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i ORDINANCE NO. 18, 742
2 AN ORDINANCE TO MANDATE THAT PERSONS WHO LIVE
3 OUT OF STATE AND WHO OWN REAL PROPERTY IN THE
4 CITY FOR RESIDENTIAL RENTAL PURPOSES SHALL HAVE
5 A LOCAL AGENT AUTHORIZED TO RECEIVE WRITTEN
6 NOTICE AND PROCESS FOR HOUSING AND PREMISE
7 CODE ENFORCEMENT; TO DECLARE THAT RESIDENTIAL
8 RENTAL PROPERTIES NOT RESPONSIBLY REPRESENTED
9 BY AN OWNER OR LOCAL AGENT OF THE OWNER SHALL
10 BE DEEMED A NUISANCE; TO DECLARE AN EMERGENCY;
11 AND FOR OTHER PURPOSES.
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13 WHEREAS, in 1994 the City implemented a systematic inspection of properties rented for
14 residential purposes within the City in order to assure that these properties complied with all health
15 and safety provisions of the Little Rock code, and
16 WHEREAS, the enforcement of the provisions of this rental inspection ordinance, codified
17 as Little Rock, Ark. Rev. Code §§ 8 -576 to -587 (1988) ( "LRC ") is hampered by the fact that some
18 properties are owned by persons who reside outside the jurisdiction of the City of Little Rock and
19 Pulaski County, and therefore cannot easily be brought before the Little Rock District Court to
20 answer allegations that residential rental property is not in compliance with City codes, and
21 WHEREAS, particularly for out -of -state property owners, it is virtually impossible to have
22 these persons brought before the Court or forced to answer criminal charges that properties are not
23 being properly maintained, and
24 WHEREAS, the inability to enforce City code compliance against rental properties because
25 of failure of the owner to respond to City notices and legal process to correct violations has a serious
26 negative impact on the vitality of neighborhoods; and
27 WHEREAS, this concern has caused the Little Rock Board of Directors to declare that
28 rental properties that are not responsibly represented by the owner or a local agent of the owner are a
29 public nuisance; and
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1 WHEREAS, the practice of owners continuing to rent properties to tenants after notice and
2 expiration of time to correct housing code violations is detrimental to the health, safety and welfare
3 of the citizens of the City, and such practice should be curtailed by any legal means including, but
4 not limited to, the termination of utility service to the unit; and
5 WHEREAS, the Board believes that the termination of utilities to rental housing units after
6 failure of the owner to correct violations is one of the legal means necessary to force unresponsive
7 owners to correct such violations; and
8 WHEREAS, another of the legal methods available to the City to assure code compliance of
9 owners who reside outside of the jurisdiction of the City is to require them to designate a local agent
10 for receipt of code compliance notices and for acceptance of service of process in any civil or
I 1 criminal action commenced by the City against the owner and the property; and
12 WHEREAS, the City does not wish to impose liability upon agents for service; and
13 WHEREAS, as a part of its powers to protect the public health, safety and welfare, the City
14 wishes to take action that will assure that properties rented to persons for residential use meet the
15 standards of the City health and safety codes.
16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
17 CITY OF LITTLE ROCK, ARKANSAS:
18 Section 1. Little Rock, Ark. Rev. Code § 8 -574 entitled "Definitions" is amended by
19 adding the following definitions to that section:
20 Certificate of Compliance. A Certificate of Compliance is a document issued by
21 the Department of Housing & Neighborhood Programs that certifies:
22 (a) A particular rental housing unit has been inspected
23 and found to be in compliance with the City housing
24 and premise codes, including, but not limited to, the
25 residential rental inspection program; and
26 (b) The owner or an agent of owner is available to receive
27 and to respond to notices and civil and criminal
28 process of the City regarding code enforcement; and
29 (c) The owner or agent of owner has a current business
30 license from the City to rent residential housing units.
31 Section 2. Little Rock, Ark., Rev. Code § 8 -579 (1988) is hereby amended to read as
32 follows:
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I (a) Certificate of Compliance.
2 It is unlawful to rent, let, or allow the occupancy of any rental housing unit
3 without a Certificate of Compliance for each unit.
4 (b) Requirements for issuance and maintenance of Certificate of Compliance.
5 (1) In order to obtain and maintain a Certificate of Compliance, the
6 owner or agent of owner shall maintain a current business license and shall
7 comply with the provisions of this Code to assure that the owner or someone
8 authorized to act as agent of the owner:
9 (a) maintains with the Department of Housing and
10 Neighborhood Programs a current name and home or
11 business address at which the owner and the agent of
12 owner can be served personally or by certified mail,
13 and a current telephone number at which the owner
14 and agent can be reached telephonically or by
15 facsimile, and an e-mail address if available; and
16 (b) has the authority to consent to an administrative
17 search of the unit and provides access for such search;
18 and
19 (c) has written authorization to receive and to accept on
20 behalf of the owner any notices of code violations and
21 civil and criminal legal process from the City.
22 (2) Once issued, a Certificate of Compliance shall remain in full force
23 and effect until an inspection reveals code violations which are not
24 subsequently corrected within the time allowed by the City and result in its
25 suspension or revocation by the Department of Housing & Neighborhood
26 Programs.
27 (3) Any rental housing unit found to be occupied without a current
28 certificate of compliance shall be inspected and the owner or agent shall be
29 required to obtain such certificate within the time permitted by subsection (d)
30 (4). Such unit may continue to be occupied prior to the initial inspection in
31 accordance with § 8 -580.
