1683KIN
~ ORDINANCE NO. 1683 (#02-22)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §§8.01
(PROPERTY MAINTENANCE), 8.03 (NUISANCE ABATEMENT), 8.08 (PUBLIC
NUISANCE) AND 8.10 (SWIMMING POOLS); DECLARING AN EMERGENCY; AND,
FOR OTHER PURPOSES.
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WHEREAS, City officials believe certain parts of the municipal codes regarding property
maintenance and nuisance abatement are conflicting or out of date; and, believe that additional
provisions regarding property maintenance and nuisance abatement are needed to address
continuing problems with property owners/occupants who have not timely or properly maintained
certain respective real properties within the City of Jacksonville. As a result, the City Council
believes the following amended provisions and additional requirements are necessary to bring the
Code up to date and to enable additional enforcement efforts by the City in this area.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL
OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT.
SECTION ONE: JMC §8.01.002 (APPLICABILITY) is hereby amended and
modified to read and include as follows:
The provisions of this Code shall apply to all residential and non-residential structures and
premises within the City of Jacksonville, Arkansas. These provisions constitute minimum
requirements and standards for premises, structures, equipment and facilities for light, ventilation,
space, heating, sanitation, protection from the elements, life safety, safety from fire and other
hazards, safe and sanitary property and improvement maintenance, responsibility of owners,
operators, and occupants, the occupancy of existing structures, improvements, and premises, and
for the administration, enforcement, and penalties for violations of these standards and provisions.
Structures and premises that do not comply with these provisions shall be altered or repaired to
provide a minimum level of health and safety as specified herein. Repairs, alterations, additions
to, and change of occupancy in existing buildings shall comply with the current edition(s) of the
Arkansas and International Standard Building Codes for Electrical, Fire Prevention, HVAC,
Historical, Mechanical, Plumbing, and all current editions of various applicable Building and
Property Maintenance Codes as specified in JMC §16.04.010. Where different standards or
requirements are imposed by this Code and other competent authority or by difference sections of
the Code, the most restrictive standard or requirement shall govern.
SECTION TWO: JMC §8.01.015 (FINES, COSTS, AND PENALTIES) is hereby
amended and modified to read and include as follows:
Except as otherwise provided, a person(s), firm, or corporation convicted of violating any
provision of this Code shall be punished by a fine of no less than $25.00, not to
ORDINANCE NO. 1683(02-22) PAGE 2.
exceed $500.00, or up to double said sums for each thereof. If the violrepetition th 000128
ation
p is
continuous in nature, the penalty for allowing the continuance thereof is a fine not to exceed
$250.00 for each day that the violation is unlawfully continued. The District Court Judge will
determine the actual fine.
Additionally, all subsequent abatements will be assessed a penalty of $25.00 per Abatement
(Example: A second abatement results in an additional penalty of $25.00, a third $50.00 and so on
to discourage repeat offenses).
Adjudication of subsequent offense(s) occurring within one 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.
SECTION THREE: JMC §8.01.016 (CITATIONS) is hereby renamed CITATIONS
AND ENFORCEMENT PROCEDURES is hereby amended and modified to read and include as
follows:
In addition to powers granted Code Enforcement Officer(s), Fire Marshal, 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 hereunder shall be processed in the same manner prescribed by law for
criminal violation warrants.
SECTIONFOUR: JMC §8.01.037 (DESTRUCTION AND REMOVAL BY
OWNER/OCCUPANT/INTERESTED PARTY.) is hereby amended and modified to read and
include as follows:
The Owner(s)/Occupant(s)/Interested Party(ies) of any structure that has been condemned by
Ordinance or Resolution of the City Council is permitted to cause, at his or her own expense, to
have the same destroyed and removed within thirty (30) days after the City Council has provided
Notice under Subsection 8.01.034. No person shall be allowed to repair or refurbish a
condemned structure without issuance of a Building Permit by the Code Enforcement Office that
requires all non -complying conditions and repairs to be completed within the timeframe
approved by the City Council. It is the Owner and/or Occupant's responsibility to secure any
extension of time to allow the repair or refurbishment of a condemned structure from the City
Council.
