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ORDINANCE NO. 18.421
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3 AN ORDINANCE TO AMEND CHAPTER 8 OF THE
4 LITTLE ROCK, ARK., REV. CODE TO PROVIDE FOR
5 AN ADMINISTRATIVE REVIEW PROCESS FOR LIFE
6 SAFETY VIOLATIONS OF THE HOUSING CODE; TO
7 DECLARE AN EMERGENCY; AND FOR OTHER
8 PURPOSES.
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to WHEREAS, the City has conducted an internal review of the manner in which
11 it deals with termination of utility services to rental units after life safety violations of
12 the housing code have been found, and
13 WHEREAS, it has been determined that compliance with the City's rental
14 inspection program would not be undermined by affording an administrative review of
15 findings of life safety violations.
16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
17 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
18 Section 1. Little Rock, Ark., Rev. Code §§ 8- 574 (1988) is hereby amended to
19 add a definition as follows:
20 Life threatening violation means a life safety violation that is
21 deemed by a fire marshall or the neighborhood programs manager or his
22 or her designee to pose an imminent danger of death or serious injury or
23 serious disease.
24 Section 2. Little Rock, Ark., Rev. Code §§ 8- 583(c) (1988) is hereby amended to
25 be read in its entirety as follows:
26 (c) If the premises are found to be in violation of one (1) or more
27 provisions of code compliance, the city shall provide written notice of such violations
28 to the owner. The notice shall:
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1 (1) Be in writing.
2 (2) Include a description of the real estate sufficient for
3 identification.
4 (3) Include a statement why it is being issued.
5 (4) Include a statement to the owner that all repairs must be
6 completed as set forth in subsections 8- 583(d) and (e) below.
7 (5) Include a statement of the procedure for an owner to request an
8 administrative review of non - life safety violations.
9 (6) Require that all necessary permits be secured before corrective
to work starts.
11 (7) State that if repairs, reconstruction, alteration, removal or
12 demolition are not completed within the stated time as set forth in the notice, the code
13 enforcement officer may initiate legal proceedings by charging the person with the
14 violation of this code.
15 (8) Before utilities are terminated for life safety violations at vacant
16 structures, the rental unit shall also be posted with a notice that the utilities are subject
17 to removal pending possible administrative review and with a list of violations deemed
18 to be life safety violations. Additional notice shall be made as follows:
19 a. By delivery to the owner personally, or by leaving the
20 notice at the usual place of abode of the owner with a responsible adult; or
21 b. By depositing the notice in the United State Post Office
22 addressed to the owner at his last known address by certified mail, return receipt
23 requested, with postage prepaid thereon; and
24 c. By depositing the notice in the United States Post Office
25 addressed to the owner at his last known address by regular mail with notarized affidavit
26 stating the date it was deposited in the mail with postage prepaid thereon.
27 Section 3. Little Rock, Ark., Rev. Code §§ 8- 583(d) (1988) is hereby amended to
28 be read in its entirety as follows:
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I (d) The owner shall complete code compliance for life safety violations
2 within thirty (30) days of the notification by the city, or such lesser time deemed
3 necessary by the housing inspector. The city shall not issue a certificate of compliance
4 until the violations are corrected.
5 Section 4. Little Rock, Ark., Rev. Code §§ 8- 583(i) (1988) is hereby amended to
6 be read in its entirety as follows:
7 (i) The city may direct the termination of utility service to a unit
8 containing one (1) or more life safety violations. The city may also direct the
9 termination of utility service to any unit in violation of this subsection upon notice of
10 a change of occupancy or upon a determination that the unit is vacant. Utility service
11 shall not be restored until all life safety violations have been corrected, as determined by
12 a code enforcement officer.
13 (1) With the exception in subsection (4) below, prior to such
14 termination of utilities, the property shall be posted with a notice listing the life safety
15 violations determined to exist and stating the review process available to the property
16 owner if the owner desires to contest the finding of life safety violations. The rental unit
17 shall not be rented or otherwise occupied until life safety violations have been corrected
18 or are no longer found to exist.
19 (2) Beginning March 15, 2001, if, within 72 hours, excluding
20 weekends and holidays, of the posting of the property, the Neighborhood Programs
21 Manager receives a request by the owner for an administrative review of the finding that
22 one (1) or more life safety violations exist, such review will be made within two (2)
23 working days from the request for review. The review shall be conducted by the
24 Neighborhood Programs Manager, the Building Codes Manager, and the Fire Marshall,
25 or their designees, at the rental unit where violations were found to exist. If the review
26 team affirms that one (1) or more life safety violations exist, the utility services may
27 forthwith be terminated. From the effective date of this ordinance until March 15, 2001,
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I a period of 96 hours shall be given for the owner to request an administrative review
2 before utilities may be terminated.
3 (3) If the review team is denied access to inspect the rental unit to
4 review the finding of life safety violations, utility services may then be terminated.
5 (4) If a life safety violation is deemed to be a life threatening
6 violation, no administrative review shall be provided to the owner prior to termination
7 of utilities.
s Section 5. Severability. In the event any title, subtitle, section, subsection,
9 subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this
10 ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
11 adjudication shall not affect the remaining portions of the ordinance which shall remain
12 in full force and effect as if the portion so declared or adjudged invalid or
13 unconstitutional was not originally a part of the ordinance.
14 Section 6. Repealer. All laws, ordinances, resolutions, or parts of the same.,
15 that are inconsistent with the provisions of this ordinance are hereby repealed to the
16 extent of such inconsistency.
17 Section 7. Emergency. The Board has determined that it is essential to the
18 public health, safety and welfare to have in effect a meaningful and effective ordinance
19 to deal with rental inspections. Therefore, an emergency is declared to exist and this
20 ordinance shall be in full force and effect from and after the date of the passage of this
21 Ordinance.
22 PASSED: January 16, 2001
23 ATTEST: APPROVED:
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26 Nane} Woo , City Clerk Jim ailey, Mayor
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4 Thomas M. Carpenter, City ttomey
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