Property Maintenance Codes
The goal of Code Enforcement is to work with the residents and property owners of Searcy to achieve voluntary compliance on properties throughout the City. This is accomplished by performing a variety of inspections on residential and commercial property and responding to complaints regarding potential code violations.
Codes Enforced:
Searcy Code of Ordinances (Chapter 9 - Maintenance of Property)
City of Searcy Current Zoning Code (updated Feb 2023)
Common Code Violations
Grass or Weeds. Plants used as groundcover, which shall not include grasses or plants grown as hay or as a crop or for other agricultural purposes, shall not exceed eight (8) inches in height. This restriction will not apply to:
(A) Property that is zoned UT, except when abutting developed property. UT property shall be maintained with a 15' buffer along the lot line adjacent to the developed property with the grass and weeds in such buffer shall not exceed eight (8) inches in height.
(B) Areas specifically designated or recognized by the City, the State or the United States as wetlands, open spaces, natural or wild flower areas, or other designated areas.
(C) The Searcy Municipal Airport
Motor Vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle or abandoned motor vehicle shall be parked, kept or stored on any premises, and no motor vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled unless said motor vehicle is in an enclosed structure. Painting of motor vehicles is prohibited unless conducted inside a spray booth.
9-3-2-9-1
Storage of Inoperable or Abandoned Vehicles. No person shall park, store, leave or permit the parking, storing or leaving of anymotor vehicle of any kind, which is wrecked or inoperable, whether attended or not, upon any private property within the city, except as allowed by the following:
(1) Any motor vehicle parked or stored within a building or enclosed garage on private property.
(2) Any motor vehicle held in connection with a business that is properly stored behind a privacy fence and when the occupant or owner of the Premises is properly licensed by the City for servicing and repair of motor vehicles.
(3) Any motor vehicle within a carport or on the driveway of the property that is being actively repaired on at least a weekly basis with such repairs to be completed within thirty (30) days. Subject vehicles and its parts when not being repaired shall be neatly and completely covered with an opaque cover.
(4) Inoperable vehicles deemed inoperable only due to not having current vehicle license plate or vehicle registration tag, may be stored on the driveway or in the backyard.
(5) Inoperable vehicles may be stored in the backyard on private property when provided with a fitted and maintained cover designed for such vehicle or if the property has a Six (6) foot tall privacy fence enclosing the complete backyard area.
9-3-2-9-2
Unlawful Parking of Certain Motor Vehicles and Trailers. No person shall park or cause to be parked any truck with a capacity larger than one (1) ton, tractor, mobile home, bus, van, camper or trailer, or any other, similar motor vehicle or trailer, upon or across any public street, public right of way, public alley or in the front yard of any private property within the corporate limits of the City, except as allowed by the following exceptions:
(1) The loading and/or unloading of merchandise and/or material.
(2) Construction job sites where vehicles are left and used for working.
(3) Temporary use during a special event
9-3-2-9-3
Authorized Removal of Inoperable Motor Vehicles, Trailers. Code Enforcement Officers shall have the authority to remove inoperable motor vehicles and trailers on private property thirty (30) days after written notice has been affixed to the subject item. Such notice shall state the subject item is a nuisance and order whoever has an interest in the subject item to remove the item from the property. Any inoperable or abandoned motor vehicle sitting on city streets for more than 72 hours may be removed immediately at owner's expense.
9-3-2-9-4
Exception. A motor vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
9-2-7-1
Authority: In addition to other penalties herein but not in lieu thereof, the City Council for the City of Searcy may condemn structures through passage of a resolution, after a public hearing that shall include:
(A) An adequate description of the Structure/Building
(B) The name/names of the owner/owners if known
(C) Findings that the structures are unfit for human occupancy, or otherwise detrimental to the life, property or safety of the public.
9-2-7-2
Keeping condemned structures prohibited. It is unlawful for any person or persons, partnership, corporation or association, to own, keep or maintain any house, building and/or structure within the corporate limits of the City of Searcy, Arkansas, which constitutes a nuisance and which is found and declared to be a nuisance by Resolution of the City Council.
9-2-7-3
Notices. The Code Enforcement Department shall be responsible for publication, mailing or delivery of all notices required to condemn structures.
9-2-7-4
Prior notice of proposed condemnation. The owner of the structure/building will be provided notice of any proposed condemnation action no less that ten (10) calendar days prior to consideration by City Council. Any lien holders whose interests appear of record not less than twenty (20) days prior to any such public hearing will also be provided notice of any proposed condemnation action no less than ten (10) calendar days prior to consideration byCityCouncil. Notice will be provided by the method described in section 9-2-6-2.
