HomeMy WebLinkAbout20047I ORDINANCE NO. 20,047
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3 AN ORDINANCE TO AMEND CHAPTER 8 OF THE LITTLE ROCK, ARK., REVISED
4 CODE (1988) TO ADD AN ARTICLE IV TO ADOPT REGULATIONS TO SET CODE
5 STANDARDS FOR HOTELS AND MOTELS WITHIN THE CITY OF LITTLE ROCK,
6 ARKANSAS; TO ADDRESS UNSAFE EXTENDED STAY HOTELS AND MOTELS;
7 AND, FOR OTHER PURPOSES.
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9 WHEREAS, the City Manager directed his staff to meet internally to consider the operation of ho-
10 tels and motels within the City of Little Rock, Arkansas ( "the City "), and to develop standards for the
11 operation and maintenance of such facilities in accordance with various City codes; and,
12 WHEREAS, it has been determined that there are several establishments that were originally oper-
13 ated as short stay hotels and motels, but that now are essentially used as long term residential facili-
14 ties; and,
15 WHEREAS, these facilities place a burden on City services such as code inspection, zoning viola -
16 tions, police responses to criminal activities, violation of City fire codes, and are inherently unsafe;
17 and,
18 WHEREAS, the City Manager, with the assistance of his staff, have developed a set of amendments
19 to be added as Article IV to Chapter 8 of the Little Rock, Ark., Rev. Code (1988) ( "LRC S_);
20 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
21 ARKANSAS:
22 Section 1. Chapter 8 of the Little Rock, Rev. Code (1988), entitled "Buildings and Building Regula-
23 tions," is hereby amended to acid the following as Article IV:
24 ARTICLE IV. HOTEL AND MOTEL CODE REGULATIONS
25 DIVISION 1. Generally.
26 (a) Short Title. This article shall be known as the "Hotel and Motel Code ".
27 (b) Definitions
28 (1) Lodging Accommodations means the paid public occupancy by reason of concession,
29 permit, right of access, rental, or other agreement, by any person or persons.
30 (2) Extended Stay Hotel or Motel means a lodging establishment that holds itself out as
31 providing, or permitting, lodging accommodations for long -term stays, and including,
32 but not limited to, weekly and monthly rates, with or without refrigerators and fully
33 equipped kitchens, and that meets all City codes as to the use of electrical appliances,
34 cooking appliances, food storage, and other items, so as not to create a life safety or
35 life threatening situation as determined by City code. Such an establishment does not
36 include an "apartment" as that term is defined in § 8 -327 of the City Housing Code.
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Ordinance for the operation and maintenance of
extended stav hotels and extended stav motels
1 (3) Transient Hotel or Motel means a lodging establishment which offers brief or temporary
2 lodging accommodations to the general public, but does not qualify as an extended
3 stay hotel or motel.
4 (c) Exceptions for special accommodations due to legal or treatment reasons. Nothing in this
5 Article shall be deemed to include asylums, correctional facilities, detention homes, group
6 housing, hospitals, jails, orphanages, prisons, transitional housing, transitional shelters,
7 sanitaria, or similar buildings or classifications, where human beings are housed or de-
b tained under legal restraint, court order, or as part of a treatment plan for a medical,
9 physical, or mental condition.
10 (d) Prohibited Practices. In any lodging establishment originally designed as a transient hotel
11 or motel which holds itself out as an extended stay facility under the definition provided
12 herein, subject to the provisions of this Article, the following shall not be permitted within
13 any room unless and until such room meets the standards of the International Property
14 Maintenance Code as adopted by the City and incorporated by reference in Section 8 -2 (3)
15 of the City Housing Code:
16 (1) Cooking
17 (A) Other than with microwaves provided by hotel or motel management;
18 (B) With cooking appliances including, but not limited to, electric cookers, gas
19 fired appliances, hot plates, or any other such device;
20 (2) Storing of Food Items;
21 (3) Use of excess electrical appliances, including, but not limited to, computers, tele-
22 visions, video systems, floor heaters, air conditioning units, lights, or other items,
23 if such items constitute a life safety issue or life threatening situation pursuant to
24 City Code.
25 Section 2. Penalty Provisions.
26 (a) Any owner, manager, or occupant of any extended stay or transient hotel or motel who
27 fails to comply with the provisions of this Article shall, upon conviction for such violation, be
28 subjected to the fine provisions of Section 1 -9.
29 (b) Other remedies reserved. The City reserves the right to seek any, and all, appropriate re-
30 lief pursuant to City Code and available to it by federal, state, or local laws, regulations, and
31 ordinances.
32 Section 3. Compliance.
33 Any establishment found to be in violation of this ordinance, which is caused to be closed due
34 to the violation, but comes into compliance with this ordinance to the satisfaction of all City building
35 codes, zoning codes, and fire safety codes, shall be permitted to reopen and operate upon certification
36 of the appropriate City inspections.
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Ordinance for the operation and maintenance of
extended slay hotels and extended stay motels
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Section 4. No Impact on Zoning or Land Use Ordinances. Nothing in this ordinance shall be
deemed to impact any City land use, subdivision, or zoning requirement.
Section 5. Forfeiture of Business Tax License. Any owner, or manager, convicted for a violation
of this Ordinance:
(a) Shall be subject to forfeiture of the right to a business tax license for the facility deemed
in violation of the Ordinance because the facility is not being operated in accordance with
City ordinance;
(b) Prior to such revocation, the owner and manager shalt be provided a written notice from
the City, served personally or by certified mail, setting forth the violations, and the date
that the forfeiture shall be effective;
(c) If the owner, or manager, or both, wish to challenge such forfeiture for any reason, includ-
ing but not limited to a change in ownership, or a change in management, a hearing shall
be held by the City Manager, or designee, within ten (10) business days of such request,
unless at the discretion of the City Manager, such time is extended pursuant to a reason-
able request;
(d) At the hearing, the owner, or manager, or both, shall be permitted to present written and
oral information as to why the forfeiture is not appropriate in the specific case;
(e) Because this hearing is not an adversarial hearing, the owner, or manager, or both, shall
present the information on their own behalf, and shall not present such information
through legal counsel, or through another representative;
(f) The minutes of this meeting, prepared at the direction of the City Manager, or designee,
shall constitute the record of the appeal, and no verbatim transcript, or court report, or
other recording device, shall be permitted;
(g) Once information is provided by the owner, or manager, or both, of the involved property,
and any information from the City is provided, the City Manager, or designee, shall render
his decision within fifteen (15) calendar days;
(h) Once the decision is made, the owner and manager shall be notified in writing and served
by certified mail;
(i) The decision rendered by the City Manager or designee, shall be final, and shall not be sub-
ject to appeal to any Arkansas District Court, nor to any governing body, or administrative
body, of the City.
Section 6. Severability. In the event any title, section, paragraph, item, sentence, clause,
phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such decla-
ration or adjudication shall not affect the remaining portions of this ordinance, which shall remain in
full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not origi-
nally a part of this ordinance.
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Ordinance for the operation and maintenance of
extended stay hotels and extended stay motels
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Section 7. Repeater. All ordinances or resolutions, or parts of ordinances or resolution, of City in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
PASSED: November 18, 2008
ATTEST:
Na y Wood
City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter
City Attorney
Ordinance for the operation and maintenance of
extended stay hotels and extended stay motels
Mayor
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