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ORDINANCE NO.
AN ORDINANCE ADOPTING A BUILDING CODE; 1 TD FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY TB.E CITY COUNCIL OF TAE
CITY OF JACKSONVILLE, ARKANSAS, that:
SECTION 1. ADOPTION OF BUILDING CODE. There is hereby
adopted by the City Council of the City of Jacksonville, Arkansas, for
the purpose of prescribing regulations governing conditions in the
�r building and construction industry, that certain code known as the
" 'fir National Building code, recommended by the American Insurance Assoc:i.a-
tion, being particularly the 1967 edition thereof and the whole thereof,
pie of which code not less than three (3) copies have been and now are
0 p filed in the office of the City Clerk and the same are hereby adopted and
"7+ �jl�� incorporated as fully as if set out at length herein, and from the date
of which this ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the City of Jacksonville, Arkansas.
SECTION 2. ENFORCEMENT. The code hereby adopted shall be
enforced by the City Inspector of. the City of Jacksonville, Arkansas.
SECTION 3. DEFINITION_ Wherever the word "municipality"
is used in the code hereby adopted, it shall be held to mean the City
of Jacksonville, Arkansas.
SECTION 4. MODIFICATIONS. The enforcing officer shall have
power to modify any of the provisions of The National Building Code
upon application in writing by the owner or lessee, or his duly auth-
orized agent, when there are practical difficulties in the way of
carrying out the strict letter of the code, provided that the spirit of
the code shall be observed, public safety secured, and substantial
justice done. The particulars of such modification when granted or
allowed and the decision of the enforcing officer thereon shall be
entered upon the records of the department and a signed copy shall be
furnished the applicant.
SECTION 5. APPEALS. Whenever the enforcing officer shall
disapprove an application or refuse to grant a permit applied for, or
when it is claimed that the provisions of the code do not apply or
that the true intent and meaning of the code have been misconstrued
or wrongly interpreted, the applicant may appeal from the decision of
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the enforcing officer to the City Council of the City of Jacksonville,
Arkansas, within thirty (30) days from the date of the decision ap-
pealed.
SECTION 6. PENALTIES. a. Any person who shall violate
any of the provisions of the code hereby adopted or fail to comply
therewith, or who shall violate or fail to comply with any order made
thereunder, or who shall build in violation of any detailed statement
of specifications or plans submitted and approved thereunder, or any
certificate or permit issued thereunder, and from which no appeal has
been taken, or who shall fail to comply with such an order as affirmed
or modified by the City Council or by a court of competent jurisdiction,
within the time fixed herein, shall severally for each and every such
violation and noncompliance respectively, be guilty of a misdemeanor,
punishable by a fine of not less than Twenty -five and no /100 Dollars
($25.00) nor more than One Hundred and no /100 Dollars ($100.00), or
by imprisonment for not less than five (5) days nor more than thirty
(30) days or by both such fine and .imprisonment. The imposition of
one penalty for any violation shall not excuse the violation or permit
it to continue; and all such persons shall be required to correct or
remedy such violations or defects within a reasonable time; and when
not otherwise specified, each ten days that prohibited conditions are
maintained shall constitute a separate offense.
b. The application of the above
penalty shall not be held to prevent the enforced removal of prohibited
conditions.
SECTION 7. REPEAL OF CONFLICTING ORDINANCES. All. former
ordinances or parts thereof conflicting or inconsistent with the pro -
visons of this ordinance or of the code hereby adopted are hereby re-
pealed.
SECTION 8. VALIDITY. The City Council hereby declares
that should any section, paragraph, sentence or word of this ordinance
or of the code hereby adopted be declared for any reason to be invalid,
it is the intent of said City Council that it would have passed all
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other portions of this ordinance independent of the elimination here -
from of any such portion as may be declared invalid.
APPROVED AND ADOPTED this day of
. 4.
1972.
1
;MAYOR
ATTEST:
CITY OLERK
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