Bella Vista Cleanup Mix-Up Gets Cleared Up
Posted: March 5, 2013 at 5 a.m.
A Maysville couple got a surprise when they were named as persons of interest in a Bella Vista theft last month.
At A Glance
Architectural Control Committee
The Architectural Control Committee is under the umbrella of Cooper Communities Inc. and regulates aesthetics of properties in the city. It is not part of the city or the Bella Vista Property Owners Association.
Whereas the city’s building division inspects safety of structures and enforces city ordinances, the committee enforces Bella Vista Village covenants that have existed since the village was created.
According to Chris Suneson, Bella Vista Planning and Code Enforcement Director, the city uses a series of steps during the enforcement process.
After becoming aware of a violation, the city’s code enforcement officer sends a notice of violation to the property owner with a seven-day window to correct the issue. If after seven days the issue is unresolved, it is turned over to the Police Department for citation, which could ultimately lead to a court appearance. The entire process is documented by paperwork and photographs, Suneson said.
Arkansas State Code 14-56-401 through 14-56-426 provide for municipal enforcement of city zoning and subdivision codes.
The committee is a private entity not privy to state constitution-granted enforcement and is outlined according to Article XII of the Bella Vista Property Owners Association Declaration and Covenants: “No building, fence, wall or other structure shall be commenced, erected or maintained upon The Properties, nor shall any exterior addition to or change or alterations therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography appointed by the Board of Directors of Developer, or by an Architectural Control Committee composed of 3 or more representatives appointed by the Board.”
Section 1 of Article XIII — titled Exterior Maintenance — states “In the event the Owner of any Lot or Living Unit shall fail to properly provide for exterior maintenance as to buildings or grounds the Developer or the Club may, but shall not be obligated to do so, provide exterior maintenance as follows: paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrub grass, walks and other exterior improvements.”
In 2012, Bella Vista assumed responsibility from the committee for regulating health and safety codes after the creation of the city’s Building Division. Enforcement of Property Owners Association covenants remains the job of the Architectural Control Committee.
Source: Staff Report
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