Chapter 54 - ENVIRONMENT | Code of Ordinances | Jackson, MS | Municode Library
  • Chapter 54 - ENVIRONMENT[1]

    Footnotes:
    --- (1) ---

    Cross reference— Buildings and building regulations, ch. 26; cemeteries, ch. 38; floods, ch. 62; health and sanitation, ch. 66; sign regulations, ch. 102; solid waste, ch. 106; sewage disposal standards, § 122-76 et seq.


  • ARTICLE I. - IN GENERAL


  • Sec. 54-1. - Short title.

    This article shall be known as the "Abandoned Shopping Cart Ordinance."

    (Ord. No. 2007-37(4), § 1, 10-9-07)

  • Sec. 54-2. - Findings and purpose.

    The city council of the City of Jackson, Mississippi, finds that abandoned shopping carts in the city create potential hazard to the health and safety of the public, as well as, interfere with pedestrian and vehicular traffic. The accumulation of said abandoned carts, sometimes wrecked and/or dismantled, on public and private property tends to create conditions that reduce property values, and promote blight and deterioration; resulting in the creation of a public nuisance. This article is intended to ensure that measures are taken to prevent the removal of the shopping carts from the owner's premises, to make removal of the cart a violation of this Code, and to facilitate the retrieval of abandoned shopping carts in a manner consistent with state law.

    (Ord. No. 2007-37(4), § 1, 10-9-07)

  • Sec. 54-3. - Definitions.

    The definitions set forth in this section shall govern the application and interpretation of this article.

    Abandoned cart shall mean any cart that has been removed, without the written consent of the owner, from the owner's business premises or parking area of the retail establishment of which the cart owner's business premises are located on either public or private property. The owner's business premises may include a multistore shopping center with shared areas of parking and public access.

    Cart or shopping cart means a basket which is mounted on wheels, or a similar device, generally used in a retail or commercial establishment by a customer for the purpose of transporting goods of any kind, including a basket used in a laundromat or similar business.

    Owner shall mean a person or business owning or using shopping carts in connection with its business.

    (Ord. No. 2007-37(4), § 1, 10-9-07)

  • Sec. 54-4. - Unlawful possession and abandonment of carts.

    This section shall not apply to carts removed from said business, as authorized by the owner, for the purposes of, but not limited to, maintenance, repair or disposal.

    (1)

    It shall be unlawful for any person to remove a shopping cart or laundry cart form the premises or parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

    (2)

    It shall be unlawful for any person to be in possession of any shopping cart or laundry cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

    (3)

    It shall be unlawful for any person to be in possession of any shopping cart or laundry cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

    (4)

    It shall be unlawful for any person to leave or abandon a shopping cart or laundry cart at a location other than the premises or parking area of the retail establishment of the owner of said cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

    (5)

    It shall be unlawful for any person to: 1) Alter, convert, or tamper with a shopping cart or laundry cart; or 2) To remove any part or portion thereof; or 3) To remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

    (6)

    It shall be unlawful to be in possession of any shopping cart or laundry cart, while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

    (Ord. No. 2007-37(4), § 1, 10-9-07)

  • Sec. 54-5. - Reserved.

  • Sec. 54-6. - Enforcement.

    Any person who violates any prohibition of this article shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment.

    (Ord. No. 2007-37(4), § 1, 10-9-07)

  • Sec. 54-7. - City retrieval of carts.

    The city may retrieve an abandoned cart from public property (or private property with the consent of the property owner) in the following circumstances:

    (1)

    Where the location of the shopping cart will impede emergency services;

    (2)

    When the abandoned cart does not identify the owner of the cart, as required in section 54-5; or

    (3)

    When the city has contacted the owner or the owner's agent and notified them of the abandoned cart, and the cart has not been retrieved within 72 hours.

    (Ord. No. 2007-37(4), § 1, 10-9-07)

  • Sec. 54-8. - Impoundment, retrieval, and payment of costs.

    (a)

    If the city retrieves a cart, the city shall hold the cart at a location that is reasonably convenient to the owner where it shall be held until redeemed, sold or otherwise disposed of as provided in this chapter.

