New code enforcement rules to impact local property owners
Amendments to Jackson’s code enforcement rules are designed to give city ordinance more teeth, but local property owners, not absentee landlords, are likely going to feel the bite.
On June 27, the Jackson City Council approved amending Section 66-44 of city code, which spells out procedures for addressing code violations.
Amendments included re-writing the statute to mimic state code and adding a provision to allow the city to pursue criminal charges against violators with multiple offenses.
Criminal charges would be misdemeanors, which carry up to one year behind bars and a fine of no more than $5,000, according to state law.
Code Enforcement Supervisor Henry Davis applauds the council’s efforts to strengthen the ordinance, but believes the amendments will have little impact on absentee landlords, a major source of the city’s code enforcement problems.
Absentee property owners often live out of the state, but own and lease numerous rental properties locally. In many cases, these homes and businesses are not maintained, and fall into disrepair.
The city already pursues criminal charges against those individuals, but because they live out-of-state, they rarely are brought to justice.
“Warrants are issued for their arrests, but if they don’t come to Jackson and get stopped (for a traffic violation) ... there’s little we can do,” Davis said.
Code enforcement cases are heard in environmental court, which is part of Municipal Court.
Davis said Jackson does not extradite individuals on misdemeanor charges.
However, the city is able to recoup cleanup costs by placing the fees on property owners’ annual tax bills.
Between fiscal year 2014 and 2016, the city recouped almost $145,000 in cleanup costs related to property cleanup and demolition, $386,000 for asbestos testing expenses and $66,000 for grass and weed removal, and property board-ups.
The Changes were approved on a 4-1-1 vote. Councilmen Ashby Foote,
Melvin Priester, Kenneth Stokes and former Councilman Tyrone Hendrix voted in favor. Ward Five Councilman Charles Tillman, who owns a number of rental properties in the capital city, voted against it, and Ward Four Councilman De’Keither Stamps abstained.
The amendments were drawn up with the help of the city’s legal department and the city council’s policy analyst. Hendrix said the ordinance was modeled after other cities, including Ridgeland.
“We thought we could take those as models and craft them the best way we (could) to make them fit the city of Jackson.”
Ridgeland will take individuals to municipal court after they ignore verbal and written warnings to address a particular violation or violations. Those convicted of violation can face jail time and fines.
“I’ve never put anyone in jail (for a code violation), but we could,” Ridgeland prosecutor Boty McDonald said.
Foote, who represents Ward One, agrees local property owners would be impacted more by the ordinance, but believes it still is moving the city in the right direction.
“If we say we’re pursuing criminal charges, it might encourage people at least locally to clean up,” he said. “Any effort, even if it’s a modest improvement, I’m in favor of.”
Stamps said the ordinance isn’t specific enough, and is worried it will impact those who are unable to maintain their properties, like the elderly or those living with disabilities.
The code does not make exceptions for the elderly, ill or handicapped, nor does it differentiate between minor violations like overgrown lawns and major offenses like not repairing structural damage.
“It leaves too much in the gray area. What I wanted was a flow chart with violations and the penalties for each,” he said.
Hendrix said the measure is not designed to go after “Miss Johnson not cutting the grass, but landlords who own 10 to 15 properties, (and are) trying to be slumlord(s).”
The ordinance’s criminal provision authorizes the city to pursue charges against owners who have had been cited for the same violation on the same property at least twice in a two-year period.
Violations that occurred prior to the adoption of the amendments will not be included in the count.
Foote believes the ordinance is broad enough to give code enforcement officers and prosecutors the leeway needed to do their jobs.
Davis also doesn’t expect “Miss Johnson” to be charged criminally. “I’m encouraging my officers to enforce the spirit of the law. Hopefully, they wouldn’t bring in a person who is unable to (maintain their property),” he said.
Stamps, though, believes the ordinance is a “work in progress,” and wants to revisit it at future council meetings. Said Stamps: “We can always go back and amend something.”
The ordinance goes into effect later this month.
To see a copy of the amendments, log onto Northsidesun.com.
