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ORDINANCE NO. 109907
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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(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.
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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-
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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:
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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.
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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.
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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.
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(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
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.
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.
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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
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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.
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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