a window, skylight, or door which is available for urobstructecl ventilation and which opens directly to the outdoors_ OPEN STORAGE: Open storage shall include, but not be limited to, placing an item any place on premises which does not have a roof and walls, with or without doors, completely around the space where the item is placed where such walls are solid construction for the area so as not to be considered open storage. OPERATOR. Any person who has charge, care, or control of a structure or premises which is let or offered for occupancy. OW1VER. Any person, agent, operator, fun, or corporation having a legal or equitable interest in the real property as recorded in the official records of Ptdaski County as holding legal title to the property or otherwise having control of the property. This shall include a guardian of the estate of any such person, the executor or administrator of the estate of such person, and/or other designated official if ordered to take possession of real property by a court of competent. ,jurisdiction. PERSON. An individual, corporation, partnership, or any other group acting as a unit. PREMISES. A lot, plot, or parcel of land, including any easement or public way, together with any improvements and/or structures placed thereon. PRIVATEPROPERTYI Any real property within the City which is privately owned and which is not defined as public property in this Section. ORDINANCE NO. 1381 (# 24 -- 2009) P4 GE TWELVE PUBLIC NUISANCE - Includes any one or more of the following: 1. Any physical condition or use of any premises regarded as a public nuisance in common law; 2. Any physical condition or use of any premises which injures or endangers the comfort, repose, hca]th, or safety of others; 3. Any physical condition or use of a premise which offends dero-ney 4. Any physical condition or use of any premises which unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch, and/or drainage; 5. Any physical condition or use of any premises which essentially interferes with the comfortable enjoyment of life and property or negatively impacts the aesthetics of the c onunautity; 6. Any physical condition or use of any premises or its appurtenances considered an attractive nuisance for children including, but not Limited to: abandoned wells or shafts; abandoned basements; excavation area(s); unsafe fence(s); unsafe structure(s); unsecure and/or unsafe pools; etc. 7. Any physical condition or use of any premises which has inoperable or unsanitary sewerage or plumbing facilities; 8. Any physical condition or use of any premises designated as unsafe for human habitation or use; 9. Any physical condition or use of premises which is manifestly capable of being a fire hazard or are manifestly unsafe or insecure to the point of endangering life, limb, or property; 10. Any physical condition or use of any premises which is unsightly. unsanitary, or which is littered with rubbish, car parts, old appliances, building materials, paper, clouting, or garbage, or which has an uncontrolled growth of weeds, grass, shrubs, trees, or underbrush; 11. Any physical condition or use of any premises where the structure or building is in a state of dilapidation, deterioration, or decay, constructed in a faulty or less than workmanship manner, Ls overcrowded in accordance with the teens of Table 8.08.02, remains unsecured for over thirty (30) days, remains vacant for a period in excess of six (6) ,months, is abandoned, is damaged by fire or other calamity to the extent that it no longer is fit to provide shelter, is in danger of collapse or failure, serves as a danger to anyone on or near the premises, is maintained or kept in an unsanitary condition so as to constitute a menace to the health of those residing in the vicinity thereof, or constitutes a fire hazard or other such danger to the vicinity in which it is located. 12. Any physical condition or use of any premise where the property is blighted or in such a stale of disrepair as to cause an unsafe, unsanitary, or unsightly condition(s). PUBLIC PROPERTY. Any real property in the City which is owned by a governmental body and includes buildings, parking lots, parks, streets, sidewalks, rights-of-way, easenierxts and other similar property. PUBLIC WAY. Any street, alley, or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use. REMOVAL. The act of clearing all material and debris whenever it becomes necessary to demolish any building that has been condemned and found to be a nuisance by Ordinance or Resolution of the City Council or eliminate/remove any condition which violates the previsions of applicable property maintenance requirements. RESIDENCE. A structure serving as a dwelling or home. For the purposes of this Code, the term residence includes dwelling units and rooming houses. ORDINANCE NO. 1381 (0 24 -- 2009) PAGE TIHIRTE'EN ROOMING HOUSE. A building arranged or occupied tin lodging, with or without meals, for compensation. Bed-wad-breakfasts, boarding houses, half-way houses, and hotels, as those terms are defined under provisions of the Jacksonville Municipal Code, are included within the definition of a Rooming Morose. ROOMING UNIT. Any morn or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RURDISII. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the bunting of woad, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin eons, metals, mineral matter, glass, crockery and dust and other similar materials. See also Trash. STRUCTURE. That which is built or constructed or a portion thereof as an improvement to the real estate upon which it is situated. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. TRAILER. Any freewheeling object designed or intended to be pulled or towed behind a motor vehicle, regardless of whether wrecked or inoperable, and regardless of whether currently inspected and /or registered, including without limitation the following: Boat trailers; camper Millen:, cargo trailers, special trailers for items such as golf carts or motorcycles, utility trailers, and farm implements. TRAWL Combustible and noncombustible waste materials, except garbage. The tern shall include but is not limited to: residue from the burning of wood, coal, coke, and other combustible materials; paper products; rags; cartons; boxes; wood; rubber; leather; tree branches; yard trimmings; tin cans or other such metals; mineral matter glass products; plastic products; cigarette butts, crockery; and, dust and other such similar materials. See also Rubbish. UNCUT WEEDS AND GRASS. See 'MC 8.01.078 for definition. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or reproving such air from, any space. WORKMANLIKE MANNER. Improvements executed in a skilled manner; e.g., generally phunb, level, square, in line, undamaged and without marring adjacent work. WRECKED MOTOR VEIIICLE. Any motor vehicle which does not have lawfully affixed thereto an unexpired license plate and the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power on a public street, or from which the wheels, engine, transmission or any substantial part thereof has been removed. YARD. An open space on the same lot with a structure. Jacksonville Municipal Code 6 8.01.062. through 8.01.069, Reserved. Jacksonville Mrnicipal Code $ 8.011.070. General Requirements. The provisions of the following Sections shall govern the minimum conditions and the responsibilities for maintenance of structures, equipment, improvements, and real property within the City of Jacksonville. Jaekso�gville Munkjp�l (=odg6 R 01 0'71 Respons,{bility. The Owners) /Occupant(s) / Interested Party(ies) of the premises shall maintain the improvements, structures, and real property in compliance with these requirements, except as otherwise provided for in this Code. A ORDINANCE_' NO. 1381 (8 24 — 2009) PAGE FOURTEEN person shall not occupy as owner - occupant or permit another person to occupy premises or structures which are not in a sanitary and ,cafe condition and which do not comply with the requirements of this Chapter. Occupants of a dwelling unit, rooming unit, or housekeeping unit are responsible for keeping such in a clean, sanitary, and safe condition that part of the dwelling �-- unit, rooming unit, housekeeping unit, or premises which they occupy and control. Jacksonville Municipal Code S BJ1.072._Vacant Structures and Land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, sale, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Jacksonville Municipal Code § 8.01.073. Real Property All Oecupant(s), Owner(s), and/or 1oteresttxi Party(ies) of real property within the City of Jacksonville shall maintain the premises, building(s), structure(s,) and real property in compliance with the requirements of this Code. A person shall not occupy as owner - occupant or permit another person to occupy or use any premises, which have a public nuisance or non - complying condition(s) upon the property. Jacksonville Municipal Code § 8 01 074 Building(s) Struaturets) and Raa Y r ope ri v All building(s), structure(s), and real property, whether vacant or inhabited, shall be maintained in a clean, safe, sanitary, secure, and compliant condition(s) as required by City, State, and Federal law so as not to allow u public nuisance, non - complying condition, cause a blight upon the community, and/or adversely affect public health or safety. Tacltsonvi�c M uCiicipttl Code § $ 01 075 $anitatiou, All real property and premises stall be maintained in a clean, safe, and sanitary condition. The Owner(s) /Occupant(s)/tnterested Party(ies) shall keep