ORDINANCE NO. 1683(02-22) PAGE 3
SECTION FIVE:JMC §8.01.038 (DESTRUCTION AND REMOV�AOL%
CITY.) is hereby amended and modified to read and include as follows:
If the condemned structure has not been torn down and removed, or otherwise abated, within
thirty (30) days after the notice requirements of Subsection 8.01.034 have been met, then the
Code Enforcement Office shall supervise the removal of any such structure in such a manner as
deemed appropriate under existing circumstances. If the structure has a substantial value, it or
any saleable materials thereof may be sold at public sale to the highest bidder for cash using
procedures provided by Arkansas law. The costs of removal will be presented to City Council
for certification and collection from the Owner/Occupant/Interested Party(ies).
SECTIONSIX.• JMC §8.01.044 (COSTS AND PENALTIES FOR VIOLATION OF
CODE.) is hereby amended and modified to read and include as follows:
A penalty as provided by this Code is hereby imposed against the owners of any structure
condemned by resolution of the City Council thirty (30) days after such structure has been
condemned. Each day thereafter such nuisance is not abated constitutes a separate and distinct
offense, provided appropriate Notice as provided in Subsection 8.01.034 has been given within ten
(10) days after such structure has been condemned.
Furthermore, a $30.00 late fee will be assessed after thirty (30) days from the date of invoice of
non-payment or any assessment for costs incurred by the City to remove/repair any Code violation
cited under applicable portions of this Code.
SECTIONSEVEN.• JMC §8.01.049 (RESERVED) is hereby amended to RELIEF
FROM PERSONAL LIABILITY and modified to read and include as follows:
Any Code Enforcement Officer(s) or authorized representative(s) who acts in good faith in the
discharge of duties to enforce the terms 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.
(Ord. No. No. 1154, § 2, 200 1)
SECTIONEIGHT. JMC §8.01.078 (GRASS OR WEEDS) is hereby amended and
modified to read and include as follows:
All real property, fences, exterior structures, and adjacent rights-of-way, shall be maintained free
from noxious grass, weeds, plant growth, undergrowth, and/or vegetation. For purposes of this
Code, weeds shall be defined as all grasses, annual plants, and vegetation other than shrubs or
trees, which shall not exceed Eight inches (8") in height in all residential districts, exceeds Eight
inches (8 ")in height on lots in all commercial zone districts and industrial zone districts on which
ORDINANCE NO. 1683 (02-22) PAGE 4
a structure is located, or exceeds Twenty-four inches (24") in height on lots in all commercial one'
districts and industrial zone districts upon which a structure is not located, except that the
restrictions noted above will not apply to areas specifically designated or recognized by the City,
the State, or the United States as agricultural, wetlands, open spaces, natural or wild flower areas,
or other designated preservation areas. However, this term shall not include cultivated flowers,
gardens, and/or landscaped areas.
Exception: Undeveloped land that has been continuously maintained in a natural vegetative
state.
SECTIONNINE. JMC §8.01.079 (RODENT HARBORAGE) is hereby amended to
RODENT HARBORAGE AND EXTERMINATION and modified to read and include as follows:
All structures shall be kept free from insect and rodent infestation.All structures in which
insects or rodents are found shall be promptly exterminated by approved processes that will not be
injurious to human health. After extermination, proper precautions shall be taken to prevent re-
infestation. Responsibilities for extermination are described as follows:
(A) Owner: The owner of any structure shall be responsible for extermination within the
structure prior to leasing or renting the structure.
(B) Single Occupant: The occupant of a one family dwelling or of a single tenant non-
residential structure shall be responsible for extermination on the premises.
(C) Multiple Occupancy: The owner of a structure containing two or more dwelling units, a
multiple occupancy, a rooming house or a non-residential structure shall be responsible for
extermination in the public or shared areas of the structure and exterior property. If
infestation is caused by failure of an occupant to prevent such infestation in the area
occupied, the occupant shall be responsible for extermination.
(D) Occupant: The occupant of any structure shall be responsible for the continued rodent
and pest -free condition of the structure.
Exception: Where the infestations are caused by the defects in the structure, the owner
shall be responsible for extermination.
SECTION TEN. • JMC §8.01 (PROPERTY MAINTENANCE) is hereby amended j
and modified to include the following:
8.01.081 — Accessory Structures and Buildings
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.
ORDINANCE NO. 1683(02-22) PAGE 5
All fencing, screening, walls, or other such construction shall be in compliance with the t 131
p terms
of JMC8.05, which prohibits the use of barbed wire, razor wire, or other sharp materials in
the construction of fencing, screening, or walls.
