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10907r copy ORDINANCE NO. 109907 M AN ORDINANCE ESTABLISHING MINIMUM HEALTH AND HOUSING STANDARDS; PROVIDING FOR AN ENFORCING OFFICIAL; CREATING A BOARD OF HOUSING APPEALS; PROVIDING FOR THE INSPECTION OF DWELLINGS AND PREMISES, DESIGNATING UNFIT DWELLINGS AND LEGAL PROCEDURE OF CONDEMNATION; PRESCRIBING A FINE FOR VIOLATIONS OF FINAL ORDERS ENTERED AFTER NOTICE; AND FOR OTHER PURPOSES. WHEREAS, the elimination of slums and blighted areas and the prevention of their future growth is a matter of concern to the people & ,=:the City of Little Rock, Arkansas; and, WHEREAS, in this city there are now dwelling structures which are so dilapidated, unsafe, dangerous, unhygienic, or unsanitary, as to constitute a menace to the health and safety of the people of this city; and, WHEREAS, this city has the right and duty under the laws of the State of Arkansas to regulate the maintenance and use of all buildings and structures within its boundaries; and, WHEREAS, the Board of Directors is of the opinion that the enactment of this Ordinance is necessary in order to protect the public health from the dangers of slum conditions, blighted areas and sub - standard housing; and, WHEREAS, this city has the right and duty to adopt and enforce such police, health and sanitary regulations as are necessary in order to prevent the spread of disease; and, WHEREA$, the Board of Directors deems the enactment and enforcement of this Ordinance desirable in order to maintain and promote the health and safety of our inhabitants; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: ARTICLE 1. TITLE AND PURPOSE Section 1.1 Title. This Ordinance shall be known as the "Little Rock Minimum Health and Housing Standards Ordinance" and may be cited as such. Section 1.2 Statement of Policy. It is hereby declared that there exist in the City of Little Rock dwellings which are substandard in one or more important features of structural safety, sanitary facilities and maintenance, and healthful occupancy; and that these b66-16 ,6 -�!- - 1 - r conditions together with the inadequate provision for light and air, insufficient protection against fire, insanitary conditions, lack of proper heating, overcrowding of dwellings, deterioration and disrepair of dwellings and dW011ing premises, and the occupancy of unfit dwellings, endanger the health and safety of the community, and give impetus to the continuation, extension and aggravation of urban blight and decay. It is further declared that the establishment and enforcement of minimum health and housing standards and the rehabilitation or removal of substandard housing are essential to the public health and safety. Section 1.3 Purpose Ordinance. This Ordinance is hereby declared to be remedial and shall be to protect the public health and safety by establishing minimum standards governing the condition and maintenance of all dwellings and dwelling premises; establishing minimum standards governing utilities and facilities and other physical things and conditions essential to make dwellings safe for human habitation; and fixing responsibilities, duties and privileges of owners, operators and occupants of dwellings and dwelling premises. Section 1.4 Applicability to All Dwellings. Every portion of a building or its premises used or intended to be used for any dwelling purpose, except as otherwise provided herein, shall comply with the provisions of this Ordinance irrespective of when such building shall have been constructed, altered or repaired; and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the dwelling and dwelling premises, for the construction or repair of the dwelling, or for the installation or repair of dwelling equipment prior to the effective date of this Ordinance. This Ordinance establishes minimum standards for the initial and continued occupancy of all dwellings as defined herein . and does not replace or modify standards otherwise established for the construction, repair or use of buildings or the installation of building equipment except as they may be in conflict with the provi- sions of this Ordinance as provided by Section 8.3 hereof. ARTICLE 2. DEFINITIONS Section 2.1 General. In the interpretation and enforcement of this Ordinance, all words other than the terms herein specifically - 2 - z defined shall have the meanings implied by their context in this Ordinance or their ordinarily accepted meanings as generally used; words in the present tense shall include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural number includes the singular; and the word "shall" is mandatory and not discretionary. Whenever the words dwelling ", "dwelling unit ", or "premises" are used in this Ordinance, they shall be construed as though they were followed by the words "or any part thereof ". The following definitions shall apply in the interpretation and enforcement of this Ordinance. Section 2.2 Apartment. A room or suite of rooms constituting a portion of a building, arranged, designed or occupied as a dwelling unit by a family, individual or group of individuals. Section 2.3 Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. When any portion thereof is completely separated from every other portion thereof by a division wall without openings then each such portion shall'be deemed to be a separate building. Section 2.4 cellar or Basement. A portion of a building or dwelling located partly or wholly underground. Section 2.5 Dwelling. A building or portion thereof, used exclusively for residential occupancy, including one - family, two- family, and multiple dwellings, but not including hotels, motels, rooming, boarding or lodging houses. Section. 