    (b)

    Where the city has not already provided notice to the owner that an abandoned cart needs to be retrieved, the city shall notify the owner that the city has impounded their cart, pursuant to MCA 1972, § 21-39-21, as amended. No cart shall be delivered to a person seeking to redeem the same unless proof is submitted establishing, to the satisfaction of the city, such person's ownership or right to possession. Any delivery to a person deemed entitled thereto by the city, from the proof submitted, shall be an absolute defense of the city against any other person claiming to be entitled thereto.

    (c)

    If a cart is not retrieved by its owner within 120 days after the owner has received notice of the cart being impounded, or if the cart's owner cannot be determined within 120 days after the cart has been impounded, the cart may be sold at public auction pursuant to MCA 1972, § 21-39-21, as amended. Any cart or carts may be redeemed by the owner thereof at least two days prior to such public auction upon payment to the city of the sum of $20.00 for each cart. No cart shall be delivered to a person seeking to redeem the same unless proof is submitted establishing, to the satisfaction of the city, such person's ownership or right to possession. Any delivery to a person deemed entitled thereto by the city, from the proof submitted, shall be an absolute defense of the city against any other person claiming to be entitled thereto.

    (Ord. No. 2007-37(4), § 1, 10-9-07)

  • Sec. 54-9. - Use of funds.

    Upon a redemption or sale of a shopping cart, the proceeds shall be deposited in the general funds of the city.

    (Ord. No. 2007-37(4), § 1, 10-9-07)

  • Secs. 54-10—54-45. - Reserved.

  • ARTICLE II. - JUNKED AND ABANDONED VEHICLES[2]


    Footnotes:
    --- (2) ---

    Cross reference— Traffic and vehicles, ch. 118.


  • Sec. 54-46. - Definitions.

    The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Automobile junkyard means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

    Junked vehicle means any motor vehicle which:

    (1)

    Is inoperative and which does not have lawfully affixed thereto both an unexpired license plate and a valid motor vehicle safety inspection certificate and which is wrecked, dismantled, partially dismantled, or abandoned; or

    (2)

    Remains inoperable for a continuous period of more than 120 days.

    Property means any real property within the city which is not a street or highway.

    Street or highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

    Vehicle means a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck trailer, motorcycle, tractor, buggy, and wagon.

    (Ord. No. 1994-25, § 1, 3-22-94)

    Cross reference— Definitions generally, § 1-2.

  • Sec. 54-47. - Application of article.

    Nothing in this article shall affect ordinances that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic.

    (Ord. No. 1994-25, § 7, 3-22-94)

  • Sec. 54-48. - Penalty for violation of article.

    Upon conviction for violation of any provisions of this article relating to the maintaining of a public nuisance, as described in this article or in permitting or allowing such public nuisance to exist, such violator shall be guilty of a misdemeanor and, upon conviction, shall be fined in an amount not exceeding $500.00 or be imprisoned in the city jail for a period not exceeding 90 days, or by both. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this article.

    (Ord. No. 1994-25, § 8, 3-22-94)

  • Sec. 54-49. - Location or presence within city deemed public nuisance; exceptions.

    The location or presence of any junked vehicle on any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the city shall be deemed a public nuisance, and it shall be unlawful for any person to cause or maintain such public nuisance by wrecking, dismantling, rendering inoperable, abandoning or discarding his vehicle on the property of another or to suffer, permit or allow the same to be placed, located, maintained or exist upon his own real property; provided, however, that this section shall not apply to:

    (1)

    A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

    (2)

    A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or automobile junkyard; or

    (3)

    Unlicensed inoperable vehicles stored on private property; provided, however, that the vehicles and outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view.

    (Ord. No. 1994-25, § 2, 3-22-94)

  • Sec. 54-50. - Abatement or removal order; contents; service.

    (a)

    Whenever such public nuisance exists in the city in violation of this article, the chief of police, who shall administer this article, his designees, the building official or his designees shall give not less than ten days' notice to the owner of the real property or the occupant, if any, of the premises whereon such public nuisance exists, to abate or remove the same, stating the nature of the public nuisance on private property and that it must be removed and abated within ten days. A request for a hearing must be made before expiration of the ten-day period by the aggrieved person. Such notice shall be mailed by certified or registered mail with a five-day return receipt requested, to the owner or the occupant of the private premises whereupon such public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten days from the date of such return.