(Ord. No. 1154, § 18, 2001; Ord. No. 1424, § 5, 2011)
8.01.082 — Motor Vehicles.
Except as provided for in other regulations, no inoperable or unlicensed motor vehicle shall
be parked, kept or stored on any premises, and no motor vehicle shall at any time be in a
state of major disassembly, disrepair, or in the process of being stripped or dismantled.
Painting of motor vehicles is prohibited unless conducted inside an approved spray booth. For
specific requirements related to the removal of wrecked or inoperable vehicles, refer to
subsection 8.03.014.
Exception: A motor vehicle of any type is permitted to undergo major overhaul, including body
work, provided that such work is performed inside a structure or similarly enclosed area designed
and approved for such purposes.
8.01.083 — Defacement of Property.
No person shall willfully or wantonly damage, mutilateor deface any exterior surface of any
structure or building on any private or public property by placing thereon any marking, carving
or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of
maintenance and repair.
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8.01.084 — Exterior Structure Requirements.
The exterior of a structure shall be maintained in good repair, structurally sound, and sanitary so
as not to pose a threat to public health, safety or welfare. This shall include, but not limited to
the following:
(A)Protective Treatment: All exterior surfaces, including but not limited to, doors, door and
window frames, cornices, porches, trim, balconies, decks, and fences shall be maintained in good
condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the
elements and decay by painting or other protective covering or treatment. Peeling, flaking, and
chipped paint shall be eliminated, and surfaces repainted. All siding and masonry joints as well
as those between the building envelope and the perimeter of windows, doors, and skylights shall
be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion
shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be
removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt
from this requirement.
T (B) Premises Identification: Buildings shall have approved address numbers placed in a position
to be plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Address numbers shall be Arabic numerals or alphabet
letters. Numbers shall be a minimum of 3 inches (76.2mm) high with a minimum stroke width
ORDINANCE NO. 1683(02-22) PAGE 6
of 0.5 inch (12.7mm) on residential structures and shall be a minimum of 6 inch0013
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high with a stroke width of 0.5 inch (12.7mm) for commercial structures. es (152.4mm)
(C) Structural Members: All structural members shall be maintained free from deterioration and
shall be capable of safely supporting the imposed dead and live loads.
(D)Foundation Walls: All foundation walls shall be maintained plumb and free from open cracks
and breaks and shall be kept in such condition as to prevent the entry of rodents and other pests.
(E) Exterior Walls: All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
(F) Roofs and Drainage: The roof and flashing shall be sound, tight, and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or
interior portion of the structure. Roof drains, gutters, and downspouts shall be maintained in
good repair and from obstructions. Roof water shall not be discharged in a manner that creates
a public nuisance.
(G)Decorative Features: All cornices, belt courses, terra cotta trim, wall facings and similar
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decorative features shall be maintained in good repair with proper anchorage and in a safe
condition.
(H) Overhang Extensions: All overhang extensions including, but not limited to canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained
in good repair and be properly anchored so as to be kept in sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the elements and against decay or
rust by periodic application of weather coating materials, such as paint or similar surface
treatment.
(I) Stairways, Decks, Porches, and Balconies: Every exterior stairway, deck, porch and balcony,
and al appurtenances attached thereto, shall be maintained structurally sound, in good repair,
with proper anchorage and capable of supporting such loads.
(J) Chimneys and Towers: All chimneys, cooling towers, smokestacks, and similar appurtenances
shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of
metal or wood shall be protected from the elements and against decay or rust by periodic
application of weather coating materials such as paint or similar surface treatment.
(K)Handrails and Guards: Every handrail and guard shall be firmly fastened and capable of
supporting normally imposed loads and shall be maintained in good condition.
(L) Windows, Skylights, and Doorframes: Every windows, skylight, door and frame shall be kept
in sound condition, good repair, and weather tight.
(M) Window Glazing: All glazing materials shall be maintained free from cracks and holes.
(N) Operable Windows: Every window, other than a fixed window, shall be easily opened and
capable of being held in position by window hardware.
(0) Insect Screens: Any and all residential property and residential apartments which are not services
by a central heat and air conditioning unit or units shall be required to have insect screens to
provide for ventilation or habitable areas. Such insect screens shall be supplied with approved
ORDINANCE NO. 1683(02-22) PAGE 7
tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm) and every
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door shall have a self-closing device in good working condition.
(P) Doors: All exterior doors, door assemblies, and hardware shall be maintained in good condition.
