HomeMy WebLinkAboutOrdinance 1436 ORDINANCE N0, I436
AN ORDINANCE TO BE KNOWN AS THE HOUSING ORDINANCE , ESTABLISHING MINIMUM
STANDARDS GOVERNING THE CONDITION AND MAINTENANCE OF DWELLINGS; ESTABLISHING
MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND FACILITIES AND OTHER
PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO MAKE DWELLINGS SAFE , SANITARY
AND FIT FOR HUMAN HABITATION; ESTABLISHING MINIMUM STANDARDS GOVERNING
THE CONDITION OF DWELLINGS OFFERED FOR RENT ; FIXING CERTAIN RESPONSIBILITIES
AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS; AUTHORIZING THE INSPECTION
OF DWELLINGS, AND THE CONDEMNATION OF DWELLINGS UNFIT FOR HUMAN HABITATION;
AND FIXING PENALTIES FOR VIOLATIONS
WHEREAS, in the City of Fayetteville , Arkansas , there are , or may
in the future be , dwelling structures which are so dilapidated , unsafe ,
dangerous , unhygienic , or insanitary as to constitute a menace to the
health and safety of the people in this City of Fayetteville , Arkansas ;
and
WHEREAS, The City Council of the City of Fayetteville , Arkansas, finds
that it is to the best interest of the 'City of Fayetteville in order to
preserve the health , safety, and property of the public that a Housing
Ordinance regulating supplied facilities, maintenance , and occupancy of
dwellings and dwelling units be adopted .
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
SECTION 1 , DEFINITIONS
The following definitions shall apply in the interpretation and
enforcement of this Ordinance :
1 . 1 Basement shall mean a portion of a building located partly under-
ground, but having less than half its clear floor-to-ceiling
height below the average grade of the adjoining ground .
1 . 2 Cellar shall mean a portion of a building located partly or
wholly underground , and having half or more than half of its
clear floor-to-ceiling height below the average grade of the
adjoining ground .
1 .3 Dwelling shall mean any building which is wholly or partly used
or intended to be used for living or sleeping by human occupants :
Provided that temporary housing as hereinafter defined shall not
be regarded as a dwelling .
1 . 4 Dwelling Unit shall mean arty room or group of rooms located
within a dwelling and forming a single habitable unit with
facilities which are used or intended to be used for living,
sleeping , cooking, and eating .
1 . 5 Extermination shall mean 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 Housing Officer .
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1 . 6 Garbage shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking , and consumption of food .
1 . 7 Habitable Room shall mean a room or enclosed floor space used
or intended to be used for living , sleeping, cooking, or eating
purposes, excluding bathrooms, water closet compartments,
laundries , pantries , foyers , or communicating corridors, closets ,
and storage spaces .
1 . 8 Housing Board shall be a committee composed of the Housing Officer
and three members appointed by the mayor .
1 . 9 Housing Officer shall mean the legally designated authority of the
City of Fayetteville , Arkansas , or his authorized representative .
1 . 10 Infestation shall mean the presence , within or around a dwelling ,
of any insects , rodents or other pests .
1 . 11 Multiple Dwelling shall mean any dwelling containing more than
two dwelling units .
1 . 12 Occupant shall mean any person, over 1 year of age , living,
sleeping , cooking, or eating in, or having actual possession of,
a dwelling unit or rooming unit .
1 . 13 Operator shall mean any person who has charge , care , or control
of a building , - or part thereof , in which dwelling units or
rooming units are let .
1 . 14 Ordinary Minimum Winter Conditions shall mean the temperature
15 °F . above the lowest recorded temperature for the previous
10-year period .
1 . 15 Owner shall mean any person who , alone or jointly or severally
with others :
( a ) Shall have legal title to any dwelling 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 , and of rules and
regulations adopted pursuant thereto , to the same extent
as if he were the owner .
1 . 16 Person shall mean and include any individual , firm, corporation,
association, or partnership .
1 . 17 Plumbing shall mean and include all of the following supplied
facilities and equipment : Gas pipes , gas-burning equipment ,
water pipes , garbage disposal units , waste pipes , water closets
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sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes-washing machines, catch basins , drains,
vents, and any other similar supplied fixtures, together with
all connections to water, sewer , or gas lines .
1 . 18 Roo Unit shall mean any room or group of rooms forming a
single habitable unit used or intended to be used for living
and sleeping , but not for cooking or eating purposes .
1: 19 Rooming House shall mean any dwelling , or that part of any
dwelling containing one or more rooming units, in which space
is let by the owner or operator to three or more persons who are
not husband or wife , son or daughter, mother or father, or sister
or brother of the owner or operator .
1120 Rubbish shall mean combustible and noncombustible waste materials,
except garbage ; and the term shall include the residue from the
burning of wood , coal, coke , and other combustible material,
paper, rags , cartons, boxes , wood , excelsior, rubber, leather,
tree branches , yard trimmings, tin cans, metals , mineral matter,
glass crockery, and dust .
1 . 21 Supplied shall mean paid for, furnished, or provided by or under
the control of, the owner or operator .
1. 22 ' Temporary Housing shall mean any tent , trailer, or other structure
used for human shelter which is designed to be transportable and
which is not attached to the ground, to another structure , or
to any utilities system on the same premises for more than 30
consecutive days .
1 .23 Meaning of Certain Words . Whenever the words " dwelling , 11
" dwelling unit , " "rooming house , " " rooming unit, " "premises, "
are used in this ordinance , they shall be construed as though
they were followed by the words "or any part thereof . ,,
SECTION 2 . INSPECTION OF DWELLINGS, DWELLING
UNITS, ROOMING UNITS AND PREMISES
2 . 1 The Housing Officer is hereby authorized and directed , to make
inspections to determine the condition of dwellings , dwelling
units, rooming units, and premises located within this City
of Fayetteville , Arkansas , in order that he may perform his
duty of safeguarding the health and safety of the occupants
of dwellings and of the general public . For the purpose of
making such inspections the Housing Officer is hereby authorized
to enter , examine , and survey at all reasonable times all dwell-
ings, dwelling units , rooming units, and premises . The owner
or occupant of every dwelling, dwelling unit, and rooming unit ,
or the person in charge thereof, shall give the Housing Officer
free access to such dwelling , dwelling unit or rooming unit and
its premises, at all reasonable times for the purpose of such
inspection, examination, and survey . Every occupant of a dwell-
ing or dwelling unit shall give the owner thereof, or his agent
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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 or alterations as are necessary to effect
compliance with the provisions of this ordinance or with any
lawful rule or regulation adopted or any lawful order issued
pursuant to the provisions of this ordinance .
SECTION 3 • ENFORCEMENT — SERVICE OF NOTICES
AND ORDERS —HEARINGS
3 . 1 Whenever the Housing Officer determines that there are reason-
able grounds to believe that there has been a violation of any
provision of this ordinance or of any rule or regulation adopted
pursuant thereto , he shall give 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 ) Allow a reasonable time for the performance of any act it
required ;
( d) Be served upon the owner or his agent , or the occupant , as
the case may require : Provided that such notice shall be
deemed to be properly served upon such owner or agent , or
upon such occupant , if a copy thereof is served upon him
personally; or if a copy thereof is sent by certified mail
to his last known address ; or if a copy thereof is posted
in a conspicuous place in or about the dwelling affected by
the notice ; or if he is served with such notice by any
other method authorized or required under the laws of this
state .
Such notice may :
( e ) Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this ordinance
and with rules and regulations adopted pursuant thereto .
3 . 2 Any person affected by any notice which has been issued in
connection with the enforcement of any provision of this
ordinance , or of any rule or regulation adopted pursuant
thereto , may request and shall be granted a hearing on the
matter before the Housing Board : Provided that such person
shall file in the office of the Housing Officer a written
petition requesting such hearing and setting forth a brief
statement on the grounds therefor within 10 days after the day
the notice was served . Upon receipt of such petition the
Housing Board shall set a time and placefor such hearing
and shall give the petitioner written notice thereof . At
such hearing the petitioner shall be given an opportunity to
be heard and to show why such notice should be modified or
withdrawn. The hearing shall be commenced not later than
10 days after the day on which the petition was filed :
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Provided that upon application of the petitioner the Housing
Board may postpone the date of the hearing for a reasonable
time beyond such 10-day period , if in its judgment the petitioner
has submitted a good and sufficient reason for such postponement .
