West Frankfort — Title 15 Ch. 15.28 Housing Code § 15.28.080
Conflicting provisions
Operative Text
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of the city existing on the date of the ordinance codified in this chapter, the provision which established the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the city existing on the effective date of the ordinance codified in this chapter which established a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are declared to be repealed to the extent that they may be found in conflict with this ordinance.
Section 15.28.080 of West Frankfort's Housing Code establishes a hierarchy for resolving conflicts between the Housing Code and other local ordinances. When the Housing Code conflicts with zoning, building, fire, safety, or health codes, whichever provision sets the higher standard for public health and safety takes precedence. When the Housing Code conflicts with any other city ordinance that sets a lower standard, the Housing Code prevails and the conflicting lower-standard provision is effectively repealed to the extent of the conflict.
Plain English — not legal advice.
Under § 15.28.080, property owners and managers operating in West Frankfort should be aware that compliance obligations are determined by whichever applicable city code sets the stricter health and safety standard. When multiple local codes appear to govern the same condition — such as fire safety, zoning, or building standards — the higher-standard rule controls. Operators generally review all potentially applicable city ordinances to identify which standard is most demanding and calibrate their practices accordingly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 15.28.080 means that tenants in West Frankfort benefit from the most protective standard available across overlapping city codes, since the Housing Code is designed to prevail over any local ordinance that would set a lower bar for health and safety. If a landlord argues that a different city ordinance permits a condition that the Housing Code would prohibit, this provision may be relevant to that dispute. Tenants who believe a property condition violates applicable standards can explore options such as contacting the city's code enforcement office, raising the conflict-of-provisions rule as part of a complaint, or reaching out to a local tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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