ARTICLE I. DIVISION 1. Sec. 91-1. Title.
These regulations shall be known as the Property Maintenance Code of the City of Springdale, Arkansas, hereinafter referred to as "this code."
(Ord. No. 3691, 6-14-05)
Sec. 91-2. Scope.
The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, hearing, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
(Ord. No. 3691, 6-14-05)
Sec. 91-3. Intent.
This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the Arkansas Fire Prevention Code, Volumes I, II and III.
(Ord. No. 3691, 6-14-05)
Sec. 91-4. Severability.
If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code.
(Ord. No. 3691, 6-14-05)
DIVISION 2. Sec. 91-5. General.
The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in division 1. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
(Ord. No. 3691, 6-14-05)
Sec. 91-6. Maintenance.
Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner, occupant, or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.
(Ord. No. 3691, 6-14-05)
Sec. 91-7. Application of other codes.
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Arkansas Fire Prevention Codes - Volumes I, II and III. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the Springdale Zoning Code.
(Ord. No. 3691, 6-14-05)
Sec. 91-8. Existing remedies.
The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
(Ord. No. 3691, 6-14-05)
Sec. 91-9. Workmanship.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
(Ord. No. 3691, 6-14-05)
Sec. 91-10. Historic buildings.
The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.
(Ord. No. 3691, 6-14-05)
Sec. 91-11. Referenced codes and standards.
The codes and standards referenced in this code shall be those that are listed in division 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
(Ord. No. 3691, 6-14-05)
Sec. 91-12. Requirements not covered by code.
Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.
(Ord. No. 3691, 6-14-05)
Sec. 91-13. Liability.
The government immunity from liability and suit for the city and its employees as determined by Arkansas law shall be applicable to all activities of the city and its employees pursuant to this Code.
(Ord. No. 3691, 6-14-05)
Sec. 91-14. Fees.
All fees shall be in accordance with section 22-32(c) of the Springdale Code of Ordinances.
(Ord. No. 3691, 6-14-05)
DIVISION 3. Sec. 91-15. General.
The code official shall enforce the provisions of this code. An interpretation of any term or provision of this code made by the code official may be appealed to the city council. Such appeal must be made within 14 days of having received notice of violation of this chapter.
(Ord. No. 3691, 6-14-05)
Sec. 91-16. Rule-making authority.
The code official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt the promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.
(Ord. No. 3691, 6-14-05)
Sec. 91-17. Inspections.
The code official shall make all the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(Ord. No. 3691, 6-14-05)
Sec. 91-18. Right of entry.
The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.
(Ord. No. 3691, 6-14-05)
Sec. 91-19. Identification.
The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(Ord. No. 3691, 6-14-05)
Sec. 91-20. Notices and orders.
The code official shall issue all necessary notices or orders to ensure compliance with this code.
(Ord. No. 3691, 6-14-05)
Sec. 91-21. Department records.
The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence unless otherwise provided for by other regulations.
(Ord. No. 3691, 6-14-05)
Sec. 91-22. Coordination of inspections.
Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction.
(Ord. No. 3691, 6-14-05)
DIVISION 4. Sec. 91-23. Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
(Ord. No. 3691, 6-14-05)
Sec. 91-24. Alternative materials, methods and equipment.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material of method of construction shall be approved where the code official finds that the proposed design is satisfactory and compliance with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality strength, effectiveness, fire resistance, durability and safety.
(Ord. No. 3691, 6-14-05)
Sec. 91-25. Required testing.
Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
(Ord. No. 3691, 6-14-05)
Sec. 91-25.1. Test methods.
Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.
(Ord. No. 3691, 6-14-05)
Sec. 91-25.2. Test reports.
Reports of tests shall be retained by the code official for the period required for retention of public records.
(Ord. No. 3691, 6-14-05)
Sec. 91-26. Material and equipment reuse.
Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(Ord. No. 3691, 6-14-05)
DIVISION 5. Sec. 91-27. Unlawful acts.
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
(Ord. No. 3691, 6-14-05)
Sec. 91-28. Notice of violation.
The code official shall serve a notice of violation or order in accordance with division 6.
(Ord. No. 3691, 6-14-05)
Sec. 91-29. Prosecution of violation.
Any person failing to comply with a notice of violation or order served in accordance with division 6 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate pursuant to Arkansas law.
(Ord. No. 3691, 6-14-05)
Sec. 91-30. Violation penalties.
Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. No. 3691, 6-14-05)
Sec. 91-31. Abatement of violation.
The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(Ord. No. 3691, 6-14-05)
DIVISION 6. Sec. 91-32. Notice to person responsible.
Whenever the code official determine that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in division 6, sections 91-33 and 91-34 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with division 7, section 91-39.
(Ord. No. 3691, 6-14-05)
Sec. 91-33. Form.