Locks at all entrances to dwelling units, rooming units, and guestrooms shall tightly secure the
door. Locks on means of egress shall be in accordance with Subsection 8.
(Q) Building Security: Doors, windows, or hatchways for dwelling units, room units, or
housekeeping units shall be provided with devices designed to provide security for the occupants
and property within.
1. Doors — Doors providing access to a dwelling unit, rooming unit, or housekeeping
unit that is rented, leased, or let shall be equipped with a single cylinder deadbolt
lock meeting specifications set forth herein. Such deadbolt lock shall be operated
only by the turning of a knob on the inside or a key on the outside and shall have a
lock throw of not less than 1 inch. For the purpose of this section, a sliding bolt
shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be
installed according to the manufacturer's specifications and maintained in good
working order. All deadbolt locks required by this section shall be designed and
installed in such a manner as to be operable inside of the dwelling unit, rooming
unit or housekeeping unit without the use of a key, tool, combination thereof or any
other special knowledge or effort.
2. Windows — Operable windows located in whole or in part within 6 feet (I 828mm)
above ground level or a walking surface below that provide access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased, or let shall be
equipped with window sash locking devices.
8.01.085 — Interior Structure Requirements
The interior of a structure and equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition. Occupants shall keep that partof the structure which they
occupy or control in a clean and sanitary condition. Every owner of a structure containing a
rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or
more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared
or public areas of the structure and exterior property.
(A) Structural Members: All structural members shall be maintained structurallysound and
be capable of supporting the imposed loads.
(B) Interior Surfaces: All interior surfaces, including windows and doors, shallbe
maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded
paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood
and otherdefective surface conditions shall be corrected.
(C) Stairs and Walking Surfaces: Every stair, ramp, landing, balcony, porch, deck orother
walking surface shall be maintained in sound condition and good repair.
ORDINANCE NO. 1683(02-22) PAGE 8
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(D) Handrails and Guardrails: Every handrail and guard shall be firmly fastened and
capable of supporting normally imposed loads and shall be maintained in good
condition.
(E) Interior Doors: Every interior door shall fit reasonably well within its frame
andshall be capable of being opened and closed by being properly and securely
attached tojambs, headers or tracks as intended by the manufacturer of the attachment
hardware.
8.01.086 — Handrails and Guardrails
Every exterior and interior flight of stairs having more than four risers shall have a handrail
on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or
other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall
have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches
(1067 mm) high measured vertically above the nosing of the tread or above the finished floor
of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above
the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted building code.
8.01.087 — Lighting in Common Halls and Stairwells (Multi -Family)
Every common hall and stairwell in residential occupancies, other than one and two family
dwellings, shall be lighted at all times with at least a 60 watt standard incandescent light bulb
for each 200 sq. feet of floor area or equivalent illumination, provided that the spacing
between lights shall not be greater than 30 feet. In other residential occupancies, means of
egress, including exterior means of egress, stairways shall be illuminated at all times, the
building space served by the means of egress, will be occupied with a minimum of 1 foot
candle (11 lux) at floors, landing, and treads.
8.01.088 — Water System Requirements
Every sink, lavatory, bathtub or shower, drinking fountain, water closet, or other plumbing
fixture shall be property connected to either a public water system or to an approved private
water system. All kitchen sinks, lavatories, laundry facilities, bathtubs, and showers shall be
supplied with hot or tempered and cold running water.
8.01.089 — Sanitary System Requirements
(A) All plumbing fixtures shall be properly connected to either a public sewer system or
to an approved private sewage disposal system.
(B) Every plumbing stack, vent, waste, and sewer line shall function properly and be kept
ORDINANCE NO. 1683(02-22) PAGE 9
free from obstructions, leaks, and defects. O n O i I=
8.01.090 — Heating Facilities: Residential Occupancies
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 65 degrees Fahrenheit or 18 degrees Celsius in all habitable rooms,
bathrooms, and toilet rooms. Cooking appliances shall not be used to provide space heating
to meet the requirements of this section.
8.01.091— Cooling Facilities: Rental, Leased, or Multi -Family Properties
All leased, rental, and multi -family properties shall maintain cooling facilities in a safe
working condition and shall be capable of performing the intended function to the extent the
system served the premises at the time the landlord and tenant entered into the lease
agreement in accordance with A.C.A. § 18-17-502.