that part of the exterior property in a clean and sanitary condition. All building(s), structure(s), and real property, including adjacent alley(s), rights -of -way, and/or streets, shall be maintained in a clean, sate, sanitary and compliant condition free of acctmndation of garbage, junk, refuse, rubbish, or abandoned materials, metals, lumber, inoperable motor vebiele(s), or other such item(s). The pollution of any well, cistern, stream, lake, canal, or body of water by refuse, sewage, dead animals, waste, or other such substances shall not be permitted. ,Y �cksonville Municipal Code § M 0l 07fi C rnd i ng a n d Drain All real property shall be graded and maintained to prevent the erosion of soil, to prevent the accumulati of stagnant water thereon, or to prevent such accumulation within any structure located thereon. See JMC tiS 8.52 and 15.04 et. seq. for additional applicable provisions. Exception: Approved retention areas and reservoirs. lacksonvile Municipal Code § 8.01,07 Sidewalks and Urivcways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. All sidewalks, walkways, driveways, parking spaces, and similar areas shall be maintained free from garbage, junk, refuse, rubbish, abandoned materials, inoperable motor vehicle(s), and/or any obstruction blocking sale passageway of pedestrian traffic. Jacksonville Municipal Code § $ .01,078. Grass or Weeds. All real property, including adjacent rights-of-way, shall be maintained free from noxious grass, weeds, plant growth, undergrowth, and/or vegetation. [See Table 8.08.02 for specifics]. For purposes of this Code, ` - - Weeds shall be defined as all grasses, annual plants, and vegetation other than shrubs or trees, which shall not exceed Eight inches (8 ") in height in all residential districts, exceeds Eight inches ($ ") in height on lots in all conunercial zone districts and industrial zone districts on which a structure is located, or exceeds Twenty-four inches (24 ") in height on lots in all conunercial zone districts and industrial zone districts upon which a structure is not located, except that the restrictions noted above will not apply to areas specifically designated or recognized by the City, the State, or the United States as agricultural, wetlands, open spaces, natural or wild flower areas, or other designated) preservation areas. However, this tetrrt shall not include cultivated flowers, gardens, and/or landscaped are -as. ORDINANCZ NO. 1381 of 24 - 2009) PAGE: FIFTEEN Exception: Undeveloped land that has been continuously maintained in a natural vegetative state. Jacksonville Municinal Code &13.01.079. Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. Amer extermination, proper precautions shall he taken to eliminate rodent harborage and prevent -- reinfcstation. All building(s), structure(s), and real property shall be kept free from vermin infestation and any condition which could or does provide harborage for mice, rats, snakes, or other such vermin. Where vermin are found, the Occupant(s), Owner(s), and/or Interested I'arty(ies) shall promptly exterminate such vermin utilizing approved process(es) not injurious to human health and safety. After extermination, proper precautions shall be taken to prevent re- infestation of said property. Jacksonville Municiput rode S $ OI 080 73edroom Reuuirements. Every bedroom shall comply with the requirements below: a) Area(s).for Sleeping Purposes. Every bedroom occupied by a tninimutn of One (I) person shall contain at least Seventy Square Feet (70 SF) of floor area and every bedroom occupied by more than One (1) person shall contain at least Thirty-five Square Feet 05 SE) of floor area for each Occupant thereof. b) Access from Bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of ingress/egress from other habitable spaces. Erceprlon: Unit(s) that contain fewer than Two (2) bedrooms. c) Water Closet Accessibility. Every bedroom shall have interior access to at least one water closet and one lavatory without passing through another bedroom. Additionally, every bedroom in a. dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. dl Prohibited Occupancy. Kitchens and non - habitable spaces shall not be used for sleeping purposes. e) Other Renuirements. Bedrooms shall comply with the applicable provisions of this Code including, but not limited to the light, ventilation, room area, ceiling height, and room width requirements, the plumbing facilities and water- heating facilities requirements, the heating facilities and electrical receptacle requirements, and the smoke detector and emergency escape requirements. f) Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of the following Table (shown below). g) Sleening Area. The minimum occupancy area required by the Table below shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with the rexluirements of this Subsection. h) Combined Spaces. Combined living morn and dining room spaces shall comply with the requirements of the Table below if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. TABLE 8.01.080 MINIMUM AREA REQUIREMENTS MINIMUM AREA IN SQUARE FEET SPACE 1 -2 3-5 6 or more occupants occupants occupants - - - -- Living room a, b No I20 150 requirements Dining room a, b No g0 100 requirements Bedrooms Shall comply with Section. For SI: 1 Square Foot a. See Subsection h) for combined living room /dining room spaces. b. See Subsection g) for limitations on determining the minimum occupancy area for sleeping purposes. OK» 4NCE NO. 1387 (1124 – 2009) PAGE SLVTEEN SECTJ"ON TWO: Jacksonville Municipal Code shall be amended, changed, and modified to include the following provisions: Jacksonville Municival Code q K 0'i 00J Vgisances and Non Coughing Conditions — Intent It is the intent of this Code to prevent and abate nuisances and non - complying conditions within the municipal boundaries of the City of Jacksonville. For the purposes of this Code, the words "nuisance" or "non - complying condition(s)" are defined as any act, omission, or property condition that is detrimental to the health, safety, and welfare of the public in that it: (A) Injures or endangers the comfort, repose, health or safety of others; (13) Offends decency; (C) Is offensive to the senses; (D) LInlawtblly interferes with, obstructs or tends to obstruct, or renders dangerous for passage any public or private, street, highway, sidewalk, stream, ditch, or drainage; (b) In any way renders other persons insecure in life or the use of property; or, (F) )essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others. Jacksonville R7unieloal Code 6 8.03.002. Nuisances and Non- Cowplyizg Conditions ... Prohibited. Tt shall he unlawful for any person or entity to cause, permit, maintain, or allow the creation or maintenance of a nuisance within the City of Jacksonville. Jacksonville Munieipal Code , 8 03 003 Nuisapt.es agd Non- Complviug C;'ondition�s Illustrative Enumeration of a Nuisance or Non- Compivins Condition. The maintaining, using, placing, depositing, leaving, or permitting to be and/or remain on any public or private property of any of the following items, conditions, or actions is hereby declared to be and shall constitute a nuisance. However, these enutnerations shall not be deemed or construed to be conclusive, limiting, or restrictive: (A) Noxious weeds and other rank vegetation; (Ii) Accumulations or storage of rubbish, garbage, materials, metals, Itunber, and other such materials; (C) Any condition which provides harborage for rats, mice, snakes, and other vermin; (1)) Dilapidated structures; (E) All unnecessary or unauthorized noises and annoying vibrations, including animal noises; (F) AU disagreeable or obnoxious odors and stenches, as well as the conditions, substances, or other causes which give rise to the emission or generation of such odors and stenches; (0) Carcasses of animals or fowl not disposed of within a reasonable tithe after death; (11) Pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, creamery, industrial wastes, or other substances; (1) Creating blight on the community; (J) Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed, or maintained; (K) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground; (L) Dense smoke, noxious Nunes, gas, soot, odors, or cinders in unreasonable quantities, or burning materials other than vegetation originating from the property; (M) Graffiti; (N) Inoperable or abandoned motor vehicles; -__ (0) Unsafe equipment, including but not limited to, any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, water heater(s), and other such equipment on the premises or within the structure which is in such disrepair or condition that it constitutes a hazard to life, health, property, or safety of the public or Owner /Occupant(s) of the premises or structure; (P) The use of tarpaulins, canvas, plastic, oil cloth, sheeting, and other similar materials as fencing or to shield or enclose any structure (including without limitation openings for windows, doors, walls, roofs, garage doors or carports) except when temporarily necessary to perform repairs; or, ORDINANCE NO. 1381 (8 24 2009) PAGE SEVENTEEN (Q) Permanent or temporary basketball goals (except those approved by the City) on any private drive, public street, or on any private or public right -of -way adjacent to a public street. See also JMC ei 13 24.100 for additional provisions. Jacksonville Municipal Code 4 8,03.004. Nuisances and Non - Complying Conditions 2: Other Remedies Unaffected, The remedies found in this Code are not intended to displace any other remedies of