    (b)

    Whenever such public nuisance exists in the city in violation of this article, the chief of police, his designees, the building official or his designees shall give not less than a ten-day notice, stating the nature of the public nuisance on the public property or on a public right-of-way and that it must be removed and abated within ten days. A request for a hearing must be made before expiration of the ten-day period. Such notice shall be mailed by certified or registered mail with a five-day return receipt requested, to the owner or the occupant of the public premises or to the owner or the occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten days from the date of such return.

    (c)

    A public hearing prior to the removal of the vehicle or part thereof as a public nuisance is to be held before the city council, when such a hearing is requested by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within ten days after service of notice to abate the nuisance. Any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site.

    (Ord. No. 1994-25, § 3, 3-22-94)

  • Sec. 54-51. - Removal with permission of owner or occupant.

    If within ten days after receipt of notice from the chief of police, his designees, the building official or his designees to abate the nuisance, as provided in this section, the owner or occupant of the premises shall give his written permission to the chief of police, his designees, or the building official for removal of the junked motor vehicle from the premises. The giving of such permission shall be considered compliance with the provisions of section 54-50.

    (Ord. No. 1994-25, § 4, 3-22-94)

  • Sec. 54-52. - Disposal of junked vehicles; redemption.

    (a)

    If such public nuisance is not abated by the owner or occupant after notice is given in accordance with this article, official action shall be taken by the city to abate such nuisance. Junked vehicles or parts thereof shall be impounded until lawfully claimed or disposed of in accordance with MCA 1972, §§ 63-23-1—63-23-11.

    (b)

    Vehicles so impounded shall be held for 90 days and thereafter shall be disposed of with all rights of ownership being forfeited. Anytime prior to the expiration of the 90 days, the record title holder shall be allowed to redeem the vehicle upon the payment of all costs including towing, storage and other such administrative costs as may be determined.

    (Ord. No. 1994-25, § 5, 3-22-94)

  • Sec. 54-53. - Authority to enforce article.

    The chief of police, his designees, the building official or his designees may enter upon private property for the purposes specified in this article to examine vehicles or parts thereof, obtain information as to the identity of vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. The city council shall have the authority to issue all orders necessary to enforce this article.

    (Ord. No. 1994-25, § 6, 3-22-94)

  • Secs. 54-54—54-85. - Reserved.

  • ARTICLE III. - NOISE[3]


    Footnotes:
    --- (3) ---

    Editor's note— Ord. No. 2006-68(6), § 1, adopted Oct. 10, 2006, repealed and re-enacted art. III, §§ 54-86—54-92, to read as herein set out. Formerly, said article pertained to similar subject matter as enacted by Ord. No. 1991-54, §§ 1—6, adopted Dec. 3, 1991; as amended.

    State Law reference— Municipal authority to regulate noise, MCA 1972, § 21-19-15.


  • Sec. 54-86. - Purpose.

    This article is enacted to protect, preserve and promote the health, safety, welfare, peace and quiet for the citizens of the City of Jackson through the reduction, control and prevention of noise. It is the intent of this chapter to establish standards that will eliminate and reduce unnecessary and excessive motor vehicle and community noise, which are physically harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and conduct of business.

    (Ord. No. 2006-68(6), § 1, 10-10-06)

  • Sec. 54-87. - Definitions.

    The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Ambient sound level shall mean the A-weighted sound level of all sound associated with a given environment, exceeded 90 percent of the time (L90) measured and being a composite of sounds from many sources during the period of observance while the sound from the noise source of interest is not present.

    A-weighted sound pressure level shall mean the sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is dB(A).

    Commercial power equipment shall mean any equipment or device rated at more than five horsepower and used for building repairs or property maintenance excluding snow removal equipment.

    Commercial premises shall mean any land parcel with buildings where the use of less than 50 percent of the gross floor area meets the definition of residential premises.

