Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.
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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)
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HTML documents authored by Municipal Code Corporation
ADMINISTRATION
GENERAL
APPLICABILITY
DUTIES AND POWERS OF THE CODE OFFICIAL
APPROVAL
VIOLATIONS
NOTICES AND ORDERS
UNSAFE STRUCTURES AND EQUIPMENT
EMERGENCY MEASURES
DEMOLITION