HomeMy WebLinkAbout1820ORDINANCE NO. 1820 (#15-2026)
AN ORDINANCE AMENDING ORDINANCE NO. 1738 (#22-2023), CODIFIED AS
CHAPTER 8.06 OF THE JACKSONVILLE MUNICIPAL CODE (VACANT
BUILDINGS), TO REGULATE THE USE OF VACANT COMMERCIAL STRUCTURES
FOR STORAGE PURPOSES; ESTABLISH ADDITIONAL DEFINITIONS, PROPERTY
MAINTENANCE STANDARDS, REGISTRATION REQUIREMENTS, COMMERCIAL
CORRIDOR RESTRICTIONS, PUBLIC NUISANCE PROVISIONS, AND
ENFORCEMENT AUTHORITY; AND FOR OTHER PURPOSES.
WHEREAS, the public health, welfare and safety are adversely affected by vacant
buildings within the City of Jacksonville; and
WHEREAS, vacant buildings are detrimental to surrounding buildings and
neighborhoods; and
WHEREAS, vacant buildings hinder investment, yield a fraction ofthe standard property
tax, and suppress proximal property values; and
WHEREAS, vacant buildings provide havens for drug activities and homes for vermin;
and
WHEREAS, a significant number of vacant building owners within the City of
Jacksonville do not reside in Pulaski County; therefore, the negative impact on the City is of no
consequence to the vacant building owner(s); and
WHEREAS, under severe weather conditions and in the absence of monitoring, vacant
buildings pose a threat to the utility infrastructure through potential fire, ruptured gas , and/or
ruptured water pipes; and
WHEREAS, identifying the number and location of vacant buildings in the city is the first
step in reducing imminent and future harmful effects to the structures present;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE
CITY OF JACKSONVILLE, ARKANSAS:
SECTION ONE: Chapter 8.06 of the Jacksonville Municipal Code read as follows:
Sections:
8.06.010
8.06.020
8.06.030
Purpose
Applicability
Definitions
CHAPTER 8.06
VACANT BUILDINGS
ORDINANCE NO. 1820 (#15-2026)
Page Two
8.06.040
8.06.050
8.06.060
8.06.070
8.06.080
8.06.090
8.06.010 Purpose
Monitoring , Inspection , and Condition Standards
Agent-Responsible Person Required for Vacant Building
Registration and Registration Fee of Vacant Building
Violation and Penalties
Exemptions
Challenges
The purpose and intent of this article is to establish a registration and identification program
of vacant buildings within the city. Vacant buildings are detrimental to surrounding
buildings and neighborhoods in which they exist. The article is also to ensure the public
health, safety and welfare insofar as they are affected by vacant buildings within the city .
The health, safety and welfare ofthe neighborhoods in which vacant buildings are locat ed
are of the utmost importance to the city , as is the general community character in which
the vacant buildings are located.
The purpose and intent of this article further includes protecting and preserving the
integrity of Jacksonville 's commercial corridors ; preventing deterioration and blight
associated with vacant commercial properties ; encouraging active commercial occupancy
and redevelopment ; establishing standards governing the maintenance, registration , and
permitted use of vacant commercial structures ; and providing enforcement mechanisms to
prohibit the use of vacant commercial structures for storage or warehousing where
inconsistent with the City 's redevelopment objectives.
8.06.020 Applicability
The provisions of this article shall apply to all matters relating to vacant residential
buildings , vacant commercial structures, commercial corridor restrictions , storage use
within vacant commercial structures , registration of vacant structures , maintenance
standards applicable thereto , and all enforcement actions authorized by this chapter. When
or if the provisions of this article conflict with other provisions of the Code of Ordinances
or a technical code adopted by the city , then the more restrictive provision shall govern.
8.06.030 Definitions
The following words , terms and phrases , when used in this article , shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different
meanmg.
A. Vacant Re s idential Building means a building , structure or dwelling that has been
unoccupied for more than six (6) consecutive months with the following determinant
criterion utilized to verify property vacancy:
a) Overgrown or neglected vegetation;
b) The accumulation of hazardous , noxious or unsafe substances or materials on
property ;
c) The accumulation of newspapers , circulars , flyers or mail on the property;
ORDINANCE NO. 1820 (#15-2026)
Page Three
d) Windows or entrances to the property that are boarded up or closed off or
multiple window panes that are damaged , broken and unrepaired;
e) Doors to the property that are broken off, unhinged or continuously unlocked;
f) Statement of neighbors regarding lack of activity;
g) Disconnection of gas , electric or water utility services to the property.
B. Vacant Commercial Structure means any commercial building or commercial tenant
space that is unoccupied or inactive for a period exceeding thirty (30) consecutive days.
C. Actively for Sale or Lease means the building is being actively marketed through a
licensed real estate broker or the owner who is regularly advertising the property in
newspapers circulated in and around Jacksonville or actively marketing the property
on the internet, social media sites , etc., it being offered for sale or lease at a cost of no
more than twenty-five (25) percent over market rate as determined by the Pulaski
County Assessor, and the building is in reasonable condition for sale or lease ,
including, but not limited to: no trash has collected inside or outside the building , the
utilities are functional , and it is not being used as storage that is unrelated to the former
use.