2.6 Dwelling,,_ One-Family. � A building used for residential occupancy by one family. Section. 2.7 Dwelling, Two - Family A building used for occupancy by two families living independently of each other. Section 2.8 Dwelling, Multiple. A building or portion thereof used for occupancy by three or more families living independent- ly of each other. Section 2.9 Dwelling Premises. The land and auxiliary buildings thereon used or intended to be used in connection with the dwelling. Section 2.10 Dwelling Unit. A dwelling or portion of a dwelling or of an apartment used by on.e family for cooking, living and sleeping purposes. - 3 - t ' Section 2.11 Extermination. The control and elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the Health Officer. Section 2.12 Family. One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include servants. Section 2.13 Floor Space. The horizontally projected floor area inside of or between exterior walls or partitions or any combina- tion thereof, as measured within a habitable room exclusive of that portion of the habitable room which does not have a ceiling height of at least 5 feet. Section 2.14 Garbage. All combustible refuse. Section 2.15 Ground Floor Area. The square foot area of a residential building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior stairways and secondary stairways. Section 2.16 Habitable Room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, and excluding bathrooms, toilet rooms or compartments, laundries, pantries, foyers, or communicating corridors, closets and storage spaces. Section 2.17 Health Officer. The legally designated health authority of the City of Little Rock, or his authorized representatives. Section 2.18 Infestation. The presence, within or around a dwelling, or dwelling premises, of rodents, vermin or other pests. Section 2.19 Occupant. Any person over two (2) years of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit. Section 2.20 Operator. Any person who has charge, care of control of a multiple dwelling building, in which dwelling units are let or offered for occupancy. - 4 - Section 2.21 Owner. Any person who, alone or jointly or severally with others: (a) Shall have legal title to any dwellings or dwelling unit, with or without accompanying actual possession thereof; or (b) Shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Ordinance to the same extent as if he were the owner, providing if the owner refuses, fails to comply or directs the agent or trustee not to comply with the provisions of this Ordinance the agent or trustee shall not be held liable. Section 2.22 Person shall mean and include any indivi- dual, group of individuals, firm, corporation, association or partnership. Section 2.23 Plutbing shall mean and include gas, water and waste pipes, toilets, sinks, catch basins, wash basins, cess pools, septic tanks, drains, vents and traps, together with connections to water, waste, sewer or gas lines. Section 2.24 Proper or Properly shall mean as defined and specified herein or when not so defined or specified, in accordance with-'the applicable Ordinances of the City of Little Rock. Section 2.25 Rubbish. All non - combustible refuse. Section 2.26 Structure. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground. Section 2.27 Supplied or Supply. Paid for, furnished by, or provided by the owner or operator. Section 2.28 Entorcing Official. The person designated by the City Manager with the consent and approval of the Board of Directors. - 5 - F ARTICLE 3. BOARD OF HOUSING APPEALS Section 3,1 Board of Housing Appeals, There is hereby created the Board of Housing Appeals which shall consist of five (5) voting members who shall be appointed by the Board of Directors which shall designate one of the five members as chairman. Each of said five members shall be a qualified elector, shall have been a resident of the State of Arkansas for no fewer than ten years and shall have been a resident within the City of Little Rock no fewer than five years preceding his appointment. None of the members shall hold or be a candidate for any other public office or position nor shall any member be related by blood or marriage to any member of the legislative, executive or judicial branches of the City Government. Upon the initial formation. of the Board of Housing Appeals, the Board of Directors shall appoint one member who shall serve for one year, two members who shall serve for two years each and two members who shall serve for three years each; thereafter, members shall be appointed for a term of three years each. Upon expiration. of the term of appointment of each member, his powers and duties shall cease as of such date unless re- appointed on or before that date. Any vacancy in an unexpired term shall be filled by an appointment by the Board of Directors and shall be for the remainder of the unexpired term. Said members shall receive no compensation for their services. Section 3.2 The Board shall act by�a majority vote of the entire voting membership of the Board, three of whom shall be present; otherwise no decision shall be made. The chairman shall have the same voting rights as of the other four members. Section 3.3 One representative from the Planning Commission, one representative from the Health Department, and one representative from the Fire Department shall be named and appointed by the Board of Directors as ex- officio members of said Board, but said three members shall not have any voting rights or privileges. - 6 - 0 Section 3.4 Said Board shall have the power and shall be required to hold public hearings in deciding appeals where it is alleged there is an error in law or fact in any order or decision