3 . 3 After such hearing the Housing Board shall sustain, modify,
or withdras the notice , depending upon its finding as to whether
the provisions of this ordinance and of the rules and regulations
adopted pursuant thereto have been complied with . If the Housing
Board sustains or modifies such notice , it shall be deemed
to be an order . Any notice served pursuant to Subsection 3 . 1 of
this ordinance shall automatically become an order if a written
petition for a hearing is not filed in the office of the Housing
B o a rd- within 10 days after such notice is served . After a
hearing in the case of any notice suspending any permit required
by this ordinance or by any rule or regulation adopted pursuant
thereto , when such notice has been sustained by the Housing
B o ard , the permit shall be deemed to have been revoked . Any
such permit which has been suspended by a notice shall be deemed
to be autozatically revoked if a petition for hearing is not
filed in the office of the Housing Board within -10 days - after
such notice is served .
3 . 4 The proceedings at such hearing, including the findings and
decision of the Housing Board ; . shall be' summarized , reduced '
to writing, and entered as a matter of public record in the
office of the Housing Board . Such record shall also include
a copy of every notice or order issued in connection with the
matter . Any person aggrieved by the decision of the Housing
B o a r d may seek relief therefrom before the Board of Appeal,
existing under the Building Code Ordinance , and thereafter in
any court of competent jurisdiction, as provided by the laws
of this state .
3 . 5 Whenever the Housing Officer finds that an emergency exists
which requires immediate action to protect the public health ,
he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such
action be taken as he deems necessary to meet the emergency .
Nothwithstanding the other provisions of this ordinance , such
order shall be ' effective immediately . Any person to whom such
order is directed shall comply therewith immediately, but
upon petition to the Housing B o a rd shall- be afforded : a hear-
ing as soon. as possible . After such hearing, depending upon
his finding as to whether the provisions of this ordinance and
of the rules and regulations adopted pursuant thereto have
been complied with , the Housing Officer shall continue such
order in effect , or modify it , or revoke it .
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SECTION 4 . ADOPTION OF RULES AND REGULATIONS
BY THE HOUSING OFFICER
4 . 1 The Housing Board is--hereby authorized to make .and , after .
a motion therefor has been approved by a resolution of the
City Council of the City of Fayetteville , Arkansas , to adopt
such written rules and regulations as may be necessary for
the proper enforcement of the provisions of this ordinance :
Provided that such rules and regulations shall not be in con-
flict with the provisions of this ordinance . The Housing
Board shall file a certified copy of all rules and regulations
which he may adopt with the clerk of this City of Fayetteville ,
Arkansas .
SECTION 5 . MIND4UN STANDARDS FOR BASIC
EQUIPMENT 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 :
5 . 1 Every dwelling unit shall contain a kitchen sink in good
working condition and properly connected to a water and
sewer system approved by the Housing Officer .
5 . 2 Every dwelling unit ( except as otherwise permitted under
Subsection 5 . 4 of this Section) shall contain a room which
affords privacy to a person within said room and which is
equipped with a flush water closet and a lavatory basin in
good working condition and properly connected to a water and
sewer system approved by the Housing Officer .
5 . 3 Every dwelling unit ( except as otherwise permitted under Sub-
section 5 . 4 of this Section ) shall contain, within a room
which affords privacy to a person within said room, a bath -
tub or shower in good working condition and properly connected
to a water and sewer system approved by the Housing Officer .
5 . 4 The occupants of not more than two dwelling units may share
a single flush water closet , a single lavatory basin, and a
single bathtub or shower if :
( a ) Neither of the two dwelling units contains more than two
rooms : Provided that , for the purposes of this Sub-
section, a kitchenette or an effeciency kitchen with
not more than 60 square feet of floor area shall not
be counted as a room; and
( b) The habitable area of each of such dwelling units shall
equal not more than 250 square feet of floor area;
and
( c ) Such water closet , lavatory basin, and bathtub or shower
shall be in good working condition and properly connected
to a water and sewer system approved by the Housing Officer .
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5 . 5 Every kitchen sink , lavatory basin , and bathtub or shower
required under the provisions of Subsections 5 . 1, 5 . 2, 5 . 3 ,
and 5 . 4 of Section 5 of this ordinance shall be properly con-
nected with both hot and cold water lines .
5 . 6 Every dwelling unit shall be supplied with adequate rubbish
storage facilities , type and location of which are approved
by the Housing Officer .
5 . 7 Every dwelling unit shall have adequate garbage disposal
facilities or garbage storage containers , type and location
of which are approved by the Housing Officer .
5 . 8 Every dwelling shall have supplied water-heating facilities
which are properly installed , are maintained in safe and good
working condition, are properly connected with the hot water
lines required under the provisions of Subsection 5 . 5 of
Section 5 of this ordinance , and are capable of heating water
to such a temperature as to permit an adequate amount of water
to be drawn at every required kitchen sink, lavatory basin,
bathtub or shower at a temperature of not less than 120°F .
Such supplied water-heating facilities shall be capable of
meeting the requirements of this Subsection when the dwelling
or dwelling unit heating facilities required under the pro-
visions of Subsection 6 . 5 of Section 6 of this ordinance are
not in operation.
5 . 9 Every dwelling unit shall have safe , unobstructed means of
egress leading to safe and open space at ground level , as
required by the laws of this state and this City of Fayetteville ,
Arkansas .
SECTION 6 . 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 :
6 . 1 Every habitable room shall have at least one window or sky-
light facing directly to the outdoors . The minimum total
window area , measured between stops , for every habitable room
shall be 10 per cent of the floor area of such room . When-
ever walls or other portions of structures face a window of
any such room and such light-obstruction structures are located
less than 3 feet from the window and extend to a level above
that of the ceiling of the room, such a window shall not be
deemed to face directly to the outdoors and shall not be in-
cluded as contributing to the required minimum total window
area . Whenever the only window in a room is a skylight-type
window in the top of such room, the total window area of such
skylight shall equal at least 15 per cent of the total floor
area of such room.
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6 . 2 Every habitable room shall have at least one window or skylight
which can easily be opened , or such other device as will adequately
ventilate the room. The total of openable window area in every
habitable room shall be equal to at least 45 per cent of the
minimum window area size or minimum skylight-type window size ,
as required in Subsection 6 . 1 of Section 6 0£ this ordinance ,
except where there is supplied some other device affording
adequate ventilation and approved by the Housing Officer ,
6 .3 Every bathroom and water closet compartment shall comply with
the light and ventilation requirements for habitable rooms
contained in Subsections 6 . 1 and 6 . 2 of Section 6 , except that
no window or skylight shall be required in adequately ventilated
bathrooms and water closet compartments equipped with a venti-
lation system which is capable of being kept in continuous
operation and approved by the Housing Officer .
6 . 4 Where there is electric service available from power lines
whichare not more than 300 feet away from a dwelling, every
habitable room of such dwelling shall contain at least two
separate floor or wall-type electric convenience outlets, or
one such convenience outlet and one supplied ceiling-type
electric light fixture ; and every water closet compartment ,
bathroom, laundry room, furnace room, and public hall shall
contain at least one supplied ceiling- or wall-type electric
light fixture . Every such outlet and fixture shall be properly
installed, shall be maintained in good and safe working con-
dition, and shall be connected to the source of electric power
in a safe manner .
6 . 5 Every dwelling shall have heating facilities which are properly
installed , are maintained in safe and good working condition,
and are capable of safely and adequately heating all habitable
rooms , bathrooms, and water closet compartments in every dwell-
ing unit located therein to a temperature of at least 701F . ,
at a distance three feet above floor level, under ordinary .
minimum winter conditions .
6 . 6 Every public hall and stairway in every multiple dwelling con-
taining five or more dwelling units shall be adequately lighted
at all times . Ever• public hall and stairway in structures
devoted soley to dwelling occupancy and containing not more
than four 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 .
6 . 7 During that portion of each year when the Housing 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 every window
or other device with openings to outdoor space , used or intended
to be used for ventilation, shall likewise be supplied with
screens : Provided that such screens shall not be required
during such period in rooms deemed by the Housing Officer
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to be located high enough in the upper stories of buildings
as to be free from such insects , and in rooms located in
areas of this City of Fayetteville , Arkansas, which are
deemed by the Housing Officer to have so few such insects
as to render screens unnecessary .
6 . 8 Every basement or cellar window used or intended to be used
for ventilation, and every other opening to a basement which
might provide an entry for rodents , shall be supplied with
a screen or such other device as will effectively prevent
their entrance .
