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1022 1-1/ O~DI~A~C: NO. 1022 (#5-94) A~ O~DI ~A~CE A~:~DI ~G JAC(SO~VI __: ~U~ICI JA_ COD: S:CTIO~ 8.08.030 ET.SEQ. TO PROVID:: :O~ T~:: R:v10VA_ AND STO~AG: 0: ABA~DO~ED OR I~O):~AB_E BOATS., v10TO~ V:-tIC_:S., A~D/O~ TRAILERS; DECLARING AN EMERGENCY; AND., FOR OTHER PURPOSES. --------------------~-~-------------------~----~---~-----~~~- --------~----------------------~-------------~--~------------ W-:~:AS., THE CITY COUNCIL OF THE CITY OF JACKSONVILLE., ARKANSAS., HAS REVIEWED AND DETERMINED THAT EXISTING PROVISIONS OF THE JACKSONVILLE MUNICIPAL CODE ARE INADEQUATE TO PROVIDE SUFFICIENT CONTROL OF THE STORAGE OF ABANDONED OR INOPERABLE BOATS., MOTOR VEHICLES., AND/OR TRAILERS; AND., WHEREAS., THE FOLLOWING ADDITIONS., AMENDMENTS., AND DELETIONS TO THE JACKSONVILLE ~UNICIPAL CODE WILL ALLOW THE CODE ENFORCEMENT OFFICE TO REMOVE OR HAVE REMOVED THOSE ABANDONED OR INOPERABLE BOATS., MOTOR VEHICLES., AND/OR TRAILERS WITHIN THE CITY SO AS TO IMPROVE THE QUALITY OF LIFE FOR ITS CITIZENS. ~OW., T- :~::O~:., B: IT O~DAI ~ED BY T-: CITY COUNCI _ OF T-: CITY 0: JAC(SO~VI__:., A~(A~SAS., T-AT: S:CTIO~ O~::: \.ACKSONVILLE MUNICIPAL CODE SECTION 8.08.030 ET.SEQ. IS HEREBY AMENDED TO INCLUDE THE FOLLOWING: I. DEFINITIONS (8.08.031) A) ABANDONED ~OTOR VEHICLE - ANY MOTOR VEHICLE LEFT ON PUBLIC OR PRIVATE PROPERTY AS DEFINED HEREIN FOR A PERIOD IN EXCESS OF THE TIME PERIODS OF TWENTY-FOUR (24) HOURS., SEVENTY-TWO (72) HOURS., OR FIFTEEN (15) DAYS., REGARDLESS OF WHETHER WRECKED., INOPERABLEJ OR IF SAID VEHICLE BEARS CURRENT REGISTRATION OR INSPECTION STICKERS. B) 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., AND SAILBOATS. C) INOPERABLE ~OTOR VEHICLE - ANY MOTOR VEHICLE FOR WHICH ITS CONDITION IS DISMANTLEDJ PARTIALLY DISMANTLED., WRECKED., INCAPABLE OF OPERATION BY ITS OWN POWER UPON A PUBLIC STREET., OR FROM WHICH THE WHEELS., ENGINE., TRANSMISSION., OR ANY SUBSTANTIAL PART THEREOF HAS BEEN REMOVED. D) 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., AUTOMOBILES., BUSES., CAMPERS., GO CARTSJ GOLF CARTS., LAWN TRACTORS., MOPEDS., MOTORCYCLES., MOTOR HOMES., TRACTORS., TRAILERS., AND TRUCKS. *** FOR PURPOSES OF THIS CODEJ MOTOR VEHICLE SHALL ALSO BE A COMPREHENSIVE TERM INCLUDING BOATSJ MOTOR VEHICLESJ AND TRAILERS AS DEFINED HEREIN WHEN USED IN THIS CHAPTER. *** E) PRIVATE PROPERTY - ANY REAL PROPERTY WITHIN CITY WHICH IS PRIVATELY OWNED. F) 'UBLIC )ROPERTY - ANY REAL PROPERTY WITHIN CITY WHICH IS OWNED BY A GOVERNMENTAL BODY., TO INCLUDE., BUT NOT BE LIMITED TO., BUILDINGS., EASEMENTS., PARKING LOTS., PARKS., RIGHTS-OF-WAY., SIDEWALKS., STREETS., AND OTHER SIMILARLY SITUATED PROPERTY. G) 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 TRAILERS., CAMPER TRAILERS., CARGO TRAILERS., FARM IMPLEMENT TRAILERS., GOLF CART TRAILERS., HORSE TRAILERS., AND UTILITY TRAILERS. 