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AN ORDINANCE TO AMEND CHAPTER 11.40 OF THE JONESBORO MUNICIPAL CODE, FORMERLY ORDINANCE NO. 1670 OF THE CITY OF JONESBORO, ARKANSAS, PROVIDING FOR CODE ENFORCEMENT OFFICERS FOR THE CITY OF JONESBORO, ARKANSAS; ESTABLISHING THE DUTIES, PRESCRIBING QUALIFICATIONS, AND RESPONSIBILITIES OF THE CODE ENFORCEMENT OFFICERS AND FOR OTHER PURPOSES. (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-89:1307 ON MAY 15, 1989)
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas.
SECTION 1: Chapter 11.40 of the Jonesboro Municipal Code, formerly Ordinance Number 1670 of the City of Jonesboro, Arkansas, is hereby amended. Said ordinance shall hereinafter read as follows: SECTION 1: Code Enforcement Officers for the City of Jonesboro, Arkansas, are to be under the direction of the Code Enforcement Director. The Code Enforcement Director shall be appointed by the Mayor, and may be, but not limited to, the Police Chief of the City, the Public Works Director of the City, the City Planner, and/or the Fire Chief of the City. As appointed by the Mayor, the Director of Code Enforcement will have the authority to direct the activities of any Code Enforcement Officer.
SECTION 2: Code Enforcement Officers designated. Hereinafter the following employees are designated as City Code Enforcement Officers, and shall have only the duties as outlined in SECTION 3:
(A) Building Inspector
(B) Electrical Inspector
(C) Plumbing Inspector
(D) Animal Control Officer
(E) Condemnation and Weeds/Grass Officer
(F) Meter/ Parking Officer
SECTION 3: Code Enforcement Officers powers authorized. The Code Enforcement Officers shall have the following powers as listed for each, and no others.
(A) The Building Inspector shall enforce and be authorized to issue citations for violations only for those currently effective Codes and Ordinances, and any future revisions to same, as follows:
(1) Standard Building Code - 1988 Edition
(2) Southern Standard Housing Code - 1971 Edition
(3) City Buildings and Construction Code - Title 11 of the Jonesboro Municipal Code, save and except the following specific Sections and Chapters:
(4) Chapter 14.28, of the City Zoning Code pertaining only to building floor elevations
(5) Chapter 9.12.06 of the City Streets and Sidewalks Code
(6) Chapter 5.20.03 of the City Health and Sanitation Code
(7) Chapters 7.40.23, 7.40.24, 7.40.25 and 7.40.26 of the City Public Peace, Safety and Morals Code
(8) Chapters 14.20 and 14.24 of the City Zoning Code
(9) The following code sections regarding enforcement by the Building Official as a Code Enforcement Officer is hereby specifically accepted from the authorization herein provided:
(a) The City Health and Sanitation Code - Title 5 of the Jonesboro Municipal Code, Sections 5.16.17, 5.16.18, 5.16.20 and 5.16.23, 5.24.03, 5.24.04 5.24.06.
(b) The City Vehicles and Traffic Code - Title 8 of the Jonesboro Municipal Code, Section 8.28.10.
(B) The City Electrical Inspector shall enforce and be authorized to issue citations for violations only for those currently effective Codes and Ordinances, and any further revisions to same, as follows:
(1) National Electrical Code - 1987 Edition
(2) Arkansas State Plumbing Code - 1971 Edition
(3) Standard Mechanical Code - 1988 Edition
(4) City Building and Construction Code - Title 11 of the Jonesboro Municipal Code, Chapters 11.12, 11.16, 11.20, 11.24 and 11.36
(5) City Water and Sewer Code - Title 10 of the Jonesboro Municipal Code, Section 10.04.03, 10.04.05 (B), 10.12.03 (b)
(C) The City Plumbing Inspector shall enforce and be authorized to issue citations for violations only for those currently effective Codes and Ordinances, and any future revisions to same, as follows
(1) National Electrical Code - 1987 Edition
(2) Arkansas State Plumbing Code - 1971 Edition
(3) Standard Mechanical Code - 1988 Edition
(4) City Building and Construction Code - Title 11 of the Jonesboro Municipal Code, Chapters 11.12, 11.16, 11.20, 11.24 and 11.36
(5) City Water and Sewer Code - Title 10 of the Jonesboro Municipal Code, Sections 10.04.03, 10.04.05 (B), 10.12.03. (b)
(D) The City Animal Control Officer shall enforce and be authorized to issue citations for violations only for the Animals and Fowl Code, Title 6 of the Jonesboro Municipal Code, and any further revisions thereto.
(E) The City Condemnation and Weeds/ Grass Officer shall enforce and be authorized to issue citations for violations for only those currently effective Codes and Ordinances, and any further revisions to same, as follows:
(1) City Buildings and Construction Code, Title 11, of the Jonesboro Municipal Code, Chapter 11.32
(2) City Vehicles and Traffic Code, Title 8, of the Jonesboro Municipal Code, Chapter 8.16
(3) City Health and Sanitation Code, Title 5 of the Jonesboro Municipal Code, Chapter 5.08
(F) The Meter/Parking Officer shall enforce and be authorized to issue citations for violations only for the City Vehicles and Traffic Code - Title 8 of the Jonesboro Municipal Code, Chapters 8.40 and 8.44
SECTION 4: General Requirements.
(a) No water or electricity or gas service shall be turned on for service shall on the premises in which construction, work or installation does not comply with the Codes and Ordinances of the City of Jonesboro, Arkansas, and such service shall not be turned on by the water, electric, or gas utility except upon receipt of authorization by the appropriate Code Enforcement Officer provided that temporary service may be granted for construction work in unfinished buildings.
(b) Any applicant for certification of completion and inspection shall present proof to the appropriate Code Enforcement Officer that the property and nearly completed buildings have been listed for assessment with the County Tax Assessor of Craighead County and such applicants shall present a copy of such listing for assessment duly signed and certified to by the County Tax Assessor with his application for final permit of certificate of completion and inspection. The appropriate Code Enforcement Officer shall not issue a certificate of completion and final inspection until a copy of such listing is on file in his office. The appropriate Code Enforcement Officer shall maintain a file record preserving said listings
SECTION 5: Liability of Code Enforcement Officers
Any Code Enforcement Officer, or Code Enforcement Director, acting in good faith and without malice for the City in the discharge of their duties, shall not hereby render themselves liable personally, and they are hereby relieved from all personal liability for any damage that may accrue to person or property as a result of any act required, or by reason of any act or omission in the discharge of their duties. Any suit brought against any Code Enforcement Officer or Director because of such act or omission performed by said Officer or Director in the enforcement of any provisions of Codes and Ordinances shall be defended by the Legal department of the city until final termination of the proceedings."
SECTION 6: All ordinances and/or parts of ordinances in conflict herewith are hereby specifically repealed.
SECTION 7: If for any reason, any portion of this ordinance is held to be invalid; such invalidity shall in no way effect the remaining portions thereof which are valid, but such valid portions shall remain in full force and effect.
SECTION 8: It is found and declared by the City Council that an emergency exists and this Ordinance, being necessary for the preservation of the public peace, health and safety, shall take effect from and after its passage and approval.
PASSED AND ADOPTED this 6th day of March, 1989.