SECTION 7 . GENERAL REQUIREMENTS RELATING TO
THE SAFE AND SANITARY MAINTENANCE OF
PARTS OF DL^JELLINGS AND DWELLING UNITS
No person shall occupy as owner-occupany 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 :
7 . 1 Every foundation, floor, wall, ceiling , and roof shall be
reasonably weathertight , watertight , and rodentproof; shall
be capable of affording privacy; and shall be kept in good
repair .
7 . 2 Every window, exterior door, and basement hatchway shall be
reasonably weathertight , watertight , and rodentproof; and shall
be kept in sound working condition and good repair .
7 . 3 Every inside and outside stair, every porch , and every appurte-
nance thereto shall be so constructed as to be safe to use
and capable of supporting the load that normal use may cause
to be placed thereon; and shall be kept in sound condition
and good repair .
7 . 4 Every plumbing fixture and water and waste pipe shall be
properly installed and maintained in good sanitary working
condition, free from defects , leaks, and obstructions .
7 . 5 Every water closet compartment floor surface and bathroom
floor surface shall be constructed and maintained so as to
be reasonably impervious to water and so as to permit such
floor to be easily kept in a clean and sanitary condition .
7 . 6 Every supplied facility, piece of equipment , or utility which
is required under this ordinance shall be so constructed or
installed that it will function safely and effectively, and
shall be maintained in satisfactory working condition .
7 . 7 No owner, operator, or occupant shall cause any service ,
facility, equipment , or utility which is required under this
ordinance to be removed from or shut off from or discontinued '
for any occupied dwelling let or occupied by him, except for
such temporary interruption as may be necessary while actual
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repairs or alterations are in process, or during temporary
emergencies when discontinuance of service is approved by
the Housing Officer .
7 . 8 No owner shall occupy or let to any other occupant any vacant
dwelling unit unless it is clean, sanitary, and fit for human
occupancy .
SECTION 8 . MINIMU14 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 :
8 . 1 Every dwelling unit shall contain at least 150 square feet of
floor space for the first occupant thereof and at least 100
additional square feet of floor space for every additional
occupant thereof, the floor space to be calculated on the
basis of total habitable room area .
8 . 2 In every dwelling unit of two or more rooms, every room
occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor space , and every room
occupied for sleeping purposes by more than one occupany
shall contain at least 50 square feet of floor space for
each occupant thereof .
8 . 3 No dwelling or dwelling unit containing two or more sleeping
rooms shall have such room arrangements that access to a
bathroom or water closet compartment intended for use by
occupants of more than one sleeping room can be had only by
going through another sleeping room; nor shall room arrange-
ments be such that access to a sleeping room can be had only
by going through another sleeping room or a bathroom or
water closet compartment .
8 . 4 At least one-half of the floor area of every habitable room
shall have a ceiling height of at least six and one-half ( 6 1/2 )
feet ; and the floor area of that part of any room where the
ceiling height is less than five ( 5 ) feet shall not be con-
sidered as part of the floor area in computing the total floor
area of the room for the purpose of determining the maximum
permissible occupancy thereof .
8 . 5 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 under-
ground and surface runoff water and are insulated against
dampness ;
( b) The total of window area in each room is equal to at least
the minimum window area sizes as required in Subsection
6 . 1 of Section 6 of this ordinance ;
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( c ) Such required minimum window area is located entirely
above the grade of the ground adjoining such window
area ; and
( d ) The total of openable window area in each room is equal
to at least the minimum as required under Subsection
6 . 2 of Section 6 of this ordinance , except where
there is supplied some other device affording adequate
ventilation and approved by the Housing Officer .
SECTION 9 . RESPONSIBILITIES OF DINERS AND
OCCUPANTS
9 . 1 Every owner of a dwelling containing two 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 .
9 . 2 Every occupant of a dwelling or dwelling unit shall keep in
a clean and sanitary condition that part of the dwelling,
dwelling unit , and premises thereof which he occupies and
controls .
9 . 3 Every occupant of a dwelling or dwelling unit shall dispose
of all his rubbish in a clean and sanitary manner by plac-
ing it in the rubbish containers required by Subsection 5 . 6
of Section 5 of this ordinance .
9 . 4 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 facilities or garbage
storage containers required by Subsection 5 . 7 of Section 5
of this ordinance . It shall be the responsibility of the
owner to supply such facilities or containers for all dwell-
ing 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 facilities or containers .
9 . 5 Every occupant of a dwelling or dwelling unit shall be
responsible for hanging all screens and double or storm doors
and windows whenever the same are required under the pro-
visions of this ordinance or of any rule or regulation
adopted pursuant thereto , except where the owner has agreed
to supply such service .
9 . 6 Every occupant of a dwelling 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 more than
one dwelling unit shall be resonsible for such extermination
whenever his dwelling unit is the only one infested . Not-
withstanding the foregoing provisions of this subsection,
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whenever infestation is caused by failure of the owner to
maintain a dwelling in a rat-proof or reasonably insect-
proof condition, extermination shall be the responsibility
of the owner . Whenever infestation exists in two or more
of the dwelling units in any dwelling , or in the shared or
public parts of any dwelling containing two or more dwell-
ing units, extermination thereof shall be the responsibility
of the owner .
9 . 7 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 .
SECTION 10 . ROOMING HOUSES
No person shall operate a rooming house , or shall occupy or let
to another for occupancy any rooming unit in any rooming house , except
in compliance with the provisions of every section of this ordinance
except the provisions of Section 5 and Section 9 .
10 . 1 No person shall operate a rooming house unless he holds a
valid rooming house permit issued by the Housing Officer
in the name of the operator and for the specific dwelling
or dwelling unit . The operator shall apply to the Housing
Officer for such permit , which shall be issued by the Hous-
ing Officer upon compliance by the operator with the applicable
provisions of this ordinance and of any rules and regulations
adopted pursuant thereto . This permit shall be displayed in
a conspicuous place within the rooming house at all times .
No such permit shall be transferable . Every person holding
such a permit shall give notice in writing to the Housing
Officer within 24 hours after having sold , transferred,
given away, or otherwise disposed of ownership of, interest
in, or control of any rooming house . Such notice shall
include the name and address of the person succeeding to the
ownership or control of such rooming house . Every rooming
house permit shall expire at the end of one year following
its date of issuance , unless sooner suspended or revoked as
hereinafter provided .
10 . 2 Any person whose application for a permit to operate a room-
ing house has been denied may request and shall be granted
a hearing on the matter before the Housing Officer, under the
procedure provided by Section 3 of this ordinance .
10 . 3 Whenever upon inspection of any rooming house the Housing
Officer finds that conditions or practices exist which are
in violation of any provision of this ordinance or of any
rule or regulation adopted pursuant thereto , the Housing
Officer shall give notice in writing to the operator of such
rooming house that unless such conditions or practices are
corrected within a reasonable period, to be determined by
the Housing Officer , the operator ' s rooming house permit will
be suspended . At the end of such period the Housing Officer
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shall reinspect such rooming house, and if he finds that
such conditions or practices have not been corrected, he
shall given Notice in writing to the operator that the latter's
permit has been suspended. Upon receipt of notice of suspension,
such operator shall immediately cease operation of such room-
ing house, and no person shall occupy for sleeping or living
purposes any rooming unit therein.
10.4 Any person whose permit to operate a rooming house has been
suspended, or who has received notice from the Housing Officer
that his permit is to be suspended unless existing conditions
or practices at his rooming house are corrected, may request
and shall be granted a hearing on the matter before the Hous-
ing Officer, under the procedure provided by Section 3 of this
ordinance: Provided that if no petition for such hearing is
filed within 10 days following the day on which such permit
was suspended, such permit shall be deemed to have been auto-
matically revoked.
10.5 Flush water closet(s), lavatory basin(s), and bathtub(s) or
shower(s), properly connected to a water and sewer system
approved by the Housing Officer and in good working condition
shall be supplied in quantities conforming to Minimum
Facilities for Dormitories of the Arkansas State Plumbing
Code, latest edition. All such facilities shall be so located
within the dwelling as to be reasonably accessible from a common
hall or passageway to all persons sharing such facilities.
Every lavatory basin and bathtub or shower shall be supplied
with hot and cold water at all times. No such facilities shall
be located in a basement except by written approval of the
Housing Officer.
10.6 The operator of every rooming house shall change supplied
bed linen and towels therein at least once each week, and
prior to letting of any room to any occupant. The operator
shall be responsible for the maintenance of all supplied
bedding in a clean and sanitary manner.
