202541
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ORDINANCE NO. 20,2541
2010022689 Received: 4/22/2010 1:38:33 PM
Recorded: 04/2I 01:45:47 PM Filed &
Recorded Official
Rt
PULASKI COUNTY R CLERK
Fees ,e
3 AN ORDINANCE TO AMEND CHAPTER 20 OF THE CODE OF
4 ORDINANCES TO MODIFY CERTAIN PROCEDURES AND
5 DEFINITIONS; TO REQUIRE REGISTRATION OF MOBILE HOMES
6 AND MANUFACTURED HOMES WITHIN THE CITY; TO ESTABLISH
7 TIME FRAMES FOR COMPLIANCE; TO BAN MOBILE HOMES BUILT
8 PRIOR TO 1976 FROM BEING BROUGHT INTO THE CITY FOR
9 RESIDENTIAL PURPOSES; TO CLARIFY REQUIREMENTS
10 REGARDING NEEDED REPAIRS AND REPLACEMENTS; TO
11 REQUIRE CERTAIN INSPECTIONS: TO DECLARE AN EMERGENCY;
12 AND FOR OTHER PURPOSES.
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14 WHEREAS, Ordinance No. 20,093 (March 31, 2009), now codified in article IV of chapter 20 of the
15 Code of Ordinances, was passed by the Board of Directors to maintain and improve the integrity and
16 value of the segment of housing comprised of manufactured homes and mobile homes, to the benefit of
17 the City's inhabitants and the City as a whole; and
18 WHEREAS, since the passage of Ordinance No. 20,093, the City Board of Directors has determined
19 that it is necessary and desirable to implement a mobile home and manufactured home registration
20 program to ensure that mobile homes and manufactured homes now within the City and manufactured
21 homes brought into the City in the future for residential purposes are identified and properly maintained;
22 and
23 WHEREAS, the age of mobile homes built prior to 1976 makes such structures less safe and much
24 more difficult to repair according to modern safety standards; and
25 WHEREAS, matters concerning the time and procedure for compliance with the mobile home and
26 manufactured home maintenance ordinance provisions need to be clarified; and
27 WHEREAS, modifications to article II of chapter 20, which concerns unsafe buildings or structures,
28 are necessary to make required service of notice comport with recent changes in state law and to provide a
29 change in the definitions of substandard dwelling or structure and dilapidated building or structure made
30 necessary because of the passage of the maintenance of mobile homes and manufactured homes
31 ordinance; and
[PAGE 1 OF 8]
ORDINANCE
To amend Chapter 20 of the Code to add a mobile home and
manufactured home registration program, to ban future
importation of pre -1976 mobile homes, clarify requirements,
modify definitions and notice procedures, and require certain inspections
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WHEREAS, it is ne essary to correct certain notice procedures and typographical errors in article I,
chapter 20.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
Section 1: Chapter 20, article IV, section 20 -72 of the Little Rock Code of Ordinances is hereby
amended to add additiona definitions, in alphabetical order, to read as follows:
Life safety vi lation means a violation of this maintenance ordinance that is deemed
by the code enforcement officer to constitute an unsafe condition that presents an
immediate danger to human health, safety or welfare.
Life-threateniIng violation means a violation of this maintenance ordinance which is
deemed by the II fire marshal or the director of the department of housing and
neighborhood prdgrams or the director's designee to pose an imminent danger of death,
serious injury or serious disease.
New manufactured home means a manufactured home that is under the
manufacturer's initial one (1) -year warranty period.
Non -life safe violation means a violation of this maintenance ordinance that is
deemed by the code enforcement officer to constitute a condition that does not present an
immediate danger to human health, safety, or welfare.
Section 2: Chapter 20, article IV, section 20 -79 is hereby deleted in its entirety and replaced by a
new section 20 -79 to read as follows:
20 -79. Repairs. Needed repairs, including replacements, identified by the code
officer shall be made within the following time frames and in compliance with the
following require>I<rlents:
(a) ithin the time set forth in the notice of a life- threatening violation, the
owner or owner's agent shall make the required repairs.
(b) ithin thirty (30) days of the issuance of a notice of violation of a life
safety violation, the owner or owner's agent shall make the required repairs.