    Construction equipment shall mean any device or mechanical apparatus operated by fuel, electric, pr pneumatic power in the excavation, construction, repair, or demolition of any building, structure, land parcel, street, alley, waterway, or appurtenance thereto.

    Decibel shall mean a logarithmic unit of measure often used in measuring magnitudes of sound. The symbol is dB.

    Domestic power equipment shall mean any equipment or device rated at five horsepower or less and used for building repairs or grounds maintenance excluding snow removal equipment.

    Emergency vehicle shall mean an authorized motor vehicle that has sound warning devices such as whistles, sirens and bells which can lawfully be used when responding to an emergency, or during a police activity or which is required by state or federal regulations (i.e., reverse alarms).

    Emergency work is an activity made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from exposure to imminent danger. It includes work by private or public entities for providing or restoring immediately necessary service as well as all situations deemed necessary by the city.

    Motor vehicle shall mean any vehicle which is self propelled, used primarily for transporting persons or property upon public roadways and required to be licensed according to motor vehicle registration laws. The term motor vehicle shall not mean include: Aircraft, watercraft, motor vehicles operated on private property for recreational or amusement purposes, vehicles used exclusively on stationary rails, or specialized utility vehicles normally used only on private property in the daily course of business such as forklifts, and pallet movers.

    Muffler-approved type shall mean an apparatus consisting of a series of chambers, baffle plates or other mechanical devices designed for the purpose of receiving and transmitting exhaust gases and which reduce sound emanating from such an apparatus by at least 20 decibels from the non-muffled condition.

    Noise shall mean sound that is unwanted and which causes or tends to cause adverse psychological or physiological effects on human beings.

    Person shall mean any person, firm, association, organization, partnership, business, trust, corporation, state or federal government agency, district, or any officer or employee thereof.

    Premises shall mean any building, structure, land, utility or portion thereof, including all appurtenances, and shall also include yards, lots, courts, inner yards and real properties without buildings or improvements, owned or controlled by a person.

    Property line shall mean that real or imaginary line and its vertical extension which separated real property owned or controlled by any person from contiguous real property owned or controlled by another person. The vertical and horizontal boundaries of a dwelling unit in a multi-dwelling-unit building, condominium, or townhouse complex shall not be considered property lines separating one premises from another.

    Public premises shall mean all real property including appurtenances thereon which is owned or controlled by any governmental entity and shall include streets, alleys, parks and waterways.

    Residential premises shall mean any premises where single or multiple dwelling units exist and shall include primary schools, churches, nursing homes and similar institutional facilities including any commercial premises where the use of more than 50 institutional facilities including any commercial premises where the use of more than 50 percent of the gross floor area meets definition of residential premise.

    Sound shall mean an oscillation in pressure, stress, particle, displacement and particle velocity which includes auditory sensation.

    Tree maintenance equipment shall mean any equipment used in trimming or removing trees only and shall not be limited to chainsaws, chippers and stump removers.

    (Ord. No. 2006-68(6), § 1, 10-10-06)

  • Sec. 54-88. - Noise sound pressure level measurement instrumentation.

    The instrumentation for determining noise sound pressure levels shall be with a sound level meter of standard design.

    (Ord. No. 2006-68(6), § 1, 10-10-06)

  • Sec. 54-89. - Inspections.

    (a)

    For the purpose of determining compliance with the provisions of this chapter, the chief of police or their authorized representatives are hereby authorized to make inspections of all noise sources and to take measurements and tests whenever necessary to determine the quantity and character of noise. If any person refuses or restricts entry and free access to any part of a premise, or refuses inspection, testing or noise measurement of any activity, device, facility, motor vehicle, or process where inspection is sought, the manager or the chief of police or their authorized representatives may seek from the appropriate court a warrant for inspection requiring that such person permit entry and free access without interference, restriction or obstruction, at a reasonable time, for the purpose of inspecting, testing or measuring noise. Any appropriate court shall have power, jurisdiction and authority to enforce all orders issued under the provisions of this article.

    (b)

    It shall be unlawful for any person to refuse to allow or permit the chief of police free access to any premise when they or their authorized representative is acting in compliance with a warrant for inspection and order issued by the appropriate court.