10.7 Every room occupied for sleeping purposes by one person shall
contain at least 70 square feet of floor space, and every
room occupied for sleeping purposes by more than one person
shall contain at least 50 square feet of floor space for
each occupant thereof.
10.8 Every rooming unit shall have safe, unobstructed means of
egress leading to safe and open space at ground level, as
required by the laws of this state and this City of
Fayetteville, Arkansas.
10.9 The operator of every rooming house shall be responsible for
the sanitary maintenance of all walls, floors, and ceilings
and for maintenance of a sanitary condition in every other
part of the rooming house; and he shall be further responsible
for the sanitary maintenance of the entire premises where
the entire structure or building is leased or occupied by
the operator.
-14-
10.10 Every provision of this ordinance which applies to rooming
houses shall also apply to hotels and motels, except to the
extent that any such provision may be found in conflict with
the laws of this state or with the lawful regulations of any
state board or agency.
SECTION 11. DESIGNATION OF UNFIT DWELLINGS
AND LEGAL PROCEDURE OF CONDEMNATION
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 com-
pliance with Section 3 and with the following requirements:
11.1 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 Housing Officer:
11.1.1 One which is so damaged, decayed, dilapidated,
insanitary, unsafe, or vermin -infested that it
creates a serious hazard to the health or safety
of the occupants or of the public.
11.1.2 One which lacks illumination, ventilation, or
sanitation facilities adequate to protect the
health or safety of the occupants or of the public.
11.1.3 One which because of its general condition or
location is insanitary, or otherwise dangerous,
to the health or safety of the occupants or of
the public.
11.2 Any dwelling or dwelling unit condemned as unfit for human
habitation, and so designated and placarded by the Housing
Officer, rha11.be vacated withih'a reascnable time as
ordered by the Housing Officer.
11.3 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 Housing Officer. The
Housing Officer shall remove such placard whenever the defect
or defects upon which the condemnation and placarding action
were based have been eliminated.
11.4 No person shall deface or remove the placard from any dwell-
ing or dwelling unit which has been condemned as unfit for
human habitation and placarded as such, except as provided
in Subsection 11.3.
11.5 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 request ,and shall be granted
a hearing on the matter before the Housing Officer, under
the procedure set forth in Section 3 of this ordinance.
-15 -
SECTION 12. PENALTIES
12:1 Any, person who shall violate any provision of this ordinance
or any provision of any rule or regulation adopted by the
Housing Officer pursuant to the authority granted by this
ordinance,. shall be guilty of a misdemeanor and upon convict-
ion shall be fined twenty-five dollars ($25.00) and double that
amount for each repetition of such offense or violation,
provided, that if such violation or offense is in its nature,
continuous in respect to time, the fine or penalty for allow-
ing continuance thereof shall be fifteen dollars ($15.00) for
each day that the same may be unlawfully continued.
SECTION 13. CONFLICT OF ORDINANCES - EFFECT
OF PARTIAL INVALIDITY
13.1 In any case where a provision of this ordinance is found to
be in conflict with a provision of any zoning, building, fire,
safety, or health ordinance or code of this City of Fayetteville,
Arkansas, existing on the effective date of this ordinance, the
provision which establishes the higher standard for the
promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this ordinance
is found to be in conflict with a provision of any other
ordinance or code of this City of Fayetteville, Arkansas,
existing on the effective date of this ordinance which
establishes a lower standard for the promotion and protection
of the health and safety of the people, the provisions of this
ordinance shall be deemed to prevail, and such other ordinances
or codes are hereby declared to be repealed to the extent that
they may be found in conflict with the ordinance.
13.2 If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance should be declared invalid for any
reason whatsoever, such decision shall not affect the remain-
ing portions of this ordinance, which shall remain in full
force and effect; and to this end the provisions of this
ordinance are hereby declared to be severable.
SECTION 14. EFFECTIVE DATE
14.1 This ordinance shall be in full force and effect from and
after its passage, approval, and publication.
• PASSED AND APPROVED this 15th day of February , 1965.
APPROVED:
•
ATTEST: U Zi I W
GUY E. BROWN, MAYOR
GEORGE. tfAVIS, CITY CLERK
C
TABLE OF CONTENTS
Section
1.
Definitions•...•...........................,...... .
1
Section2.
Inspection ......................................:..
3
Section
3.
Enforcement .............. ••4
Section
-4•
Adoption of Rules and Regulations ........._...::..
6
Section
5.
Minimum Standards for Basic Equipment and
Facilities ...........................:...........
6
Section
6.
Minimum Standards for Light, Ventilation,
andHeating ....................................
7
Section
7.
Safe and Sanitary Maintenance .....................
9
Section
8.
Minimum Space, Use, and Location Requirements •••••
10
Section
9.
Responsibilities of Owners and Occupants ••••••••••
11
Section10.
Rooming Houses ........... ..........................
12
Section
11.
Condemnation Procedure ............................
14
Section
12.
Penalties..........................a••....::....
15
Section
13.
Conflict of Ordinances .............................
15
Section
14•
Effective Date ..,.... ....................,...,,.....
15
MiCRO.n141F0.M� b
DATE
REED
LegDjNotces—
ORDINANCE NO. 1436
AN ORDINANCE TO BE KNOWN
AS THE HOUSING ORDINANCE,
ESTABLISHING MI N I. M U M
STANDARDS GOVERNING THE
CONDITION AND •M A I N T E-
NANCES OF DWELLINGS; ES-
TABLISHING MINIMUM STAN-
DARDS
GOVERNING SUPPLIED
UTILITIES AND FACILITIES AND
OTHER PHYSICAL THINGS AND'
CONDITIONS ESSTENTIAL TO
MAKE DWELLINGS SAFE. SANITARY AND FIT FOR HUMAN HA-
BITATION: ESTABLISHING MIN-
IMUM STANDARDS GOVERNING
THE CONDITION OF DWELLINGS
OFFERED"'FOR-'RENT; FIXING
C E.R-T'ALPN' RESPONSIBILITIES
AND DUTIES OF OWNERS AND
TS OCCUPANnjOF DWELLINGS;
AUTHORIZING THE' INSPECTION
OF_D.WEUtINGS,AND THE CON-
DEMNATION OF DWELLINGS
UNFITFOR' HUMAN HABITA-
TION TAND FIXING PENALTIES
FORLVIOI'A'TIONS-
; �WPEREAS in- the City of Fay-
ettes�ille Arkansas, there are. or
me'y$1ria
he�future be. dwelling
itructuies}wliieh(are so dilapidated.
unsafe;iangeious, unhygienic, or
Insanitary A a tomconstitute a men-
ace toittel;healthYa`nd safety of the
people in this City of Fayetteville.
Arkansas; and
WHEREASr-The Council of the
City of Fayettev_itle; Arkansas, finds
that it is to the best Interest of the
City of Fayetteville In order to
preserve the health, safety, and
property of the public that a Hous-
ing Ordinance regulating supplied
facilities, maintenance, and occu-
pancy of dwellings and dwelling
units be adopted.
NOW. THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
SECTION 1. DEFINITIONS
The following definitions shall ap-
ply)uigpthey interpretation and en-
forcemea'trof this Ordinance:
1.18asemant shall mean a por-
tion of a building located part-
ly underground, but having
less than half its clear floor -
to -ceiling, height, below the
average grade'.of the adjoin- -
14 NORTHWEST ARKANSAS TIMES, Fayetteville, Arkansas, Monday, March 8, 1965
Legal Notices— Legal Notices— Legal Notices— Legal Notices— Legal Notices— Legal Notices—
ing ground, reasonable grounds to believe than two dwelling units may used for ventilation, and every and every occupant of a ty of the occupants or of
1.2 Cellar shall mean a portion of that there has been a viola- share a single f I u a h water other opening to a basement dwelling unit shall be r"pn- the public.
a building located partly or tion of any provision of this closet, a single lavatory basin, which might provide an en- ing containing more than one 11.1.2 One which lacks ilium -
wholly underground, and hav- ordinance or of any rule or and a single bathtub or show- try for rodents, shall be sup- dwelling unit shall be reson- (nation, ventilation, or
ing half or more than half of regulation adopted pursuant er if: piled with a screen or such sible for such extermination sanitation facilities ade-
. its clear floor -to -telling height thereto, he shall give notice (a) Neither of the two dwell- other device as will effective- whenever his dwelling unit quate to protect the
below the average grade of of such alleged violation to Ing units contains more ly prevent their entrance. is the only one infested. Not- health or safety of the
the adjoining ground. the person or persons respon- than two rooms: Provid. SECTION 7. GENERAL REQUIRE- withstanding the foregoing occupants or of the pub -
1.3 Dwelling snail mean any sible therefor, as hereinafter ed that, for the purposes MENTS RELATIONG TO THE provisions of this subsection, lie.
building which is, wholly or provided. Such notice shall: of this Subsection, a kit- SAFE AND SANITARY MAINTEN- whenever infestation is caused 11.1.3 One which because of its
partly used or intended to be (a) Be put in writing; chenette or an effeciency ANCE OF PARTS OF DWELLINGS by failure of the owner to general condition or lo-
used for living or sleeping by (b) Include a statement of the kitchen with not more AND DWELLING UNITS maintain a dwelling in a rat- cation is insanitary, or
human occupants: Provided reasons why it is being than 60 square feet of floor No person shall occupy as owner• proof or reasonably insect- otherwise dangerous, to
that temporary housing as Issued: area shall not be counted occupant or let to another for oc- proof condition, extermination the health or safety of
hereinafter defined shall not (e) Allow a reasonable time as a room: and cupancy any dwelling or dwelling shall be the responsibility of the occupants or of the
be regarded as a dwelling, for the performance of any (b) The habitable area of unit, for the purpose of living the owner. Whenever infests- public.
