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ORD NO 15-1965 ORDINANCE N0. 15 -1965 AN ORDINANCE ADOPTING A MINIMUM HOUSING CODE AND PROVIDING FOR THE ENFORCEMENT THEREOF AND FOR OTHER PURPOSES. DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN DUREN, ARKANSAS. .SECTION:1. TITLE. The provision embraced within the following sections shall constitute and be known and may be cited as the "Housing Code herein after referred to as "this code''. SECTION 2. PURPGSE AND AUTHORITY. These regulations are in pursuant of the authority granted by Chapter 23 of Title 19 Section 2303 of the Arkansas Statutes, to maintain the health and cleanliness of the City and to insure good sanitary conditions in privato :promises in the city by establishing minimum housing stand- ards for habitable buildings within the jurisdiction of the mun- icipality. This code is further declared to be required for rea- sons of Public Health, Welfare and Safety. SECTION 3. SCOPE AND APPLICATION. Every building in those sections of town classified in the Cities Zoning ordinance as R -1 for 1 family dwelling unit used in whole or in part as a dwelling unit or as two or more dwelling units shall conform to the require- ments of this code irrespective of the class to which such building may otherwise belong, and irrespective of when such building may have been constructed, altered or repaired. This code established minimum standards for occupancy, and does not replace or modify standards otherwise established for construction, replacement or repair of buildings except such as are contrary to the provisions of this code. SECTION 4. DEFINITIONS. For the purpose of this code, words used in the present tense include the future, the singular number indludb the plurals, and the plural the singular. Words and terms are es defined in the latest revised Southern Standard Building Code, and also those defined as follows: a: "Dwelling shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human 1 2 l occupants; provided however, that the following shall not be classified as dwellings: tent, trailer or other structure used for heman'shelter .which is designed to be transportable. b. "Dwelling Unit shall mean any portion of a building used, intended or designed as separate abode for a family. c. "Extermination shall mean the control and elimination of infestation by eliminating harboring places, removing or 'making inaccessible materials that may serve as food, and pest control by poisoning, spraying, trapping, fumi.gaton_.by a licenses fumigator or any other recognized, legal effective past elimination procedure. d. "Cellar that portion of building the ceiling of which is entirely below grade of less than four (4) feet six (6) inches obove grade. :.e. "Infestation shall mean the presence of household pests, vermin cr rodents. f. "'Owner shall mean any person who, alone or jointly or severally with others: Al) holds title in fee simple and every mortgage of record; or (2) has charge, care, or control of any dwelling as owner or agentfof the owner or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner, shall bound to comply with the provisions of this ordinance. A. "Odbupant shall mean the person residing in a dwelling unit who is the responsible head of a family, or such person or persons, other than the owner, determined by the building Inspector to be the occupant. The sane person or persons can be owner and occupant. SECTION 5. LIGHT AND VENTILATION. The minimum ventilation for all habitable rooms shall be as follows: a. WINDOWS TO OPEN ON STREET, ALLEY, YARD OR COURT. No owner shall +rent to any parson any dwelling unit unless all habitable rooms have at least one window opening directly upon a street, alley, yard or court, except as hereinafter specified. No occupant shelluse or permit to be used, for living or sleeping purposed, any'room unless it has at least one window opening directly upon a street, alley, yard or court, except as hereinafter specified. •A room without at least one window opening directly upon a str_ot alley, yard or court may be adequately ventilated mechanically if the system or equipment used for exchange of air is approved by the Building Inspector. .b. WINDOW AREA. The window area of each habitable room shall be not less than ten per cent of the floor area, except as Other wise provided in sub saction "a" above. c. WINDOW AREA. The window area of each habitable room shall be not less than ten per cent of the floor area, except as other- wise provided in sub section "a" above.. d. WINDOWS TE. OPEN. Required windows shall be so constructed that :when in open position the total open space shall not be less than one half (z) of the window area. e. SCREEN DOORS AND WINDOW SCREENS. All doors opening to the exterior of the structure and all windows shell be provided with j 3 with screens. The screens shall have a wire mesh of not less than No. 16 Screen doors shall open outward and be self closing. SECTION 6. HEATING. Every dwelling unit shall have heating facilities which are capable of safely and adequately heating all three•feet above floor level, under ordinary minimum winter• conditions. SECTION 7. BASEMENT DWELLING. The window cf every habitable room shall be sufficiently above lot level to assure properlight, ventilation and freedom from dampness as required in the following regulations. a. No room in a cellar shall be used as a habitable room. All habitable room must be free of dampness. b. No occupant shall use, or permit to be used, any basement room as a habitable room or any room as a habitable room with a floor below the grade level of the lot unless the floor and,walls in the room are imprevious to water. SECTION 8. SANITATION. a. The owner shall prove the following to each occupied dwelling: (1) A safe water supply. (2) A Kitchen sink. (3) A flush water closet and lavatory basin in a room'which affurds privacy to the user of the facilities. (4) A bath tub or shower in a room which affords privacy to the user of the facilities. (5) Water heating facilities properly connected to the kitchen sink, lavatory basin and tub_ or shower, and which is capable of providing hot water at not less than 120 degrees F. b. The above facilities shall be connected to a public sanitary sewer when same is available in the abutting street or alley•; and when a public snaitcry sewer is not available,:a septic tank installed in compliance with the rules and regulations of the Arkansas State Department of Health. c. A dwelling unit shall be clean and free from infestation before occupancy be each successive lessor. -SECTION 9. ELECTRIC LIGHTING. The owner shall provide electric service in each occupied dwelling unit as follows: a. Either two or more convenience outlets, or the overhead fixture and one or more convenience outlets in each habitable room.• b. An overhead light fixture or wall light fixture in: each Water closet compartment, bathroom, laundry room or hall. c. Whore electric service is not available from power lines within 300 feet or less of the dwelling, this requirement may be waived. 4 SECTION 10. PREVENTION OF OVERCROWDING. The number of persons occupying any dwelling unit shall be limited by the following regulation. -a. SIZE OF SLEEPING ROOMS. Every sleeping room shall have at least 70 square feet of floor space for the first occupant and at least 50 square feet of floor are< per additional occupant. b. SIZE OF D':ELLING UNIT. The total of all habitable rooms in a dwelling unit sholl be such as to provide at least 150 square feet floor area for the first occupant thereof and at least 100 additional squard feet of floor area per additional occupant. C. MINIMUM HEIGHT OF HABITABLE ROOMS. Evory habitably room shall not be less than seven and one half (7q) feet in :height from the floor to the ceiling throught one -half (Z) of the area of such room. Any portion of a room having a ceiling height less than 5 feet shall not be considered in computing floor areas. SECTION 11. EGRESS. Every dwelling unit shall have safe, unobstructed means of egress to a safe and open space at ground level. SECTION 12. RESPONSIBILITY OF THE OWNER FOR GENERAL MAINTENAN•NCE. Every dwelling and every part thereof shall be maintained in a reasonably clean condition and free from infest- ation. The owner sholl keep every dwelling and every part there- of in'such a state of repair as to be in a safe and sanitary condition. SECTION 13. RESPONSIBILITY OF THE OCCUPANT FOR GENERAL MAINTENANCE. The occupant shall keep the dwelling unit and the portion of the dwelling and premises over which he has control in a clean and sanitary condition. The occupant shall comply with the provisions for adequate light, space _nd ventilation as required herein by using only the rooms meeting the requirements of said rules and regulations. The occupant shall place all garb:obe and refuse in proper, legal Q containers. SECTION) 14. INFESTATION DUTY OF THE OWNER. The owner shall make the dwelling and dwelling units reasonable vermin proof and to rid dwelling units of vermin before renting such dwelling unit. SECTION 15. INFESTATION DUTY OF THE OCCUPANT. The occupant shall eliminate all infestation as provided in the rules and reg- ulations herein if the dwelling unit becomes infested. 1 5 l SECTION 16. PLUMBING. The occupant shall be responsible for maintaining in a clean and sanitary condition plumbing fixtures used by himself or his family. No occupant shall knowingly, willfully, or maliciously deposit material in any fixture which may result in stoppage or of damage to the fixture or sewer system. When stoppage of drains prevents proper flushing of water closet, the water closet shall not be used until stoppage in drains is cleared. Nothing in thie section shall be construed to exempt the owner from making plumbing repairs when ordered to do so under other ordinances of statute. SECTION 17. ENFORCEMENT. The standards heretofore set Out in this code shall be enforced by the Building Inspector, unless some other official is charged with the enforcement of specific sections of provisions of this ordinance. The City Planning Commission with the assistance of the Building Inspector and any other officer charged with the housing standards shall classify buildings or houses or groupings thereof employed in whole or in part for purposes of human habitation, according to their degree of depareciation or obsolonscence', or to their condition for residential purposes, and they shall deter- mine frequency of their inspection the several classes, and it shall classify buildings or houses or groupings thereof with respect to which immediate action is necessary to the interest of the public health and safety. The Building Inspector shall determine whether buildings used in whole or in part for purposes of human habitation conform to the requirements of this ordinance. If the Building Inspector shall determine that any such building does not conform to the ordinance, he shall cause the owner to be notified in writing of the ;manner in which said building does not conform, and the owner shall have 60 days from the issuance of such notice in which to remedy the conditions therein spedified; provided, however, that the Building Inspector may, in his descretion, extend the time for 6 compliance with any such notice and provided, further, that no owner shall be held responsible for any condition that is not specifically described in such notice. Said Notice may be served in person with the return of the officer serving same or by.means of Registered or Certified mail. However in order to insure reasonable and fair enforcement of this cote, and to demonstrate to the community generally•the feasibiltiy of using it, and to permit the training of a competent staff, compliance action during the year following odoption shall be limited to cases where (1) complaints are received, (2) substandard units are vacated, and (3) obviously harzardous units need to be removed from use. SECTION 18. BOARD OF ADJUSTMENT AND APPEAL. There is hereby established in the municipality a board to be called the Board of Adjustment and Appeal, consisting of 5 members who are qualified by experience and training to pass upon matters pertaining to building construction and who shall be appointed by the Mayor. SECTION 19. APPEALS. Appeals may be taken by any person aggrieved by any decision of the Building Inspector in the enforce- ment of this code to the Board of Adjustment and Appeals. Such appeal shall be taken within 30 days after notice is received. by filing with the Building Inspector a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith submit to the Beard o copy of said notice of appeal together with all the papers conbtituting the record upon which the action appealed from is token. Such appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board, subsequent to thu filing of any notice of appeal, that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such cases, proceeding shall nct be stayed otherwise than by the order of any 7 court of competent jur The Building Inspector shell furnish upon request to the Board of Adjustment and Appeals. Copies of reports of any or all inspections made by such officer in the matter an appeal and to furnish such other information as may be available to them and E requested by said Hoard. The Hoard shall fix a time and place fax the hearing of appeals and such hearing shell be had within 14 drys after the filing of the notice of appeal. Notice of the time and place of hearing shall be agent by registered mail to the appellant or to his attorney of record rod such hearing shll not be less than 10 days after the mail- ing of the notice. The Board of Adjustment and Appeals shall hove jurisdiction under ordinance to hear and decide appeals where it is alleged that there is error in any order, requirement, c_nc nnr or determination made by the wilding Inspector in the enforced, of this ordinance. In exercising the above mentioned pawners, the Board may reverse or affirm, wholly or pertly, or may modify the order, requirement, decision or determination appealed from, and may cake such order, requirements, decisions or determinations as ought to be made. The Board shall act by majority vote and a quorum shall consist of at least three members. The action of the Board shall not become effective until after the resolution of the Board setting forth the full reason for its decision and the vote of each member participating therein has been spread upon the minutes. Such resolutions, immediately follow- ing the Board's final decision, shall be filed in the office of the Board and shall be open to public inspection. SECTION 20. PENALTY. Any person, firm or corporation that shall fail to comply with any local order of the Building Inspection as contained in the notice described in Section 17, within the time specifed, shell be deemed guilty of a niisdea- manor and upon conviction thereof shall be fined not lass than ;5..00 nor more than ,1'J0.00 for each and every day that such 8 violation continues. SECTION 21. RELATION TO OTHER ORDINANCES. Any inconsistency between the provisions of this code and any other existing ordinances other than those ordinances herein specifically repealed shall not repeal such ordinance, but the provisions of this code shall be cummulative thereto. 'SECTION 22. SEPARABILITY. If any section, sub section; sentence, clause, or phrese of this code is for Tny reason held to be unconstitutional, void or invalid, the validity of the remaining portion or the code shall not be effected thereby, it being .the intent in adopting this code that no portion thereof or provisions or regulations contained thor::in shall become inoperative or fail by reason of the unconstitutionality or invalidity of any other portion or provision or regulation. SECTION 23. EMERGENCY. This ordinance being immediately necessary for the immediate preservation of public peace, health and safety, an:'emergency is declared to exist and this ordinance shall be and take effect and be in force after its passage. PASSED AND•APPROVED THIS Y.TH day of October, 1965. Allen R_ Tnnfhaker (s) Mayor Attest: (en 1_ Ernftnn (s) City Clerk