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572 ORDINANCE NO . .~r ~ ~+ -- AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERNING THE USE, OCCUPANCY AND MAINTENANCE OF DWELLINGS, DWELLING UNITS AND .-~ ACCESSORY STRUCTURES; ESTABLISHING MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO MAKE DWELLINGS SAFE, SANITARY, AND FIT FOR HUMAN HABITATION; ESTABLISHING MINIMUM STANDARDS GOV- ERNING THE CONDITION AND MAINTENANCE OF DWELLINGS AND ACCESSORY STRUCTURES; FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS; CREATING A BOARD OF HOUSING CODE APPEALS AND FIXING THE DUTIES AND RESPONSIBILITIES THERE- OF; AUTHORIZING THE INSPECTION OF DWELLINGS RND ACCESSORY STRUC- TURES AND PROVIDING FOR THE CONDEMNATION OF ALL BUILDINGS AND STRUCTURES DEEMED UNFIT FOR HUMAN HABITATION AND USE; AND, FIXING PENALTIES FOR VIOLATIONS. WHEREAS, within the area of jurisdiction of the City of West Memphis, Arkansas, there are or may be dwellings, dwelling units and accessory structures which are unfit for human habitation and use due to inadequate maintenance, obsoles- cence or abandonment; containing defects increasing the hazards . of fire, accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, light and rani- ~ tary facilities or other conditions rendering such dwellings e and accessory structures ungafe, unsanitary and dangerous or detrimental to the health, safety, morals, and general welfare of the commlznity; and, WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowded conditions in residential occupancies, bui~.dings and premises and from.. general neighborhood neglect; and, WHEREAS, it has know become common knowledge that these conditions can be relieved, in a measure prevented and often eliminated through planned and properly enforced minimum housing standards, resulting thereby in the upgrading of living conditions and an overall enhancement of the general health, safety and welfare of all residents and property owners of the community; and, WHEREAS, the Southern Building Code Congress, a non-profit association, has developed and made available a set of minimum housing standards which have been recognized as being acceptable as a model housing code; and, WHEREAS, Act No. 267 of the Acts of the General Assembly of Arkansas of 1949 provide that such model codes may be adopted by reference. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL, THAT, Section 1: The Southern Standard Housing Code, being particularly the 1967 edition thereof and the whole thereof, save and except such portions as may hereinafter be amended, of which not less than three (3) copies have been and are now filed in the office of the City Clerk of the City of West Memphis, Arkansas, and the same are hereby adopted and incorporated as fully as if set forth at length herein, and from the date on which this Ordinance shall take effect, the provisions therein shall be controlling in the use, maintenance and occupancy of all dwellings, dwelling units and/or structures within the area of jurisdiction of the City of West Memphis, Arkansas. Section 2: Nothing in this Ordinance or in the code hereby adopted shall be construed to affect any suit or pro- ceeding now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this Ordinance. -2- • Sect ion 3: The invalidity of any sect ion or provision of this Ordinance or of the code hereby adopted shall not invali- .~ date other sections or provisions thereof. Section 4: All ordinances, specifically Ordinance No. 525, or parts of ordinances in force at the time that this Ordinance shall take effect and inconsistent herewith are hereby repealed. Section 5: This Ordinance shall take effect immediately upon passage for the welfare of the City of West Memphis, Arkansas. Adopted this 17th day of October 1968 . ~~ .~° -, MAYOR Attest: ~ C ity Cle