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As part of a routine inspection program the Code Enforcement Officer is authorized to enforce the provisions of this chapter including documentation of observed violations and issuance of penalties and other methods as defined in this chapter to affect abatement of such violations and ensure compliance with this chapter.
(A) It shall be unlawful for any owner to be in violation of any of the provisions of this chapter.
(B) Any person who violates a provision of this chapter or fails to comply with any order made thereunder and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by appeal, or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable as provided in this chapter.
(C) The imposition of one penalty for any violation shall not excuse the violation, or authorize its continuance.
(D) All such persons shall be required to submit an acceptable plan of action to the Code Enforcement Officer within ten business days of notification of violation. This plan of action must include, but is not limited to, a description of the work to be done, by whom and a specific schedule. Plans shall be reviewed by the Code Enforcement Officer and work is to commence within 15 days of his or her approval. When not otherwise specified, failure to meet any stated condition within ten days of required action shall constitute a separate offense.
(E) Failure to comply with the requirements of this section may result in civil penalties as provided in Chapter 10 of City Code of Ordinances.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
MAINTENANCE STANDARDS AND RESPONSIBILITIES
In accordance with G.S. 160D-1129, it shall be the duty and responsibility of the owner of non-residential premises to see that said non-residential premises under the control of the owner are maintained to ensure that:
(A) The premises are free of all hazards to the safety of the occupants, customers or other persons utilizing the premises or to pedestrians and/or vehicles passing thereby, specifically including, but not limited to, the following conditions in such building:
(1) Interior walls or vertical studs which list, lean or buckle to such an extent as to render the building unsafe.
(2) Supporting member or members which show 33% or more damage or deterioration, or non-supporting, enclosing or outside walls or coverings which show 25% or more of damage or deterioration.
(3) Floors or roofs which have improperly distributed loads, which are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
(4) Roofs that leak or fail to be weather tight. Unkempt roofs may lead to dangerous mold and loss of structural integrity.
(5) Such damage by fire, wind or other causes as to render the building unsafe.
(6) Dilapidation, decay, unsanitary conditions or disrepair which is dangerous to the health, safety or general welfare of the occupants or other people in the city.
(7) Inadequate or obstructed facilities for egress in case of fire or panic.
(8) Defects significantly increasing the hazards of fire, accident or other calamities.
(9) Lack of adequate ventilation, light, heating or sanitary facilities to such extent as to endanger the health, safety or general welfare of the occupants or other residents of the city.
(10) Lack of proper electrical, heating or plumbing facilities required by this Code which constitutes a health or a definite safety hazard.
(11) Violation of the City Fire Code or other conditions constituting a fire hazard in such building or on the premises such as, by way of example and not limitation, the accumulation of garbage, rubbish or other combustible material.
(12) Garbage, trash or rubbish in or near the structure or on the premises which is likely to attract vermin rodents or insects or become a breeding place for vermin rodents or insects.
(B) The premises are free of loose and overhanging objects, which, by reason of location above ground level, constitute a danger of falling on persons on the premises or in the vicinity thereof (N.C. State Building Code reference - Sec. 105.12 Unsafe Buildings).
(C) The premises are free of holes, excavations, breaks, projections, or obstructions on walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsafe conditions with reasonable dispatch by the owner upon their discovery.
(D) The exterior of the premises and structure is in good repair and free from deterioration so as not to constitute a nuisance or hazard.
(E) All surfaces shall be maintained free of cracked or broken glass, loose shingles, loose wood, crumbling stone or brick, loose or broken plastic or other dangerous objects or similar hazardous conditions (N.C. State Building Code - Section 105.12 Unsafe Buildings).
(F) All floors, interior walls and ceilings of every structure shall be structurally sound and shall be maintained in a good condition compatible with its business use, and where open to the public shall be maintained in a condition so as not to constitute a hazard to the public.
(G) Structures attached or unattached to the principal commercial structure, which are found by the Code Enforcement Officer to be structurally deficient, shall be properly repaired or demolished.
(H) All existing objects and elements on and protruding from building walls and roofs and surrounding premises, such as empty electrical or other conduits, unused sign brackets or other protrusions shall be removed, or otherwise made safe.
(I) Walls.
(1) All foundation walls shall be kept structurally sound, and capable of bearing imposed loads safely (N.C. State Building Code reference Sec. 1302.3 - Concrete Footings and Sec. 1302.5 - Foundation Walls).
(2) Where a wall of a building has become exposed as a result of demolition of adjacent buildings, said wall must have all doors, windows, vents or other similar openings secured with material of the type comprising the wall. No protrusions or loose material constituting a hazard to persons upon the premises shall be in the wall. The exposed wall shall be painted, stuccoed or bricked so as not to detract from the aesthetics and value of adjacent property and weatherproofed if necessary to prevent deterioration of the wall.
(J) Windows.