by the Enforcing Official in the enforcement of this Ordinance. Section 3.5 Said Board shall have the power to obtain subpoenas and subpoenas daces tecum for witnesses when requested by either side when reasonably necessary to obtain pertinent evidence and any member of the Board shall have authority to administer oaths. Section 3.6 Said Board shall keep as a public record a docket or journal which shall show all cases appealed to it and which shall show specifically: (a) The number of the case, full names of person. or persons complained against, address of the property or properties involved and the nature of the complaint in. full. (b) The date or dates on. which the complaint was received, considered and decision delivered. (c) Any decision of said Board shall be in writing, shall contain a finding of fact and law, and shall be signed by each member of the Board who shall indicate, following his signature, that he concurs or dissents from the decision. Section 3.7 The Board of Directors shall provide all necessary personnel and facilities to insure the adequate functioning of this Board. ARTICLE 4. INSPECTION OF DWELLINGS, DWELLING UNITS AND PREMISES Section 4.1 The Enforcing Official, with the consent of the occupant, is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units and premises located within this City, in order that he may perform his duty in enforcing the terms and provisions of this Ordinance; provided that if consent not be granted, the Enforcing Official shall give the occupant advance written notice of not less than five days prior to inspection. Saoh notice shall be by registered mail and shall specify an exact hour and date of the proposed inspection which shall be reasonable as to time of day and day of week; and further provided that if consent - 7 - not be granted, the Enforcing Official shall be required to obtain a warrant before entry and inspection. Every occupant of a dwelling or dwelling unit or premises, shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs and alterations as are necessary to effect compliance with the provisions of this Ordinance or any lawful order issued pursuant to the provisions of this Ordinance. ARTICLE 5. ENFORCEMENT: SERVICE OF NOTICES AND ORDERS: HEARINGS Section 5.1 Whenever the Enforcing Official determines that there are reasonable grounds to believe that there has been a violation of any provision. of this Ordinance he shall give a first or original notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall: (a) Be put in writing; (b) Include a statement of the reasons why it is being issued; (c) State a specific time for the performance of any act it requires, and such time shall be reasonable; (d) Be served upon the owner, or if he cannot be found, upon his agent; if neither can be found a copy thereof shall be sent by registered mail to their last known addresses, or he may be served with such notice by any other method authorized or required under the laws of this State. Such notice shall contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this Ordinance. Section 5.2 Any person affected by any first or original notice which has been issued in connection with the enforcement of any provision of this Ordinance and who has failed or refused to comply therewith shall be given a final notice, and may request and shall be granted a public hearing on the matter before the Enforcing Official, PROVIDED thtt such person shall file in the - 8 - A l� office of the Enforcing Official a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the date the final notice was served. Upon receipt of such petition the Enforcing Official shall set a time and placd for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and the burden of proof shall be upon the City. The hearing shall be commenced not less than ten days after the day on which the petition was filed; provided that upon application of the Petitioner the Enforcing Official may postpone the date of the hearing for a reasonable time beyond such ten day period, if in his judgment the petitioner has submitted a good and sufficient reason for such post- ponement. Section 5.3 After such hearing the Enforcing Official shall sustain, modify, or withdraw the notice, depending upon his finding as to whether the provisions of this Ordinance have been complied with. If the Enforcing Official sustains or modifies such notice, it shall be deemed to be an order. Any final notice served pursuant to this Ordinance shall automatically become an order if a written petition for a hearing is not filed in the office of the Enforcing Official within ten days after such notice is served. Section 5.4 The proceedings at such hearing, including the findings and decision of the Enforcing Official shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Enforcing Official. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision or order of the Enforcing Official at the conclusion of such hearing may appeal from said decision or order by filing a written appeal with the Board of Housing Appeals not later than thirty (30) days from the date of said order or decision. And any interested person who is not satisfied with the decision or order of the Board of Housing Appeals may seek relief therefrom by the filing of the proper suit in a court of competbnt i jurisdiction within thirty (30) days from the date of said decision or order of the Board of Housing Appeals. Such appeals and suits shall be tried de novo on the facts and the law, and the burden of proof shall continue to be upon the City, and the order of the Enforcing Official shall be automatically stayed. ARTICLE 6. MINIMUM STANDARD REQUIREPIENTS Section 6.1 Minimum