(c) Within thirty (30) days of the issuance of a notice of violation of a non-
life safety violation, the owner or owner's agent shall initiate the repairs. The
owner shall complete any repairs initiated within sixty (60) days from the
issuance of the notice.
(d) I the owner has completed all repairs to correct life- threatening and life
safety violations and has initiated repairs for the non -life safety violations, an
[PAGE 2 OF 8]
ORDINANCE
To amend Chapter 20 of the Code o add a mobile home and
manufactured home registration pro ram, to ban future
importation of pre -1976 mobile h;es, clarify requirements,
modify definitions and notice procedures, and require certain inspections
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extens
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not to exceed sixty (60) additional days, may be granted if the request
Led in writing to the director of the department of housing and
neighbort. ood programs outlining the reasons for a request for extension.
(e) If a life- threatening or a life safety violation is resolved by the property
becoming vacant and the utilities having been removed, the violation shall be
corrected within the time frame established for a non -life safety violation. The
unit shall not be reoccupied until all life - threatening or life safety violations have
been corrected.
(f) U less determined otherwise by the inspecting code officer, any electrical
repairs or electrical fixture replacement shall be performed only by a State of
Arkansas licensed master electrician or, when the home is under manufacturer's
warranty, by a person authorized under the warranty to perform repairs.
Compliance with the required repairs shall be established by a written receipt
showing the required work was performed by a State of Arkansas - licensed
master electrical contractor or that the work was accomplished according to the
warranty.
(g) nless determined otherwise by the inspecting code officer, any
plumbing repairs or plumbing fixture replacement shall be performed only by a
State of Arkansas - licensed master plumber, or, when the home is under
manufacturer's warranty, by a person authorized under the warranty to perform
repairs. ompliance with the required repairs shall be established by a written
receipts owing the required work was performed by a State of Arkansas -
licensed master plumbing contractor or that the work was accomplished
according to the warranty.
(h) Unless determined otherwise by the inspecting code officer, any
structural repairs or replacement of structural components shall be performed
only by a city or State of Arkansas - licensed contractor or, when the home is
under manufacturer's warranty, by a person authorized under the warranty to
perform r pairs. Compliance with the required repairs shall be established by a
written receipt showing the required work was performed by a city or State of
Arkansas licensed contractor or that the work was accomplished according to the
warranty.
[PAGE 3 OF 81
ORDINANCE
To amend Chapter 20 of the Code to add a mobile home and
manufactured home registration program, to ban future
importation of pre -1976 mobile homes, clarify requirements,
modify definitions and notice procedures, and require certain inspections
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(i) Unless determined otherwise by the inspecting code officer, any
mechanical repairs or replacement of heating, ventilation and air conditioning
components shall be performed only by a State of Arkansas- licensed mechanical
contractor or, when the home is under manufacturer's warranty, by a person
authorized under the warranty to perform repairs. Compliance with the required
repairs shall be established by a written receipt showing the required work was
performe I by a city or State of Arkansas - licensed mechanical contractor or that
the work as accomplished according to the warranty.
0) This article IV does not require a city building permit and building codes
inspectior for mobile home or manufactured home repairs or replacements,
except fol the following:
O connection to water or gas service up to the MH -unit; installation of
an el ctricity meter loop; or connection of an outside heating or cooling unit,
such s a condenser
() where the value of labor and materials exceeds five hundred dollars
($50) for steps, decks, ramps, outside storage units, accessory buildings,
foun I ations, underpinning, skirting, fencing and screening.
(k) The failure of an owner to correct the maintenance deficiencies
prohibited by this article within the established time period may result in the
declaration of such structure to be unsafe pursuant to the procedures established
in article II of chapter 20. Upon a declaration that an MH -unit is unsafe and
before an order is issued to raze or remove the structure, any lien holders of
record sh 11 be notified and shall have an opportunity to be heard.
Section 3. A new section 20 -80 is hereby added to article IV, chapter 20 to read as follows:
20 -80. Reeistration of mobile homes and manufactured homes.
(a) Registration procedure.
