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Code enforcement process takes some time, Benton officials say |
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Monday, 06 July 2009 |
Some things take time.
And enforcing the city’s codes is one of them. Sometimes it can take three months to get a property cleaned up, Benton code enforcement officers Charlie Carty and Jody Morphew said.
Code enforcement falls under the Benton Police Department.
“We’re trying to make the city look better so that people and businesses will want to come here,” Carty said. “We all know it’s a nice place to live and work.”
Sometimes when people make a complaint, they expect the matter to be taken care of right away, Morphew said, but code enforcement has a detailed set of rules it has to follow before anything can be fixed. And sometimes that takes a while.
When a complaint is made to code enforcement about a property, the officers first survey the scene, and when they do that depends on their workload. Through May, code enforcement had 566 cases.
This time of year, the major complaint is overgrown grass. According to city ordinance, grass must not be higher than 8 inches.
“We go the scene to make sure there is a problem,” Carty said. “Sometimes what people perceive is a problem isn’t.”
However, if Carty and Morphew find there is a problem, they talk to the property owners. “Sometimes it’s something they’re already working on,” Carty said.
“We go back a couple weeks later or 30 days later to follow up.”
Morphew noted they are required to give property owners a minimum of seven days and a maximum of 30 days to come into compliance.
“In a few days, sometimes people make corrections,” he said. “But if it’s not corrected, we send a certified letter.”
He noted, “People don’t understand the process. They think it get corrected overnight, which doesn’t happen.”
Lt. Kevin Russell added, “There is a due process of law that we have to follow. If someone doesn’t comply, it can take a minimum of three months because of the due process of law that is accorded to all residents equally.”
The percentage of those who don’t comply is small, Morphew said, but there are those who don’t. “They can request an extension if circumstances allow, but after the extension and still no compliance, a violation can be presented and they will be given a court date to present their case in District Court.”
After all avenues are exhausted, and the property is still not in compliance, a maintenance crew is sent in to clean and then a lien against the property is set.
Morphew noted, “Many citizens think we pick up trash and mow yards. We don’t do the work. It is contracted out.”
“It’s in the property owners’ best interest to clean up the property,” Carty said.
Code enforcement has been under the police department since 2004. “There is two of us working for 28,000 residents,” Morphew said.
The ordinance that outlines the codes that apply to all residents and businesses is Ordinance 30 of 2007.
In addition to grass not being taller than 8 inches, people may not store an abandoned or inoperable vehicle on their property, unless it’s an automotive service business. Storage of refrigerators or other appliances or furniture on property is prohibited.
A violation of the ordinance is a misdemeanor punishable by a fine of $150-$500.
The code enforcement office is open from 8 a.m. to 5 p.m. Monday-Friday and may be reached at 776-5965.
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