1584�14 11
0a LJ Lo F w
ORDINANCE ND. x.584 (#06-2018`711
AN ORDINANCE CREA TING JMC §5.04-035 ET. SEQ. (LOCAL
REGISTERED AGENT REQUIRED) REQUIRING NON-RESIDENT OWNERS
OF RENTAL PROPERTY (COMMERCIAL. AND RESIDENTIAL) .IN THE CITY
OF JACKSONVILLE TO MAINTAIN A LOCAL REGISTERED AGENT. AS A
PREREQUISITE TO OBTAINING A. BUSINESS PRIVILEGE LICENSE;. AND,
FOR OTHER PURPOSES
WHEREAS, in its legislative actions,.. the Jacksonville City Council
regulates acts, omissions, and/or conditions which injure or endanger the
comfort, health, and safety of citizens to prevent interference with the
comfortable enjoyment of life and property., reduced criminal activity(ies), and
passible value depreciation of the property of others;.
1lR/HEREAS;the City is often required to notify owners of real properties
within the. City limits. of matters regarding his/her/its/their real property(ies),
including issues regarding code. compliance., criminal activities, and/or emergency
natures to name a few examples. Unfortunately, without having a local
registered agent for .said property, the City is hampered in its efforts to protect
all citizens` interests; and,
WHEREAS,. the City Council believes it is in the best interests of the City
that out of state owners of rental property be required to have on file with the
City the name and contact information for a Local Registered Agent prior to
obtaining a. City Privilege License.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OFJACKSONVILLE; .4RKAA(SAS, THAT,'
SECTION ONE: JMC § 5..04.035 (Local Registered Agent
Required) is hereby created. and shall include as follows.:
1) It shall be unlawful for an. owner of any structure, residential, commercial,
and/or industrial manufacturing, within the City limits to rent, lease, and/or allow
another to occupy any such structure/property within the city.limits. without first
obtaining a City of Jacksonville Privilege License;
2) No such property owner(s) living outside. of the State of Arkansas (a non-
resident) shall be issued a Privilege License until said property owner(s) have
obtained and provided the City with a Local Registered. Agent's name and contact
information (name, physical address, mailing address, phone, & email).. Any
such. Local Registered Agent is required to be.a resident and live wit=hin the State
n 00r'-'
Ordinance No. 1.584 (#06-2618)
Page Two
of Arkansas, and no P. 0. Box address will be acceptable without a physical
address for a residence/business. location within:the State of Arkansas; and,
3) If a non-resident property owner has multiple properties within the City of
Jacksonville, said owner may obtain a single Local Registered Agent for all such
properties by providing the required information to the City together with a list
identifying said properties owned.
SECTION TWO. J.MC § 5.04.035 (Local Registered Agent
Requirements) is hereby created and shall include as %follows:
1) Any Local Registered Agent shall be appointed and designated in writing by
the owner(s) of said property to authorize and. accept Citation(s), Notice(s),
Service of Process, or demand as required and/or permitted by law on behalf
of said own.er(s) for any such issuance the City may require when addressing
said owner's property. Any such service shall be as authorized under the.
terms of City Code, State law, and/or Civil Procedure; and,
2).All Local Registered Agents shall maintain .and. make available to City officials
when requested the name(s), contact information(s), and Lease Agreements
if needed of all registered tenants for any property(ies) he/shef itjthey are
registered to represent.
SECTION THREE., JMC § 5.04.039 (Enforcement and. Penalties) is
hereby created and shall include: as follows:
1). City of Jacksonville Code Enforcement personnel and/or Officers of the
Jacksonville Police Department are hereby authorized to enforce and address any
potential violations. of the provisions of this Ordinance. Any required prosecution
of violations. under these provisions is to initiate/occur in Jacksonville District
Court;
2) Failure to. comply with any provisions of this Ordinance shall result in no
more than a Fifty Dollars ($50,40) fine for each such offense. For any day such
a violation exist, eachday will be considered . a separate violation subject to
citation and/or fine by the Court. Standard court costs will also apply as well as
possible revocation of any property owner's Business Privilege License; and,
3) Should such be determined necessary, revocation of a .property owner's
Business Privilege License and/or the designated Local Registered Agent can be
ordered should the Court determine such applicable. Basis for such can be non-
responsive action, failure to timely forward relevant information, notices, and/or
citations to the property owners),. and failure to. obtain compliant behavior from
owner(s) and/or tenant(s) to non-compliant conditions of said property(ies).
0fJV11 `5
Ordinance No. 1584 (#0E-:�DI8)
Page Tfiree
Such are merely examples but do not constitute an exhaustive list of the
potential basis for revocation of licensure.
SECTLONFOUR: All .ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of said: conflict.
SECTION FIVE; The provisions. of this Ordinance are hereby
declared severable and, if any section, phrase, or provision shall be declared or
heldinvalid, such invalidity shall not affect the remainder of the sections;
phrases, or provisions.
SECTION SIX This Ordinance shall. be in full force and effect
Ninety (90) days'from its date of passage, subject to and by applicable law.
APPROVED AND ADOPTED THIS DA Y OFAML, 2018
CITYOF]ACKSONVILLE, ARKANSAS
Gary Fletcher, Mayor
A TTEST•
Susan Da Ott, City Clerk/Treasurer
APPROVED AS TO FORM:
Rodert E. Hamburg, City Attorney
HELD IN ABEYANCE ON 04/19.12018