( ) No later than July 19, 2010, all manufactured homes and mobile
home 3 currently existing within the city limits, with the exception of those in
transit through the city and those unoccupied MH -units being held for sale by
a licensed dealer of such homes, shall be registered with the city by
completion of the registration form available at the city's planning and
development department and payment of the registration fee by the owner of
the home. The registration form shall require descriptive information about
ORDINANCE
To amend Chapter 20 of the Code
manufactured home registration pr
importation of pre -1976 mobile he
modify definitions and notice proc
[PAGE 4 OF 8]
add a mobile home and
am, to ban future
s, clarify requirements,
ires, and require certain inspections
I the MH -unit and a current property tax assessment by Pulaski County,
2 Arkansas. Beginning January 1, 2012, annual registrations of MH -units shall
3 be due no later than January 1 of each year, with a ten percent (10 %) penalty
4 for delinquent renewals assessed after January 31 of each year.
5 (2) To offset the administrative costs to prepare and maintain the MH-
6 unit registry and the costs to assure compliance with the registry and with the
7 requirements of this article, the city manager shall establish an appropriate
8 fee schedule and may review and adjust such fees periodically to offset
9 applicable costs.
10 (3) The registration permit shall be issued by the planning and
11 development department immediately upon presentation of a complete
12 application and payment of the required registration fee.
13 (4) The registration permit provided by the city shall be placed and
14 maintained in the window nearest to the main entry of the mobile home or
15 manufactured home so that it will be visible and readable from the outside.
16 (b) Any manufactured home brought into the city after the date of passage of
17 this ordinance shall be registered by the owner by the later of July 19, 2010 or ten
18 (10) days after being located in the city.
19 (c) Relocation. Relocation of an MH -unit that has already been registered
20 with the city shall require a new registration and payment of the established fee
21 within ten (10) days of the relocation.
22 Section 4. A new section 20 -81 is hereby added to article IV, chapter 20 to read as follows:
23 20 -81. Prohibition on mobile homes. As of the effective date of this ordinance,
24 mobile homes are prohibited from being brought into the city for residential purposes.
25 This prohibition does not affect mobile homes used for residential purposes and in
26 existence within the city as of the date of passage of this ordinance.
27 Section 5. A new section 20 -82 is hereby added to article IV, chapter 20 to read as follows:
28 20 -82. Inspection; Required notification of move into or within the city.
29 (a) Inspection. After the date of passage of this ordinance, all MH -units
30 moved onto a city lot, or moved within a lot, where the home is to be used for
31 residential purposes shall be inspected within ten (10) days of being moved to ensure
32 their compliance with the maintenance requirements in this article IV and to ensure
33 proper utility connections, footings or tie -downs as applicable. New manufactured
[PAGE 5 OF 8]
ORDINANCE
To amend Chapter 20 of the Code to add a mobile home and
manufactured home registration program, to ban future
importation of pre -1976 mobile homes, clarify requirements,
modify definitions and notice procedures, and require certain inspections
I homes are exempt from the maintenance inspection requirement. All MH- units,
2 including new manufactured homes, moved onto a different home site, whether to a
3 city lot or within the same lot, are required to have satisfactory inspections for utility
4 connections, footings and tie - downs, as applicable.
5 (b) Notice of move. Owners of all manufactured homes moved into the city
6 and owners of all MH -units moved within the city to another location, including
7 within the same lot, are required to notify the permit section of the planning and
8 development department of the move no later than three (3) days after the relocation.
9 Section 6. A new section 20 -83 is hereby added to article IV, chapter 20 to read as follows:
10 20 -83. An MH -unit that has been ordered to be razed or removed due to the
11 existence of violations or a nuisance shall be razed or removed in a manner consistent
12 with law.
13 Section 7. Chapter 20, article II, section 20 -26 of the Little Rock Code of Ordinances is hereby
14 amended to delete the existing definition of dilapidated building or structure and to replace it with a
15 definition to read as follows:
16 Dilapidated building or structure means a building, structure, dwelling, dwelling
17 unit, multiple dwelling, apartment, apartment house, or a garage, shed or other accessory
18 structure, which by reason of inadequate maintenance, dilapidation, obsolescence, or
19 abandonment, is unsafe, unsanitary, or that constitutes a fire hazard, or that is otherwise
20 dangerous to human life and is no longer adequate for the purpose for which it was
21 originally intended.
