City Adopts New Property Maintenance Code

LYNN KUTTER ENTERPRISE-LEADER Farmington’s building official issued a violation notice to the owner of this house on Bois D’Arc for not having permanent siding on the exterior. The city now has a new Property Maintenance Code to address issues on existing residential and non-residential buildings and property.
LYNN KUTTER ENTERPRISE-LEADER Farmington’s building official issued a violation notice to the owner of this house on Bois D’Arc for not having permanent siding on the exterior. The city now has a new Property Maintenance Code to address issues on existing residential and non-residential buildings and property.

FARMINGTON -- City Building Official Rick Bramall has already issued his first notice to a property owner in violation of the city's new Property Maintenance Code.

Farmington City Council adopted the 2012 International Property Maintenance Code at its May 11 meeting. Bramall recommended the city adopt the code to help enforce maintenance issues on existing buildings and properties, both residential and non-residential.

"This will be a good tool when someone complains," Bramall said. "There are so many gaps in our ordinances and this takes care of those gaps."

The code especially is beneficial in dealing with rental properties and vacant houses, Bramall said.

"In many cases, the city of Farmington can be the liaison between the tenant and the landlord, helping the tenant out in cases of an unwilling landlord," Bramall said. "The code is very clear in how to deal with violations."

Bramall's first notice of violation was mailed to the owner of a house on Bois D'Arc. The house does not have siding on part of the exterior. The Property Maintenance Code requires houses to be weatherproof and for outside surfaces to be properly coated to prevent deterioration.

"The above property appears to be in under construction and has been in this state for too long," Bramall wrote in his violation notice. The letter also says the property owner should inspect the structural integrity of the house to make sure it does not have rotting or is weather damaged before installing permanent siding.

The new Property Maintenance Code regulates both exterior and interior of buildings, as well as property surrounding a house or commercial building. The purpose for the new code, Bramall said, is to ensure the health, safety and welfare of the general public.

The code is formatted similar to most Arkansas building codes. Chapters 1-3 deal with administration of the code, definitions and general requirements. Chapters 4-7 provide more specific requirements.

Some of the general requirements addressed in the code are exterior property areas, swimming pools, barriers, exterior structures and special areas, such as handrails and guards, rubbish and garbage and pest control.

Chapter 3 governs the minimum conditions and responsibilities of persons for maintenance of structures, equipment and exterior property. Examples of items regulated on the outside of property are tall grass and vegetation, peeling paint on buildings, rotten or sagging structural and nonstructural items, damaged or fallen down fences, roofs in need of repair and dead trees.

It states, for instance, that all accessory structures for a property, including detached garages, fences and walls, must be maintained, structurally sound and in good repair.

Chapter 4 has requirements for light, ventilation and occupancy limits. Some of this is covered in other Farmington codes but occupancy limits for residential structures are only addressed in the Property Maintenance Code, said Bramall.

Dwelling units cannot be occupied by more people than permitted by the minimum area requirements provided in the code. This requirement take into consideration bedroom areas as well as living room areas to determine if a house is overcrowded by occupants.

Chapter 5 deals with plumbing, Chapter 6 with mechanical and electrical issues and Chapter 7 discusses fire safety requirements.

If a homeowner or business owner is found in violation of the code, the first step is to be served a violation notice by Bramall. This notice will provide a correction order and give the owner a reasonable time to make repairs or improvements as required to bring the dwelling unit or structure into compliance with city code.

If the person fails to comply with a notice of violation, the person can be found guilty of a misdemeanor. The code also gives the city authority to place a lien upon the real estate on which the structure is located. Another section gives the city authority to declare property unfit for human occupancy and to place a sign on the property declaring it as condemned.

The ordinance gives a property owner the right to appeal any decisions to a Board of Appeals made up of at least three members who are qualified by experience and training to consider matters pertaining to property maintenance. The board members cannot be city employees.

Bramall said he would give the Bois D'Arc property owner about 30 days before he follows up to see if corrective action has been taken. He said he will send out violation notices to several other properties in town in the near future.

General News on 07/01/2015