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2012010784 Received: 2/24/2012 3:32:11 PM
Recorded: 02/24/2012 03:39:41 PM Filed &
Recorded in Official Records of Larry Crane.
PULASKI COUNTY CIRCUIT /COUNTY CLERK
Fees $25.00
ORDINANCE NO. 20,509
3- AN ORDINANCE TO AMEND CHAPTER 28 OF THE CODE OF
4 ORDINANCES TO CLARIFY CERTAIN DEFINITIONS AND
5 RESPONSIBILITIES; TO DECLARE AS A NUISANCE PER SE
6 MANUFACTURED HOME PARKS AND APARTMENT COMPLEXES
7 AT WHICH SOLID WASTE COLLECTION SERVICES ARE NOT
8 PROVIDED; AND FOR OTHER PURPOSES.
9
10 WHEREAS, it has come to the attention of the City Departments responsible for enforcing the
11 Housing Code and collecting solid waste that certain apartment complexes and manufactured home parks
12 do not provide solid waste collection services either through the City Solid Waste Collection System or a
13 private solid waste collection system, or the private collection system is inadequate, and
14 WHEREAS, the lack of solid waste collection for accumulating household and other wastes is a
15 public health menace and a detraction to the appearance and quality of life in affected neighborhoods, and
16 WHEREAS, it is necessary and desirable for the Board of Directors to make certain.changes to the
17 Solid Waste Chapter of the Code of Ordinances to address this threat to the public health, safety and
18 welfare of the citizens of the City of Little Rock.
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
20 OF LITTLE ROCK, ARKANSAS:
21 Section 1. The definition of "commercial, industrial or institutional establishments" in Section 28-
22 1(a)(3) of Chapter 28 of the City of Little Rock Code of Ordinances is hereby deleted and replaced with
23 the following language:
24 Commercial, industrial or institutional establishments: Includes any building, structure or
25 premises not defined as a dwelling unit in this section. The term "commercial establishment"
26 includes, but is not limited to, apartment complexes and manufactured home parks.
27 Section 2. The definition of "dwelling or dwelling unit" in Section 28- 1(a)(5) of Chapter 28 of the
28 City of Little Rock Code of Ordinances is hereby deleted and replaced with the following language:
29 Dwelling or dwelling units: Any room or group of rooms located within a structure forming a
30 single habitable unit with facilities that are used or intended to be used for living, sleeping,
31 cooking, eating and sanitation by one (1) family. A dwelling or dwelling unit includes, but is not
32 limited to a single habitable unit in a house, apartment building, townhouse, condominium, multi -
33 dwelling unit, mobile home, or manufactured home.
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I Section 3. Section 28 -3 of Chapter 28 of the City of Little Rock Code of Ordinances is hereby
2 deleted and replaced with the following language:
3 Sec. 28 -3. Solid waste responsibility.
4 The responsible party of any dwelling unit or commercial establishment shall be responsible
5 for the sanitary condition of said premises and for the proper storage, containment and placement
6 for collection of all wastes as defined in this chapter. For purposes of this chapter, commercial
7 establishments that shall be responsible for the proper storage, containment and placement for
8 collection of all wastes on their premises and from any dwellings on their premises, including
9 household waste, as such wastes are defined in this chapter shall include, but not be limited to:
10 (1) Apartments with five (5) or more units, unless such apartments have received solid
11 waste collection services from the city continuously since March 3, 1983, and
12 (2) Manufactured home parks, except those in which the city provides solid waste
13 collection services to all occupied dwelling units individually.
14 Section 4. Section 28 -10 of Chapter 28 of the City of Little Rock Code of Ordinances is hereby
15 changed by the addition of a new subsection, Sec. 28- 10(c), to read as follows:
16 (c) An apartment complex or a manufactured home park that has no storage containers on site
17 for collection of solid waste from the occupied dwelling units therein, and for which no contract
18 with a licensed hauler for the storage, collection and disposal of all solid waste exists, shall
19 constitute a nuisance per se, unless the city provides solid waste collection for all occupied
20 dwelling units in the apartment complex or manufactured home park, paid for by individual
21 residents of the dwelling units. For purposes of this chapter, an apartment complex consists of
22 apartments that share an identity, are in the same general location, and have the same ownership.
23 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
24 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
25 adjudication shall not affect the remaining portions of the ordinance, which shall remain in full force and
26 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
27 ordinance.
28 Section 6. Repealer. All ordinances or resolutions of the City in conflict herewith are hereby
29 repealed to the extent of such conflict.
30 PASSED: December 6, 2011
31 ATTEST: APPROVED:
32
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34 usa gley, City Clerk Mark Stodola, Mayor
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APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City I�ttorney
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