law or equity found in the common or statutory law of Arkansas that may be available to the City of Jacksonville, a citizeu of the City of Jacksonville, or any public or private entity to abate or prevent a nuisance. Jueksogyife Municipal Code S 8 03 005 Nuisances and Non C'omnly ine C Citatioag. Code Enforcement Officers are authorized to issue citations or notices of violation to any individual, business, entity, and/or person in violation of any Section of this Code_ Jacksonville Municipal Code ,03 (W(i Nul aces and Non Cnmp fag Condil�lons — Abatement. In addition to the authority found itt this Section, Code Enforcement Officers are authorized to take such action as may be reasonably necessary to abate nuisances within the City of Jacksonville. For the specific nuisances that are defined below, Code Enforcement Officers may use the associated method of abatement which is dex:med to be both a reasonable and necessary response by the City to abate the nuisance(s). Jacksonville Municipal Code S 8.03.007, through 8.03.009. Reserved,, Jacksonville Municipal Code ac. 8.03.010. Nuisances and Non -C r�mplving Conditions — Uncut Weeds. Grass, and Unsanitary Articles and Conditions. All Owner(s) /Occupant(s) within the city limits of the City of Jacksonville are required to cut weeds, grass, and other forms of vegetation and are to remove all garbage, rubbish, mid other unsanitary articles and items from their property(ics) and to eliminate, fill up, or remove stagnant pools of water or any other u ncenitaty thing, place or condition which Wright become a breading place for mosquitoes, flies, and germs harmful to the health and general welfare of the community. For specific requirements related to the required maintenance of grass and weeds, refer to the Table in AMC 8.08.01. Jacksonville Municipal Code 6 8 03 Ot 1 Nuisances and Non - Complying Conditions — Authorized Abatement. If the Owners) /Occupant(s) of any lot or other real property within the City shall neglect or refuse to remove, abate, or eliminate any condition as may be provided for under Subsection 8.3.1, after having boon given a written Notice of Violation and up to Seven (7) days' notice to do so by the Code Enforcement Office, the City is hereby authorized to take such action(s) as are necessary to correct the condition(s), including but not lbuited to, entering upon the property and having such weeds, rank grass, or other vegetation cut and removed, eliminating any unsanitary and unsightly condition(s), and/or causing any and all necessary repairs to be made and charging the costs thereof to the Owner(s)/Occupant(s) of such premises, which shall constitute a lien thereon. The abovernentioned Seven (7) days' notice shall be calculated by counting the first day of the Seven (7) clay period as the day after written notice is given to the Owner(s) /Occupant(s), by counting every calendar day, including weekends and holidays, and by establishing the deadline to take the above required actions as 11:59 p.m. on the Seventh (7 day. The City reserves the right to secure a lien for its costs, including a priority clean -up lien pursuant to ACA fti 14 -54- 903. Jacksonville Municipal Code Q 8.03.012. Nuisances and Non - Complying Conditions — Special Notice Rnl es for Weed i ors. For purposes of this Section, a "weed lot" is a previously platted lot or umplatted property that is vacant or upon which an u'nsafc and vacant structure is located and that contains debris, rubbish, or grass contrary to this Code. Due to the continual growth cycle of vegetation no weed lots, continuous abatement is often necessary. As a result, the Seven (7) day Notice of Violation described above shall be issued with the following additional statement, "Work to abate this nuisance will not be complete until the end of the ORDINANCE NO. 1381 (# 24 -- 2009) PAGE EICIKTE, N growing season." No additional Notice of Violation need be given unless and until the growing season concludes and further abatement is necessary. �^- Jacksonvi Municipal Code 6 8 M3.01 Nuisanees and Non- C'pmptyiue Conditions Abandonment of Motor Vehicles - Public Proncrty. No person shall abandon or leave any motor vehicle, attended or unattended, upon any public property or public right of way (or within " - Three feet. (3') thereot) within the City. The presence of such a motor vehicle or pans thereof is thereby declared to be a public nuisance, and said nuisance shall be abated in compliance with the terms of this Ordinance or ACA § 27 -50 -1201, et. seq. Upon discovery, the vehicle will be rigged and the owner(s) and/or responsible party given Twenty- four (24) hours to remove said vehicle from the public property or right -of -way if, in the discretion of the Code Enforcement Officer(s), immediate removal of