Standards for Basic Egaipment and Facilities. No person shall occupy as owner- occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements: Section 6.2 Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system, if there be a water and sewer line not more distant than 300 feet from the property line on which the dwelling unit is situated. Section 6.3 Every dwelling unit (except as otherwise permitted under Section 6.4) shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition and properly connected to a water and sewer system, if there be a water and sewer line not more distant than 300 feet from the property line on which the dwelling unit is situated. Section 6.4 The occupants of not more than two dwelling units in the same structure or building may share a single flush water closet; and kitchen sink, if; (al Neither of the two dwelling units contains more than three rooms; provided that, for the purposes of this section, a kitchenette or an efficiency kitchen with not more than 60 square feet of floor area shall not be counted as a room; and that (b) The habitable area of each such dwelling units shall equal not more than 450 square feet of floor area; and that - 10 - (c) Such kitchen sink and water closet shall be in good working condition and connected to a water and sewer system, if there be a water and sewer line not more distant than 300 feet from the property line on which the dwelling units are situated. Section 6.5 Every dwelling unit shall be supplied with adequate rubbish containers for removal thereof. Section 6.6 Every dwelling shall have adequate garbage disposal facilities or garbage containers. Section 6.7 Every piece of cooking equipment shall be so constructed and installed that it will function safely and effectively and shall be so maintained by the owner of the equipment. Cooking equipment burning solid fuel shall be rigidly connected to a chimney or flue and cooking equipment burning liquid or gaseous fuels shall be rigidly connected to a supply line. Section 6.8 Minimum Standards for Ingress and Egress. No person shall occupy as owner - occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements: Section 6.9 Every dwelling unit shall have unobstructed means of egress leading to open space at ground level. Section 6.10 All habitable structures of three or more stories with dwelling units occupying the third or higher stories shall be provided with two separate usuable means of egress for each dwelling unit located above the second story. The exit facilities from such dwelling units shall lead to a public thoroughfare either directly or through a court or yard, and passage to such exits shall not lead through any other dwelling unit or through a space that might reasonably be locked by anyone who is not a member of the household. An escape hatch or scuttle to a flat room for escape through adjoining buildings may be considered as a usable means of egress for the dwelling units on the top floor. Dual egress will not be required by this Ordinance of structures that are of fireproof construction. - 11 - M Section 6.11 Minimum Standards for Light, Ventilation and Heating. No person shall occupy as owner - occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: Section 6.12 Every habitable room shall have at least one window or skylight facing directly to the outdoors, and the same shall be easily opened unless there is supplied some other device affording adequate ventilation. Section. 6.13 Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Section 6.12 except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation while in use. electricity. Section 6.14 Every dwelling unit shall be wired for Section 6.15 Every dwelling shall have heating facilities, furnished by the owner or the tenant, which are properly installed and are maintained in good working condition by the owner of the heating equipment. Section 6.16 Every public hall and stairway in every multiple dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing four (4) or less dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full -time lighting. Section 6.17 During that portion of each year when the Health Officer deems it necessary for protection against mosquitoes, flies, and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied screens and a self - closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation shall be supplied with screens. Section 6.18 Every basement or cellar windowiused or intended to be used for ventilation, and every other opening to a base- - 12 - ment which might provide an entry for rodents, shall be supplied with a screen. or such other device as will effectively prevent their entrance. Section 6.19 Minimum Standards Relating to the Safe and Sanitary Maintenance of Parts of Dwellings and Dwelling Units. No person shall occupy as owner - occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: Section 6.20 Every foundation shall be constructed of proper materials capable of supporting required loads. Section 6.21 Every floor, wall, ceiling and room shall be reasonably weathertight, watertight and rodent -proof shall be capable of supporting required loads, and shall be capable of affording privacy. Section 6.22 Every window, exterior door and basement hatchway shall be reasonably weathertight, water tight and rodent- pnodf. Section.6.23 Every inside and outside stair, every porch and every appurtenance thereto shall be capable of supporting the load that normal use may cause to be placed thereon. Section 6.24 Every plumbing fixture and waterpipe shall be in good sanitary working condition. Section 6.2.5 Every water closet compartment floor surface and bathroom floor surface shall be of