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000083
ORDINANCE NO. 1154 (#8 - 01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE
SS 8.04., 8.08., 8.24., 8.26, 12.28., 18.38., AND 18.39.; AND,
FOR OTHER PURPOSES.
WHEREAS, owners of certain private properties
throughout the City of Jacksonville have failed to properly maintain
their respective properties, despite efforts by Code Enforcement
officials to require otherwise, the City Council wishes to il11prove,
promote, and encourage better maintenance of private properties
throughout the City of Jacksonville;
WHEREAS, under certain conditions and with certain
restrictions, Code Enforcement officials need additional
enforcement powers in various code provisions so as not to allow
improperly lllaintained conditions to exist on property throughout
the City; and,
WHEREAS, a Code Revision COlllmittee, after a series of
public llleetings on the issues involved, recommends the following
provisions be adopted by the Jacksonville City Council to
accomplish enhanced health, safety, and welfare measures for
overall improvement to the City of Jacksonville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Jacksonville Municipal Code S 8.04 is
hereby amended to include the following provisions:
JMC S 8.04.010 - DEFINITIONS-
(I) Motor Vehicle Parts Establishment means a business
operation whereby the primary activity is the sale and distribution
of essential components of a ll!otor vehicle. While inoperable motor
vehicle(s) may be a part of the operation, an enclosed area must
exist for the storage of all inoperable motor vehicles on the
premIses.
(J) Motor Vehicle Repair Establishment means a business
operation whereby the primary activity is the mending, renovation,
repair, or restoration of motor vehicles and/ or specific motor vehicle
components. While inoperable motor vehicle(s) may be a part of the
operation, an enclosed area must exist for the storage of all
inoperable motor vehicles on the premises.
(K" Motor Vehicle Sales Establishment llleans a business
operation whereby the primary activity is the sale, trade, and/ or
exchange of motor vehicles. While inoperable motor vehicle(s) may
be a part of the operation, an enclosed area must exist for the
storage of all inoperable motor vehicles on the prelllises.
(M) Motor Vehicle Service Station means a business
operation whereby the primary activity is the sale and trade of fuels
(gasoline, diesel, etc.) commonly used by motor vehicles, but which
operation can include the maintenance, repair, and restoration of
motor vehicles, their parts, or their components. While inoperable
motor vehicle(s) may be a part of the operation, an enclosed area
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must exist for the storage of all inoperable motor vehicles on the
premIses.
(N) Motor Vehicle Storage Establishment llleans a business
operation whereby the primary business activity is the parking,
maintenance, or temporary storage of motor vehicles. While
inoperable motor vehicles may be a part of the operation, an
enclosed area must exist for the storage of all inoperable motor
vehicles on the premises.
(0) Motor Vehicle TowingjWrecker Establishment means a
business operation whereby the primary activity is the recovery,
hauling, or storage of lllotor vehicles in dalllaged/inoperable
condition. While inoperable vehicle(s) may be a part of the
operation, an enclosed area must exist for the storage of all
inoperable motor vehicles on the premises.
SECTION TWO: JMC S 8.08. (PUBLIC NUISANCE AND
NON - COMPLYING CONDITIONS -- UNSIGHTLY OR UNSANITARY
CONDITIONS) shall include the following amendments, deletions, and
prOVISIons:
(A) SCOPE. The following Code provisions are to
protect the public health, safety, and welfare in all existing premise(s),
structure(s), and/or building(s), residential or commercial, by
establishing lllinimum requirelllents and standards for all premises,
structures, and buildings within the City of Jacksonville. In doing so,
these regulations are to provide sanitation, protection frolll the
elements, improved quality of life, safety from fire and other hazards,
and to require safe and sanitary lllaintenance of said facilities. It shall
be the responsibility of all owner(s), operator(s), and/or occupant(s) to
maintain said premises, structures, and/ or buildings, and the City
shall provide for the administration, enforcement, and penalties of said
violations when said responsibility is not met.
(B) 8.08.001 INTENT. The following Code
provisions shall be construed liberally and justly to insure public
health, safety, and welfare insofar as they are affected by the
continued use and maintenance of premises, structures, and
buildings.
(C) 8.08.002 SAVINGS CLAUSE. The following
Code provisions shall not affect violations of any other ordinance, code,
or regulation existing prior to the effective date hereof, and any such
violation shall be governed and shall continue to be punishable to the
full extent of the law under the provision of those ordinances, codes, or
regulations in effect at the time the violation is committed.