8.01.092 — Notice to Nonresident Owners.
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 or upon the real property in
question, a copy of the written notice referred to in JMC §8.01.025 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 section 8.01.025 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 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 penalty. Said amount shall be
assessed against the property in accordance with the procedures outlined in ACA, § 14-54-901
ET seq. and collected as delinquent tax(es) by the Pulaski County Tax Assessor.
ORDINANCE NO. 1683(02-22) PAGE 10
--. (Ord. No. 538, § 1, 1979; Ord. No. 909, § 1, 1989; Ord. No. 1154, § 15, 2001) 000136
SECTIONELEVEN.•JMC §8.03.003 (NUISANCES AND NON -COMPLYING CONDITIONS
— ILLUSTRATIVE ENUMERATION OF A NUISANCE OR NON -COMPLYING
CONDITION) is hereby amended and modified to read and include as follows:
(R) Outside storage of household furniture manufactured for indoor use including, but
not limited to, mattresses, box springs, upholstered couches/sofas, dressers, recliners,
tables, desks, bed frames, chairs, and parts thereof. This does not include furniture
or other items manufactured for outdoor use kept on a covered front porch, a deck,
patio, or porch at the rear of the structure.
(S) Outside storage of appliances including, but not limited to, dishwashers, stoves,
ovens, televisions, refrigerators, freezers, computers, electronic equipment, kitchen
accessories, sinks, plumbing fixtures, and/or parts thereof. This does not include
freezers or refrigerators that are in use and are not visible from the road or street,
unless they are in a covered carport.
(T) Any outdoor storage, collection or keeping of items on a carport. Exceptions:
1. Building materials that are temporarily stored as part of or in conjunction with
an active building permit for construction or remodeling, provided the
building materials are stored against a permanent wall.
2. The parking of operable or motorized lawn equipment, lawn hand tools, or
other equipment used for lawn maintenance stored against a permanent wall.
3. Plastic or metal containers stored in an orderly manner in a single row against
a permanent wall. Stacked storage containers' height cannot exceed or be
taller than 50% or (1/2) the wall in height.
(U) Any use of tarpaulins, blankets, plastic or fabric sheets or similar covering materials
to cover items on a carport.
(V) Storage of scrap metals and dismantled equipment in residential zones.
(W) Items not manufactured for outdoor use.
(X) Unauthorized, excessive or improper accumulation or storage of used or scrap tires.
SECTIONTWELVE. JMC §8.03.014 (NUISANCES AND NON -COMPLYING
CONDITIONS — PARKING AND STORAGE OF INOPERABLE MOTOR VEHICLES
— PRIVATE PROPERTY) is hereby amended and modified to read and include as
follows:
In accordance with JMC §8.01.082, No person shall leave, park, store, or permit the
leaving, parking, or storing of any inoperable motor vehicle(s) and /or parts thereof upon
any private property within the City. Upon discovery of such, the Code Enforcement
Office shall take the following actions:
(A) Removal of Inoperable Vehicles Near Public Streets: If an owner or occupant
of property within the City shall neglect or refuse to remove an inoperable motor
ORDINANCE NO. 1683(02-22) PAGE 11
-� vehicle that is parked, kept, or stored near a public street without proper authority) n 1 `; 7
a Code Enforcement Officer may cause the removal of the inoperable motor
vehicle, provided that a Notice of Violation is affixed to the vehicle for a period
of no less than 72 hours, which shall state that the vehicle is a nuisance and order
the property owner, occupant, or whoever has an interest in the vehicle to remove
it from the property. If the vehicle is found on private property with one or more
occupiable structures, a copy of the notice shall additionally be place on one of
the structures.
For purposes of this section, a vehicle shall be deemed "near" a public street
if it can be seen with the unaided eye from a public street.
(B) Removal of Other Inoperable Motor Vehicles: If an owner or occupant of
property within the City shall neglect or refuse to remove an inoperable motor
vehicle that is parked, kept, or stored without proper authority but away from
public streets, a Code Enforcement Officer may cause the removal of the
inoperable motor vehicle, provided that a Notice of Violation is affixed to the
vehicle for a period of no less than 30 days, which shall state that the vehicle is a
nuisance and order the property owner, occupant, or whoever has an interest in
the vehicle to remove it from the property. If the vehicle is found on private
property with one or more occupiable structures, a copy of the notice shall
additionally be place on one of the structures.