such construction that it can.be kept clean and sanitary by the occupant. Section 6.26 Every supplied facility, piece of equipment, or utility which is furnished by the owner shall function effectively. Section 6.27 No owner or tenant shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy. Section 6.28 Minimum Standards Relating to Space, Use and Location Requirements. No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: - 13 - Section 6.29 Every dwelling unit shall contain at least 125 square feet of floor space as defined for each of the first two occupants (as defined in Section 2.19 hereof) thereof and at least 50 additional square feet of floor space for every additional occupant thereof; provided that if all other minimum standards of this Ordinance are met, the square foot requirements of Sections 6.29 and 6.30 up to 25 per cent of the minimum requirements shall be waived. Section 6.30 At least one -half of the floor area of every habitable room shall have a ceiling height of at least 7 feet; and the floor area of that part of any room where the ceiling height is less than 5 feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissable occupancy thereof. Section 6.31 No basement or cellar space shall be used as a habitable room or dwelling unit unless: (a) The floor and walls are impervious to leakage of underground and surface run -off water; (b) There is an openable window in each room as required under Section 6.12 hereof, except where there is supplied some other device affording adequate ventilation; (c)Unobstructed egress leading to open space at ground level is provided. Section 6.32 Minimum Standards Relating to Responsibilities of Owners, Operators, and Occupants. Section 6.33 Every owner of a dwelling containing three or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. Section 6.34 Every occupant of a dwelling or dwelling unit shall be responsible for keeping in a clean. an.d sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls. - 14 - P"" Section 6.35 Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in disposal or storage containers required by Section 6.5 hereof or by burning. (Burning may be done only in accordance with pertinent Fire Code regulations.) It shall be the responsibility of the owner to supply or have supplied such containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases it shall be the responsibility of the occupant to furnish such containers. Section 6.36 Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal or garbage containers required by Section.6.6 hereof. It shall be the responsibility of the owner to supply or have supplied such facilities or containers for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases it shall be the responsibility of the occupant to furnish such containers. Section 6.37 Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens supplied by the owner whenever the same are required under the provisions of this Ordinance, except where the owner has agreed to supply such service. Section 6.38 Every occupant of a dwalling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing two dwelling units shall be responsible for such extermination whenever his dwelling unit is the only one infested. When two or more units of a multiple dwelling are infested, the owner shall be responsible for such extermination. Section 6.39 Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. - 15 - ARTICLE 7. DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE OF CONDEMNATION Section 7.1 The designation.of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements: (1) Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Enforcing Official: (a) One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public. (b) One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public. (2) Any dw6llin.g or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Enforcing Official, shall be vacated within a reasonable time as ordered by the Enforcing Official. (3) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Enforcing Official. The Enforcing Official shall remove such placard whenever the defect or defects upon which the condemnation . and placa0ding action were based have been eliminated. - 16 - r, (4) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such except as provided in subsection (3). (5� Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may require and shall be granted a hearing on the matter before the Enforcing Official. (6) If, after notice and hearing, the Enforcing Official determines that a dwelling or dwelling unit is in such condition that it is dangerous or injurious to the health and safety of the public, the occupants of the dwelling or dwelling unit, or the occupants of the neighboring dwellings or dwelling units, he shall issue and cause to be served upon the owner an order requiring him to repair, alter, or improve the dwelling or dwelling unit to the extent and within a reasonable time to be specified in the order, or, at the option. of the owner, to remove or demolish the dwelling or dwelling unit. Subject to the rights of appeal to the Board of Housing Appeals and a court of competent jurisdiction, all as provided for in Section 5.4 of this Ordinance, if the owner fails to comply with an order to remove or demolish the dwelling or dwelling unit within the time prescribed, and if authorized by an Ordinance passed by the Board of Directors, which Ordinance shall specify the time within the occupant or occupants must vacate the premises to be demolished or removed, the Enforcing Official may have the dwelling or dwelling unit removed or demolished provided any and all holders of mortgages and other liens of record have