Procedures outlined for building code enforcement

Wednesday, April 21, 2010

— A procedure for dealing with properties in violation of city building codes was presented by city building inspector David McNair and Gentry Mayor Wes Hogue at Thursday’s Building and Property Code Enforcement Committee meeting.

The policy would ensure the city follows existing code and state laws in giving notice of violations to property owners, allowing appeal and finally condemning and demolishing structures not brought into compliance.

The procedure, according to McNair, includes giving written notice of violation to property owners with delivery of the notice documented by signature of the building official and, where possible, the property owner or representative.

The first notice would give the property owner 20 days tosubmit a plan in writing which addresses each violation in the notice, or to submit a statement of intention to demolish and clean up the property.

Should the property owner disagree with the notice of violation, an appeal process is also outlined in the document.

After 20 days, the building inspector and property owner would complete a second form, including the planned action to remedy all violations. At that time, a building permit could be issued to remedy violations, but it will become void if work has not commenced within 90 days or is not completed within180 days of the document enforces existing code.

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If the property owner does not appeal the notice of violation, the council could also proceed with condemnation of the property, giving the property owner notice of a hearing and the opportunity to appeal a council decision.

Should corrective action not be taken within 180 days after the second notification of violation document is completed, the city could then be ready to take immediate corrective action - including demolition and cleanup - at the end of the 180 day period.

The policy requires no new council action, Hogue said, because it is based on existing city code. The policy was prepared so that the city fairly and uniformlylegislative change,” Hogue said. “The laws are good. We’re just cleaning up the administrative process.”

“We’ve had a good discussion,” said committee chairman James Furgason. “I think we have a good solution here.”

The policy will be reviewed by city attorney Jay Williams and possibly be brought back to the committee at its next meeting,set for 5:15 p.m., May 20, at the city hall conference room.

News, Pages 1 on 04/21/2010