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I (c) Local Agentfor Service.
2 (1) Any rental property owner who resides outside the state of Arkansas
3 shall designate an agent for receipt of notice and process on behalf of the
4 owner. To qualify for designation, such agent shall reside or maintain a place
5 of business within the limits of Pulaski County, Arkansas.
6 (2) Out -of -state owners shall ensure the agent for service:
7 (a) Is provided current contact information specified in
8 the previous section; and
9 (b) Is provided written authorization to accept service of
10 civil or criminal process and to provide consent to any
11 administrative search and to provide access for search
12 conducted solely to assure compliance with City
13 housing, premise and rental inspection codes:
14 i. Within twenty-four (24) hours notice
15 for any matters that concern a life
16 safety code violation; or
17 ii. Within rve ) business days notice of
18 any non -life safety code violation.
19 (3) It is the responsibility of the agent to forward to the owner all code
20 compliance notices and civil and criminal process received by the agent.
21 (4) Any agent appointed by an owner pursuant to this subsection (c) shall
22 not have civil or criminal liability for action or inaction of the owner,
23 notwithstanding any provision of common law, contractual provision,
24 statute, ordinance (including without limitation LRC § 8 -327), or directive
25 which may be contrary.
26 (d) Effect of Noncompliance.
27 (1) Failure to comply with the provisions of this ordinance is deemed to
28 constitute an imminent threat to the public health, safety and welfare of the
29 citizens of Little Rock and may lead to a declaration by the City that the
30 rental housing unit is a public nuisance.
31 (2) Any rental housing unit that has been declared to constitute a
32 nuisance shall be subject to the following remedial actions at the option of
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I the City, in addition to any other legal or equitable remedies available to the
2 City:
3 (a) Revocation or suspension of the Certificate of
4 Compliance;
5 (b) Condemnation of the unit;
6 (c) Causing the unit to be closed, boarded and secured in
7 which case the City official may direct that utilities be
8 terminated to the unit.
9 (3) If the City requires the closing of any property rental housing unit the
10 City official shall post on the structure written notice of its hazardous
11 condition and shall immediately send notice by first class mail and by a form
12 of delivery for which there is a receipt to show proof of delivery to the tenant
13 and to the owner or agent of the owner which describes the action taken by
14 the City, the date, and the reason for such action.
15 (4) The owner shall come into compliance with the provisions of this
16 ordinance within the following timelines measured from the date the notice is
17 served by the City:
18 (a) ten (10) business days to designate an agent as directed by
19 this ordinance; or
20 (b) thirty (30) calendar days or such lesser time allowed under
21 § 8- 583(d) to correct life safety violations; or
22 (c) sixty (60) calendar days or such other time allowed under § 8-
23 583(e) to correct non -life safety violations.
24 (5) No person occupying a structure after the City has posted on the
25 structure a notice of its unsafe condition shall be considered a displaced
26 person nor shall such person be entitled to relocation assistance from the
27 City.
28 (e) Penalty.
29 (1) Each violation of this section shall be punishable as provided in § 1 -9
30 of this Code in addition to any remedial action set forth above or which shall
31 be deemed necessary pursuant to the inherent power of the court, or which is
32 otherwise authorized by state law.
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1 (2) Each day a violation continues after a compliance date specified in
2 this ordinance or in any notice served by the City shall be deemed a separate
3 offense.
4 Section 3. Provisions are Supplemental. The provisions of this ordinance shall be
5 supplemental to any other remedies or causes of action available to the City in the exercise of its
6 police powers to protect the public health, safety and welfare.
7 Section 4. Severability. In the event any title, subtitle, section, subsection, subdivision,
8 paragraph, item, sentence, clause, phrase, or work of this ordinance is declared to adjudged to be
9 invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions
10 of this ordinance which shall remain in full force and effect as if the portion so declared or adjudged
11 invalid or unconstitutional was not originally a part of this ordinance.
12 Section S. Repealer. All ordinances, resolutions, laws or policies, or parts of any
13 such material, in conflict with the provisions of this ordinance are hereby repealed to the extent of
14 such inconsistency.
15 Section 6. Emergency. The Board of Directors has previously declared the importance
16 of assuring the residential rental properties within the City comply with all City health, safety and
17 building codes. Even so, some properties cannot be brought into compliance because irresponsible
18 owners refuse to maintain the properties in code compliance; such owners live outside the
19 jurisdiction of the Little Rock District Court; and it is virtually impossible to serve them with
20 meaningful and effective notice of the need to bring their property into compliance with City codes;
21 or to bring them within the City's jurisdiction to enforce the criminal remedies available under by
22 law. The Board of Directors deems it necessary to require that out of state owners designate and
23 keep on file with the City the contact information of themselves and of an agent within Pulaski
24 County who shall be responsible for accepting notices of code enforcement and for service of civil or
25 criminal process. The ability to assure the compliance of residential rental properties with these City
26 codes, including the ability to terminate utilities to units that are occupied beyond time for code
27 compliance, is essential to protect the public health, safety and welfare. An emergency is therefore,
28 declared to exist and this ordinance shall be in full force and effect fifteen (15) days after the date of
29 its passage.
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31 PASSED: SEPTEMBER 3, 2002
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1 ATTEST:
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4 Nancy W od, City Clerk
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7 APPROVED AS TO LEGAL FORM:
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10 Thomas M. Carpenter, City Attorney
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APPROVED: `
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Ji Dailey, Mayor