(1) All windows must be tight fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints, or broken or loose mullions shall be replaced. All broken and missing windows shall be replaced with glass or plexiglass. All windows in the Local Historic District shall meet design guidelines for that district, which require glass. All exposed wood shall be repaired.
(2) All windows shall be maintained free of broken glass. Where a window glass larger than four square feet becomes cracked to an extent that the largest single portion of the window free of a crack is less than 80% of the total surface area of the window glass, the window glass shall be repaired or replaced by a pane free of cracks.
(3) All openings originally designed as windows shall be maintained as windows, complete with sills, lintels, frame and glass, unless specifically approved by the Fire Chief for enclosure. Where the Fire Chief approves the enclosure of a window, it must be so enclosed by either bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior to prevent water intrusion and painted or stained to properly conform with the other exterior portions of the building. Boarding of windows shall be temporary for a period of time agreed upon by the Code Enforcement Officer.
(K) Signs and awnings. All advertising structures and awnings and their accompanying supporting members shall be maintained in good repair and shall not constitute a safety hazard. Whenever an advertising sign or awning is removed all supporting members shall be removed within 90 days, unless signs or awnings are replaced. Nothing herein shall be construed to authorize any encroachments on streets, sidewalks, or other parts of the public domain by signs.
(L) Washrooms.
(1) All washrooms and water closet compartment floors shall be surfaced with water-resistant material and shall be kept in a dry and sanitary condition at all times.
(2) All washrooms shall be provided with permanently installed artificial lighting fixtures with a switch and wall plate so located and maintained that there is no danger of short circuiting from water, from other bathroom facilities or from splashing water (National Electric Code reference - Sec. 300-6 Protection Against Corrosion and Sec. 380-4 Switches).
(M) Garbage and materials.
(1) There shall not be stored or allowed to accumulate flammable or combustible liquids or other materials on the premises unless they are of a type approved for storage by the regulations of the National Fire Protection Association, and then only in such quantities as may be prescribed by the regulations (Fire Protection Code reference - Sec. 1.5 Order to Eliminate Injurious or Hazardous Conditions and N.C. State Building Code Sec. 407.4).
(2) No garbage or solid waste shall be stored or allowed to accumulate on the premises unless contained in trash receptacles which are in accordance with the regulations of the City of Albemarle.
(N) Appurtenances.
(1) All chimneys, flues and vent attachments thereto shall be maintained structurally sound. Chimneys, flues, gas vents or other draft-producing equipment which are in use shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases (N.C. State Building Code reference - Chimneys, Fireplace Stoves, Fireplaces and Venting Systems).
(2) All exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free of defects (N.C. State Building Code reference - Sec. 1108 Outside Stairs and Exterior Balconies and Sec. 1007.4 Fire Escapes).
(3) All cornices shall be made structurally sound. Rotten or weakened portions shall be removed and/or replaced to match as closely as possible the original patterns. All exposed wood shall be painted (N.C. State Building Code reference - 710).
(4) Gutters and downspouts shall be replaced or repaired as necessary, securely installed, and appropriately located so as not to cause a hazard to pedestrian or vehicular traffic.
(O) A violation of this section is punishable as a misdemeanor.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22)
The provisions of this code that apply to the exterior or exterior components of a structure or building shall be complied with whether the structure or building is occupied or vacant. All unoccupied or vacant structures or buildings shall be secured by any party of interest to prevent the entry of unauthorized persons or the occurrences of conditions not permitted by law. Violations are punishment civil penalty under Chapter 10 of this Code of Ordinances.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
Under punishment by civil penalty Chapter 10 of this Code of Ordinances it shall be the duty and responsibility of operators and all parties in interest to commercial and non-residential structures to ensure that:
(A) All parts of the premises under the control of the parties in interest shall be kept in a safe and sanitary condition consistent with the business use and the parties in interest shall refrain from performing any acts which would render any parts of the premises unsafe or unsanitary or which would obstruct, interfere with or prevent adjacent parties in interest from performing any duty required, or from maintaining their premises in a safe and sanitary condition.
(B) Every party in interest shall be responsible for the elimination of infestation in and on the premises.
(C) Every party in interest shall maintain all plumbing fixtures in a safe and sanitary condition.
(D) No garbage or solid waste shall be stored or allowed to accumulate on the premises for a period greater than seven days unless contained in a trash receptacle(s) which is in accordance with the Municipal code of The City of Albemarle.
(E) Damage to public sidewalks and/or curb and gutter located in the public right-of-way shall be repaired or replaced at no expense to the city when such damage is caused by vehicles making deliveries to the business under the control or direction of the parties in interest.
(F) Where the owner would not otherwise know of a defect of any building, portion of building or of any facility, utility or equipment required to be furnished hereunder and the same is found to be defective or inoperable, the operators or parties in interest affected thereby shall, upon learning of such defect, immediately provide notice to the owner.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
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