    (c)

    It shall be unlawful for any person to violate the provisions of any warrant or court order requiring inspection, testing or measurement of noise or noise services.

    (d)

    No person shall hinder, obstruct, delay, resist, prevent in any way, interfere or attempt to interfere with any authorized person while in the performance of their duties under this chapter. Restrictions and measurements of noise between source and receiving premises (Table A).

    (e)

    It shall be unlawful for any person to emit or cause to be emitted any noise which leaves the premises on which it originates, crosses a property line, and enters onto any other premises in excess of the sound pressure levels during the time periods as specified in Table A. It is further unlawful for any person to emit or cause to be emitted any noise within the public premises in excess of the limits defined in Table A.

    (1)

    The noise source shall be measured at any point along the property line or within the property line of the receiving premises to determine compliance with this article.

    (2)

    When it is determined that the ambient sound level at the receiving premises equals or exceeds the maximum allowable sound pressure level specified in Table A, then the ambient sound level is the standard which cannot be exceeded by the source.

    Table A:
    Allowable Noise Levels (in dBA) with Time of Day Allowance

    Source premises dBA allowance receiving property within the City of Jackson
    Residential 55
    Commercial 57

     

    The maximum permissible sound levels established by this subchapter shall be reduced or increased by the sum of the following:

    Between the hours of 10:00 p.m. and 7:00 a.m. during weekdays, and between the hours of 10:00 p.m. and 9:00 a.m. on weekends, the levels established are reduced by ten dBA where the receiving property lies within a residential district of the city.

    (Ord. No. 2006-68(6), § 1, 10-10-06)

  • Sec. 54-90. - Exemptions.

    The maximum permissible sound pressure levels as specified in Table A shall not apply to sounds emitted from:

    (1)

    Any bell or chime from any building clock, school or church, not including any amplified bell or chime sounds emitted from loudspeakers.

    (2)

    Any siren, whistle or bell lawfully used by emergency vehicles or any other alarm systems used in case of fire, collision, civil defense, police activity or imminent danger, provided however, that burglar alarms not terminating within 15 minutes after being activated shall be deemed a nuisance and unlawful.

    (3)

    Any aircraft in flight subject to federal law regarding noise control and any helicopter in the act of landing or taking off at a helipad licensed by the city so long as the helicopter is not landing or taking off in violation of any conditions or restrictions of the helipad's license.

    (4)

    Any funeral bells and/or chimes used in funeral and/or burial processions.

    (5)

    Sounds which originate at airports and are directly related to flight operations.

    (6)

    Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community.

    (7)

    Sounds created by natural phenomena.

    (8)

    Sounds created by auxiliary equipment on motor vehicles used for maintenance.

    (9)

    The musical instruments of any school marching band while performing any sporting event or marching band competition, and the musical instruments of any school.

    (10)

    Repairs or excavations of bridges, streets or highways by or on behalf of the City of Jackson, the state or the federal government from the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between the hours of 7:00 a.m. and 7:00 p.m.

    (11)

    Outdoor school and playground activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic and school entertainment events.

    (12)

    Other outdoor events. Outdoor gatherings, public dances, shows and sporting events, and other similar outdoor events, provided that a permit has been obtained from the appropriate permitting authority.

    (13)

    Construction operations for which building permits have been issued, or construction operations not requiring permits due to ownership of the project by an agency of government, provided such equipment is operated with the manufacturing mufflers and noise reducing equipment in use and in proper operating condition.

    (14)

    All noises resulting from normal operations of railroad trains are exempt.

    (15)

    Use of public address systems in any ballpark or stadium while an athletic contest or any other public event is in progress.

    (16)

    Any other noise not specifically exempted herein resulting from activities of a temporary duration and for which a permit has been granted by the chief of police.

    (Ord. No. 2006-68(6), § 1, 10-10-06)

  • Sec. 54-91. - Enforcement.

    (a)

    The following individuals shall enforce this article: The chief of police will have the primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this article shall prevent the chief of police from obtaining voluntary compliance by way of warning, notice, or education. Any law enforcement officer, citizen, or individual over the age of 18 may file a complaint with the appropriate court to enforce the noise regulations contained herein.