22 Section 8. Chapter 20, article II, section 20 -26 of the Little Rock Code of Ordinances is hereby
23 amended to delete the existing definition of substandard dwelling or structure and to replace it with a
24 definition to read as follows:
25 Substandard dwelling or structure means a dwelling unit, multiple dwelling,
26 apartment, apartment house or any other space used or intended to be used as a habitable
27 living space in any building or structure that does not meet the requirements of chapter 8
28 or, in reference to mobile homes or manufactured homes, is maintained as a substandard
29 MH -unit, contrary to the prohibitions in chapter 20, article IV.
30 Section 9. The first sentence of chapter 20, article II, section 20 -28(a) of the Little Rock Code of
31 Ordinances is hereby deleted in its entirety and replaced with language to read as follows:
[PAGE 6 OF 8]
ORDINANCE
To amend Chapter 20 of the Code to add a mobile home and
manufactured home registration program, to ban future
importation of pre -1976 mobile homes, clarify requirements,
modify definitions and notice procedures, and require certain inspections
1 (a) Whenever the building official declares a building or structure to be
2 dangerous or unfit for human habitation, the official shall give notice of such
3 declaration to the owner by placarding the building or structure.
4 Section 10. Chapter 20, article II, section 20 -28(b) of the Little Rock Code of Ordinances is hereby
5 deleted in its entirety and replaced with language to read as follows:
6 (b) Service of the written notice shall be sent by regular mail and by certified
7 mail, return receipt requested. Additional notice may be provided by delivery to
8 the owner personally, or by leaving the notice at the usual place of abode of the
9 owner with a responsible adult.
10 Section 11. Chapter 20, article II, section 20 -29(b) of the Little Rock Code of Ordinances is hereby
11 deleted in its entirety and replaced with language to read as follows:
12 (b) Expenses incurred by the city under this section shall be charged to the
13 owner of the premises involved and shall be collected in the manner as provided
14 in section 20 -3, as applicable, or by any other method permitted by law.
15 Section 12. Chapter 20, article I, section 20 -2(d) of the Little Rock Code of Ordinances is hereby
16 amended to delete the reference in the first sentence to subsection "(3)" and replace it with subsection
17 "(e)"
18 Section 13. Chapter 20, article I, section 20 -2(e) of the Little Rock Code of Ordinances is hereby
19 amended to delete the word "repeal" and replace it with the word "repeat ".
20 Section 14. Chapter 20, article I, section 20 -3(b) of the Little Rock Code of Ordinances is hereby
21 deleted in its entirety and replaced with language to read as follows:
22 (b) If the owner of any real property within the city neglects or refuses to
23 remove, abate or eliminate any such condition as provided for in subsection (a) of
24 this section after having been given a minimum of seven (7) days' notice in
25 writing by regular mail and certified mail, return receipt requested, to do so, the
26 city department designated by the city manager may do whatever may be
27 necessary to correct the condition and charge the cost thereof to the owner of the
28 real property. The city shall have a lien against such property for the cost.
29 Section 15. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
30 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
31 adjudication shall not affect the remaining portions of the ordinance, which shall remain in full force and
32 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
33 ordinance.
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ORDINANCE
To amend Chapter 20 of the Code to add a mobile home and
manufactured home registration program, to ban future
importation of pre -1976 mobile homes, clarify requirements,
modify definitions and notice procedures, and require certain inspections
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Section 16. Repealer. All ordinances or resolutions of the City in conflict herewith are hereby
repealed to the extent of such conflict.
Section 17. Emergency. It has been determined that it is necessary that the proposed amendments
become effective immediately to protect the quality of life in residential neighborhoods; therefore, an
emergency is hereby declared and this ordinance shall take effect immediately upon its passage.
PASSED: April 20, 2010 /1
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, Ci ttorney
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[PAGE 8 OF 8]
ORDINANCE
To amend Chapter 20 of the Code to add a mobile home and
manufactured home registration program, to ban future
importation of pre -1976 mobile homes, clarify requirements,
modify definitions and notice procedures, and require certain inspections
Mark Stodola, Mayor