1.4 Dwelling Unit shall mean any act it required; each of such dwelling therein, which does not comply with tion exists in two or more of 11.2 Any dwelling or dwelling unit
room or group of rooms lo- (d) Be carved upon the owner units shall equal not more the following requirements: the dwelling units in any condemned as unfit for human
cated within a dwelling and or his agent, or the Pace- than 250 square feet of 7.1 Every foundation, floor, wall, dwelling, or in the shared or habitation, and so designated
forming a single habitable unit pant. as the case may re- floor area; and ceiling, and roof shall be rea• public parts of any dwelling and placarded by the Hous-
with facilities which are used quire: Provided that such (c) Such water closet, lavat- sonably weathertight, water- containing two or more dwell- ing Officer, shall be vacated
or intended to be used for notice shall be deemed to o' basin, and bathtub or tight, and rodentproof; shall ing units, extermination there- within a reasonable time as
living, sleepin$„cooking, an, be properly served upon shower shall be in good be capable of affording pri- of shall be the responsibility of ordered by the Housing Of -
eating. .1. _ such owner or agent, or working condition and vacy; and shall be kept in the owner. Etter.
1.3 extermination ahalj,atnn tha ' Upon such occupant, if a properly connected to a good repair. 9.7 Every occupant of a dwelling 11.3 No dwelling or dwelling unit
control and dim (r1111YY11110f}fr' df In, copy thereof a served up- water and sewer system 7.2 Every window, exterior door, unit shall keep all plumbing which has been condemned
sects, rodents, p1i Nte on him personally i[ approved by the Housing and basement hatchway shall fixtures therein in a clean and and placarded as unfit for hu-
by eliminating tL _ e , a copy thereof is by Officer, be reasonably weathertight, sanitary condition and shall man habitation shall again be
places: by'reM certified mail to his lest 5.5 Every kitchen sink, lavatory watertight, and rodentproof; be responsible for the exercise used for human habitation un-
ing inaccessiblele,ttat known address: or if a basin, and bathtub or shower and shall be kept in sound of reasonable care in the prop- tit written approval Is secured
may serve as thsi copy thereof L posted in required under the provisions working condition and good er use and operation thereof, from, and such placard is re -
poisoning, spraying,'aiumtget- a conspicuous place in or of Subsections 5.1, 5.2. 5.3, and repair. SECTION 10. ROOMING HOUSES moved by, the Housing Offi-
ing, trapping; or by �ny other about the dwelling affect- 5.4 of Section 5 of this ordi- 7.3 Every Inside and outside stair, No person shall operate a room- cer. The Housing Officer shall
recognized and legs Meat eli- ad by the notice: or If he nance shall be properly con- every porch, and every ap- ing house, or shall occupy or let remove such placard when-
mination methods appspved by is Served with such notice netted with both hot and purtenance thereto shall be so to another for occupancy any room- ever the defect or defects up -
the Housing Office , by any other method au- cold water lines, constructed as to be safe to ing unit in any rooming house, ex- on which the condemnation
1.6 aarbage A AAD mean admal thorized Or required under 5.6 Every dwelling unit shall be use and capable of support- cept in compliance with the provi- and placarding action were
and vegetable was result- the Jews of this state. supplied with adequate rub- In the load that normal use sions of every section of this ordi- based have been eliminated.
Ing from the land rai' pre_ Such miles may: bish storage facilities, type tat it cause to be placed there- nance except the provisions of Sec- 11.4 No person shall deface or re-
paration, cooking, and con• lU Contain an outline o£ rem- and location of which are ap- on; and shall be kept in sound Lion 5 and Section 9. move the placard from any
sumption of foodSlat action which, if proved by the Housing Offl- condition and good repair 10.1 No person shall operate a dwelling or dwelling unit
1.7 Habitable Room shaft Mean a taken, will effect comDli- cer. 7.4 Every plumbing fixture and rooming house unless he which has been condemned as
room or enclosed floor space ance with the Provisions 5.7 Every dwelling unit shall have water and waste pipe shall be holds a valid rooming home unfit for human habitation
used or f tended •.O be wed of this ordinance and with adequate garbage disposal fee• properly installed and main- permit issued by the Homing and placarded as such, except
for living,4 al hail Ing. rules and regulations Miles or garbage storage con- tained in good sanitary work- Officer in the name of the as provided in Subsection 11.3.
or eating pas poses. ng adopted pursuant thereto. aliening condition. free from de-
, type and location of operator and for the specific 11.5 Any person affected by any
bathrooms, water t tom• 3.2 Any person affected by any which are approved by the fects, leaks, and obstructions, dwelling or dwelling unit. The notice or order relating to the
notice which has been issued Housing Officer. 7.5 Every water closet compart-
parlmena. aendgm. p�anAlu,d tacit floor surface and bath- operator shall apply to the condemning and placarding
foyers, or communicating core in connection with the en- Sts Every dwelling shall have sup- Housing Officer for such per- of a dwelling or dwelling unit
ridors, closets, and storage this omen of any provision of plied wre pr eating installed,
room floor surface shall be mit, which shall be issued by as unfit for human habitation
spaces. this ordinance. or of Any rule which are properly installed, constructed and maintained so the Homing Officer upon com- may request and shall be
IA Housing Board Abell lea a yeon- or regulation adopted pursuant are maintained in Safe and as to be reasonably impervious pliance by the operator with granted a hearing on the mat-
mittee compOAed of the Hoch thereto, may request and shall good working condition, are to water and so as to permit the applicable provisions of ter before the Housing Offi-
ing Officer and tttea abers be granted a hearing on the hot water lines required cansuch floor to be easily kept in this ordinance and of any rules cer, under the procedure set
appointed by tht'ynatr, matter beforethe Housing properly connected with the
shall a clean and sanitary condi- and regulations adopted pur- forth in Section 3 of this or -
1.9 Housing Officer shall mean Board: Provided that such der the provisions of Subsec- tion, suant thereto. This permit dinance.
the legally designated auth- person shall file in the office tion 5.5 of Section 5 of this 7.6 Every supplied facility, piece shall be displayed in a con- SECTION 12. PENALTIES
ority of the City of layette- of the Homing Officer a writ- ordinance, and are capable of of equipment, or utility which spicuous place within the 12.1 Any person who shall violate
ville. Arkansas, or his auth- ten petition requesting such heating water to such a tem- Is required under this ordi- rooming home at all times, any provision of this ordf-
orized representative, ' hearing and setting forth a perature as to Parrott an odenance shall be so constructed No such permit shall be trans- nance or any provision of any
1.10 Infestation Abell ,.nnthe pica brief statement on the grounds quate amount of water to be or installed that it will func- ferable. Every person holding rule or regulation adopted by
sense, within of around a therefor within 10 days after drawn at every required kit- tion safely and effectively, and such a permit shall give notice the Housing Officer pursuant
dwelling, of any insects, re- the day the notice was served. chen stn tory begin, bath- shall be working
maintained in antis- in writing to the Housing Of- to the authority granted by
dents or other pasts. Upon receipt of such petition tub or shower at a tempera- factory workincondition. ficer within 24 hours after this ordinance, shall be guilty
ha7.7 No owner, operator, or occu-
1.11 Multiple Dwelling shoal mean the Rousing Board shall Set ture of not less than 120 F, having sold, transferred,eigiven of a odshall misdemeanor and upon
any dwelling containing more a time and place for such Such suppliedshall water -heating pant shall cause any service, away, or otherwise disposed conviction shall be fined
than two dwelling units, hearing and shall give the facilities shall be capable of facility, equipment, or utility of ownership of, interest in, twenty-five dollars ($25.00)
1.12 Son, over shall agp, li per- petitioner written notice meeting the requirements of which is required under this or control of any rooming and double that amount for
thereof. At such hearing ordinance to be removed from
son, ing. 1 year . ago, ving, the this Subsection when the house. Such notice re in- each repetition provided, ov auch that If
or qh cooking. of eating Deportuni shop ee eirdn nd hweigg or dweluir uni- ue shut oaf from ur diecdwell- thedp n c and to e ou h v ooni nOthat is
in, or Navin actual unit r onity be heard and heating erfacilities msrequired can- ved for r occupied dwell- the ship r succeeding roto the such violation offense is
n
Ion in a dwelling unit or to show whyod such notice der the provisions Sfectio of of ths ing let or occupied by him, roomingipore. Eve of such in nature, econtinuous or
rooming unit, should wbe of with- iron 6.5 of Section 6 of this except for suchtemporarynec innecess-
ing ho home Every room- respect nalto time, the ont or
1.13 Operator shall Urge any per- drawn. TM hearing shall 0 ordinance are not in opera- termy while as may be noreal- ing home permit f expire penalty for fifteen
con who ohac u charge, care, or commenced ysnot later than 10 Evn. asY while actual c s,r al- the end of one s year follow- nance thereofshall ftday
control of a which or Dpart days after ithe day on which 5.9 Every stunit eal have taring is are mergen or Ing date a issuance, unless dollarl ($15.00) samfor each day
thereof,of, in which tl are let the peed that was filed: safe. unobstructed leadgto means of during temporary ofese esv- Assooner suspended pr orid revoked ll the same may be unlaw-
ldwhen discontinuance of sous- provided, fully continued.
units or rooming units are let. Provided upon applies- egress leading safe andas hereinafter
1.14 Ordinary Minimum Winter tion of the petitioner the Home- Open space at ground level, s ice is approved by the bus- 10.2 Any person whose
era e a application SECTION 13. CONFLICT OF PARTIAL
Conditions shall mean the big Board may postpone the required by the laws of this Ing Oner, s. for a permit to operate may NANCES — EFFECT OF PARTIAL
lowest temperature IS•F, above the date of the hearing for a state and this City of Fayette- 7.8 No owner shall occupy or let ing home has been denied may INVALIDITY
lowest recorded temperature reasonable time beyond such vole, Arkansas. to any other occupant any va- request and shall be granted a 13.1 In any case where a provision
for the previous 10 -year per- 10 -day period, if in its Judge- SECTION 6. MINIMUM STAND- cant dwelling until unless it hhp��rying on the matter before of this ordinance is found to
lod. ment tin petitioner has sub- ARDS FOR LIGHT, VENTILATION, a clean, sanitary, and fit for iiIY'Hou one Officer, under the be in conflict with a Provefon
1.15 Owner shall mean an -peon mated a and sufficient AND HEATING human occupancy, of an
godSECTION 8. MINIMUM SPACE, procedure provided by Section safety, or health buildinncetior who, alone or jointly or caw reason for such postponement. Roes No person shall occupy as own- 3 of this ordinance.
orally with others: 3.3 After such hearing the Rout- er-occupant or let to another for USE. AND LOCATION REQUIRE- 10.9 Whenever upon code of this City of Fayette -
(a) Shall have legit title to Ify, or. rd shall sustain, mod, occupancy any dwelling or dwell- MENTS housethe inspection anycondi- dwelling I&., r.withdrew the notice, hg unit, for the purpose of living No person shall occupy or let to any rooming the Hods- villa. Arkansas, existing on
dithout a 6 n ing Officer finds that the dinance. the date of this which
unit, with or without so- to whether
upon its finding u therein, which does not comply soil another for occupancy any dwell- tions or the
In or dwelling unit, for thepractices exist whichprovision which
companying actual poem, to whether the provisions the following requirements: 8 pur- are in violation of any pro- andestablishes the higher stand -
Sion thereof: or - this ordinance and of the rules 6.1 Every habitable room shall pose of living therein, which does vision of this ordinance or of and for the promotion and pro -
(b) Shall have charge, care or and regulations adopted our. have at least one window or not comply with the following re- any rule or regulation adopted tection of the health and safe -
control of any dwelling or scant thereto have been rota• skylight facing directly to the quirements:
pursuant thereto. the Housing ty of the people shall prevail,
dwelling t the, owner or oe with. If the dothe minimum e sal 8.1 Every dwelling u shall coo -o case where a g s6Housing Officer shall give notice in anyprovision
agent of the owner, or as Board sprtait or modifies window area, measured be. thin at 150 square feet of writing to the operator of such of this ordinance is found to
executory ttlx, ad- suck, notice, it be deem- s able tween stops, for every habit- floor space for the first occu- rooming house that unless be 1n conflict with a provi-
nlnatratpF, I• Adminatra- ed to be an order. Any notice able room shall be 10 per cent pant thereof and at least 100 such conditions or practices Sion of any other ordinance
- is. tfustoe. m guardian 'Served',pur uant to Subsection of the floor area of such room, additional square feet of floor are corrected within a reason- or code of this City of Fay-
Ot the estate at the owner. 3.1 of tht ordinance, shall au- Whenever walls or other por• space for every additional oc- ableetteville, Arkansas, existing
bons of structures face a win- cupant thereof, the floor space period, to be determineds
Any such person thus re- s written tbecome an a heaIf P by the s room Officer, the on the date of this
to be calculated on the basis
owner shall ha the actual to a s petition fora hear- dow of any such room andoperator's room en house per- ordinance which or the pro -
comply a
owner be bound to Ing is not filed 1n the office auch re located le n hen 3 If tote] d el in unit a tea.wo Poll will be suspended. At the low¢ edertl fo the mos ere located lees then 3 8.2 In every tlwelling unit of two
owith the provisions of of the Iiawlrg ch n within orend of such shall reinspect the Hous- motion and safety
othe the
of this ordinance. and of 10se days after heh notice a feet from the window that ha ex- cu more rooms, every pure se- ing Officer such health and safety of por-
r lutes toand [eguiare to, sery'ytiter a hegira in. the tend ei a level above of copied for sleeping purposespie, the provisions of this or-
id arooming home, and 1f or finds
� k ' , - "adopted tame ext thereto, , cue a any notlaf suspending the ceiling of the room, such by one occupant shall contain dinance shall be deemed to
to the came extent r o, any permit r anted. by this ' a window shall not be deemed at legal 70 square feet of floor that such conditions prac-
eqtices have not been corrected, prevail, and such other ordi-
hee
were the owner, ordinance or by any rule or to face directly to the outdoors space, and every room occu- he shall given notice in writing hereby de -
1.16 a arson shall mean and include regulation adopted notice
ost and shall not be included as pied for sleeping purposes by extent or codes are be
more than one occupant shall to the operator that the let- elated to be repealed the
any .individual,soatfirm, artner. thereto, ne such hrice has contributminimum to the required D tar's permit has been suspend- extent that they may found
hip. association, or partner- been sustained the all be
byminimum total window area. contain at least 50 square feet ed. Upon receipt of notice of in conflict with the ordinance.
ship. ing Hoard. the permit shell be Whenever the only window h cu floor spaceof. for each Po-
1.17 Plumbing shall mean and in- deemed to have been revoked, a room is thea skylight -type win- cupant thereof. suspension, such operator shall 13.2 If any , sentence,
subsection,
8.3 No dwelling or dwelling unit Immediately cease operation paragraph, sentence, clause, ce
elude all of the following sup- Any such suspended which has dow in top of such room, of such rooming house. and no phrase of this ordinance
or
the total window area of such containing two or more sleep- person shall occupy for steep- should be declared invalid for
plied pipes.
lend sing been des to a notice big rooms shall have such
me pipes, gas -burning equip- shall be deemed be auto- skylight shall lflo at least 15 per a Ing or living any reason whatsoever, such
ba cent of the total floor area of such room arrangements that closet oses Drein, any decision shall not affect the
tacit, water pipes, garbage for
revoked filed a pan the to a bathroom or water rooming unit therein.