    (b)

    If a person's conduct would otherwise violate this article and consists of speech or communication; of a gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political or religious questions, the person must be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued.

    (Ord. No. 2006-68(6), § 1, 10-10-06)

  • Sec. 54-92. - Penalties.

    (a)

    A person who violates a provision of this article is guilty of a misdemeanor which is punishable by a fine of not less than $250.00 nor more than $500.00 or imprisonment not to exceed 60 days, or both.

    (b)

    Each occurrence of a violation or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately.

    (Ord. No. 2006-68(6), § 1, 10-10-06)

  • Secs. 54-93—54-125. - Reserved.

  • ARTICLE IV. - ABANDONED STRUCTURES[4]


    Footnotes:
    --- (4) ---

    Editor's note— Ord. No. 2010-22(2), §§ 1—5, adopted June 15, 2010, did not specifically amend the Code; therefore, these provisions have been included as Art. IV, §§ 54-126—54-130, at the editor's discretion.


  • Sec. 54-126. - Initiation of proceedings.

    (a)

    Proceedings shall be commenced and/or instituted by the City of Jackson to have demolished or seized an abandoned house or building that is used for the sale or use of drugs. The governing authorities of the City of Jackson may sell, transfer or otherwise convey or use an abandoned house or building for suitable municipal purposes. The local law enforcement authority of the City of Jackson shall have documented proof of drug sales or use in the abandoned property before proceedings to have the property demolished or seized are commenced and/or initiated.

    (b)

    (1)

    The City of Jackson shall institute proceedings under this section to have an abandoned house or building demolished or seized if the governing authority determines, that the house or building is a menace to the public health and safety of the community and that it constitutes a public hazard and nuisance.

    (2)

    Upon the receipt of a petition requesting the municipality to demolish or seize an abandoned house or building that constitutes a public hazard and nuisance signed by a majority of the residents residing within 400 feet of the property, the governing authority shall notify the property owner that the petition has been filed and that a date for a hearing on the petition has been set.

    (Ord. No. 2010-22(2), § 1, 6-15-10)

  • Sec. 54-127. - Notice.

    Notice to the property owner shall be by United States mail, or if the property owner or the owner's address is unknown, publication of the notice shall be made twice each week during two successive weeks in a public newspaper of Hinds County, Mississippi; where there is no newspaper in Hinds County, Mississippi, the notice shall be published in a newspaper having a general circulation in the state of Mississippi. The hearing shall be held not less than 30 nor more than 60 days after service or completion of publication of the notice.

    (Ord. No. 2010-22(2), § 2, 6-15-10)

  • Sec. 54-128. - Public hearing.

    At the hearing, the governing authority shall determine whether the property is a menace to the public health and safety of the community which constitutes a public hazard and nuisance. If the governing authority determines that the property is a public hazard and nuisance, the municipality shall: 1) spread their determination across the minutes; and 2) institute proceedings under section 54-129 of this article to demolish or seize the abandoned house or building.

    (Ord. No. 2010-22(2), § 3, 6-15-10)

  • Sec. 54-129. - Filing of petition.

    The municipality shall file a petition to declare the abandoned property a public hazard and nuisance and to have the property demolished or seized with the circuit clerk of the county in which the property or some part of the property is located. All of the owners of the property involved, and any mortgagee, trustee, or other person having any interest in or lien on the property shall be made defendants to the proceedings. The circuit clerk shall present the petition to the circuit judge who, by written order directed to the circuit clerk, shall fix the time and place for the hearing of the matter in term time or vacation. The time of the hearing shall be fixed on a date to allow sufficient time for each defendant named to be served with process, as otherwise provided by law, not less than 30 days before the hearing. If a defendant or other party in interest is not served for the specified time before the date fixed, the hearing shall be continued to a day certain to allow the 30-day period specified.

    (Ord. No. 2010-22(2), § 4, 6-15-10)

  • Sec. 54-130. - Costs.

    Any cost incurred by a municipality under this section for demolishing or seizing abandoned property shall be paid by the owners of the property.

    (Ord. No. 2010-22(2), § 5, 6-15-10)

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