(D) 8.08.003 OTHER REGULATIONS. The Code
Sections herein shall not be construed to prevent the enforcement of
other ordinances or regulations prescribing standards other than those
provided herein. In the event of conflict, the most restrictive Code
provision shall apply.
(E) 8.08.004 GENERAL. Code Enforcement
Officer(s) shall bear the primary enforcement responsibility for all
provisions of this Code and issue all necessary notice(s), order(s),
citation(s), and/or affidavit(s) to abate illegal, unsafe, unsightly,
and/ or unsanitary non-conforming conditions to insure compliance
with the requirements of this Code for the safety, health, and general
welfare of the public. In circumstances dictating such, citation(s)
and/ or affidavit(s) for arrest may also be issued by the Jacksonville
Police Department.
In the body of this Ordinance, referral to Code Enforcement
Officer(s) shall be interpreted to include Code Enforcement Officer(s),
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Jacksonville Police Department officer(s), and/or their designated
representative(s) .
(F) 8.08.005 INSPECTIONS. In order to provide for
the safety, health, and welfare of the public, a Code Enforcement
Officer is authorized, after observance or reasonable suspicion of a
non-complying condition or public nuisance, to enter upon real
property at any reasonable time and l11ake any reasonable request of
the occupant, owner, and/ or responsible party for the purpose of
making inspections of the real property and / or any building( s) ,
structure(s), or improvement(s) thereon and performing duties under
the terms of this Code.
(G) 8.08.006 RIGHT OF ENTRY. If any owner,
occupant, and/ or responsible party subject to the provisions of this
Code refuses, impedes, inhibits, interferes with, restrict, or obstructs
entry and free access to any part of the premise(s), structure(s), or
location where inspection authorized by this Code is sought and after a
reasonable request to do so has been made, the Code Enforcement
Officer is authorized to seek, in a court of competent jurisdiction, an
order authorizing such inspection and that any such owner, occupant,
or other responsible party cease and desist with such interference.
Code Enforcement Officer(s) or authorized representative(s) shall carry
proper credentials of their respective position(s) for the purpose of
identifying themselves during their inspection(s) of any and all
building(s), premise(s), and/ or structure(s) under the jurisdiction of
these Code provisions.
(H) 8.08.007 RELIEF FROM PERSONAL LIABILITY.
Any Code Enforcement Officer(s) or authorized representative(s)
who acts in good faith in the discharge of duties to enforce the tellllS of
this Code is relieved of all personal liability for any damage accruing by
persons or property as a result of such acts or alleged failure to act.
Further, the Code Enforcement Officer(s) shall not be held liable for
any costs in any action, suit, or proceeding that is instituted by the
Code Enforcement Officer in the enforcement of Code provisions. In
any such action, the Code Enforcement Officer or employee shall be
defended or represented by the City Attorney and/ or authorized
representative(s) until final termination of any such legal proceedings.
SECTION THREE: JMC S 8.08.010 (NON-COMPLYING
CONDITIONS FOR GRASS, WEEDS, AND VEGETATION
ALLOWING TO PERPETUATE PROHIBITED) shall be amended and
modified to provide the following:
It is unlawful for any occupant(s), owner(s), representative(s),
and/ or responsible party(ies) thereof of any real property within the
corporate limits of the City to allow grass, weeds, and vegetation to
remain uncut on said real property in violation of the standards set
forth in Table .8.08.02 of this Ordinance.
In the event a responsible party(ies) fails or refuses to abate or
eliminate any such non-complying condition(s) after receiving proper
notification in accordance with the tell11S of JMC 99 8.08.035 and
8.08.040, the Code Enforcement Office is hereby authorized to take
whatever action necessary to correct/ eliminate the non-colllplying
condition(s). When such occurs, the costs associated with doing so,
together with applicable administrative fees and costs, shall be
charged against the occupant(s), owner(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 (100/0) penalty fee. Said amount shall be
assessed against the real property involved in accordance with the
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procedures outlined in ACA S 14-54-901 et. seq. and collected as
delinquent tax(es) by the Pulaski County Tax Assessor.