D . Third Party In sp ector means a private business or firm including , but not limited to ,
real estate agencies , appraisers , title companies, lawyer, general contractors , insurance
adjusters with expertise for inspection of vacant buildings.
E. Storage Use means the use of a commercial building or tenant space primarily for:
warehousing ; bulk storage of materials ; inventory storage ; equipment storage ; or
distribution activities , when such use is not an accessory to an actively operating
commercial business open to the public.
F. Active Commercial Use means a lawfully operating business that: maintains regular
public business hours ; is staffed during operating hours; and operates consistent with
applicable zoning classifications.
G. Commercial Corridor means any commercial zoning district or corridor designated by
the City Council , including but not limited to: Main Street; John Harden Drive; T.P.
White Drive; Highway 161 ; N First Street; and Marshall Road.
For the purposes of this Section , a commercially zoned property shall be considered to
front upon a Commercial Corridor if it has direct frontage on, or primary vehicular
access from , one of the above-designated streets or highways.
The City Council may designate additional Commercial Corridors, or modify existing
corridor boundaries , by ordinance.
8.06.040 Monitoring, Inspection, and Condition Standards.
A. The Code Enforcement Department or authorized city designee may inspect any
premises in the city for the purpose of enforcing and assuring compliance with the
provisions of this article. Upon consent of the owner, or owner's designee , the Code
Official , shall inspect all interior portions of a vacant building. If consent is not granted ,
the premises may only be entered in the event of an emergency or upon the issuance of
an administrative warrant.
B. Once a building/structure/unit or residence is registered as a Vacant Residential
Building or a Vacant Commercial Structure, the vacant building may be inspected
annually for as long as it is considered vacant, with consent of the owner, if an
emergency situation is declared , or upon the issuance of an administrative warrant.
C. Vacant Residential Buildings and Vacant Commercial Structures shall be secured; the
exterior building and premises shall be maintained in accordance with all City
requirements.
D. Vacant Residential Buildings and Vacant Commercial Structures shall be in reasonable
condition and not be a safety or health hazard to the public.
E. In addition to the foregoing requirements, every Vacant Commercial Structure shall be
maintained in a manner that preserves the appearance, safety , and marketability of the
property and surrounding commercial corridor. No owner or occupant shall permit the
accumulation of stored merchandise, inventory, equipment, materials , debris, or other
personal property in a manner inconsistent with Active Commercial Use. Exterior
storage, visible interior storage, or other conditions that create the appearance of
warehousing or long-term storage shall constitute evidence that the structure is not
being maintained in accordance with this Chapter.
F. The Planning Commission may authorize temporary Storage Use by Conditional Use
Permit for a Vacant Commercial Structure only upon finding that:
a) The proposed Storage Use is temporary in nature;
b) The Storage Use will not adversely affect surrounding properties or the
commercial character of the area ;
c) The structure will remain in compliance with all applicable building, fire,
property maintenance , and life-safety codes;
d) The proposed use is consistent with the City's redevelopment objectives;
e) The proposed use will not create a nuisance or substantially impair future
commercial redevelopment ; and
f) Any conditions imposed by the Bo Planning Commission are reasonably
necessary to protect the public health, safety , and welfare.
G. Any violation of this Chapter involving a Vacant Commercial Structure is hereby
declared to constitute a public nuisance affecting the health, safety, and welfare of the
community.
8.06.50 Agent-Responsible Person Required for Vacant Building
A. Responsible Person . Any owner(s) of Vacant Residential Buildings and Vacant
Commercial Structures shall authorize a designated responsible person or property
manager who resides in or has an office located in Pulaski County. The responsible
person or property manager shall be authorized to receive notices from the City and
authorized to act on behalf of the owner regarding compliance with this Chapter. This
designee shall have the charge , care and control over the vacant building.
a) The responsible person shall maintain current contact information with the
Code Enforcement Department and shall notify the Department within ten
(I 0) business days of any change in ownership , mailing address , telephone
number, electronic mail address , property manager, or emergency contact
information.
b) The responsible person shall be available to respond to emergency
conditions affecting the property and shall cooperate with City officials
concerning inspection , maintenance, nuisance abatement, and enforcement
activities authorized by this Chapter.
c) Failure to maintain a responsible person as required by this Section shall
constitute a separate violation ofthis Chapter.
8.06.060 Registration and Registration Fee of Vacant Building
A. Registration of building There are two (2) ways to register a building as vacant:
1. The owner shall register with the Jacksonville Code Enforcement Department
not later than thirty (30) days after the building becomes vacant, as defined.
The registration of the building shall include, (a) the site address , (b) the name
of the current owner or owners , current address of the owner(s), (c) tax parcel
number, (d) a description of the condition ofthe building, (e) plans for future use
(intended to eliminate the vacancy), (f) the responsible person or agent and the
contact information for same, and (g) other applicable information as the code
enforcement department may require. If any information changes the registrant
is responsible for informing the Code Enforcement Department of the changes
in a prompt manner. Providing false , misleading , or materially incomplete
information in a registration required by this Chapter will be deemed a violation.