Such notice prescribed in section 91-32 shall be in accordance with all the following:
(1) Be in writing.
(2) Include a description of the real estate sufficient for identification.
(3) Include a statement of the violation or violations and why the notice is being issued.
(4) Include a correction order allowing seven days to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
(5) Include a statement of the right to file a lien in accordance with section 91-29.
(Ord. No. 3691, 6-14-05)
Sec. 91-34. Method of service.
Such notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally;
(2) Sent by certified or first-class mail addressed to the last known address; or
(3) If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
(Ord. No. 3691, 6-14-05)
Sec. 91-35. Penalties.
Penalties for noncompliance with orders and notices shall be as set forth in section 91-30.
(Ord. No. 3691, 6-14-05)
Sec. 91-36. Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement form the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. No. 3691, 6-14-05)
DIVISION 7. Sec. 91-37. General.
When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
(Ord. No. 3691, 6-14-05)
Sec. 91-37.1. Unsafe structures.
An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(Ord. No. 3691, 6-14-05)
Sec. 91-37.2. Unsafe equipment.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(Ord. No. 3691, 6-14-05)
Sec. 91-37.3. Structure unfit for human occupancy.
A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(Ord. No. 3691, 6-14-05)
Sec. 91-37.4. Unlawful structure.
An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary by law.
(Ord. No. 3691, 6-14-05)
Sec. 91-38. Closing of vacant structures.
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
(Ord. No. 3691, 6-14-05)
Sec. 91-39. Notice.
Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with section 91-34. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in section 91-33.
(Ord. No. 3691, 6-14-05)
Sec. 91-40. Placarding.
Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
(Ord. No. 3691, 6-14-05)
Sec. 91-40.1. Placard removal.
The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.
(Ord. No. 3691, 6-14-05)
Sec. 91-40.2. Prohibited occupancy.
Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by the code.
(Ord. No. 3691, 6-14-05; Ord. No. 3784, 10-25-05)
DIVISION 8. Sec. 91-41. Imminent danger.
When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy has been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
(Ord. No. 3691, 6-14-05)
Sec. 91-42. Temporary safeguards.
Notwithstanding other provisions of this code, whenever, in the opinion of the code official there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken and the code official deems necessary to meet such emergency.
(Ord. No. 3691, 6-14-05)
Sec. 91-43. Closing streets.
When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, street public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
(Ord. No. 3691, 6-14-05)
Sec. 91-44. Emergency repairs.
For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(Ord. No. 3691, 6-14-05)
Sec. 91-45. Costs of emergency repairs.
Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recover of such costs.
(Ord. No. 3691, 6-14-05)
Sec. 91-46. Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the city council, be afforded a hearing as described in this code.
(Ord. No. 3691, 6-14-05)
DIVISION 9. Sec. 91-47. General.
The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
(Ord. No. 3691, 6-14-05)
Sec. 91-48. Notices and orders.
All notices and orders shall comply with chapter 22 of the Springdale Code of Ordinances.
(Ord. No. 3691, 6-14-05)
Sec. 91-49. Failure to comply.
If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(Ord. No. 3691, 6-14-05)
Sec. 91-50. Salvage materials.
When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
(Ord. No. 3691, 6-14-05)
ARTICLE II. DIVISION 1. Sec. 91-51. Scope.
Unless otherwise expressly stated, the following terms shall terms shall, for the purposes of this code, have the meanings shown in this chapter.
(Ord. No. 3691, 6-14-05)
Sec. 91-52. Interchangeability.
Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
(Ord. No. 3691, 6-14-05)
Sec. 91-53. Terms defined in other codes.
Where terms are not defined in this code and are defined in the Arkansas Fire Prevention Code--Volumes I, II, and III, Springdale Zoning Code, Arkansas Plumbing Code, Arkansas Mechanical Code and the National Electrical Code, such terms shall have the meanings ascribed to them as in those Codes.
(Ord. No. 3691, 6-14-05)
Sec. 91-54. Terms not defined.
Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
(Ord. No. 3691, 6-14-05)
Sec. 91-55. Parts.
Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
(Ord. No. 3691, 6-14-05)
DIVISION 2. [Sec. 91-55.1. Definitions.]
Approved. Approved by the code official.
Basement. That portion of a building which is partly or completely below grade.
Bathroom. A room containing plumbing fixtures including a bathtub or shower.
Bedroom. Any room or space used or intended to be used for sleeping purposes.
Code official. The Chief Building Official of the City of Springdale or his designee.
Condemn. To adjudge unfit for occupancy.
Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for the use under, on or above a said lot or lots.
Exterior property. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
Extermination. The control and elimination of insects, rates or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Guard. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
Housekeeping unit. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
Imminent danger. A condition which could cause serious or life-threatening injury or death at any time.
Infestation. The presence, within or continuous to, a structure or premises of insects, rates, vermin or other pests.
