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§ 154.013 LIABILITY.
   The government immunity from liability and suit for the city and its employees as determined by Arkansas law shall be applicable to all activities of the city and its employees pursuant to this code.
(Ord. 2006-01-243, § 154-13, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
§ 154.014 FEES.
   All fees shall be in accordance with § 10.99 of the Tontitown Code of Ordinances.
(Ord. 2006-01-243, § 154-14, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
§ 154.015 DUTIES AND POWERS OF THE CODE OFFICIAL.
   (A)   General. The Code Official shall enforce the provisions of this code. An interpretation of any term or provision of this code made by the Code Official may be appealed to the City Council by an aggrieved person. The appeal must be filed with the City Clerk within ten business days after the decision has been rendered by the Code Official. The appeal shall consist of a letter from the aggrieved party which sets forth the reasons for the appeal, any other necessary information as well as the payment of any required fee. The City Council shall fix a reasonable time for the hearing of the appeal.
   (B)   Rule-making authority. The Code Official shall have authority as necessary in the interest of public health, safety and general welfare; to adopt the promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.
   (C)   Inspections. The Code Official shall make all the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
   (D)   Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law.
   (E)   Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
   (F)   Notices and orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this code.
   (G)   Department records. The Code Official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence unless otherwise provided for by other regulations.
   (H)   Coordination of inspections. Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one Code Official of the jurisdiction is involved, it shall be the duty of the Code Officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within that inspector’s authority to enforce, that inspector shall report the findings to the Code Official having jurisdiction.
(Ord. 2006-01-243, §§ 154-15--154-22, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16; Am. Ord. 2023-06-1054, passed 6--23)
§ 154.016 APPROVAL.
   (A)   Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Code Official shall have the authority to grant modifications for individual cases, provided the Code Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
   (B)   Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. Any alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and in compliance with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality strength, effectiveness, fire resistance, durability and safety.
   (C)   Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
      (1)   Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall be permitted to approve appropriate testing procedures performed by an approved agency.
      (2)   Test reports. Reports of tests shall be retained by the Code Official for the period required for retention of public records.
   (D)   Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(Ord. 2006-01-243, §§ 154-23--154-26, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
§ 154.017 VIOLATIONS.
   (A)   Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
   (B)   Notice of violation. The Code Official shall serve a notice of violation or order in accordance with § 154.018.
   (C)   Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 154.018 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate pursuant to Arkansas law.
   (D)   Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
   (E)   Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(Ord. 2006-01-243, §§ 154-27--154-31, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
§ 154.018 NOTICES AND ORDERS.
   (A)   Notice to person responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in divisions (B) and (C) below to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with § 154.029(A).
   (B)   Form. Such notice prescribed in division (A) above shall be in accordance with all of the following:
      (1)   Be in writing;
      (2)   Include a description of the real estate sufficient for identification;
      (3)   Include a statement of the violation or violations and why the notice is being issued;
      (4)   Include a correction order allowing seven days to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code; and
      (5)   Include a statement of the right to file a lien in accordance with § 154.017(C).
   (C)   Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
      (1)   Delivered personally;
      (2)   Sent by certified or first-class mail addressed to the last known address; or
      (3)   If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
   (D)   Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
   (E)   Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 154.017(D).
(Ord. 2006-01-243, §§ 154-32--154-36, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
Statutory Reference:
   Notice to unknown or nonresident owners, see A.C. §§ 14-54-902
UNSAFE STRUCTURES OR EQUIPMENT
§ 154.025 GENERAL.
   When a structure or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
   (A)   Unsafe structure. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
   (B)   Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(Ord. 2006-01-243, §§ 154-37--154-37.2, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
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