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ORDINANCE NO. 16,659
AN ORDINANCE AMENDING CHAPTER 8 OF
LITTLE ROCK, ARK. REV. CODE (1988),
ESTABLISHING SYSTEMATIC CITYWIDE
INSPECTIONS OF RESIDENTIAL RENTAL
PROPERTIES, PROVIDING REGULATIONS
AND PROCEDURES FOR INSPECTION OF
RENTAL HOUSING UNITS, PENALTIES FOR
VIOLATIONS THEREOF; AND DECLARING
AN EMERGENCY.
WHEREAS, Little Rock, Ark. Rev. Code Sec. 8 -355 (1988)
(hereinafter "LRC") provides that the city has a right of entry
for the purpose of inspecting structures for compliance with the
housing code; and,
WHEREAS, LRC Sec. 8 -357 provides for inspection of
dwellings and premises to insure compliance with the housing
code; and
WHEREAS, currently the City only inspects premises for
housing code compliance upon complaint of suspected code
violations; and
WHEREAS, a significant amount of the City's housing stock
is rental housing which is not maintained in code compliance by
the owners because violations are not reported to the city
inspectors; and
WHEREAS, many housing code violations existing in the City
will not be corrected by the owners unless the City initiates a
periodic inspection program to advise the owners of the
violations, to allow a reasonable time to cure the violations,
and to enforce code compliance through the municipal court; and
WHEREAS, in the interest of the health, safety and welfare
of tenants and all of the citizens of the City of Little Rock,
it is necessary that the City institute a program of systematic
citywide inspection of rental housing units.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. Chapter 8 of the Little Rock, Ark. Rev. Code
(1988) is hereby amended to add the following article:
Akct`ICLE VIII. REN'T'AL INSPECT!%jNS
1 Sec. 8 -571. These regulations shall be known as the Rental
Inspection Program of the City of Little Rock, may be cited as
2 such, and may be referred to herein as "this articles.
3 Sec. 8 -572. Purpose. The purpose of this article is to
4 safeguard the stock of decent, safe and sanitary rental housing
5 within the city and to protect the owners, tenants and their
6 invitees by providing for systematic citywide inspections of
rental housing and the public areas therein to insure housing
7 code compliance.
8 Sec. 8 -573. Scope. The provisions of this article shall
9 apply to all rental housing units located within the city,
10 except those units that are owned or managed by the Little Rock
Housing Authority or other public housing owned by the State of
11 Arkansas or the United States Government.
12 Sec. 8 -574. Definitions. For the purposes of this article,
13 certain words, phrases, terms and their derivatives shall be
14 construed as specified herein. Words, phrases and terms used in
15 this article but not specifically defined herein, shall have the
meaning stated in the housing code of the City of Little Rock.
16 Where not defined in this article or in the housing code, such
17 words, phrases and terms shall have the meaning generally
18 prescribed by dictionary definition.
19 Code compliance - The standards enumerated in the housing
20 code, Chapter 8, Article V of the Little Rock, Ark. Rev. Code
(1988) are the minimum housing code requirements of the city.
21 For purposes of this article, reference to the terms "code
22 compliance" shall mean compliance with all provisions of the
23 housing code as detailed in the technical standards in the
24 administrative guidelines of the Rental Inspection Program.
25 Rental housing unit - A rental housing unit is defined the
same way as a dwelling unit in Sec. 8 -327 of this chapter, which
26 states:
27 Dwelling unit means any room or group of rooms within a
28 dwelling and forming a single habitable unit with facilities
29 which are used or intended to be used for living, sleeping,
30 cooking or eating, whether or not such unit is occupied or
vacant. "Dwelling unit" shall be construed as if followed by the
31 words "or any part thereof, including the common areas".
32 The only difference between a dwelling unit and a rental
33 housing unit is that a rental housing unit is intended to be
34 leased or rented to the occupant.
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Life Safety violation means a housing code violation which
1 is deemed by the building official to constitute an unsafe
condition presenting an immediate danger to human health, safety
2 or welfare.
3 Sec. 8 -575. Administration. The building official is
4 authorized to administer the provisions of this article.
5 Sec. 8 -576. Rental Inspection Program. The systematic
6 Rental Inspection Program is part of the overall effort by the
city to encourage conservation of existing residential rental
properties. Owners of rental housing units are required to bring
8 and to maintain these units in code compliance.
9 Sec. 8 -577. Systematic Inspection. The City of Little Rock
10 hereby institutes a systematic code enforcement program that
will insure that all rental housing units within the city are
11 inspected over time.
12 Sec. 8 -578. Implementation of Systematic Inspection. Areas
13 of implementation will be selected and priority will be
14 established by the City Manager as outlined in the
15 administrative guidelines of the Rental Inspection Program.
16 Sec. 8 -579. Certificate of Compliance Required. No person
shall rent, let or allow the occupancy of any rental housing
17 unit without a valid, current certificate of compliance for the
18 unit. Certificates of compliance are valid until revoked for
19 violations of this article. Each violation shall be punishable
20 as provided in LRC Sec. 1 -9 in addition to any remedial action
which shall be deemed necessary pursuant to the inherent power
21 of the court. Each day a violation continues after a compliance
22 date specified in any notice by the city shall be deemed a
23 separate offense.
