Rogers Officials To Make Code Enforcement A Priority

Monday, June 9, 2014

ROGERS -- Keeping a city clean and attractive is an important part of city management, and code enforcement is a crucial part of that process, city officials said.

"The attractiveness of our city is extremely important on many levels," said Greg Hines, Rogers mayor.

At A Glance

City Code

Code Administration Shall:

Have the responsibility for the administration, enforcement and management of the building, plumbing, electrical, mechanical, fire, life safety and animal control codes; the ordinance regarding unsightly and unsanitary conditions; the condemnation of unsafe structures; the issuance of certificates of occupancy; and other duties as assigned by the mayor.

Source: Rogers City Code Of Ordinances

However, Hines said officials have heard from "hundreds of residents" about cleaning up the city and making it more attractive during two economic studies under way in Rogers.

"Improving the way our city looks has been a major topic of discussion," Hines said.

Code enforcement officers are charged with making sure residents follow the laws involving the health and safety of residents.

"Most people don't know who we are or what we do," said James Willett, code enforcement director. "You keep the grass cut, don't put a lot of junk in your yard or become a nuisance to your neighbors, you won't ever see one of us."

Code enforcement is not something new, but as times have changed, so have the way codes are being enforced, city officials said.

"When the town was smaller, code enforcement was more of a gentleman's agreement," Hines said. "The rules might not be strictly enforced. If an 80-year-old widow couldn't mow her yard, or afford to have the yard mowed, other solutions were found. Rogers is not that small town anymore."

A case in point is 3512 S. First St. The property was annexed into the city in 1970, according to a city document. All property annexed is zoned agricultural initially.

The 1.6 acres, was purchased by Dan Hall in 1995. In 1995, there was a single-story home with a detached garage and some trees on the property, based on an aerial photo of the area.

Hall said he doesn't run a salvage yard, nor does he have a city business license to operate a salvage yard. He said he likes to collect cars, recreational vehicles, motorcycles and other stuff. The front yard was home Friday to motorcycles, cars and a few trucks. On Friday, the property behind the house was covered with dozens of car bodies, trucks, recreational vehicles and other metal objects.

Hall said he was told the property was allowed as a salvage yard -- a nonconforming use -- when annexed. He said he didn't remember who told him that.

"Nobody has ever said anything to me about the stuff I collect," he said.

Willett said he thought the property was allowed as a nonconforming use, and therefore nothing could be done to clean up the property, which is in an agricultural zone.

Ben Lipscomb, city attorney, said a salvage yard may have been allowed in 1970, however, "if the property ever changed hands, then the property must meet city code."

After being told the property was sold in 1995, Lipscomb said he would do what is necessary to get the site cleaned up when code enforcement employees bring the issue to him.

"Now that we know more of the story, I plan to take this to the city attorney," Willett said

If Hall's collection was actually a salvage yard, it would not be allowed. City code allows a salvage yard only in a heavy industrial zone. There is no provision for a salvage yard by right or conditional use in an agricultural zone.

Situations such as Hall's property are unusual, according to paperwork from code enforcement officers. They have more calls for tall grass and weeds, during the summer months, and dilapidated or vacant homes, said Jeff David, code enforcement supervisor.

When a code violation is reported, the officer visits the property. If there is a violation, a notice is left on the door or sent to the homeowner giving a certain length of time to take care of the problem, David said.

Springdale has taken code enforcement to a new level, said Missha Wagoner, superintendent in the Community Engagement Division of the Public Works Department.

"We put a high priority on cleaning up Springdale, and have been very successful," Wagoner said.

Each code enforcement officer has an iPad with a mobile printer. Everything an officer needs to do -- find a property owner, check the status of the property, phone number or parcel number -- can be done in the field.

"If we find a lot or a yard with tall grass, we give the property owner seven days to mow it. If they don't, we have it mowed by the landscape department and send the property owner a bill. If the bill isn't paid, we put a lien on the property. When the property, is sold that lien must be paid," Wagoner said.

"We don't break even when we mow a yard or haul off a nonworking vehicle, but it does make the city look better. Our city leaders don't mind spending a little money to protect the residents," Wagoner said.

Rogers officials are in the process of upgrading computers and software in the Code Enforcement Department, Hines said.

"Springdale may be ahead of us right now, but we plan to catch up. Sometime this year we should have a software program in place that will connect code enforcement with the city clerk's office, the city attorney's office and the Police Department. Everyone will be on the same page which should make the departments more efficient," Hines said.

"We are doing everything in our power to move Rogers forward on several fronts. Making the city attractive is one of the important links in that endeavor," he said.

NW News on 06/09/2014