Inoperable motor vehicle. A vehicle which can not lawfully be driven upon the public streets for reasons including but not limited to being unregistered, wrecked, dismantled, partially dismantled, abandoned, in a state of disrepair, or incapable of being moved under its own power is inoperable. A vehicle shall be presumed to be inoperative when any of the following conditions exist:
(1) Weeds and/or grass undergrowth indicates that the vehicle has not moved;
(2) One or more wheels are flat or missing for more than 72 hours;
(3) Portions of the vehicle which are needed for its operation or control are missing;
(4) Evidence exists that provisions of this code or other existing codes pertaining to zoning or to junk and salvage yards are being violated;
(5) The vehicle has no current vehicle tags or registration;
(6) The engine and/or transmission are missing;
(7) Doors, fenders, frames, or axles are missing;
(8) Windshields and/or windows are broken and/or missing;
(9) The vehicle can not move under its own power.
Labeled. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
Let for occupancy or let. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
Occupancy. The purpose for which a building or portion thereof is utilized or occupied.
Occupant. Any individual living or sleeping in a building, or having possession of a space within a building.
Openable area. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
Person. An individual, corporation, partnership or any other group acting as a unit.
Premises. A lot, plot or parcel of land, easement or public way, including any structures thereon.
Public way. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
Rooming house. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
Rooming unit. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
Strict liability offense. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which was prohibited, or failed to an act which the defendant was legally required to do.
Structure. That which is built or constructed or a portion thereof.
Tenant. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
Toilet room. A room containing a water closet or urinal but not a bathtub or shower.
Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
Yard. An open space on the same lot with a structure.
(Ord. No. 3691, 6-14-05)
ARTICLE III. DIVISION 1. Sec. 91-56. Scope.
The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
(Ord. No. 3691, 6-14-05)
Sec. 91-57. Responsibility.
(a) The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code.
(b) A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
(c) All residential structures in the city which are not owner occupied shall be registered with the city clerk, and the city clerk shall maintain the following current information for each property:
(1) Address of property;
(2) Name(s) of property owner(s);
(3) Address of property owner(s). A post office box number shall not be acceptable as an address; however, a preferred mailing address such as a post office box number may be furnished to the clerk in addition to the required street address.
(4) Telephone number of property owner(s); and
(5) Name, address, and telephone number of any property managers or property management firm used by the property owner(s).
(d) Owner's representative certificate. In addition to the registration requirements provided herein, each out-of-state owner shall be required to obtain an owner's representative certificate issued by the city clerk.
(1) In order to obtain an owner's representative certificate, the out-of-state owner shall provide the owner's name and street address. A post office box number shall not be acceptable as an address; however, a preferred mailing address such as a post office box number may be furnished to the clerk in addition to the required street address. Additionally, the out-of-state owner shall provide the name and street address of a local owner's representative who shall continuously reside within the State of Arkansas who shall be a natural person upon whom legal service can be made on behalf of the out-of-state owner. A post office box number shall not be acceptable as an address; however, a preferred mailing address such as a post office box number may be furnished to the clerk in addition to the required street address.
(2) If the out-of-state owner owns multiple properties within the city, the owner may obtain a single owner's representative certificate for all properties by providing the required information concerning each property to the city clerk.
(3) Upon the issuance of an owner's representative certificate by the city clerk, the owner's representative shall be an agent of the out-of-state owner upon whom any process, notice, citation or demand required or permitted by law to be served upon the out-of-state owner may be served. Service shall be accomplished in accordance with the Arkansas Rules for Civil and Criminal Procedure.
(e) Rental operation permit. Upon the registration of a property with the city clerk, the clerk shall issue a rental operation permit to the owner or to the owner's representative which shall indicate that the owner has complied with the registration requirements of this ordinance. There shall be no fee for the rental operation permit.
(f) The owner of any residential structure in the city which is not owner occupied shall be required to update all information required herein, and shall notify the city clerk within 30 days of any changes to the information required herein.
(g) Enforcing authority. The city clerk, chief of police, code enforcement, and the chief building official, or their designees, are directed to assure all those subject to the requirements of this chapter comply with such requirements.
(h) Any person who shall be convicted of violating any provision of this chapter shall be subject to the provisions of section 1-9 of this Code. Each day that a violation of this chapter occurs shall constitute a separate offense and shall be punishable as a separate violation.
(Ord. No. 3691, 6-14-05; Ord. No. 4049, § 1, 4-24-07)
Sec. 91-58. Vacant structure and land.
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(Ord. No. 3691, 6-14-05)
DIVISION 2. Sec. 91-59. Sanitation.
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
(Ord. No. 3691, 6-14-05)
Sec. 91-60. Grading and drainage.
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
(Ord. No. 3691, 6-14-05)
Sec. 91-61. Sidewalks and driveways.
