Section
General Provisions
95.001 Purpose and scope
95.002 Definition of terms
95.003 Applicability and compliance
95.004 Code Enforcement Officer
Vacant Properties
95.020 Prevention of blight through vacancy
95.021 Duties and responsibilities of the owner
95.022 Registration required
95.023 General maintenance of vacant properties
95.024 Security requirement
95.025 Inspections
95.026 Enforcement, violations and penalties
95.027 Appeals
Maintenance Standards and Responsibilities
95.040 Life safety maintenance responsibility of the owner
95.041 Regulation of duties and responsibility to occupancy
95.042 Duties and responsibilities of operator
Repair and Demolition
95.055 Demolition of commercial buildings by owner
95.056 Unsafe buildings, condemned
95.057 Building and premises damaged
95.058 Inspection and abatement procedures
95.059 Appeals process
95.060 Consideration of appeals
95.061 Amendments, miscellaneous
GENERAL PROVISIONS
(A) Purpose.
(1) In accordance with State Statutes G.S. Ch. 160D, Article 11 and including G.S. 160D-1101 through 160D-1201, it is the purpose of the provisions of this Code to provide a just, equitable and practical method, whereby non-residential and/or commercial buildings or structures which from any cause, endanger the life, limb, health, property, safety, or welfare of the general public or their occupants, diminish property values or detract excessively from the appropriate appearance of the commercial area, may be required to be repaired, vacated or demolished. It is the further purpose of this Code to preserve the character and integrity of the community and to promote the comfort, happiness and safety of community residents, and to minimize discordant, unsightly and offensive surroundings while preserving beauty as well as the usefulness of the environment. Additionally, the Albemarle City Council finds that the presence of properties exhibiting evidence of vacancy and neglect pose special risks to the health, safety, and welfare of the community and therefore require heightened regulatory attention. The provisions of this Code are cumulative with and in addition to any other remedy provided by law including the current editions of standard codes adopted by the City of Albemarle and Stanly County.
(2) Special emphasis shall be placed on Volume IX-Existing Buildings of the N.C. State Building Code (or any Code that may replace this volume) regarding repair standards and requirements for life-safety. The objective of the Existing Buildings Code is “…to promote the safe continued use and re-use of existing buildings.”
(B) Scope. Unless expressly stated otherwise in this chapter, the provisions of this code shall apply to all commercial buildings or other non-residential structures which are now in existence or which may be built or amended. Residential structures will fall under enforcement of the minimum housing standards for the City of Albemarle. For combination structures, both codes would apply.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
(A) General definitions and interpretations. Unless specifically defined in § 95.002
(B), words used in the Non-Residential Building and Vacant Property Maintenance Standards Code shall have their respective customary dictionary definitions. For the purpose of these regulations certain words, terms or phrases used herein are interpreted and defined as follows:
(1) Words used in the present tense shall include the future tense.
(2) Words used in the singular shall include the plural and words used in the plural shall include the singular.
(3) The words “shall” and “will” always indicate MANDATORY.
(4) The words “should” and “may” always indicate OPTIONAL.
(5) The word “lot” includes the words “plot” and/or “parcel.”
(6) The word “building” includes the word “structure.”
(7) The word "commercial" includes the word "non-residential."
(8) The word “person” includes a “firm, association, organization, partnership, trust, company, corporation and/or individual.”
(9) The word “use” includes the terms “arranged, designed, and/or intended” for a use, activity and/or purpose.
(10) The term “Zoning Map” shall always indicate the official zoning map of the City of Albemarle, North Carolina.
(11) The “Planning and Zoning Board” shall indicate the City of Albemarle Planning and Zoning Board, Zoning Board of Adjustment or other entity established by the Albemarle City Council to hear quasi-judicial cases of appeals and designated to preside over such cases as applicable in this chapter.
(B) Special definitions. The following special definitions apply to these non-residential building and vacant property maintenance standards and its amendments plus any and all ordinances made a part of this Code by reference thereto. Amendments to these definitions shall apply only when all procedural requirements are met.
“BUILDING.” Any covered structure intended for shelter, housing or enclosure of persons, animals, facilities, equipment or chattels; the term “building” shall be construed to include the term “structure;” furthermore, it shall be construed as if followed by the term “or part thereof.”
“BUILDING, ACCESSORY.” A detached subordinate building located on a lot, parcel or tract whose use is incidental to that of the principal building. A building cannot be considered accessory unless it accompanies a principal building on the same lot, parcel or tract.
“BUILDING, PRINCIPAL.” A building in which the principal use of the lot, parcel or tract is conducted.
“BUILDING OF HISTORICAL VALUE.” A building within the City of Albemarle which is listed on the National Register, located in the City of Albemarle Local Historic District, or constituting special significance to the general citizenry of the City of Albemarle due to age, history, architectural design, human occurrence, culture and possessing integrity of design, setting, materials, feeling and association.
“BUILDING CODE.” The North Carolina State Building Code.
“CODE ENFORCEMENT OFFICER.” The person(s) delegated as such by the City of Albemarle for the purpose of enforcement of this chapter.
“COMMERCIAL BUSINESS.” Any business or enterprise which produces and/or offers for sale products and/or services which, in any manner, conducts commerce, within the city limits of the City of Albemarle.
“DAYS.” Means consecutive calendar days.
“DETERIORATION.” The condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, rusting, peeling paint or other evidence of physical decay or loss of structural integrity.
“EVIDENCE OF VACANCY.” Any aesthetic condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown or dead vegetation, extensively chipped or peeling exterior paint, exterior walls in poor condition, porches and steps in poor condition, roof in poor condition, broken windows and other signs of general disrepair, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds, or shutters, the absence of furnishings or personal items consistent with commercial habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant.