Residential Lot less than one acre 8"
(Occupied or Unoccupied)
Residential Lot from one to five acres 18"
(Occupied or Unoccupied)
Occupied Commercial Lot 8"
(One acre or less)
Unoccupied COlllmercial Lot 18"
(From one to five acres)
Occupied Industrial Lot 8"
(One acre or less)
Unoccupied Industrial Lot 18"
(From one to five acres)
SECTION FOUR: JMC S 8.08.020 (NON - COMPLYING
CONDITIONS AND PUBLIC NUISANCES PROHIBITED) shall be
amended and modified to provide the following:
It is unlawful for the occupant(s), owner(s), and/or responsible
party(ies) of a building, structure, or property to utilize the premises
for the open storage of any inoperable motor vehicle(s) and/ or part(s),
inoperable appliance(s), building material(s), building rubbish, trash,
boxes, inoperable electronic equipment(s), or silllilar such items. It
shall be the duty and responsibility of all occupant(s), owner(s), and/or
responsible party(ies) to keep the premises clean and orderly, removing
from the premises all such inoperable or abandoned items/materials,
non-complying conditions, and/ or public nuisances.
It is further a violation of this Code to allow garbage, rubbish, or
other unsightly and/or unsanitary articles, condition(s), and/or
item(s), to remain upon real property throughout the city limits of
Jacksonville. Further, no occupant(s), owner(s), and/or responsible
party shall allow stagnant pools of water or any other unsightly thing
or condition which might become harmful to the health of the
community or negatively impact the aesthetics of the community to
exist upon real property in the city limits of Jacksonville.
In the event a responsible party(ies) fails or refuses to abate or
eliminate any such non-complying condition(s) after receiving proper
notification as outlined in JMC SS 8.08.035 and 8.08.040, the Code
Enforcel11ent Office is hereby authorized to take whatever action
necessary to correct/eliminate the non-colllplying condition(s). When
such occurs, the costs associated with doing so, including applicable
administrative fees and costs, shall be charged against the
occupant( s), owner( 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 (100/0) penalty fee. Said amount shall be assessed against the
real property involved in accordance with the procedures outlined in
ACA 9 14-54-901 et. seq. and collected as delinquent tax(es) by the
Pulaski County Tax Assessor.
SECTION FIVE: JMC S 8.08.30 (DEFINITIONS) shall be
amended, created, and modified to provide the following:
(A) ABANDONED MATERIAL. Inoperable appliances,
lumber, building lllaterials, wood, tin, glass, boxes, pipes, plumbing
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supplies, alulllinum siding, scrap l11etal, shingles, electrical
COlllponents, motors, television(s), or any other such materials no
longer used in the day to day operation of the property in question.
(B) ABANDONED VEHICLE. Any lllotor vehicle left on
public or private property in a state of disrepair and incapable of
moving under its own power. The Code Enforcement Officer may,
using discretion, exempt any vehicle ascertained to be an antique
where active signs of a restoration process are shown.
(C) BLIGHT. A deteriorating influence or condition affecting
use, development, and value of the real property in question so as to
cause decay or ruin.
(D) BOAT. Any vessel initially designed for carrying cargo
or passengers upon water, whether currently seaworthy or not, and
regardless of size or design. Said definition shall include, but not be
limited to, barges, canoes, motorboats, rafts, rowboats, or sailboats.
(E) EXTERIOR PROPERTY. The open space on the
premises and on adjoining property under the control of an
occupant(s), operator(s), owner(s) and/ or responsible party(ies) of such
prelllIses.
(F) GARBAGE. The animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
(G) INOPERABLE MOTOR VEHICLE. Any motor vehicle
for which its condition is dismantled, partially dismantled, wrecked,
incapable of operation by its own power, or from which the wheels,
engine, transmission, or any substantial part or parts thereof have
been rel110ved. The Code Enforcement Officer may, using discretion,
exempt any vehicle ascertained to be an antique where active signs of
a restoration process are shown. *** For purposes of this Code, motor
vehicle shall also be a comprehensive term including boats, motor
vehicles, and trailers as defined herein when used in this Chapter. ***
(H) MOTOR VEHICLE. Any self propelled land vehicle
designed to travel along the ground without the use of rails. Said
definition shall include, but not be limited to: automobile; bus;
callIper; go cart; golf cart; lawn tractor; moped; lllotorcycle; motor
home; tractor; trailer; and, truck. *** For purposes of this Code, motor
vehicle shall also be a comprehensive term including boats, motor
vehicles, and trailers as defined herein when used in this Chapter. ***
(I) NON - COMPLYING CONDITION. Any condition(s)
existing on any real property within the city limits that, while not
specifically identified under the term "Public Nuisance", constitute
such a blight upon the real property so as to bring the entire property
out of compliance with the provisions, requirements, and intent of
applicable provisions of the Jacksonville Municipal Code, Arkansas
Code Annotated, and Federallawso
(J) 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 and such walls must be solid
construction for the area not to be considered open storage.