9-2-7-5
Notice of Condemnation. After a structure has been condemned by resolution as provided in this Code, a certified copy of such resolution will be mailed to the occupants and owner/owners, and lien holder/holders thereof, by method described in section 9-2-6-2.9-2-7-6 Notice of Certification of Costs. After a condemned structure/building has been removed at the City's expense, the owner will be provided no less than ten (10) calendar days' prior notice of any action to certify costs by the CityCouncil. If appropriate, any and all lien holders will also be provided no less than ten (10) calendar days' prior notice of any action to certify costs by the City Council.Notice will be provided by the method described in subsection9-2-6-2.
9-2-7-7
Destruction and Removal. Condemned structures/buildings shall be destroyed and removed from the premises.
9-2-7-8
Destruction and Removal by Owner: The owner of any structure that has been condemned by resolution of the City Council is permitted to cause, at his or her own expense, to have the same destroyed and removed within thirty (30) days after the City has provided notice under subsection 9-2-6-2. No person is allowed to repair or refurbish a condemned structure without an agreement approved by the CityCouncil that guarantees repairs will be done in a workmanlike, proper and timely fashion. It is the owner's responsibility to obtain a sponsor for any legislation that would allow the repair or refurbishment of a condemned structure.
9-2-7-9
Destruction and Removal by City. If the condemned structure has not been torn down and removed, or otherwise abated, with 30 days after the notice requirements of od this Article 9-2-7 have been met, then the Senior Code Enforcement Officer or his designated representative shall supervise the removal of any such structure in such a manner as deemed appropriate under existing circumstances. If the structure has a substantial value, it or any saleable materials thereof may be sold at public sale to the highest bidder for cash using procedures provided by law. The costs of removal will be presented to the CityCouncil for certification and collection from the owner.
9-2-7-10
Disposition of proceeds of sale or salvage of condemned structures. All the proceeds of the sale or salvage of any structure, and all fines collected from the provisions of this article shall be paid by the persons collecting the same to the City Clerk/Treasurer or their designated representative. If any such structure, or the saleable materials thereof, be sold for an amount which exceeds all costs incidental to the abatement of the nuisance, including the cleaning up of the premises by the City, plus any fines imposed, the balance thereof will be returned by the City Clerk/Treasurer to the former owners of such house, building and /or structure constituting the nuisance.
9-2-7-11
Lien on property for net costs. If the City has any net costs in removal of any house, building and/or structure, the City shall place a lien on the personal property or real estate property as provided byArk. CodeAnn. §§ 14-54-903 and 14-54-904, as may be amended from time to time. The lien may be enforced in either one of the following manner:
(A) The lien may be enforced at any time within 18months after the work has been done by an action in the Circuit Court; or
(B) The amount of the lien herein provided may be determined at a public hearing before the City Council held after thirty (30) days' written notice has been given. Notice will be provided by the method described in subsection 9-2-6-2, At said public hearing a ten percent (10%) penalty for collection shall be given by the City Council certified to the TaxCollector for White County and by him or her placed on the tax books as delinquent taxes and collected accordingly and the amount less three percent (3%) thereof when so collected, shall be paid to the City bythe County Tax Collector.
9-2-7-12
Transfer of ownership. After receiving a notice of condemnation, it shall be unlawful for the owner of any structure to sell, transfer, mortgage, and lease or otherwise alienate or dispose of the same until:
(A) The property or structure has been caused to conform with this code; orCode.
(B) The owner shall provide the other party a true copy of any notice of violation issued by a Code Enforcement Officer and shall furnish to the Senior CodeEnforcement Officer a signed and notarized statement from the other party accepting responsibility for the property or structure.
9-2-7-13
Court action authorized. In the event it is deemed advisable by theCity Council that a particular house, building and/or structure be judicially declared to be a nuisance by a Court having jurisdiction of such matters, the City Council is hereby authorized to employ an attorney to bring such an action for said purpose in the name of theCity, and the only notice to be given to the owner(s) and mortgagee(s)and/or lien holder(s) of any house, building and/or structure sought to be judicially declared to be a nuisance will be that as now provided for by law in such cases in Circuit Court. When any such house, building and/or structure has been declared judicially to be a nuisance by a Court of competent jurisdiction, a fine of One Hundred Dollars($100.00) is hereby imposed against the owner(s) thereof from the date said finding is made by the Court and for each day thereafter, said nuisance be not abated constitutes a continuing offence punishable by a fine of One Hundred Dollars ($100.00) per day.
9-3-3-1
Accumulation of Rubbish or Garbage. All exterior property and premises of every structure shall be free from any accumulation of rubbish or garbage.
9-3-3-2
Disposal of Rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved locations per Chapter 14 of the Searcy Code of Ordinances.
9-3-3-4
Disposal of Garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in the container the Sanitation Department has provided. Place the garbage in an approved location as provided in the Code of Ordinances or as may be directed by the City.
9-3-2-1
Sanitation. All property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.