24 Sec. 8 -580. Occupancy. As of the effective date of this
25 ordinance, all rental housing units which have not been
inspected as required by this article may continue to remain
26 occupied until such time as the initial biennial inspection is
27 conducted, whereupon the provisions relating to occupancy as
28 provided by this article shall apply.
29 Sec. 8 -581. Frequency of Inspections. All rental housing
30 units shall be systematically inspected for code compliance
every two (2) years, sometimes referred to herein as the
31 "biennial inspection ". Biennial inspections shall begin on
32 October 1, 1994.
33 Sec. 8 -582. Additional Inspections. In addition to the
34 biennial inspection, each rental housing unit may be subject to
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more frequent inspections upon the following events:
1 (1) the owner requests an inspection of the unit upon
notice to the district supervisor; or
2 (2) the city receives a complaint regarding the condition
3 of the unit and inspection or reinspection is necessary; or
4 (3) the unit is affected by fire, vandalism, storm or other
5 natural disaster; or
6 (4) title to the unit is conveyed or otherwise transferred
to another party, either voluntarily or involuntarily.
7 Sec. 8 -583. Inspection Procedure.
8 (a) It shall be the responsibility of the owner, tenant or
9 agent in charge of the unit to provide access to the housing
10 inspector into all areas subject to inspection under this
article, pursuant to Sec. 8 -355 and Sec. 8 -357. The housing
11 inspector may obtain an administrative search warrant in order
12 to gain access to the rental housing unit. The legislative
13 finding that rental housing units should be inspected to ensure
14 compliance with the housing code for the health, safety and
15 welfare of the occupants shall be deemed to be probable cause
for the issuance of the warrant.
16 (b) Upon completion of inspection, the city shall issue a
17 certificate of compliance for the unit when the unit is deemed
18 to be in code compliance.
19 (c) If the premises are found to be in violation of one or
20 more provisions of code compliance, the city shall provide
written notice of such violations to the owner pursuant to Sec.
21 20 -28. The city shall not issue a certificate of compliance
22 until the violations are corrected.
23 (d) The owner shall complete code compliance for Life
24 Safety violations within thirty (30) days of the notification by
25 the city, or such lesser time deemed necessary by the building
official.
26 (e) Code Compliance for all violations not deemed to be
27 Life Safety violations shall be completed within the time
28 specified by the building official, not to exceed one hundred
29 twenty (120) days from the date of inspection which revealed the
30 violation.
(f) If the owner fails to abate the violations determined
31 by inspection within the time periods prescribed, the city shall
32 proceed with prosecution of the violations in municipal court.
33 (g) The city may direct the termination of utility service
34 to a unit containing one or more Life Safety violations pending
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fir, I
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code compliance. The city may also direct the termination of
lutility service to any unit in violation of this chapter upon
notice of a change of occupancy or upon a determination that the
2 unit is vacant. Utility service shall not be restored until code
3 compliance has been achieved, except that temporary service may
4 be authorized pursuant to Sec. 8 -336.
5 Sec. 8 -584. Certificate Transferability. A certificate of
6 compliance issued pursuant to this article may be transferable
to succeeding owners; provided that within five (5) business
days of the transfer, the transferor shall provide written
8 notice of said transfer to the building official. Such notice
9 shall contain the name and address of the new owners. A transfer
10 shall not affect the time limits imposed by this article.
11 Sec. 8 -585. Display of Certificate. The certificate of
compliance shall be displayed at all times in a conspicuous
12 place on the premises. Upon request of the city, an existing or
13 prospective tenant, the owner or agent shall display the
14 certificate.
15 Sec. 8 -586. Annual Report. The building official shall
prepare a report each year concerning the administration of the
16 Rental Inspection Program. The annual report shall describe the
17 number of inspections performed, the corrections made and
18 enforcement measures taken. The annual report shall be submitted
19 to the City Manager in January of each year.
20 SECTION 2. Severability. The sections of this ordinance
shall be severable. In the event any section of this ordinance
21 is found by a court of competent jurisdiction to be
22 unconstitutional, the remaining sections of this ordinance are
23 valid, unless the court finds the valid sections are so
24 essentially and inseparably connected with and so dependent upon
25 the void section that it cannot be presumed that the Board of
Directors would have enacted the valid sections standing alone;
26 or unless the court finds that the valid sections, standing
27 alone, are incomplete and are incapable of being executed in
28 accordance with the legislative intent.
29 SECTION 3. Emergency Clause. The provision and maintenance
30 of safe, decent and sanitary rental housing stock is vital for
the protection of the health, safety and welfare of the citizens
31 of the city. This ordinance, which provides for systematic
32 inspections of all rental housing units to ensure housing code
33 compliance, is deemed necessary for the preservation of the
34 public welfare. It is hereby declared to be an emergency measure
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and shall become effective immediately upon passage and approval
by the Board of Directors.
PASSED: May 17, 1994
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CLERK CITY
APPROVED AS TO FORM:
THOMAS M. CARP
CITY ATTORNEY
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