said vehicle is not required for public safety reasons. Jacksonville Municipal Code 6 8.03.014. Nuisances and Non - Computing Conditions -- Parking and Storage of Inoperable Motor Vehicles - Private Property. No person shall leave, park, store, or permit the leaving, parking, or storing of any inoperable motor vehiele(s) and/or parts) thereof upon any private property within the City. Upon discovery of such, the vehicle will be tagged and the owners) and /or responsible party(ies) given Seventy-two (72) hours in which to remove the vehicle/part from said real property. In addition, Code Enforcement Officers) are to provide a copy of the tag placed on said motor vehicle to the responsible party(ies) at the scene. If unable to deliver such in person, a copy of said tag shall be posted on the prirnary structure of the real property upon which said motor vehicle is located ANU a copy of such tag mailed by first class postage to the responsible party(ies) if not deliverable otherwise. in the event a responsible party(ies) fails to timely remove said motor vehicle, eliminate the non - , complying condition, or submit a written request for review by the Board of Adjustment (together with payment of the appropriate fee), Code Enforcement Officers) shall take all necessary steps to have the non - complying condition (Le., motor vehicle, parts, etc.) removed from said real property. Jacksonville ode § R 03 015 Nuisa a nd N Com C onditions — Rem of Abandnnad a n d Inuner ble Moto hid es In the event an abandoned and/or inoperable motor vehicle shall be required to be removed from private or public property, the Jacksonville Police Department shall obtain the most recent registration of said vehicle, determine if said vehicle is stolen, and shall then contact a towing or wrecker service following Department policy. The Police Department shall provide whatever assistance is necessary to allow the towing or wrecker service to remove said motor vehicle in order to eliminate the public nuisance or non - complying condition and shall provide the Code Enforcement Office and the applicable towing or wrecker service with information on the last registered owner of said motor vehicle in accordance with Arkansas law. Any towing or wrecker service utilized in the enforcement of this Code shall comply with all requirements of this Code and ACA § 27-50-1101, et. seq. in the removal and disposition of said motor vehicle and shall be responsible for written notification to the appropriate owners/interested parties of said vehicles. Copies of said notification forwarded to the registered owner(s) in accordance with Arkansas law shall also be provided to the Code Enforcement Office at no charge. Jacksonville Municipal Codc § 8,03.016. Nuisances and Non-Complying Conditions - Inoperable Motor Vehicles. The accumulation of inoperable motor vehicles in the City is 4--- degrading to the environment, property values, and the aesthetic beauty of the City. Thus, the only location where an inoperable motor vehicle may be parked, kept, or stored within enclosed spaces upon property that is properly zoned and permitted for that purpose. The parking, keeping, or storing of inoperable motor vehicles at any other location in the City is declared to be a nuisance and may be cited for violation and, if necessary, abated as provided below. aaeksonville Municinal Codes 8 Ili 017 Nuisances and Nan - Complying Conditions Presumption of Inoperability, A vehicle shall be deemed inoperable when One (1) or more of the following conditions exist: ORDINANCE. No. 1381 (# 24 — 2009) PAGE NINETEEN (A) One (1) or more tires are flat; (B) One (1) or more wheels are missing; (C) The hood or trunk is raised or missing and has appeared to remain so for mere than 'I'hrce (3) days; (D) Wr.+4s or grass have grown in and/or around the vehicle; (E) The engine is missing; (F) The door(s) or fender(s) are removed or missing; ((I) The front or rear windshield is broken, removed, or missing, or the side windows are broken or removed or missing; or, (H) The interior of vehicle(s) used as storage container's). .Yacksonville Municipal ('ode 3 8 03 018 Nuisances and Non- Cowplvine Condit" us — Parking and Storage of Motor Vehicle. All motor vehicles shall be parked on a designated driveway or to the immediate left or right of said driveway in a parallel fashion and within Ten feet (101 of the drive's edge. However, there shall not be motor vehicic(s) parked on both sides of the driveway simultaneously. Motor vehicic(s) may also be parked on the side of a house /structure on the same side of the property as the driveway only if such does not encroach across property lines or if said adjoining Property Owner /Occupant grants written permission for such an encroachment. I- lwever, in all