2 . The Code Enforcement Department shall investigate any property that may be
subject to registration. Based upon the investigation , the Code Enforcement
Officer may register the property as a vacant building subject to this article.
a) Notice of registration. Within five ( 5) business days of registration by a Code
Enforcement Officer, the record owner(s) of the property shall be notified of
the registration by certified and regular delivery mail to the last known address
for the owner(s) listed in the deed records of Pulaski County, Arkansas. If
notice by mail cannot be accomplished, notice of the registration shall be by
publication in a newspaper with circulation in the city.
b) When it appears a property registered by a Code Enforcement Officer as
provided in paragraph (a) is no longer vacant, the inspector will so indicate in
the Code Enforcement Department records.
B. Registration fee. An annual registration fee of One Hundred Dollars ($1 00.00) for each
Vacant Residential Building and Two Hundred Fifty Dollars ($250 .00) for each Vacant
Commercial Structure shall be assessed , which is due and shall be paid at the time of
registration . If Code Enforcement registers the building as vacant , the fee shall be due
no later than thirty (30) days after the building is registered as vacant or the owner(s)
receives notice , whichever is later. Vacant building registration are not to exceed one
( 1) vacancy registration payment per calendar year.
8.06.070 Violation and Penalties.
A. Upon determining that a violation exists , the City may issue written notice of violation
providing ten (1 0) days to correct the violation unless immediate action is necessary to
protect the public health or safety.
B. If the violation is not corrected within the time prescribed by the notice , the City may
pursue any one or more ofthe following remedies:
a) Anyone deemed to be in violation of this Chapter, may be summoned before the
Jacksonville District Court, where , upon a finding of guilt, the court shall impose
a fine not less than five hundred dollars ($500.00) or more than one thousand
dollars ($1 ,000.00);
b) A lien for any unpaid registration fee shall be placed against the property on which
the vacant building is sited. The Code Enforcement Department, through the City
Attorney , shall cause to be filed , in the deed records of Pulaski County , a notice
of the lien in the amount of the past due and unpaid registration fee, with
instructions on how the lien may be discharged;
c) The unpaid registration fee shall constitute a debt owed to the City of Jacksonville
and may be collected by the City through civil action filed in a court of competent
jurisdiction, or by foreclosure of the lien created in subsection (b);
d) Civil enforcement in a court of competent jurisdiction;
e) Nuisance abatement authorized by Arkansas law;
f) Injunctive relief; and
g) Any other remedy available under Arkansas law or the Jacksonville Municipal
Code.
8.06.080 Exemptions.
A. The following are exempt from registration:
1. Buildings owned by another government entity .
2. Buildings which are vacant due to fire damage, or by act of God, or other casualty
rendering the structure unsafe for occupancy. The owner(s) shall promptly take
steps to repair or demolish the structure in accordance with JMC § 8.01.037 .
B. The following properties shall be registered as vacant, but are exempt from paying a
registration fee:
1. A building actively being marketed for sale or lease,
2 . A building under reconstruction or renovation with a current permit, or
3. A building involved in probate , or the owner is incapacitated. After a period of
twelve (12) months , this exemption sunsets and the property registered unless
another exemption applies.
4. A Conditional Use Permit authorizing temporary Storage Use shall not constitute
an exemption from the registration, maintenance, or enforcement provisions of
this Chapter unless expressly provided by the Planning Commission.
8.06.090 Challenges.
A. A challenge to Code Enforcement's decision to register a building or the twenty-five
(25) percent over market rate (from the "Actively for Sale or Lease" definition) may
be challenged before the Jacksonville District Court, in accordance with JMC §
8.01.050, et seq.
B. Any determination by the Code Enforcement Department that a structure constitutes a
Vacant Residential Building or Vacant Commercial Structure, or that a property is
being used in violation of this Chapter, may likewise be challenged before the
Jacksonville District Court in accordance with JMC § 8.01.050, et seq., unless another
method of review is specifically provided by ordinance.
C. Challenging any such determination shall not automatically stay enforcement where
the Code Enforcement Official determines that an immediate threat to public health ,
safety, or welfare exists .
SECTION TWO: All Ordinances or parts of Ordinances m conflict herewith are hereby
repealed to the extent of such conflict.
SECTION THREE: This Ordinance shall take effect immediately upon passage and publication,
as provided by and subject to the requirements of applicable law.
APPROVED AND ADOPTED THIS DAY OF 2026. -----------------
CITY OF JACKSONVILLE, ARKANSAS
JEFF ELMORE, MAYOR
ATTEST:
SUSAN L. DAVITT, CITY CLERK
APPROVED AS TO FORM:
STEPHANIE FRIEDMAN, CITY ATTORNEY
Not passed. Pulled from agenda August 6, 2026 and not re-presented to Council