Jonesboro City Council hears second reading of property maintenance code proposal

The controversial ordinance dealing with a property maintenance code for the city of Jonesboro got another airing Tuesday, with a packed house filling the Jonesboro Municipal Complex.

Council members have discussed the property maintenance code for several months with a lot of debate. A committee recently voted 6-3 to send the code to the full council for their review.

Supporters of the code have said the code and enforcement of the code will help address issues with dilapidated homes and promote remedies to go after homes in horrible shape. Opponents have said the code would infringe on private property rights, plus increase the operating costs for landlords who own property in Jonesboro.

The council approved the first reading of the ordinance Nov. 17, with the second reading set for Tuesday (Dec. 1). There was a plan to put the proposal before voters on March 1, but the city finance committee on Nov. 24 voted 3-2 against the plan.

The council heard from Jonesboro Police Lt. Todd Nelson, who works with the city’s Quality of Life division; as well as several opponents and proponents. Nelson said the code provides for a judicial remedy to deal with dilapidated homes.

Council member Tim McCall asked city attorney Carol Duncan to explain the legal process on the issue. Duncan said the city does not collect fines, with only the district court collecting fines for code violations. Duncan also said it is up to the homeowner to grant permission for code enforcement to enter a home, with officers not having the power to just walk into a home.

Nelson also read a copy of a letter signed by Police Chief Rick Elliott, Fire Chief Kevin Miller, Nelson and Chief Building Inspector Tim Renshaw, asking the council to approve the code.

OPPONENTS
Darrel Cook said the land near his home used to be a rice field. Cook said he cut cane from the area 25 years ago, helping to clear the field. The area has stagnant water three months a year, Cook said.

“If I did something now, the land would flood,” Cook said of letting the cane grow back.

Cook said other requirements, like the keeping of temperatures at a certain temperatures, were also ridiculous.

Donnie Swindle said the code increases costs to maintain a property. He said the court can condemn property, but the code would not forcibly remove someone from a property or turn off utilities.

James Elwyn Hinds asked about the financial aspect of the code, and said the code was infringing on people. Hinds said a family member of his served under then Gen. George Washington at Valley Forge.

“This is more tyrannical than anything that George III ever thought of,” Hinds said.

SUPPORTERS
Jerry Brackett, a local architect, said the code being considered is a relatively well written, minimal code that stresses on the basics. Brackett said the right of entry is already listed in most codes, noting the council should support the code irrespective of who supports or opposes the code with the code helping all people.

Gregory Henson said the code is important to approve, but the opinions of renters were not taken into account. Henson, who said he is a member of the West End Neighborhood Association (a group supporting the code), said group members have differences of opinion on the issue.

But the group supports the code and other efforts to help avoid issues like abandoned homes, which can lead to other issues like illegal drugs, Henson said.

Nina Darly, who has been an American for two years, said she has lived in several places and has noticed Jonesboro is the only place she has lived without a property code.

“It is like the old saying, ‘A stitch in time saves nine,'” Darly said. “It helps to caulk your windows and do that work beforehand.”

The third reading is set for 5:30 p.m., on Dec. 15, at the municipal complex.