(K. PRIVATE PROPERTY. Any real property within the City
limits which is privately owned by an individual(s), business(es),
corporation(s), partnership(s), or entity.
(L" PUBLIC NUISANCE. Includes anyone or more of the
following:
1. Any physical condition or use of any premIses
regarded as a public nuisance in common law;
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2. Any physical condition or use of any premises which
InjUreS or endangers the comfort, repose, health, or safety of
others;
3. Any physical condition or use of any premises which
offends common decency;
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, 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 community;
6. Any physical condition or use of any preIIIises 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);
7. Any physical condition or use of any premises which
has inoperable or unsanitary sewerage or plulllbing 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 preIIlises which
is unsightly, unsanitary, or which is littered with rubbish, car
parts, old appliances, building materials, paper, clothing, or
garbage, or which has an uncontrolled growth of weeds, grass,
shrubs, trees, or underbrush;
11. Any physical condition or use of any preIIIises where
the structure or building is in a state of dilapidation,
deterioration, or decay, constructed in a faulty or less than
worklllanship manner, is overcrowded in accordance with the
terms of Table 8.08.02, remains unsecured for over thirty (30)
days, reIIIains vacant for a period in excess of six (6) months, is
abandoned, is daIIlaged 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; or,
...8., ....
1-2 Occupants 3-5 6 or more
Occupants
No requirements I 120
Living
Room
Dining
l ROOII!
Kitchen
150
i N 0 requirements
80
100
50
50
60
12. Any physical condition or use of any premise where
the property is blighted or in such a state of disrepair as to
cause an unsafe, unsanitary, or unsightly condition(s).
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(M. PUBLIC PROPERTY. Any real property within the City
limits which is owned by a governmental entity, to include, but not be
limited to: building(s); parking lot(s); park(s); rights-of-way;
sidewalk(s); street(s); and, other such similarly situated facilities.
(N) RUBBISH. Combustible and noncombustible waste
materials, except garbage. The term shall include but is not limited to:
residue from the bUll1ing of wood, coal, coke, and other combustible
materials; paper; rags; cartons; boxes; wood; rubber; leather; tree
branches; yard trimmings; tin cans or other such metals; mineral
matter; glass; crockery; and, dust and other such similar materials.
(0) TRAILER. Any free-wheeling object designed or intended
to be pulled or towed behind a motor vehicle, to include, but not be
limited to: 'boat trailer(s); camper trailer(s); cargo trailer(s); farm
implement trailer(s); golf cart trailer(s); livestock trailer(s); and, utility
trailer( s) 0
SECTION SIX: JMC S 8.08.032 (ABANDONMENT OF
MOTOR VEHICLES PUBLIC PROPERTY) shall be amended,
created, and 1110dified to provide the following:
No person shall abandon or leave any motor vehicle, attended or
unattended, upon any public property or public right of way (or within
three (3) feet thereof) within the City. The presence of such a motor
vehicle or parts thereof is thereby declared to be a public nuisance,
and said nuisance shall be abated in cOll1pliance with the terms of this
Ordinance or ACA S 27-50-1201 et. seq. Upon discovery, the vehicle
will be tagged 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.
SECTION SEVEN: JMC S 8.08.033 (PARKING AND
STORAGE OF INOPERABLE MOTOR VEHICLES---PRIVATE
PROPERTY) shall be amended, created, and modified to provide the
following:
No person shall leave, park, store, or pel111it the leaving, parking,
or storing of any inoperable motor vehicle(s) and/ or part(s) thereof
upon any private property within the City. Upon discovery of such, the
vehicle will be tagged and the owner(s) and/ or responsible party(ies)
given seven (7) days in which to remove the vehicle / part from said real
property. In addition, Code Enforcement Officer(s) 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 primary structure of the real property
upon which said motor vehicle is located AND 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 sublllit a
written request for review by the Board of Adjustment (together with
paYl11ent of the appropriate fee), Code Enforcement Officer(s) shall take
all necessary steps to have the non-complying condition (i.e., motor
vehicle, parts, etc.) removed from said real property.
SECTION EIGHT: JMC S 8.08.034 (EXCEPTIONS ---
PRIVATE PROPERTY shall be amended, created, and modified to
provide the following:
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The provisions of the above section (JMC S 8.08.033) shall
not apply to:
(A) Any motor vehicle parked or stored within a building _
or other such enclosed shelter on private property; or,
(B) Any motor vehicle held in connection with a
business enterprise lawfully licensed by the City for parts, repair,
sales, salvage, service, and/ or the towing of motor vehicles or parts
thereof which is being properly operated in an appropriate business
zone in accordance with Jacksonville Municipal Code and Arkansas
law.
SECTION NINE: JMC S 8.08.035 (NOTICE OF
NONCOMPLIANCE) shall be amended, created, and modified to
provide the following:
When brought to the attention of the Code Enforcement Office
and/or the Police Department that a public nuisance or non-
complying condition appears to exist on private or public property, a
written Notice of Noncompliance shall be affixed to the primary
structure upon said real property. Said Notice shall declare the
existence of a public nuisance and/ or non-complying condition, cite
the specific applicable Code section and/ or State law, and direct
anyone with an interest in said property to comply with applicable
provisions of this Code and Arkansas law within the time frame
allotted. When the public nuisance or non-complying condition exist
on private property, a copy of said Notice shall be sent by first class
mail, to the record owner(s) and/ or occupant(s) of said real property.
When a copy of the Notice cannot be delivered by mail for any reason,
a copy of the Notice posted upon or to said real property shall suffice
as sufficient and reasonable notice to the responsible party(ies) to
bring said property into compliance with applicable provisions of this
Code and/or Arkansas law.
Said Notice of Noncompliance shall contain a request for
removal of the public nuisance or non-complying condition within any
applicable time period as specified. The Notice shall advise that, upon
failure to comply with the terms of the Notice of Noncompliance, the
Code Enforcement Office, the Police Department, or their designated
representative shall direct, order, and complete the
removal/ elimination of the non-complying condition. The cost of said
removal/ elilllination shall then be levied against the owner and/ or
responsible party of such in accordance with the terms of this
Ordinance and ACA S 14-54-901 et. seq.
The Notice of Noncompliance shall also advise any interested
party of the right to contest the determination of the Code
Enforcelllent Office that a violation of this Code exist and of the right
to submit a written request for a hearing before the Jacksonville Board
of Adjustment in compliance with the terlllS of-this Code Chapter.
SECTION TEN: JMC S 8.08.036 (BOARD OF
ADJUSTMENT -- HEARING) shall be amended, created, and modified
to provide the following:
Upon receipt of a written request to the Jacksonville Board of
Adjustment, together with payment in full of a Fifty Dollar ($50.00)
administrative fee, delivered to the City Clerk's Office within seven (7)
days of issuance of a Notice of Noncompliance, the City Clerk shall
place the request on the agenda for the next regularly scheduled
meeting of the Board of Adjustment. Further, the City Clerk shall
notify in writing the interested party and the Code Enforcement Office
of the place, date, and time for said meeting. A properly filed request
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OC0091
for hearing shall temporarily stay any and all enforcement proceedings
until such time as an Order declaring the Board of Adjustment's
decision is filed with the City Clerk's office.
SECTION ELEVEN: JMC S 8.08.037 (BOARD OF
ADJUSTMENT -- DETERMINATION) shall be amended, created, and
modified to provide the following:
The Board of Adjustment shall conduct a hearing and review
appropriate evidence and information so as to make a determination
on the issue of whether a public nuisance or non-complying condition
exist upon the real property in question. Upon lllaking said
determination, the Board of Adjustment shall issue a written order
stating its findings of facts and conclusion, providing a copy of such to
the City Clerk, Code Enforcement Office, and the interested party who
filed the request for hearing.
In the event the Board of Adjustment determines that a lllotor
vehicle, building, structure, or other such non-complying condition
exist and/ or constitutes a nuisance, the Board of Adjustment shall
order the removal and/ or repair of said nuisance. Such corrective
action shall be completed within seventy-two (72) hours from the date
of issuance of the Order unless specifically granted additional time by
the Board of Adjustment. If the owner or interested party fails to
comply with the Board of Adjustlllent's Order, said motor vehicle shall
be removed and/ or nuisance remedied in accordance with the terlllS of
this Code and ACA S 27-50-1201 et. seq.