disposal units, waste pipes, for hearing the not in the 6.2permit to remaining portions of this or-
dishwashers.com compartment intended for use 10.4 Any person whose
of Housing Board 6.2 Every at least
one room shall D dlnance, which shall remain In
water closets oinks, installedrt8by occupants of more than one operate a rooming house has
tubs,
shower
lavatories, installed
tics within served, days otter Such no• sayli whic window be a1Sepi groom can be had been Suspended, or who has full force and effect; and to
tubs, as - bath. Uahned The p eedwhich can t easily be only received notice from the Hous- this end the provisions of this
3.4 The proceedings digth at such car- opened, will or such other device a g�{n ng through shall
roomther ordinance are hereby declared
cloths - washing machine.,sloping room; nor shall room ing Officer that his permit a to be severable.
and any barns, similar lvents. decisiIng. on
of the
the wing B and as o . TThe total ta ventilateto be suspended unless exlst-
fnd other together
with hpliall summarized,
then z . reduced
the room. The iofn open- acceto a is be such that atSECTION 14. EFFECTIVE DATE
pa access to a sleeping room can ing conditions or arec correct-
t- 14.1 This ordinance shall be in
fixtures,connections
together all to twriting, fsummarized, reduced able window area h every be had only by going through his rooming home are correct-
or gas lines to water, sewer,and d as a habitable at
least room shall cent equal ed, may request and shall be full force and effect from and
or gas lines. matter of public Housing iin the tom i 45 per area the another sleepingwater room or a after itspassage,
1.18 Rooming Unit shall mean any office of the Board. minimum window size bathroom or closet com- granted a hearing on the mat- ublicatin, approval, and
partment. ter before the Housing Offi- PASSED AND APPROVED this
ing
in e of rooms form• Such record of shall also include minimum skylight -type in g 4 At least one-half of the floor cer, under the procedure pro -
or a single habitabletobunit user a copy of in
notice or with t- windowSubsection size, as required h vided by Section 3 of this or- 15th day of February, 1965.
Losarea of every habitable room dinance: Provided that if no or intended to be used for der Seed Sn connection 6.1 of cectfan 6 whereAPPROVED:
living and sleeping, but not the matter. Any persona the this ordinance, except shall st esix a ceiling height of gfeet;at last th and one-half that petition for such hearing is
for cooking or eating pur- Hoed nbyg the y of the device c is affording
some other and the floor area of that filed within 10 days following
Pgacy lit therefrom
Board may seek he ilnffdina adequatethe day on which such permit
part of any room where the
1.19 Rooming House shall mean lief therefrom before the the Housing
and approved by ceiling height is less than five was suspended. such permit
any dwelling or that part of Board of Appeal, existing un- the Housng pincer. (5) feet shall not be considered shall be deemed to have been
any dwelling ing unit one der the Building Code Ordl- 6.3 Every bathroom and water inautomatically revoked.
or more rooming units, in nonce, and thereafter in any closet compartment shall com- as part of the floor area 10.5 Flush water closet(s), lavatory
space is let by the own. court of competent jurisdlo- ply with the light and ventila- computing the total floor area
or or operator to three or tion, as provided by the laws tion requirements for habit- of the room for the purpose bashes), and bathtub(s) y or
Pe of determining the maximum to a watt
properly connected
more persons who as not has. of this eable rooms contained in Sub- permissible occupancy there- to a wet¢ and sewer system
band or wife, son or daughter. 3.5 Whenever the Housing Officer sections 6.1 and 6.2 of Section of approved by the Housing Offi-
mother or father, or sister or finds that an emergency ex- 6, except that no window or 8.5 No basement or cellar space cer and 1n good working con -
brother of the owner or Pact- safe which requires fmmedi- skylight shall be required in shall be used as a habitable dition shall be supplied in
ator. ate action to protest the pub- adequately ventilated bath -quantities conforming to Mfn-
1.20 Rubbish shall mean combustl- lie health, he may, without rooms and water closet corn- room or dwelling unit unless:
(a) The floor and walls are Imam Facilities for Dormftor-
ble and noncombustible waste
notice or hearing, blue an or-
partments equipped with a
Impervious to leakage of
les of the Arkansas State
materials, except garbage; and
der reciting the existence of
ventilation system which is
underground and surface
Plumbing Code, latest edition,
the term shall include the
such an emergency and re-
capable of being kept in con-
runoff water and are in-
All such facilities shall be so
residue from the burning of
quiring that such action be
he
tinuous operation and appro-
to against ;
located within the dwellin u
gg
wood, coal, coke, and other
taken AS deems necessary
ved by the Homing Officer.The
The total of window area
to be reasonably bcceeslss-
comcartons, bustible materiel, paper,
to meet the emergency. Not-
6.4 Where there is electric servic(b)e
in asroom is equal to
from a common hall
mmon pgas-
agsle
eags, boxes, wood,
the other pro-
visions
r from power lines
least
at the -
minimum win-
to persons sharing
such
, rubber, tree
branches.
of thisng
oordinance, such
whicavailh are
which not more than ng,
dow area sizes as required
fa
such falilia. Every lavatory
facilities,
srcoming,
order shall be. effective I
feet away from a dwelling,
in Subsection 6.d of Sec-
tSec-
basin and shower
pldb wr
mineral ma, en
gore, matter,
cans, metals,
person to
every habitable room of such
tion 6 of this ordinance;
be supplied withor
hot and
glass crockery, and dust.
rdy
whom p order directed
whom such
llcontain
ratll at lout
(c) Such mien-
ld a
suc water al dill mot.
1.21 shall mean Ddib for,
comply therewith
ion
tw see
two separate floor oor welt-
Areaeis
window area located en-
such facilitiesenshall be ed
fu nishe by or
furnished, or provided
medshali
but upon shall
to npe
type electric convenience out-
the
tirely g
lyabove
tea except by cared
under the control o.f own-
Q.f the
the Housing Board soon
the
lets. or one suchconvenience
enicece
ground adjoiningenauch
h
such
approval
ten approval of the Homing
Hsing
er or operator.
au as earn
be afforded ahearing
and one supplied cell-
weow
do area: and
Officer.
1,22 Ternporary trg
as possible. After such hear-
as
ind epa electric lightt
ing-type fixture;
totalof a win-
(d) Thearof
10.6 The operator every -
mean any tent, trailer, or
tent,
ing, depending ehis [Ind-
.
aom
and every water closet com-
dow area in each room is
each
ing hose
mshall change sup
ant structure used for gn-
whether
log u to the proved
ASto
rortment, bathroom. Laundry
equal to at least the mint-
linen
plied bed linen and towed
wels
man shelter which a design-
sions of this ordinance and
room, furnace room, and pub-
mum as required under
therein at least once each
ed to be transportable and
of the rules and regulations
lie hall shall contain at least
Subsection 6.2 of Section 6
week, and prior to letting of
which is not attached to the
adopted pursuant thereto have
one supplied ceiling -or wall-
of this ordinance, except
any room to any occupant.
ground, to another structure,
been compiled with, the Rous-
type electric light fixture,
where there is supplied
The operator shall be respon-
or to any utilities system on
tag Officer shall continue Such
Every such outlet and fixture
some other device afford-
sible for the maintenance of
the same '➢remises for more
order in effect, or modify it,
shall be properly installed.
ing adequate ventilation
all supplied bedding in a clean
than 30 consecutive days.
or revoke it.
shall be maintained in good
and approved by the Hous-
and sanitary manner.
1.23 Meaning ei Certain Words
SECTION 4. ADOPTION OF RULES
and safe working condition.
ing Officer.
10.7 Every room occupied for
Whenever the words "dwell-
AND REGULATIONS BY THE
and shall be connected to the
SECTION 9. RESPONSI13ILTTIES
sleeping purposes by more
ing," "dwelling unit," "room-
HOUSING OFFICER
source of electric power in a
OF OWNERS AND OCCUPANTS
than one person shall contain
ing house," "room unit."
4.1 The Homing Board is hereby
safe manner.
9.1 Every owner of a dwelling
at least 50 square feet of floor
"premises,' are wed in this
authorized to make and, after
6.5 Every dwelling shall have
containing two or more dwell-
space for each occupant there -
ordinance, they shall be con-
a motion therefor has been ap-
heating facilities which are
units shall be responsible fo
of.
strued as though they were
proved by a resolution of the
properly installed, are main-
maintaining in a clean and
10.8 Every rooming unit shall
followed by the words "or any
City Council of the City of
tained In safe and good work-
sanitary condition the shared
have safe, unobstructed means
part thereof."
