Friday, March 11, 2016

Right to Inspect Any House Is In the Jonesboro Arkansas Property Maintenance Code

by Debbie Pelley, Letter to Editor: The Right of Entry into a person's home for inspection is surely the most controversial aspect of the Jonesboro Property Maintenance Code and involves the most disinformation. There was very little controversy until the interior of premises was added.

The proponents of the Code adamantly declare the government can't come into your house without your permission. Opponents of the code declare the opposite based on the code itself: "104.3 Right of Entry. The code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code...If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. Pg 7 at this link: http://www.jonesboro.org/DocumentCenter/View/2001

Common sense indicates that since the code was extended to the interior, the code officials always intended to get inside your home. Why else would fourteen pages of the code concern only the interior of existing structures?

Say we agree [even though we don't] with those who say you have to give permission or the code official has to go to a judge and get a warrant to come into your home. The code says 106.1 "Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code." Do any of us want to live with the fear of the government coming into our homes or businesses and being found guilty? Even the thought of that interruption is like being notified by the IRS that you are being audited while you are dealing with other crises in your life. And senior adults are nearly always dealing with some health crisis of themselves, their siblings, or friends.

Who even wants a judge to be able to decide based on the law (the code is now law) that a code official can come into your house and inspect it? The judge has to make his decision based on the law. Until now, individuals had to be suspected or guilty of some crime for a warrant to be issued to enter your home. Under this law, you are guilty if you don't meet the requirements of their code even though it is your property.

The people who favor the code often mention that the rundown properties decrease their property values. The inside of the house never decreases the property value; it is the exterior that decreases property values. You don't have to come into the home to deal with that.

So, why should we be subjected to one more fear and interruption from the government?
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Debbie Pelley is both a respected contributor. She lives in Jonesboro, Arkansas

Tags: Jonesboro, Arkansas, Jonesboro Property Maintenance Code, right to Inspect, inside your home, Debbie Pelley, Letter to EditorTo share or post to your site, click on "Post Link". This site is an Outreach of the ARRA News Service.

2 comments:

Stephen Robbins said...

Maybe the people doing that should have there homes checked out. They probably own weapons with out a permit!

Bill Smith said...

Yeah, but have no doubt big government wants a right to inspect private property w/ a warrant -- which is home invasion.