circumstances, motor vehicles) are prohibited from being parked on the lawn in front of any house/structure other than as authorized herein. Jacksonville Municipal Code SS 8.03.010. Nuisances and Non - Complying Conditions Intpedimeuts to City Streets Easements ar Rights of Way The City owns property rights throughout the jurisdiction of this Code which are necessary to the efficient flow of traffic, storm water, utility service, and the like. Impediments to these property rights are declared to be a public nuisance as they reduce the public benefit of public property and can endanger the health and welfare of the citizens who use and depend upon these property rights. I :aw Enforcement Officers and/or Code Enforcement Officers shall have the authority to order the immcdi to removal of any impediment to the use of public stu.ets, sidewalks, drains, ditches, utilities, easements, en- other right -of -ways. If the apparent owner of the impediment is not known, available, or willing to remove. the impediment, a Code Enforcement Officer truly cause the sane to be removed. Any person who is aggrieved by the actions of a Code Enforcement Officer under this Subsection may appeal the same pursuant to the provisions of this Code. Jacksonville Municipal Code § 8.03.020. Nuisances and Nop- Complviug Conditions — Basketball Goals. Code Enforcement Officers and Law Enforcement Officers shall have the authority to order the immediate removal of any permanent or temporary basketball goal (unless approved by the City) that is on any public street or on any right -of -way adjacent to a public street. If the apparent owner of the basketball goal is unknown, unavailable, or unwilling to remove the basketball goal, a Code Enforcement Officer or Law Enforcement Officer may seize and remove it to a City storage site where it may be reclaimed by the owner. Any person who seeks to reclaim a basketball goal and offers proof of ownership (such as the testimony of a witness), may obtain custody of the goal after paying an administrative reclamation fee of Twenty -five Dollars ($25.00) per goal. Any person who is aggrieved by the actions taken under this Subsection may append the same pursuant to the provisions of this Code. See also 'MC 12.24.100 for additional provisions. Jacksonville Municipal Code 6 8.03.021. Nuisances and Non- Conaplving Conditions •• Shopping Carts. Code Enfbrecmcnt Officers shall have the authority to seize any shopping cart - -- that is left unattended on any public streets, sidewalk's, drains, ditches, utilities, easements, or other right -of -ways. Any cart so seized shall be removed to a City storage site where it may be reclaimed by the owner. Any person seeking to reclaim a seized shopping cart and offering proof of ownership (such as a label on the shopping curt), may obtain custody of the shopping cart alter paying an administrative reclamation fee of Twenty -five Dollars ($25.00) per cart. Any person who is aggrieved by the actions of a Code Enforcement Officer under this Subsection may appeal the same pursuant to the provisions of this Code. Jacksonville Manljgipal Codo § 8 03 022 throuelt 8 03 029 Reserved. • ORDINANCE NO J381 (0 24 - 2009) PAGE TWENTY Jacksonville Municipal Code a 8.03.030. Nuisances and Nun - Complying Conditions — Nuisance StruMUres. Any building or other structure which is in such a dilapidated condition that it is unsafe or unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health or safety of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located, shall continue a nuisance. • • • Jacksonville Municipal Code $ 8.03.031, Nuisances and Non - Complying Conditions - - -- Definitions. For purposes of this Article, the following terms are defined as follows: (A) Unsafe Shuctyres. An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the Owner(s) /Occupu nt(s) of the structure by not providing minimum safeguards to protect or warn those entering or present of such dangers in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, of such faulty construction, or has an unstable foundation so that partial or complete collapse is possible. (13) Unfit Strut Lure for Huu1a ticeunanev,. A structure is unfit for human occupancy whenever • the Code Enforcement Office finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contatnination, lacks ventilation; illumination, sanitary or heating facilities or other esv •-ntial equipment required by this Cocte, or because the location of the structure constitutes a havard to the Owner /Occupants of the structure or to the public. (C) UJnlawfutl Sintutyre. An unlawful structure is one found in whole or in part to be occupied by One (1) or more persons than Ietadtted under this Code, or was erected, altered, or occupied contrary to law. • Jacksonville