been notified. For the - 17 - . purpose of this provision 50% of the fair market value of the structure, as shown in the records of the County Assessor, is fixed as being a reasonable cost. Section 7.2 To secure the payment of the cost of removal or demolition of said real estate there is hereby the said real estate in favor of the City of L: If the dwelling or dwelling unit is removed or Enforcing Official, he must sell the materials shall credit the proceeds of that sale against or demolition# created a lien against Lttle Rock, Arkansas. demolished by the at a public sale. He the cost of the removal Section 7.3 When such demolition or removal has been completed, the Enforcing Official shall cause a statement to be filed with the Circuit Clerk of P&laski County, Arkansas, showing the cost and expense of such work and the amount of money due and owing to the City of Little Rock, a brief description. sufficient to identify the property removed, and the name of the owner thereof. From the date of filing, the amount shown by such statement to be due and owing to the City of Little Rock together with five per centum (5 %) interest thereon from the date of completion of such work shall be a lien on said property. A suit may be instituted and recovery and foreclosure of the lien for any such amount and interest may be had in the name of the City of Little Rock, Arkansas, in any court having jurisdiction. ARTICLE 8. GENERAL PROVISIONS Section 8.1 Authority to Act on Nuisances. Nothing in this Ordinance shall be deemed to abolish or impair any existing remedies of the City of Little Rock or its officers or agencies relating to the removal or abatement of nuisances, or to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or insanitary. - 18 - Section 8.2 Applicability of Building Code. Whenever the provisions of this Ordinance require the construction, installation., alteration or repair of a dwelling or dwelling unit or of its facilities, utilities or equipment, the required work shall be done in full compliance with the applicable provisions of the Little Rock Building Code, as amended, except as provided in Section 8.3 of this Ordinance. Section 8.3 Conflict of Ordinances. In any case where a provision of this Ordinance requires an action to be taken which is prohibited except when done in a certain manner by the provisions of any zoning, building, fire, safety, health or other ordinances, or code or regulation of the City of Little Rock the provision of this code shall be inoperative. Section 8.4 Conflict of Permits and Licenses. All departments, officials and employees of the City of Little Rock which have the duty or authority to issue permits or licenses inxregard to the construction, installation., repair, use or occupancy of dwellings, dwelling premises or dwelling equipment or facilities shall conform to the provisions of this Ordinance, and no permit or license for any construction, installation, or repair, shall be issued if such would be inc. conflict with the provisions of this Ordinance. Any permit or license issued in conflict with the provisions of this Ordinance shall be null and void. Section 8.5 Shift of Responsibilities Between Owner, 22erat`or and Occupant. Nothing in this Ordinance shall prevent an Owner,operator or occupant, by agreement, from shifting the responsibility. of 6h.e one to the other, provided that the primary and final responsibility in every case shall remain upon. the person herein designated. Section 8.6 Prosecution of Existing Violations. This Ordinance shall not affect violations of any other ordinance, code or - 19 - regulation of the City of Little Rock existing prior to the effective date of this Ordinance, and such violations shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed. Section 8.7 Repeal of conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance, except as provided herein, are hereby repealed. Section 8.8 Validity and Separability. If any clause or section, sentence or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the courts, such decision or decisions shall not affect the validity or constitutionality of the remaining portions of this Ordinance; and the Board of Directors of the City of Little Rock hereby declares that it would have passed this Ordinance and each section, sentence, clause or phrase thereof irrespective of the fact that any one or more of the other clauses, sentences, sections or phrases were to be declared invalid or unconstitutional. Section 8.9 Penalty for Non - compliance With Final Order After Notice. Faikure to comply with any provisions of an order of the Enforcing Official within the time allowed therein after the cause shall have become final as provided in Article 5 of this Ordinance shall constitute a misdemeanor punishable upon conviction. by a fine of not less than $5.00 nor more than $50.00; and each twenty (20) day period such violation continues shall be considered a separate offense. Section 8.10 Amendments. The provisions of this Ordinance may be amended by the Board of Directors, provided notice of any proposed amendment be published twice, once a week, in a Little Rock daily newspaper, the last notice to be published not less than seven days before consideration of the amendment at a public hearing to be held by the Board of Directors. Such notice shall quote the proposed amendment verbatim and state the hour, date and place of the public hearing. - 20 - A , I , J Section 8.11 Effective Date. The provisions of Section 6.2, 6.3, and 6.4 shall take effect on the first day of January, 1962. All other provisions shall take effect on the first day of July, 1959. PASSED: March 2, 1959 ATTEST: City Clerk APPROVED: Mayor