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1548ORDINANCE NO, 1548 (#08 - 2016) AN ORDINANCE REVISING JACKSONVILLE MUNICIPAL CODE ,¢ 8.08, 010 (NON -COMPLYING CONDITIONS FOR GRASS, WEEDS, AND VEGETATION) REGARDING MAXIMUM GRASS HEIGHT; RESCINDING IMC TABLE 8.08.01; AND, FOR OTHER PURPOSES, WHEREAS, when IMC § 8.08.010 was last modified in 2001, Code Enforcement had difficulties with grass maintenance of parcels that exceeded Two (2) acres. Since that time, properties of Two (2) acres or above have reduced in number, and owners of such have addressed their property maintenance needs with the City to eliminate many of the previous concerns. As a result, it is believed that modification of the relevant Code provisions will create uniform enforcement with grass height maintenance. As well, in modification of the Ordinance, it is necessary that the City Council rescind JMC Table § 8.08.01 to eliminate any confusion with the new standards. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OFJACKSONVILLE, ARKANSAS, THA T.- SECTION ONE,- JMC § 08.08.010 (Non -complying Conditions for Grass, Weeds, and Vegetation) is hereby modified to read as follows: It is unlawful for any occupant(s), owner(s), representative(s), and/or responsible party(ies) of any real property within the corporate limits of the City of Jacksonville to allow grass, weeds, and vegetation to remain uncut on said real property in violation of the following standard: Real Property, whether commercial, residential, and/or industrial, containing 0 — 2 acres shall have a maximum grass/weed/vegetation height of Eight Inches (8") or less, excluding intentionally planted shrubs and trees. In the event an occupant(s), owner(s), representative(s), and/or responsible party(ies) fails or refuses to abate or eliminate any such non -complying condition(s) after issuance of notification in accordance with the terms of JMC §§ 8.08.035 and 8.08.040, Code Enforcement is hereby authorized to take whatever action necessary to correct/eliminate the non -complying condition(s). When such occurs, any costs associated with doing so, together with applicable administrative fees and costs, shall be charged against the occupant(s), owner(s), representative(s), and/or responsible party(ies). Any such charge(s) not timely paid shall constitute a lien against the real property in question for such costs, together with an additional Ten Percent (10%) administrative fee. Said amount shall be assessed against the real property involved in accordance with the procedures outlined in ACA §14-54-901 et. seq. and collected as delinquent tax(es) by the Pulaski County Tax Assessor or other such authorized government representative(s). SECTION TWO: JMC Table § 08.08.01 (Maximum Grass Heights) is hereby rescinded in its entirety. Ordinance No, 1548 (#08-2016) Page Two SECTION THREE; All Ordinances, Resolutions, and/or Code provisions thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION FOUR; This Ordinance shall take effect and be in force from and after its date of passage, as subject to and mandated by applicable law. APPROVED AND ADOPTED THIS DA Y OFAPRIL, 2016. CITYOFIACKSONVILLE, ARKANSAS MIA GARY FL ETCHER, MA YOR A TTEST,' SUSAN L. DA VITT, CITY CLERK APPROVED AS TO FORM: ROBERT E. BAMBURG, CITYATTORNEY (PRESENTED APRIL 7, 2016 WITHDRAWN FROM AGENDA)