13 ORDINANCE ~o. 1022 (#5-94) , 1994 'AGE Two I I . ABA ~DON ~E ~T 0 = ~OTO ~ V :F Ie _ :5 (8.08.032) 'UBL Ie J ~o ):: ~--y ~O PERSON SHALL ABANDON OR LEAVE ANY MOTOR VEHICLEJ ATTENDED OR NOTJ UPON ANY PUBLIC RIGHT OF WAY (OR WITHIN THREE (3) FEET) WITHIN CITY FOR A PERIOD IN EXCESS OF TWENTY-FOUR (24) HOURS. THE PRESENCE OF SUCH A MOTOR VEHICLE OR PARTS THEREOF IN A PUBLIC RIGHT OF WAY IS HEREBY DECLARED TO BE A PUBLIC NU I SANCE.! AND SA I D NU I SANCE SHALL BE ABATED IN COMPL lANCE WITH THE TERMS OF THIS CODE AND/OR ACA 27-50-1201 ET.SEQ. ~O PERSON SHALL ABANDON OR LEAVE ANY MOTOR VEHICLEJ ATTENDED OR NOTJ WITHIN SIX (6) FEET OF A PUBLIC RIGHT OF WAY WITHIN CITY FOR A PERIOD IN EXCESS OF SEVENTY-TWO (72) HOURS. THE PRESENCE OF SUCH A MOTOR VEHICLE OR PARTS THEREOF WITHIN SIX (6) FEET OF A PUBLIC RIGHT OF WAY IS HEREBY DECLARED TO BE A PUBLIC NUISANCEJ AND SAID NUISANCE SHALL BE ABATED IN COMPLIANCE WITH THE TERMS OF THIS CODE AND/OR ACA 27-50-1201 ET. SEQ. III. PARKING AND STORAGE OF INOPERABLE MOTOR VEHICLES - ~~IVAT~ ~~O~~~TY (8.08.033) ~O PERSON SHALL LEAVEJ PARKJ STORE.! OR PERMIT THE LEAVINGJ PARKINGJ OR STORING OF ANY INOPERABLE MOTOR VEHICLE OR PARTS THEREOF UPON ANY PRIVATE PROPERTY WITHIN CITY FOR A PERIOD IN EXCESS OF FIFTEEN (15 ) DAYS. THE PRESENCE OF SUCH A MOTOR VEHICLE OR PARTS THEREOF IN EXCESS OF SAID PERIOD IS HEREBY DECLARED TO BE A PUBLIC NUISANCEJ AND SAID NUISANCE SHALL BE ABATED IN COMPLIANCE WITH THE TERMS OF THIS CODE. IV. :XC:'TIO~S - JRIVAT: '~O':~TY (8.08.034) THE PROVISIONS OF SECTIONS II (8.08.032) AND III (8.08.038) OF THIS CHAPTER SHALL NOT APPLY TO: A) ANY MOTOR VEHICLE PARKED OR STORED WITHIN A BUILDINGJ CARPORTJ OR OTHER SUCH SHELTER ON PRIVATE PROPERTY; ANDJ B) ANY MOTOR VEHICLE HELD IN CONNECTION WITH A BUSINESS ENTERPRISE LAWFULLY LICENSED BY CITY FOR REPAIR.! SALESJ AND/OR SERVICING OF MOTOR VEHICLES OR PARTS THEREOF WHICH IS PROPERLY OPERATED I N AN APPROPR I ATE BUS I NESS ZONE PURSUANT THE CITY'S ZONING ORDINANCES. V. NOTICE OF COMPLIANCE AFFIXED TO VEHICLE (8.08.035) WHEN BROUGHT TO THE ATTENTION OF THE CODE ~NFORCEMENT OFFICE AND/OR THE 'OLICE DEPARTMENT THAT A NUISANCE AS DEFINED ABOVE APPEARS TO EXIST ON PRIVATE AND/OR PUBLIC PROPERTYJ A WRITTEN ~OTICE OF COMPLIANCE SHALL BE AFFIXED