SECTION TWELVE: JMC S 8.08.038 (REMOVAL OF
ABANDONED AND INOPERABLE MOTOR VEHICLES) shall be
amended, created, and modified to provide the following:
In the event an abandoned and/ or inoperable motor vehicle
shall be required to be removed froll! private or public property, the
Jacksonville Police Departlllent 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 then provide whatever assistance
is necessary to allow the towing or wrecker service to remove said
m~tor vehicle in order to elilllinate the public nuisance or non-
complying condition and shall provide the Code Enforcelllent Office
and the applicable towing or wrecker service with inforlllation 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 S 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.
SECTION THIRTEEN: JMC S 8.08.039 (ADOPTION OF
STATE LAW BY REFERENCE" shall be amended, created, and
modified to provide the following:
The terlllS and conditions provided by State law regarding
removal and disposition of abandoned/ inoperable motor vehicles are
herein incorporated by reference into this Code. Should the
Jacksonville Police Department, Code Enforcement Office, and / or any
towing or wrecker service involved in the enforcement of this Code
remove any such motor vehicle and utilize Arkansas law in said
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process, they are hereby directed to COlllply fully with all prOVISIons
contained therein.
SECTION FOURTEEN: JMC ~ 8.08.040 (INSPECTIONS)
shall be amended and modified to provide the following:
Code Enforcement Officer(s) shall make regular inspection(s) of
alley(s), building(s), rights-of-way, street(s), and/ or real properties
within the City and shall notify the occupant(s), owner(s), or
responsible party(ies) thereof of any public nuisance(s), non-complying
condition(s), unsightly, and/or unsanitary conditions existing
thereon. Within seven (7) days after issuance of such written notice, it
shall be the duty of said occupant(s), owner(s), or responsible
party(ies) to cause removal of the unsightly, unsanitary, and/ or non-
cOlllplying condition in existence on said property. If such
occupant(s), owner(s), or responsible party(ies) fail to comply within
the prescribed time frame, the Code Enforcement Officer or designated
representative is hereby authorized to remove or eliminate the non-
complying condition in question. The cost thereof to accomplish such
shall be promptly paid by the occupant(s), owner(s), or responsible
party(ies), otherwise a lien shall arise against the property in question
in accordance with the terms of this Ordinance and ACA 9 14-54-90 1
et. seq. In addition, any occupant(s), owner(s), or responsible
party(ies) failing to obey such notice and/ or allowing the perpetuation
of a public nuisance or non-complying condition shall be deemed
guilty of a violation of the terms of this Code and will be subjected to
the terlllS of this Code Chapter. Upon conviction of said violation, said
occupant(s), owner(s), and/or responsible party(ies) shall be fined as
set forth in JMC 8 8.08.090.
SECTION FIFTEEN: JMC ~ 8.08.050 (NOTICE TO
NONRESIDENT OWNER(S)) shall be amended, created, and modified
to provide the following:
In the event the owner(s) or responsible party(ies) of any real
property upon which a non-complying condition exist is unknown or
hel she does not reside in or upon the real property in question, a copy
of the written notice referred to in JMC 8 8.08.090(A) shall be posted
upon the premises and mailed with first class postage affixed to the
address provided by such owner(s) or responsible party(ies) to the
Code Enforcement Office. Registration of said real property(ies) by the
owner(s) and/ or responsible party(ies) shall occur upon obtaining
ownership / control of the property in question.
In the event the owner(s) or responsible party(ies) of any real
property upon which a non-complying condition exist is unknown or
he / she does not reside in the State of Arkansas, a copy of the written
notice referred to in JMC S 8.08.090(A) shall be posted upon the
premises and mailed with first class postage affixed to the address
provided by such owner(s) or responsible party(ies) to the Code
Enforcement Office. Registration of said real property(ies) by the
owner(s) and/ or responsible party(ies) shall occur upon obtaining
ownership / control of the property in question.
Before any action to prosecute a violation upon a non-resident
of the State's real property is taken, the City Attorney shall, upon
request by the Code Enforcement Office and/ or the Police Department,
prepare an affidavit setting out the facts as to the unknown address or
whereabouts of the owner(s) or responsible party(ies). Upon service by
publication as provided for by applicable law against nonresident
parties and if such nonresident responsible party(ies) fails or refuses
to abate or eliminate any such non-complying condition(s), the Code
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000093,
Enforcement Office is hereby authorized to take whatever action
necessary to correct/ eliminate the non-complying condition(s). When
such occurs, the costs associated with doing so, together with
applicable administrative fees and costs, shall be charged against the
occupant(s), owner(s), 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 (100/0)
penalty. Said amount shall be assessed against the property in
accordance with the procedures outlined in ACA S 14-54-901 eta seq.
and collected as delinquent tax(es) by the Pulaski County Tax
Assessor.
SECTION SIXTEEN: JMC ~ 8.08.060 (PROPERTY
MAINTENANCE REQUIREMENTS) shall be amended, created, and
modified to include the following:
(A) RESPONSIBILITY. All occupant(s), owner(s), and/or
responsible party(ies) of real property within the City of Jacksonville
shall maintain the premises, building(s), structure(s) and exterior
property in compliance with the requirements of this Code. A person
shall not occupy as owner-occupant or pelll1it another person to
occupy or use any premises which have a public nuisance or non-
complying condition(s) upon the property.
(B) BUILDING(S), STRUCTURE(S), AND REAL PROPERTY.
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 a public nuisance, non-complying condition, cause a
blight upon the community, and/ or adversely affect public health or
safety.
(C) SANITATION. All building(s), structure(s), and
real property, including adjacent alley(s), rights-of-way, and/ or streets,
shall be maintained in a clean, safe, sanitary and compliant condition
free of acculllulation of garbage, junk, refuse, rubbish, or abandoned
materials, metals, lumber, inoperable motor vehicle(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 perlllitted.
(D) DRIVEWAYS. All sidewalks, walkways,
driveways, parking spaces, and similar areas shall be maintained free
from garbage, junk, refuse, rubbish, abandoned materials, inoperable
lllotor vehicle(s), and/ or any obstruction blocking safe passageway of
pedestrian traffic.
(E) GRASS, WEEDS, AND VEGETATION. 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. However, this tellll shall not
include cultivated flowers, gardens, and/ or landscaped areas.
(F) VERMIN. 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), property owner(s), and/ or responsible party(ies) shall
promptly extel1llinate 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.
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00009LI
SECTION SEVENTEEN: JMC S 8.08.070 (EXTERIOR
STRUCTURE REQUIREMENTS~ shall be amended, created, and
modified to include the following:
(A) All building and structural support members shall be
maintained free of deterioration and capable of safely bearing both the
imposed dead and live loads;
(B) All foundation walls shall be lllaintained plumb and free
from open cracks and breaks and lllaintained in such condition so as
to prevent the entry of verlllin;
(C) The roof, flashing, and eaves shall be free of holes, breaks,
or loose and/ or rotting materials so as to be weatherproof. Such areas
shall also be properly surfaced-coated where required so as to prevent
damage and deterioration;
(D) All exterior walls shall be free of holes, breaks, or loose
and/ or rotting lllaterials so as to be weatherproof. Such areas shall
also be properly surface-coated so as to prevent damage and
deterioration;
(E) All belt courses, cornices, corbels, fall facings, terra cotta
trilll, and similar decorative features shall be maintained in good
repair, safe condition, and be equipped with proper anchorage; or,
(F) All canopies, marquees, signs, metal awnings, stairways,
fire escapes, and similar overhang extensions shall be lllaintained in
good repair, be properly anchored, and kept in a safe and sound
condition. All exposed surfaces of metal or wood shall be protected
from the elements, decay, and/ or rust by periodic (and timely)
application of weather-coating materials (paint or similar surface
treatl1lent' .
SECTION EIGHTEEN: JMC S 8.08.080 (ACCESSORY
BUILDINGS AND STRUCTURES) shall be amended, created, and
modified to include the following:
All accessory building(s) and structure(s), including detached
garages, fences, outbuildings, and walls, shall be properly maintained,
structurally sound, and kept in a constant state of good repair so as to
prevent any public nuisance and/ or non-compliant condition.
SECTION NINETEEN: JMC S 8.08.090 (PENALTY, FINES,
AND ENFORCEMENT PROCEDURES) shall be amended, created, and
modified to include the following:
(A) After seven (7) days from receipt of a written notice sent
certified mail by the Code Enforcelllent Office or its designated
representative(s), any business(es), entity(ies), individual(s), and/ or
partnership(s) who fail to eliminate and/ or rell10ve a non-conforming
condition shall be considered in violation of this Code.
(B) In addition to powers granted Code Enforcement Officer(s)
and officers of the Jacksonville Police Department in this Ordinance,
said officers are hereby authorized to issue citation(s) to or request an
Affidavit of Warrant for any business(es), entity(ies), individual(s),
and/ or partnership(s) for violation of any provision(s) of this Code. All
citations shall be in a form approved by the Jacksonville Municipal
Court, shall designate the offense(s) charged, and shall require the
charged party(ies) to appear before the Jacksonville Municipal Court
on a date certain to respond to the charge(s) assessed. All affidavits
shall be in a form provided by the City Attorney and approved by the
Municipal Court, shall be signed by the issuing officer(s) and sworn to
before court personnel, and shall be filed with the Jacksonville
Municipal Court for prosecution. All such warrants of arrest issued
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000095
hereunder shall be processed in the same manner prescribed by law
for criminal violation warrants.
(C) Any party(ies) found guilty of violation of any provision of
this Chapter or applicable Code sections shall be fined no less than
Twenty-five Dollars ($25.00) but no more than Five Hundred Dollars
($500.00) for the first offense, together with applicable court costs.
Adjudication of subsequent offense(s) occurring within one (1) year
shall be fined no less than One Hundred Dollars ($100.00) but no
more than Five Thousand Dollars ($5,000.00), together with applicable
court costs.
Each day a public nuisance and/or non-complying
condition is allowed to exist shall constitute a separate
violation(s) and shall subject the responsible party(ies) to
additional chargers), fine(s), and cost(s).
SECTION TWENTY: JMC S 12.28. (STREET NUMBERING)
shall be amended and modified to include the following:
(A) JMC S 12.28.010 (STREET ADDRESS NUMBERS
REQUIRED) shall be alllended and modified to include the following:
The occupant(s~, owner(s), or responsible party(ies) of every
building, dwelling, establishment, and/ or structure located within the
city limits shall maintain or immediately, if not now present, attach to,
paint, or in SOllle other manner display on or near the front entrance
of such building, dwelling, establishment, property, and/ or structure
the street number(s) of such facility. The numbers displayed shall be
a minimum of three inches (3") in height, comply with any and all U.s.
Postal Service regulations, comply with any and all 911 Emergency
System regulations, and be clearly visible from the street upon which
the building, dwelling, establishment, and/ or structure is located.
(B) JMC S 12.28.020 (ASSIGNMENT OF NUMBERS) shall be
amended and modified to include the following:
The City Engineer is hereby authorized and elllpowered to assign
street numbers to any and all buildings, dwellings, establishments,
and/ or structures located within City limits. All such assignments
shall be made in compliance with all applicable U. S. Postal Service
and 911 Emergency System regulations. Further, the City Engineer
may require that a street address be modified when, in his/her
opinion, such modification is deemed to more logically reflect the
physical location of any such building, dwelling, establishment,
and / or structure.
SECTION TWENTY-ONE: JMC S 18.38. (MANUFACTURED
HOUSING SUBDIVISION (R-6)) shall be alllended and modified to
include the following:
JMC S 18.38.040 (Dimensional Requirements) shall be amended
and lllodified to include the following:
All manufactured houses located within the City limits shall be
skirted around the base of the housing unit so as to cOll1pletely
enclose the area beneath the unit. Acceptable materials for said
enclosure shall include metal or vinyl skirting material(s).
SECTION TWENTY-TWO: JMC S 18.39. (MANUFACTURED
HOUSING PARKS (R-7)) shall be amended and modified to include the
following:
JMC S 18.39.040 (Dimensional Requirements) shall be amended
and modified to include the following:
All manufactured houses located within the City limits shall be
skirted around the base of the housing unit so as to completely
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000096
enclose the area beneath the unit. Acceptable lllaterials for said
enclosure shall include metal or vinyl skirting material(s).
SECTION TWENTY-THREE: Any and all Ordinances,
Resolutions, or Regulations in conflict herewith are hereby repealed to
the extend of said conflict.
SECTION TWENTY-FOUR: To provide more effectively
for the comfort and safety of our citizens, this Ordinance shall take
effect upon passage and publication, as provided by and subject to the
requirements of applicable law.
'~;t-
APPROVED AND ADOPTED THIS (J '::-5 DAY OF JUNE, 2001.
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'TOMMY SWAIM, MAYOR
A ITEST:
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ROB RT E. BfMBURG, Cl .I A
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