Municipal Code 8 03 032 N ap ees sand Non- C'omulving Conditions — Vacafine of Unfit or Unsafe Structures apfl Utility Services, Any premises declared as unsafe /unfit for !human habitation by Code 1?ntdreement and so designated by placard shall be vacated within Seven (7) days after notice of such action has been given to the Owner /Occupant/Interested Party(ies) of the structure. On the Eighth (8th) day after said Notice, Code Enforcement shall notify all utilities to discontinue utility service(s) to the dwelling/dwelling unit. After utilities services are eliminated, no further services shall be trade available until a Building Rehabilitation Permit is obtained or until Code Enforcement notifies said Utility(ies) that services may be restored and/or provided to the dwelling/dwelling unit. • Jacksonville Municipal C'4dg 6 R 93 033 Nuisances uynd Nun C"omplvin�r Conditions - 1"lacardinr. Upon failure of the owner or person responsible to comply with the Notice of Violation for a nuisance structure or equipment within the time given, the Code official shall then post on the premises or on defective equipment a placard bearing the word '•NUISANCE^ and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Jacksonvwe Municipal Code 9 8 03 034 Nuisances and Non C'ownlvina Coud ns — Placard Removal. A Code Enforcement Officer shall remove the placard referred to in this Subsection whenever the defect(s) upon which the placarding actions were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Enforcement Office shall be subject to applicable penalties and/or criminal prosecution as provided by this Code and State law. seksogsilk Municipal Cade S 8 03 035 Nuisances and Non C'omph ing C'oudititat -- Prohibited Occupancy. Any person who shall occupy placarded premises and any Owner /Occupant/Interested Party(ies) or responsible person of placarded premises who allows another to occupy such placarded premises shall be subject to the penalties provided by this Code. Jacksonville Mti>tiieinal Code 6 8 03036 N'ulsanees and Nund"omplvigg Cb ndition s — Property Deemed Abandoned. Any real or personal property seized by the City pursuant to JMC fd 8.03 shall be deemed abandoned alter Thirty (30) days and properly disposed of by the Code Enforcement Office. ORDINANCE NO. 1381 (# 24 — 2009) PAGE TWENTY -ONE Jacksonville Municipal Code § 8.03.037. Nuisances and Non - Complying Conditions — Abatement. When warranted, Code Enforcement Officers may perform work to secure, abate, and otherwise cause a nuisance structures to conform with the terms and conditions required ' under this Chapter and applicable laws and shall seek reimbursement for the costs incurred by the City thereof in the manner provided by law. Jacksonville Municipal Code § 8.03.038. Nuisances and Non - Complying Conditions — Condemnation. When warranted, Code Enforcement Officers may initiate condemnation proceedings under, in lieu of, or in addition to the procedures and remedies as outlined in this Code and State law. SECTION THREE: Jacksonville Municipal Code § 16.04.010 (Adoption) is hereby amended to include the following additions, deletions, and provisions: There is adopted by the City Council, for the purpose of prescribing and governing regulations in the building, construction, and safety industry, the following codes and provisions referenced below are hereby adopted, incorporated, and are to be controlling within the City of Jacksonville: Arkansas Fire Prevention Code, Vols. 1, 2, and 3 - 2007 or Current Edition Arkansas State Fuel Gas Code — 2008 or Current Edition Arkansas Mechanical Code — 2003 or Current Edition Arkansas Plumbing Code — 2006 or Current Edition National Electric Code — 2008 or Current Edition Provisions for applicable other Code(s) adopted or referenced herein shall always reference the most recent and current edition of said Code(s), whether specified or not. Multiple copies of all such applicable Code(s) shall be on file in the Office of the City Clerk, the Code Enforcement Office, and, where applicable, the Fire Marshal. SECTION FOUR: Should any part(s) of this Ordinance be declared invalid for any reason, no other part(s) of the Ordinance shall be affected thereby. SECTON FIVE: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict, and the stricter provision(s), if applicable, shall prevail. SECTION SIX: Because passage of this Ordinance is necessary for public health, peace, and safety of the citizens of Jacksonville, an emergency is hereby declared. Thus, this Ordinance shall be in full force and effect immediately upon and after passage. APPROVED AND ADOPTED THIS 5 DAY OF NOVEMBER, 2009. CITY OF JACKSONVILLE, A ' KANSAS e ° d r G AR : ' ETC R, A YOR 77 I AP. I /f r DAST1 I 44 SUSAN VITT, ITY CLERK ROB RTE. BA BURG, CITY AT ORNEY