TO THE MOTOR VEHICLE INVOLVED. SAID NOTICE SHALL DECLARE THE EXISTENCE OF A NUISANCE AND ORDER ANYONE WITH AN INTEREST IN SAID MOTOR VEHICLE TO COMPLY WITH THE PROVISIONS OF THIS CODE AND ARKANSAS LAW BY REMOVING THE MOTOR VEHICLE WITHIN THE APPROPRIATE TIME FRAMEJ WHETHER SAID TIME FRAME BE TWENTY- FOUR (24) HOURSJ SEVENTY-TWO (72) HOURSJ OR FIFTEEN (15) DAYS. IN ADDITIONJ SHOULD THE NUISANCE EXIST ON PRIVATE PROPERTY J A COpy OF SAID NOTICE SHALL BE DELIVERED TO THE OWNER OR OCCUPANT OF SAID PROPERTY. IF A COpy OF THE NOTICE CANNOT BE DELIVERED TO THE OWNER OR OCCUPANT} A COpy OF THE ~OTICE SHALL BE LEFT AT SAID PROPERTYJ WITH A DUPLICATE COpy SENT TO THE OWNER OR OCCUPANT OF THE PROPERTY BY CERT I F I ED MAILJ RETURN RECEIPT REQUESTED. w ORDINANCE ~O. 1022 (#5-94) , 1994 PAGE THREE SAID NOTICE OF COMPLIANCE SHALL FURTHER CONTAIN A REQUEST FOR REMOVAL WITHIN THE APPROPRIATE TIME PERIOD AS SPECIFIED ABOVE. THE NOTICE SHALL ADVISE THAT J UPON THE FAILURE TO COMPLY WITH THE ~OTICE OF COMPLIANCEJ THE CODE :NFORCEMENT OFFICE AND/OR THE POLICE DEPARTMENT SHALL DIRECT AND ORDER SUCH REMOVALJ WITH THE COST OF REMOVAL TO BE LEVIED AGAINST THE OWNER OF SAID MOTOR VEHICLE. SHOULD THE VIOLATION EXIST ON PRIVATE PROPERTYJ THE ~OTICE OF COMPLIANCE SHALL ALSO ADVISE ANY INTERESTED PARTY OF THE RIGHT TO CONTEST THE DETERMINATION OF THE CODE :NFORCEMENT OFFICE THAT A VIOLATION EXIST UNDER THIS CODE AND OF HIS/HER RIGHT TO REQUEST A HEARING BEFORE THE JACKSONVILLE BOARD OF ADJUSTMENT IN WRITING IN COMPLIANCE WITH THE TERMS OF THIS CHAPTER. VI. . :A~ING (8.08.036) UPON RECEIPT OF A WRITTEN REQUEST TO THE JACKSONVILLE BOARD OF ADJUSTMENTJ DELIVERED TO THE CITY CLERK'S OFFICE WITHIN TEN (10 ) DAYS OF I SSUANCE OF A NOT I CE OF COMPL I ANCE ON A PART I CULAR MOTOR VEH I CLEJ THE CITY CLERK SHALL PLACE THE REQUEST ON THE AGENDA FOR THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF ADJUSTMENT. :URTHERJ THE CITY CLERK SHALL NOT I FY IN WR I T I NG THE I NTERESTED PARTY AND THE CODE ENFORCEMENT OFFICE OF THE DATE AND TIME OF SAID MEETING. A PROPERLY FILED REQUEST FOR HEARING SHALL STAY ANY AND ALL ENFORCEMENT PROCEEDINGS UNTIL AN ORDER OF THE BOARD OF ADJUSTMENT IS ENTERED. VII. BOA~D OF ADJUST~:~T D:T:~~I~ATIO~ (8.08.037) THE BOARD OF ADJUSTMENT SHALL CONDUCT A HEAR I NG AND REV I EW FOR DETERMINATION OF WHETHER A NUISANCE AS DEFINED HEREIN EXIST. AFTER MAKING SAID DETERMINATIONJ THE BOARD OF ADJUSTMENT SHALL ISSUE A WRITTEN ORDER STATING ITS FINDINGS OF FACTS AND CONCLUSIONJ PROVIDING A COpy OF SUCH TO THE CITY CLERKJ CODE :NFORCEMENT OFFICEJ AND THE INTERESTED PARTY WHO FILED THE REQUEST FOR HEARING. I N THE EVENT THE BOARD OF ADJUSTMENT DETERM I NES A MOTOR VEHICLE CONSTITUTES A NUISANCE AS DEFINED HEREINJ IT SHALL ORDER THE REMOVAL AND/OR REPAIR OF THE NUISANCE TO BE COMPLETED WITH I N SEVENTY-TWO (72) HOURS FROM THE DATE OF I SSUANCE OF THE ORDER. I F THE OWNER OR I NTERESTED PARTY FAILS TO COMPLY WITH THE BOARD OF ADJUSTMENT'S ORDERJ SAID MOTOR VEHICLE SHALL BE REMOVED IN ACCORDANCE WITH THE TERMS OF THIS CODE AND ACA 27-50-1201 ET.SEQ. VIII. REMOVA_ 0: ABA~DO~:D A~D I~OPE~AB_:~O-.O~ V:-IC_:S (8.08.038) I N THE EVENT AN ABANDONED AND/OR I NOPERABLE MOTOR VEH I CLE SHALL BE REQUIRED TO BE REMOVED FROM PRIVATE OR PUBLIC PROPERTYJ THE JACKSONVILLE POLICE DEPARTMENT SHALL OBTAIN THE MOST RECENT REGISTRATION ON SAID VEHICLEJ DETERMINE IF SAID VEHICLE IS STOLEN OR NOTJ AND SHALL THEN CONTACT A TOWING OR WRECKER SERVICE IN ACCORDANCE WITH DEPARTMENT POLICY. THE POLICE DEPARTMENT SHALL PROVIDE WHATEVER ASSISTANCE NECESSARY TO ALLOW THE TOWING OR WRECKER SERVICE TO REMOVE SAID MOTOR VEHICLE AND ELIMINATE THE NUISANCEJ AND SHALL PROVIDE THE TOWING OR WRECKER SERVICE WITH INFORMATION 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 27-50-1101 ET.SEQ. IN THE REMOVAL AND DISPOSITION OF SAID 15 ORDINANCE ~O. ~022 (#5-94) , 1994 PAGE FOUR MOTOR VEHICLEJ AND SHALL PROVIDE PROOF OF NOTIFICATION TO APPROPRIATE OWNERS/INTERESTED PARTIES OF VEHICLES INVOLVED TO SAID OWNERS/INTERESTED PARTIES AND CITY OFFICIALS AT NO CHARGE UPON REQUEST. IX. ADOPTION OF STATE LAW BY <EFER:~CE (8.08.039) THE TERMS AND CONDITIONS PROVIDED BY ARKANSAS STATE LAW REGARDING THE REMOVAL AND DISPOSITION OF ABANDONED/INOPERABLE MOTOR VEHICLES ARE HEREIN INCORPORATED BY REFERENCE INTO THIS CODE. SHOULD THE JACKSONVILLE POLICE DEPARTMENTJ CODE ENFORCEMENT OFFICEJ AND/OR ANY TOWING OR WRECKER SERVICE INVOLVED IN THE ENFORCEMENT OF THIS CODE UTILIZE ARKANSAS LAW IN THE REMOVAL OF ABANDONED/INOPERABLE MOTOR VEHICLESJ SAID AGENCY OR SERVICE IS DIRECTED TO COMPLY FULLY WITH ALL PROVISIONS CONTAINED THEREIN. SECTION TWO: ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SAID CONFLICT. S:CTIO~ -.. ~::: BECAUSE THE PASSAGE OF THIS ORDINANCE IS NECESSARY FOR PUBLIC HEALTHJ PEACEJ AND SAFETY OF THE C I T I ZENS OF JACKSONVI LLEJ AN EMERGENCY I S HEREBY DECLARED. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT IMMEDIATELY UPON PASSAGE. A ) )ROV::D A ~D ADOPTED T - IS :2. .4 DAY OF Cf~ -l~.C )~ TOMMY SWAlM~ ~~ , 1994. ATTEST: , ~~ If;v, UL'A-M:.!".~/?LEONARD J C /(1;( .~ ~OB:~ :. BA/~ ClT '-~ V CLERK r / ATT ~: