ORD NO 10-1963 ORDIIJAMCE '3Q. k0
AN ORDI,iANCE ADOPTING. A MINIMUM HOUSING CODE AND- F.[.;LVIDING FOR THE
.CE T TH44EOf AND FOR GTHE PURPOSES.
3E IT ORDAINED DV THE CITY cove YL OF THE CITY OF VAN 3UREN,
SECTION 1. TITLE. The provision embraced within the following
sections shall constitute and be known and may be cited es the
u Nbusing Code', herein after referred to as "This code
SECTILH 2. PURFL :SE AHD AUTHOiITY. These regulations are in
pursuant of the authority granted by Chapter 23 of Title 19 clean-
liness of the City and to insure good sanitary conditions in
private premises in the city by establishing minimum housing stand-
ards for habitable buildings within the jurisdiction of the-mum-
ici)ality. This code is further declared to be required for
reasons of Public Health, 1 !elfare and safety.
SECTI.'N 3. SCOPE AND ',C'i'LIC :.TILT''. Every building in those
sections of town c1a_cified in the Cities Zoning ordinance as R -1
for 1 family dwelling unit used in whole or in part Fs 3 dwelling
unit or as two or mere dwelling units shall confora, to the require•
rnents of this code irrespective of the clasp to which such building
may otherwise belong, and irrespective of when such building -may
ve'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 es are contrary to
the provisions of this cede.
1TCTION 4. DEFITIONS. For the purpose of this code, wordsaused
in the present tense include the future, the singular numb.ar includes
the plurals, and the plural the singular. 'ords and terms are as define
in the latest revised Southern Standard :._ilding Code, and also those
defined es follows:
a. "Dwelling shall mean any building which is wholly'or partly
used or intended to be used for living or sleeping by human occupants;
dwellings; tent, irail:r or ether structure used fc human shelter
which is designed to be transportable.
b. "Dwelling Unit": shall mean any portlin of c building used,
intended or designed as a separate abode for E,
c. "Extermination shall moan the control end elimination of
infestation by eliminating harboring places, removing or making in-
accessible materials that may serve as food, and pest control by
poisoning, spraying, trapping, furmi. fumigator
aY a g, g, °tion by a licenses
or any other recognized, legal cvoctive post elimination ;roccdure.
d. "Cellar'': that portion ref building the ceiling of which is
entirely below grade of loss than four (4) feet six (6) inches above
grade.
e. "Infestation shall mean the presence of household pests,
vermin or rodents.
f. "Owner shall mean any person who, alone or jointly or
severally with others:
1. holds title in fee simple and every mortgage of record; or
2. has charge, care, or control of any dwelling as owner or
agent of the owner or as executor, executrix, administrator,
administratrix, trustee, or guardian of the estate of the
owner, shall be bound to comply with the ;r_ovisions of this
ordinance.
g. "Occupant shall mean the parson residing in a dwelling unit
who is the ro_;ponsible head of a family, or such person or persons,
ether than the owner, dete;:mined by the 3uilding Inspactor to be the
occupant. The same person or p.rsons can b' pun, :r and occupant.
Page 2
SECTION 5. LIGHT AND VEi'TILATION. The minumum ventilation
for ell habitable rooms shall be es follows:
e. ':!INDO'•. TO GPEM GN STREET, ALLEY, YARD DR CL.URT. No`owner
shall.rent to any person any dwelling unit unless all habitable rooms
have et least one window opening directly upon a street, alley,- yard
or court, except as hereinafter specified, No occupant shalluse
or permit to be used, for living or sleeping purposes, any room
unless it has at least one window opening directly upon a street,
alley, yardor court, escept as hereinafter specified.
A room without at least one eindow opening directly upon.a
strut alley, yard or court may be adequately ventil ;ted mechanically
if the system or e uipment used for exchange cf air is approved
by the Duilding Inspector.
b. LINDLY SASH. ;\i1 window openings must have sash that will
permit the required light and be weather tight when in close6 posit-
c. k.!I;!DO''d AREA. The window area of each habitable room shall be
not less than ten percent of the floor area, except as otherwise
provided in sub- section "a" above.
d. IWDUYS T! re'EN. Required windows shall be so constructed
that in open position the total open space shall not be less
than one -ftalf (4) of the window area.
e. SCREEN DLORS AND YINDLee SCREENS. All doors opening to the
exterior of the structure and all windows shall be erovided with
screens. The screens shall have o wire mesh of not less tha&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 e.dequetely heatingmll
habitable rooms to a temperature of at least 70 F. at a distance
three feet above floor level, under ordinary minimum winter conditions.
SECTION 7. DASEHENT D! %ELLING The window of every habitable
room,Shall be sufficiently above lot level to assure ;proper light,
ventilation and freedom from dem ness as required in the following
regulations.
,a. No room in a cell ^r shall be used as e habitable room. All
habitable room must be free of dampness.
b. No occupant shall use, or eermit to be used, any basement
room as a habitable room or any room as a habitable room with ea
floor::below the grade level of the lot unless the floor and wells
in the room are impervious to water.
'SECTION 8. SA !ITP.TIi.'N.
:a. The owner shall prove the following to each occupied
dwelling:
-1.A safe water supply.
2. A Kitchen sink.
9. A flush water closet and lavatory br :sin in a room which
affords privacy to the user of the facilities.
G. A berth tub or shower in a room which affords privacy'to
the user of the facilities.
5. ;later heating facilities properly connected to the kitchen
sink, lavatory basin and tub or shower, and which isicapable
of providing hot eater at not less than 12 C' degrees F.
O. The above facilities shall be connected s ;o a public sanitary
sewer' same is available in the abutting street or alleyand
when a public sanitary sewer is not a vailable, a septic tank installed
in compliance with the rules and regulations of the Arknnses State
Department of Health.
c. A dwelling unit shall be clean and free from infestation
;.efore occupangy by each successive lessor.
Page 3
SECTION 9. TL:ECTRIC LIGHTING. The owner shall provide
electric service in each occupied dwelling unit as follows:
a. Either two or more convenience outlets, or one overhead
fixture and cne or more convenience outlets in each habitable room.
b. An overhead light fixture or well light fixture in each
water closet compartent, bathroom, laundry room, or hall.
c. 'There electric service is not available from power lines
within 300 feet or less of the dwelling, this requirement may be
lel waived.
YLCTION 10. PREVENTION CF CVERCREYDING. The number of persons
occupying any dwelling unit shall be limited by the following'
regulation.
SIZE OF SLE :PI?JG NL[..iiS. Every sleeping room shall have at
least 70 square feet of floor s,nce for the first occupant and et
lea at 50 square feet of floor area per additional occupant.
b. SIZEOF U'ELLING UI•IIT. The total of all habitable rooms in
a dwelling unit shall be such as to provide at least 150 square feet
of floor area for the first occupant thereof and et least 100 additional
square feet of floor area par additional occupant.
`c. LIHIf;Un HLJGHT LF H;;JITAPLE R,_ULS. Evdry habitable room
shall! not be less than seven and one half (74) lost in height.: from
the.floor to the ceiling throughout one -half (4) of the area of such
rooni» Any portion of a rcLrn having e ceiling height less than 5
feet shall not he ccnsidered in computing flour areas.
5ECTION 11. ECT;ESS. Every dwelling unit shell have safe,
unohstructe:d means of egress toga safe and open space at ground
level.
•SECTION 12. RESPC.HAdILITY CF THE r "NER F`:R E V RSL f AICTEAHCE.
Every dwelling and every part thereof shall be maintained in 7 rea-
sonably clean condition and free from infestation. The owner shall
keepevery drielling and every part thereof in such a state of repaid
as to;be in a safe and sanitary condition.
ECTIUH 13. .:EaPUNSPILITY GF THE OCCUPANT F. GENETIAL NAIN-
TEN E The occupant shall keep his 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
spce;::nd ventilation as required herein by usion only the rooms
meeting the requirements of said rules and regulations. The occ-
upcnt, :she.11 pl,ce ,11 r,crbage rind refuse in pro2er, legal conteinars.
:3ECTIUf! 14. IHFEJT \TILN DUTY CF LIE [MFR. The owner shall
make the dwelling and dwelling units reasonably vmrrnin proff and to
rid dwelling units of vermin before renting such dwelling unit.
SECTION 15. INFE.JTATI:. J DUTY '_:F TJE LCCU; ;NT. The occupant
shell eliminate all infestation as provided in the rules and reg-
ulations herein if t.e dwelling unit becomes infested.
OECTIGIJ PLUMBING. The occupantshall be responsible for
maintaining in a clean and sanitary condition plumbing fixtures used
oy himself or his fancily. No occupant shell knowingly, willfully or
maliciously de:osit material in any fixture which may result in
stoppage or of damage to the fixture or sewer system. !Then stoppage
of drains prevents prop. flushing of a water closet, the water closet
shall not be used until stoppage in drains is cleared. Nothirjg in this
section shall be canstrued to exempt the owner from ::r king plumbing
repairs when ordered to du so under other ordinances of statute.
SECTION 17. ENFOnRCEHtktT. The standards heretofore set out in
this conde shall be enforced by the Building Inspector, unless some
other official is charged with the enforcement of specific sections
of previsions of this ordinance.
The City Planning Cornmissin with the assistance of the Building
Inspector and any other officer charged with the housing standards
shall..clessify buildings or houses or groupings thereof employed
in whole or in part for purposes of hurnan habitation, according to
their degree of depreciation or obsolescence, or to their condition
for residential purposes, and they shall determine the frequericy
of their inspection of the severe]. classes, and it shall classify
buildings or houses or groupings t ereof with respect to which`imnediete
action is necessary in the interest f the public health and Safety.
The Building Inspector shall determine whether uuildings;uaed in
:hole'or in pnrt for rurposes cf hurnan habitation conform to the
requirements of this ordinance. If the Building Inspector shall
determine thct any such building does not conform to this ordinance,
he shall cause the owner to be notified in writing of the manribr in
which said building does not conform, end the owner shall have 60
days -,from the issuance of such notice in which to remedy the conditions
therein specified; provided, however, that the Building Inspector may
in iris descretion, extend the time for compliance with any such
notice and provided, further, th._:t no ewncr shall be held responsible
for any condition that is not specifically described in such notice.
J.id notice may he served in parson i:•ith the return of the officer
serving same or by means of i i._.gist :red or Certified mail.
However in order to insure reasonable and feir enforcement of
this code, and to demonstrate to the community gen_relly the feasibility
of using it, and to permit the training of a compliance staff,:com-
pliance action duritng the year following ado:tion shall be limited to
cases ;here (1) complaints are received, (2) substanderd units are
-.._sted end (3) obviously harzardous units need to be removed from
SECTION 18. U. P, D CF A!JJUSTi _PJT ,SND leFtf.L. There is hereby
established in the municipality a board to be celled the Board:of
r,djus rient and Appe,ol, consisting of 5 mesh. rs who are qu .lified`by
experience and training to pass upon matters pertaining to building
construction and who shall be appointed by the Mayor.
SECTIC:N 19. Ai' ;EALS. Appeals may be token by any persona
aggrived by any decision of the Building Inspector in the enforcement
of this code to the Board of Adjustment and Ap;:eals. Such appeal
shell 10,e 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 Board a copy
of said notice of appeal together with all the p;p:: :s constituting
the record upon which the action eepealed from is taken.
Such appeal shall stay all proceedings in furtherance of the
action eepealed from unless the Building Inspector certified to the
ocrd,- subsequent to the filing of any notice of appeal, that by
reason of the facts stated in the certificate, a stay would cause
_winent peril to life or property. In such cases, proceeding shall
not be''stoyed otherwise than by the order of any court of competent
jurisdiction.
The Building Inspector shall furnish upon request to the Hoard of
Adjuutment and Appeals, copies of reports of any or all inspections made
by such officers in the matter on appeal and to furnish such other
information as may be available to them and requested by said Board.
The Board shall fix a time and piece for the hearing of appeals and
such :earing shall be had within 14 days after the filing of the notice
of appeal. Notice of the time an.' place of hearin- shall be sent by
registered mail to the appellant or to his attorney of record and such
hearing shall not be less then 10 days after the mailing of the notice.
The Board of Adjustment and Appeals shall have jurisdiction.
under this ordinance to hear and decide appeals where it is alleged
that there is error in any order, ra:juirement, decision, or determination
made by the Building Inspector in the enforcement of this ordinance.
In exercising the above mentioned powers, the Board may reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from, and may make such order,
requirements, decisions or determinations as ought to be made.: The
3oLrd:shall cat by majority vote and e quorum shall consist of:at
leest,there members. The action of the Bn;:rd shr1l not become.;
zve until after the resolution of the Board sett_ny forth the full
reason.for its decision and the vote of each member participating
therein has been spread upon the minutes. Such resolutions, ir.r edictely
following the Doard's final decision, shall be filed in the office of
the Doard and shall be open to public inspection.
SECTION 20. PENALTY. Any person, firm or c_er »oration that shall
fail to comply with any local order of the Building Inspector as con—
tained in the notice described in Section 17, within the time specified.
shall 'be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined not less than H5.00 nor mere than :100.00 for each and
everyday that such violation continues.
SECTION 21. RELATION TO ETHER Oi;;IACES. Any i.nconsistenty
between the provisions of this code and any other existing ordinances
otrar than those ordinances herein specifically repealed shall not
repeal such ordinance, but the provisions of this code shall be
cumulative thereat.
;ECTIOiN 22. S`'ARP.';ILITY. If any section, subsection, sentence,
cluse or phrase of this code is for any reason he_.0 to be unchn—
stitutionel, void or i_nv_.lid, the validity of the remaining portion cf
the cede shall not be affected thereb it being the intent in adopting
this code that no portion thereof or provisions or :caguloticns contained
thercin shall become inoper tive or .'ail by reason of the unsonstitut—
ionality or invalidity of any other -portion sr provision or regulation.
SECTION 23. ENERGEN!CY. This ordinance being immediately necessary
for the immediate preservation of public peace, health and safety, an
e! er:j;+ney is declared to exist and t is ordinance shall be and take
efi..cii' and be in force eft.,_ its ;iessege.
,SED AND ;P;.EVTD this 7th day of October, 1963.
Allen R. Toothaker (s)
kayor
ATTEST:
teo L Crofton (s)
City Clerk