(C) Appeals: In the event a responsible party fails to timely remove said motor
vehicles, eliminate the non -complying condition, or submit a written request for
review by the Board of Adjustment (together with payment of the appropriate
fee), Code Enforcement Officers shall take all necessary steps to have the non-
complying condition (i.e. motor vehicle, parts, etc.) removed from said real
property.
(D) Removal of Vehicles: In the event an abandoned and/or inoperable motor
vehicle shall be required to be removed from private or public property, the
Jacksonville Police Department 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 motor vehicle in order to eliminate the public nuisance or non-
complying condition and shall provide the Code Enforcement Office and the
applicable 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 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.
ORDINANCE NO. 1683 (02-22) PAGE 12
-- (Ord. No. 1022, § 1 (VIII), 1994; Ord. No. 1154, § 12, 2001) Or) n 1. 39
(E) Adoption of State Law By Reference: The terms 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 process, they are hereby directed to comply fully with all
provisions contained therein.
(Ord. No. 1022, § 1 (IX), 1994; Ord. No. 1154, § 13, 2001)
SECTION THIRTEEN.• JMC §8.03.016 (NUISANCES AND NON-
COMPLYING CONDITIONS — INOPERABLE MOTOR VEHICLES) is hereby
amended and modified to read and include as follows:
The accumulation of inoperable motor vehicles in the City is degrading to the
environment, property values, and the aesthetic beauty of the City. Thus, the only
location where an inoperable motor vehicle may be parked, kept, or stored within
enclosed spaces upon property that is properly zoned and permitted for that purpose.
The parking, keeping, or storing of inoperable motor vehicles at any other location in
--- the City is declared to be a nuisance and may be cited for violation of JMC §8.01.082
and, if necessary, abated as provided below.
SECTION FOURTEEN. JMC §8.03.017 (NUISANCES AND NON-
COMPLYING CONDITIONS — PRESUMPTION OF INOPERABILITY) is hereby
amended and modified to read and include as follows:
A vehicle shall be deemed inoperable when one (1) or more of the following conditions
exist:
(A) The vehicle has not been moved for more than three days;
(B) One or more tires is flat;
(C) One or more wheels are missing;
(D) The hood or trunk is raised or missing and has appeared to remain so for more
than three (3) days;
(E) Weeds or grass have grown up around the vehicle;
(F) The engine is missing;
(G) The vehicle has no current vehicle tags or registration;
(H) The door or doors, fender, or fenders are removed or missing
(I) The front windshield is broken, removed or missing, or the side windows are
broken or removed or missing;
(J) The interior of the vehicle is used as a storage container.
ORDINANCE NO. 1683(02-22) PAGE 13
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SECTIONFIFTEEN.• JMC §8.10.010 (FENCING/BARRIER
REQUIREMENTS) is hereby amended and modified to read and include as follows:
Private swimming pools, hot tubs and spas, containing water more than24 inches
(610 mm) in depth shall be surrounded by a fence or barrier at least 48 inches
(1219 mm) in height above the finished ground level measured on the side of
the barrier away from the pool. Gates and doors in such barriers shall be self-closing
and self -latching. Where the self -latching device is less than 54 inches (1372 mm)
above the bottom of the gate, the release mechanism shall be located on the pool side
of the gate. Self- closing and self -latching gates shall be maintained such that the gate
will positively close and latch when released from an open position of 6 inches (152
mm) from the gatepost. No existing pool enclosure shall be removed, replaced or
changed in a manner that reduces its effectiveness asa safety barrier.
SECTIONSIXTEEN.• JMC §8.08 (UNSANITARY AND UNSIGHTLY
CONDITIONS PUBLIC NUISANCE AND NON -COMPLYING CONDITIONS) is hereby
archived and reserved.
SECTION SIXTEEN: Said Ordinance and the changes included herein shall be in full
force and effect from and after its passage and approval as provided by and subject to applicable
law.
APPROVED AND ADOPTED THIS _DAY OF 2022,
CITY OF JACKSONVILLE, ARKANSAS
BOB JOHNSON, MAYOR
ATTEST:
SUSAN L. DAVITT, CITY CLERK
APPROVED AS TO FORM:
STEPHANIE FRIEDMAN, CITY ATTORNEY
Tabled on First Reading 1i i, Lr 20, 0 2
Committee formed February 17, 2022
ORDINANCE NO. 1683(02-22) PAGE 14
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