Fayetteville. Arkansas, to
hg condition, and are capable
or public areas of the dwelling
of egress leading to safe and
SECTION 2. INSPECTION OF
adopt such written rules and
of safely and adequately heat-
and premises thereof.
open space at ground level, as
WELLINGS, DWELLING UNITS,
regulations as may be necess-
Ing all habitable rooms, bath-
9,2 Every occupant of a dwell-
required by the laws of this
DOMING UNITS AND PREMISES
an' for the proper enforce-
rooms, and water closet corn-
ing or dwelling unit shall keep
state and this City of Fayette -
2.1 The Housing Officer is hereby
meld of the provisions of this
partments in every dwelling
in a clean and sanitary condi-
ville, Arkansas,
authorized and directed to
ordinance: Provided that such
unit located therein to a tem-
tion that part of the dwelling,
10.9 The operator of every room -
make inspections to deter-
rules and regulations shall
perature of at least 70•F., at
dwelling, unit, and premises
ing house shall be responsible
mine the condition of dwell--
not be in conflict with the
a distance three feet above
thereof which he Occupies and
for the sanitary maintenance
dwelling
provisions
the file
under
ewter
]l s floors, and i
unit, and located
spremises
Housing Board shall
minimum in conditions,
92 Every occupant of a dwelling
ings and formaintenance of a
within this City of Fayette-
a certified copy of all rules
6.6 Every public hall and stair-
or dwelling unit shall dispose
sanitary condition in every
ville, Arkansas, in order that
and regulations which he may
way in every multiple dwell-
of all his rubbish in a clean
other part of the rooming
he may perform his duty of
adopt with the clerk of this
Ing containing five or more
and sanitary manner by plac-
home; and he shall be further
safeguarding the health and
City of Fayetteville. Arkansas,
dwelling units shall be ads-
Ing it in the rubbish contain-
responsible for the sanitary
safety of the occupants of SECTION 5, MINIMUM STAND- quately lighted at all times. era required by Subsection 5.6 maintenance of the entire pre -
dwellings and of the general ARDS FOR BASIC EQUIPMENT Every public hall and stairway of Section 5 of this ordinance, roues where the entire struc-
public. For the purpose of AND FACILITIES in structures devoted soley to 9.4 Every occupant of a dwelling ture or building is leased or
making such inspections the No person shall occupy as owner. dwelling occupancy and con- or dwelling unit shall dispose occupied by the operator.
Homing Officer is hereby au- occupant or let to another for ocr taming not more than four of all his garbage and any 10.10 Every provision of thin or-
thorized to enter, examine, cupancy any dwelling or dwelling dwelling units may be sup- other organic waste which dinance which applies to
and survey at all reasonable unit, for the purpose of living, plied with coveniently located might provide f o o d for rod- rooming how" shall also ap-
times all dwellings dwelling sleeping, cooking, or eating there- light switch", controlling an dents, in a clean and sanitary ply to hotels and motels, ex -
units, rooming units. and pre- in, which does not comply with the adequate lighting system manner, by placing it in the cept to the extent that any
mu". The owner or occupant following requirements: which may be turned on when garbage disposal facilities or such provision may be found
of every dwelling, dwelling 5.1 Every dwelling unit shall con- needed, instead of full-time garbage storage containers re- in conflict with the laws of
unit, and rooming unit. or the thin a kitchen sink in good lighting. qufred by Subsection 5.7 of this state or with the lawful
person In charge thereof, shall working condition and proper- 6.7 During that portion of each Section 5 of this ordinance. It regulations of any state board
give the Homing Officer free ly connected to a water and year when the Rowing Officer shall be the responsibility of or agency.
a,%ess to such dwelling, dwell- sewer system approved by the deems it necessary for Prates -the owner to supply such fac- SECTION 11. DESIGNATION OF
1d}I unit or rooming unit and Housing Officer, tion against mosquitoes, flies, fifties or containers for all UNFIT DWELLINGS AND LEGAL
its premises, at all reasonable 5.2 Every dwelling unit (except and other insects, every door dwelling units in a dwelling PROCEDURE OF CONDEMNA-
times for the purpose of such as otherwise permitted under Opening directly from a dwell- containing more than four TION
inspection, examination, and Subsection 5.4 of this Section) Ing unit to outdoor space shall dwelling units share the same The designation of dwellings or
survey. Every occupant of a shall contain a room which have supplied screens and premises. In all other cases it dwelling units as unfit for human
dwelling or dwelling unit affords privacy to a person every window or other device shall be the responsibility of habitation and the procedure for
shall give the owner thereof, within said room and which with openings to outdoor the occupant to furnish such the condemnation and placarding of
or his agent or employee. ac- Is equipped with a flush water space, used or intended to be facilities or contlners, such unfit dwellings or dwelling
cess to any pan of such dwell- closet and a lavatory basin in used for ventilation, shall like- 9.5 Every occupant of a dwelling units shall be carried out in compll-
Ing or dwelling unit, or its good working condition and wise be supoifed with screens: or dwelling unit shall be re- ance with Section 3 and with the
premises, at all reasonable properly connected to a water Provided that such screens sponsible for hanging all following requirements:
times for the purpose of mak- and sewer system approved by shall not be required during screens and double or storm 11.1 Any dwelling or dwellin
the Housing Officer,
such period in roams deemed
doors and windows whenever
unit
which shall be found to.
5.3 Every dwelling unit (except
by the Housing Officer to be
the same are required under
have
any of the following de-'
as otherwise permitted under
located high enough in the
the provisions of this ordinance
fects
shall be condemned as
Subsection 5.4 of this Section)
upper stories of buildings as
or of any rule or regulation
unfit
for human habitation
shall contain,- within a room
to be free from such insects,
adopted pursuant thereto, ex-
and shall be so designated and
which affords privacy to a
and in rooms located in areas
cept where the owner has
placarded by the Homing Of -
person within said room, a
of this City of Fayetteville,
•
agreed to supply such service,
ficer:
bathtub or shower In good
Arkansas, which are deemed
9.6 Every occupant of a dwelling
11.1.1
One which is so Iam-
working condition and pro-
by the Housing Officer to have
containing a single dwelling
aged, decayed, dilapidat-
perly connected to a water and
. so few such insects as to rend-
unit shall be responsible for
ed, insanitary, unsafe,
sewey system approved by the
er screens unneccessary.
the extermination of any in-
or vermin -infested that
Housing Officer,
6.8 Every basement or cellar win-
sects, rodents, or other pests
'it creates a serious haz-
3.4 The occupants of not more
_
dow used or intended to be
therein or on the premises;
and to the health or safe-
__-
UY E. BROWN, MAYOR
J. DAVIS. CITY CLERK
8-llc
SERVICE OF • NOTICES �AND
ORDERS — HEARINGS
3.1 Whenever the Housing Offi-
cer deterrhines that there are
_ r
STATE of ARKANSAS )
as.
County of Washington
I,rapr —_--, hereby certify that I
am h me9eral ana er) of THE NORTHWEST ARKANSAS TIMES,
a daily, newspaper having a second class mailing privilege, and being not
less than four pages of five columns each, published at a fixed place of
• business and at a fixed (daily) intervals continuously in the City of
`I% Fayetteville, County of Washington, Arkansas for more than a period
of twelve months, circulated and distributed from an established place of
�' I business to subscribers and readers generally of all classes in the City
' - & County for a definite price for each copy, or a fixed price per annum,
which price was fixed at what is considered the value of the publication,
y c based upon the news value and service value it contains, that at least fifty
• '#. •;� �i , percent of the subscribers thereto have paid cash for their subscriptions
• , to the newspaper or its agents or through recognized news dealers over a
>' . period of at least six months;' and that the said newspaper publishers an
�. average of more than forty � ,� � percent news matter.
-4 l '? I further certify that the legal notice hereto attached in the matter of
was published in the regular daily issue of said newspaper forr _..
eonseentive—insertions as follows: V7
1 p [ t
The first insertion on the —_. o_.___.__ day of _ QZ . 19 GS
- L the second insertion on the —_.—_--___ day of _ 19__
k.
.,v
the third insertion on the —_ ___ day of _— 19—
.�; and the fourth insertion on thQ3t
daf19__
�
Sworn to and subscribed before me on this ___1___ day of
ti
e
1J_G
q
-tary Public
My Commission Expires:
14Z� //�P
4 ' j) Fees for Printing
Cost of Proof _ $
Total
.�• x7...`4 Y`
L Y
�l� yea
t