“FIRE HAZARD (see also NUISANCE).” Anything or act which increases, or may cause an increase of the hazard, likelihood or menace of fire to a greater degree than reasonable for the conduct of the commercial business on the premises, or which may unreasonably obstruct, delay, or hinder, or may unreasonably become the cause of an obstruction, a delay, a hazard or an unreasonable hindrance to the prevention, suppression, or extinguishment of fire.
“INVOLUNTARY VACANCY.” An unoccupied nonresidential building structurally damaged as a result of fire, wind or other perils, through no fault of the owner, for which an insurance claim has been filed; provided that said vacancy shall not exceed 180 days from the date that such damage occurred, after which said structure will be deemed an abandoned building as defined herein.
“MIXED OCCUPANCY.” Any building that is used for two or more occupancies classified by different occupancy use groups.
“NUISANCE.”
(a) Any public nuisance known as common law or in equity jurisprudence, or as provided by the statutes of the State of North Carolina, or the ordinances of the City of Albemarle; or
(b) Any condition including an attractive nuisance which may prove detrimental to human health or safety whether in a building, on the premises of a building, or part of a building or upon an occupied lot; or
(c) Physical conditions dangerous to human life or detrimental to health of persons in, on or near the premises where the condition exists; or
(d) Unsanitary conditions or conditions that are dangerous to public health, well-being or the general welfare; or
(e) Fire hazards or other safety hazards.
“OPERATOR.” Any person who has charge, care or control of premises or a part thereof, whether with or without the knowledge and consent of the owner, or any person, individually or jointly, entitled to possession regardless of whether the premises are actually occupied or not.
“OWNER.” All individuals, associations, corporations and other parties that have interests of record in a building or any that are in possession thereof.
“PHYSICAL VALUATION.” The estimated cost to replace the building, or parts thereof in kind.
“PLUMBING.” All of the following supplies, facilities, and equipment: gas pipes, gas burning equipment, water pipes, water heaters, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower bath, installed clothes washing machines, catch basins, vents, and other similar fixtures, together with all connections to water, sewer or gas lines, and water pipes and lines utilized in conjunction with HVAC equipment.
“PREMISES.” A lot, plot, or parcel of land including the buildings or structures thereon, under control by the same owner or operator, devoted to or zoned for non-residential use, together with all adjacent land.
“SANITARY SEWER.” Any sanitary sewer owned, operated and maintained by the City of Albemarle and available for public use for the disposal of sewage.
“SEWAGE.” Waste from a flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine, or water-carried waste from any other fixture, equipment or machine.
“STORY.” That portion of a building between the surface of any interior floor and the ceiling next above. A basement is considered a story only when its ceiling is over six feet above the average level of the finished ground surface adjacent to the exterior walls of the front entrance and/or side street entrance of the building.
“STRUCTURALLY SOUND.” Substantially free from flaw, defect, decay or deterioration to the extent that such structure or structural member is capable of adequately or safely accomplishing the purpose for which it was intended or designed.
“STRUCTURE.” Anything constructed or erected which requires location on the ground. The term “structure” does not include the terms “retaining wall,” “fence,” “utility pole” or “driveway” (refer to the definition of “building” herein).
“STRUCTURE, ABANDONED.” Any structure whose owner has demonstrated no intent to maintain or repair. Said structure whether designed and intended for commercial or other uses, shall be vacant or not in active use, regardless of purpose or reason, for the past two- year period, and shall be determined by the Code Enforcement Officer to be unfit for occupancy based upon the standards as set forth in this code.
“VACANT.” A property that is not legally occupied. Legally occupied means occupancy by the owner or any business or individual whose presence therein is with the consent of the owner with utilities furnished to the property.
“WASHROOMS.” Enclosed spaces containing one or more bathtubs, showers, or both, and which also shall include toilets, lavatories, or fixtures serving similar purposes.
“WATER CLOSET COMPARTMENT.” Enclosed space containing one or more toilets, which may also contain one or more lavatories, urinals, and other, plumbing fixtures.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
(A) Applicability and compliance. Every non-residential building or structure and the premises on which it is situated, used or intended to be used for non-residential or commercial business occupancy shall comply with the provisions of this Code, whether or not such building shall have been constructed, altered, or repaired before or after the enactment of this Code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building, or for the installment or repair of equipment or facilities prior to the effective date of this Code. This Code establishes minimum standards for the initial and continual occupancy and use of all such buildings, and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building, equipment or facilities contained therein except as provided in § 92.003(B) herein. Where there is mixed occupancy, any non-residential or commercial business use therein shall be nevertheless regulated by and subject to the provisions of this Code.
(B) Higher standards to prevail in case of conflict. In any case where the provisions of this code impose a higher or lower standard than that set forth in any other ordinance of the city or under the laws of the State of North Carolina, then the higher standard shall prevail.
(C) Duty to comply. It shall be the duty of each and every owner, or other entity in possession of a non-residential building or premises within the City of Albemarle, where applicable, to comply with the regulations and requirements set forth in this code. No formal authorization for occupancy from the city shall be issued unless and until all applicable sections of this code have been complied with. No land or building or combination thereof, shall be used in a manner inconsistent with or in conflict with the requirements of this code.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
The Code Enforcement Officer is hereby established and shall be the person delegated as such by the City Manager or his or her designees. Unless otherwise provided it shall be the duty and responsibility of the Code Enforcement Officer to enforce the provisions of this chapter and to legally proceed against each and every person found in violation of the requirements of this code. All inspections, regulations and enforcement of violations of the provisions of this chapter, unless expressly stated to the contrary, shall be under the direction and supervision of the Code Enforcement Officer.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
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