JONESBORO -- A group seeking to overturn a Jonesboro ordinance that regulates the maintenance of property in the city says the measure is too restrictive and is asking for a special election to repeal it.
Repeal Jonesboro Property Code 105-2 leader Mark Pillow called the ordinance a "wedge" between economic classes and said it would do away with affordable housing in the city. The ordinance was enacted Dec. 15 after Mayor Harold Perrin broke a 6-6 City Council tie.
"It's more of a weapon than an ordinance," Pillow said.
Pillow said the new ordinance would hurt those who couldn't afford to make the required repairs.
Group members are gathering signatures to call for a special election. They need about 2,500 signatures of registered voters in the city, said City Clerk Donna Jackson. Pillow said he expects to collect about 5,000 names by the Feb. 10 deadline.
Jonesboro aldermen grappled for more than a year with the legislation, which establishes standards for exterior and interior maintenance of buildings and residences, including multifamily dwellings.
Proponents say the code, which was adapted from the International Property Maintenance Code, will allow Jonesboro more authority to get dilapidated buildings repaired and correct safety problems in homes and apartments.
"This will raise the minimum standard of housing and will raise property values," said Mary Ellen Warner, president of the West End association, which has worked with city officials to create the property maintenance code. "We just want to make homes livable and safe places to live.
"We have some older houses in town that are deteriorating. They are nightmares to property owners who live next door to them. We care about where we live."
The City Council approved two readings of the code in November and December, but the third vote ended in a 6-6 tie on Dec. 15, which Perrin broke.
Alderman Darrel Dover voted against the ordinance, saying he wanted more time to discuss it.
"Obviously, we need some sort of code," he said. "But I'm not sure this is exactly the one. I'm not opposed to having a code, but we could have taken some things out of this."
He said he opposed the code's mention of fining residents for minor violations such as "standing water" and "cracks in the driveway."
According to the code, residents can be fined up to $500 for some first offenses if a district judge determines a resident is guilty of a code violation and does not make necessary corrections.
"This is a positive thing," said Alderman Ann Williams, who voted in favor of the code Dec. 15. "It's not draconian in any way. The opponents stressed the rights of the property owners, but this is about the rights of the neighbors, too."
City Attorney Carol Duncan said it would take at least 90 days from the code's Dec. 15 passage before it's enforced because the city must first appoint members to a review board that will determine whether residents are violating the code.
"I have the utmost faith in this program," she said. "There are two issues this will address: safety and property values."
She said claims by opponents that the code will allow city officials to enter homes without permission, fine owners for violations and force evictions are unfounded.
Pillow and his group disagree, saying the code allows inspectors access to rental properties without the permission of owners; inspectors can merely enter upon admission by the renter. The new code also applies to the interiors and exteriors of all buildings in the city; it can restrict homeowners from leasing, selling or mortgaging properties; and it offers no recourse to those who cannot afford to comply with any repairs requested, he said.
"This splits the community," Pillow said. "This forces affordable housing out of the city. We feel disenfranchised. There was no input asked for on this. They just passed it.
"We're being asked to give up our rights."
If the group gathers enough certified signatures, the election will be May 3.
State Desk on 01/31/2016