All private sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
(Ord. No. 3691, 6-14-05)
Sec. 91-62. Weeds.
Owners or occupants of real property contained within the city shall keep their property maintained free of unsightly weeds and plant growth as defined by chapter 42 of the Code of Ordinances for the City of Springdale except that on all properties not located within platted subdivisions, not zoned residential, and which are being used primarily for agricultural purposes, the owner or occupant of said property shall not allow weeds or plant growth over 12 inches in height within 12 feet from any adjacent property located in a platted subdivision or which is zoned residential or is a city street right-of-way.
(Ord. No. 3691, 6-14-05)
Sec. 91-63. Rodent harborage.
All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved process which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
(Ord. No. 3691, 6-14-05)
Sec. 91-64. Exhaust vents.
Pipes, duct, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particular wastes directly upon abutting or adjacent public or private property or that of another tenant.
(Ord. No. 3691, 6-14-05)
Sec. 91-65. Accessory structures.
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(Ord. No. 3691, 6-14-05)
DIVISION 3. Sec. 91-66. Swimming pools.
Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
(Ord. No. 3691, 6-14-05)
Sec. 91-67. Enclosures.
Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
(Ord. No. 3691, 6-14-05)
DIVISION 4. Sec. 91-68. General.
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(Ord. No. 3691, 6-14-05)
Sec. 91-69. Protective treatment.
All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
(Ord. No. 3691, 6-14-05)
Sec. 91-70. Premises identification.
Buildings shall have approved address in accordance with section 110-136 of this Code of Ordinances.
(Ord. No. 3691, 6-14-05)
Sec. 91-71. Structural members.
All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(Ord. No. 3691, 6-14-05)
Sec. 91-72. Foundation walls.
All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(Ord. No. 3691, 6-14-05)
Sec. 91-73. Exterior walls.
All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
(Ord. No. 3691, 6-14-05)
Sec. 91-74. Roofs and drainage.
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(Ord. No. 3691, 6-14-05)
Sec. 91-75. Decorative features.
All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(Ord. No. 3691, 6-14-05)
Sec. 91-76. Overhang extensions.
All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be property anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(Ord. No. 3691, 6-14-05)
Sec. 91-77. Stairways, decks, porches and balconies.
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(Ord. No. 3691, 6-14-05)
Sec. 91-78. Chimneys and towers.
All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rut by periodic application of weather-coating materials, such as paint or similar surface treatment.
(Ord. No. 3691, 6-14-05)
Sec. 91-79. Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(Ord. No. 3691, 6-14-05)
Sec. 91-80. Window, skylight and door frames.
Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
(Ord. No. 3691, 6-14-05)
Sec. 91-80.1. Glazing.
All glazing materials shall be maintained free from cracks and holes.
(Ord. No. 3691, 6-14-05)
Sec. 91-80.2. Openable windows.
Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
(Ord. No. 3691, 6-14-05)
Sec. 91-81. Insect screens.
Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 22 mm) and every swinging door shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(Ord. No. 3691, 6-14-05)
Sec. 91-82. Doors.
All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, room units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with section 91-165.
(Ord. No. 3691, 6-14-05)
Sec. 91-83. Basement hatchways.
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
(Ord. No. 3691, 6-14-05)
Sec. 91-84. Guards for basement windows.
Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
(Ord. No. 3691, 6-14-05)
Sec. 91-85. Building security.
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
(Ord. No. 3691, 6-14-05)
Sec. 91-85.1. Windows.
Operable windows located in whole or in part within six feet (1,828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking devices.
(Ord. No. 3691, 6-14-05)
Sec. 91-85.2. Basement hatchways.
Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
(Ord. No. 3691, 6-14-05)
DIVISION 5. Sec. 91-86. General.
The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
(Ord. No. 3691, 6-14-05)
Sec. 91-87. Structural members.
All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
(Ord. No. 3691, 6-14-05)
Sec. 91-88. Interior surfaces.
All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
(Ord. No. 3691, 6-14-05)
Sec. 91-89. Stairs and walking surfaces.
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
(Ord. No. 3691, 6-14-05)
Sec. 91-90. Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(Ord. No. 3691, 6-14-05)
Sec. 91-91. Interior doors.
Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
ADMINISTRATION
GENERAL
APPLICABILITY
DUTIES AND POWERS OF THE CODE OFFICIAL
APPROVAL
VIOLATIONS
NOTICES AND ORDERS
UNSAFE STRUCTURES AND EQUIPMENT
EMERGENCY MEASURES
DEMOLITION
DEFINITIONS
GENERAL
GENERAL DEFINITIONS
GENERAL REQUIREMENTS
GENERAL
EXTERIOR PROPERTY AREAS
SWIMMING POOLS, SPAS AND HOT TUBS
EXTERIOR STRUCTURE
INTERIOR STRUCTURE