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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)
REPAIR AND DEMOLITION
Where a building is under the jurisdiction of the Code, the building may be demolished by the owner provided that the following requirements are met:
(A) If the property is in the Local Historic District obtain a Certificate of Appropriateness to demolish from the Albemarle Historic Resources Commission;
(B) Obtain a City Coordination Form;
(C) Obtain a demolition permit from the County Building Inspection Department;
(D) Obtain asbestos permit from the County Building Inspection Department;
(E) Obtain an asbestos inspection from a licensed asbestos services company;
(F) Remove and properly dispose of all asbestos containing materials (ACM's) by a licensed asbestos removal company;
(G) Properly close off and disconnect all sewer, gas, water and similar taps or connections;
(H) Grade the lot to a smooth, even, finished grade, free from building material, debris, holes, and/or depressions. Where building debris remains on the site below street level, the owner must back fill the lot with no less than 12 inches of clean fill which shall be graded to a smooth, even finished grade over any remaining debris;
(I) Where walls of adjacent buildings become exposed as a result of demolition, said walls must have all doors, windows, vents or other similar openings closed with material of the type comprising the wall. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stuccoed or bricked by such building's owner so as not to detract from the aesthetics and value of the adjacent property and weatherproofed if necessary to prevent deterioration of the wall.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
(A) Scope. This section authorizes the demolition and removal of nonresidential buildings and structures as enacted by the General Assembly of North Carolina. "Unsafe buildings" shall mean buildings that fall within the statutory definitions as set forth in G.S. 160D-1119.
(B) Findings (Unsafe Buildings Condemned). Pursuant to G.S. 160D-1119 (Unsafe Buildings Condemned) every building which shall appear to the Code Enforcement Officer to be dangerous to life because of its propensity for fire or because of defective condition of walls, roof systems, floor systems, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes, shall be deemed or ruled to be unsafe and the inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of said building.
(1) Nonresidential building or structure. The Code Enforcement Officer may declare a nonresidential building or structure within a “Community Development Target Area” to be unsafe if it meets both of the following conditions:
(a) It appears to the inspector to be vacant or abandoned;
(b) It appears to the inspector to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, fire or safety hazard, to be a danger to children, or to tend to attract persons intent on criminal activities or other activities which should constitute a public nuisance.
(2) If the Code Enforcement Officer declares a nonresidential building or structure to be unsafe, the Code Enforcement Officer must affix a notice of the unsafe character of the structure (condemnation) to a conspicuous place on the exterior wall of the building.
(3) For the purposes of this section, the term “Community Development Target Area” means a “nonresidential development area” under G.S. 610D-1119(c) and G.S. 143D-437.09.
(C) Action in event of failure to take corrective action. If the owner of a building or structure that has been condemned as unsafe pursuant to G.S. 160D-1119 shall fail to take prompt corrective action, the Code Enforcement Officer shall give the owner written notice, by certified or registered mail to his last known address or by personal service.
(1) That the building or structure is in a condition that appears to meet one or more of the following conditions:
(a) Constitutes a fire or safety hazard;
(b) Is dangerous to life health or other property;
(c) Is likely to cause or contribute to blight, disease, vagrancy, or danger to children; and
(d) Has a tendency to attract persons intent on criminal activities or other activities which would constitute a public nuisance.
(2) That a hearing will be held before the Code Enforcement Officer at a designated place and time, not less than ten days or more than 30 days after the date of the notice, at which time the owner shall be entitled to be heard in person or by representative and to present arguments and evidence pertaining to the matter; and
(3) That following the hearing, the Code Enforcement Officer may issue such order to repair, close, vacate or demolish the building or structure as appears appropriate.
(4) If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building or structure in question at least ten days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the city at least once not later than one week prior to the hearing.
(D) Civil and equitable enforcement. Per G.S. 160D-1124 and G.S. 160D-1125:
(1) Civil enforcement. Whenever any violation is denominated a misdemeanor under the provisions of this section, the city, either in addition to, or in lieu of other remedies, may initiate any appropriate action or proceedings to prevent, restrain, correct or abate the violation or to prevent the occupancy of the building or structure involved.
(2) Equitable enforcement. In the case of a nonresidential building or structure declared unsafe under G.S. 160D-1119(b), the City of Albemarle may in lieu of taking action under division (D)(1), cause the building or structure to be removed or demolished pursuant to G.S. 160D-1125(b).
(a) The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the Code Enforcement Officer shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Ch. 160A, Art. 10.
(b) The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the administrator shall be a lien on any other real property of the owner located within the city limits except for the owner's primary residence. The additional lien provided in this division is inferior to all prior liens and shall be collected as a money judgment.
(c) If the nonresidential building or structure is removed or demolished by the administrator, the administrator shall offer for sale the recoverable materials of the building or structure and any personal property, fixtures, or appurtenances found in or attached to the building or structure and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the administrator, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of the Council to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(d) If the building or structure is removed or demolished by the City of Albemarle, the city, may in its sole discretion, reasonably exercise its right to sell the usable materials of the building and any usable property, fixtures or appurtenances found in or attached to the building. The city shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the Clerk of Superior Court for Stanly County, and shall be disbursed by the Court to the person found to be entitled thereto by final order or decree of the court.
(3) Non-limiting power of declaration. Nothing in this section shall be construed to impair or limit the power of the City of Albemarle to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.
(4) Bond for repair or demolition. A surety in the form of performance bond or letter of credit may be required by the Code Enforcement Officer to insure completion of the required repairs or to cover the cost of securing and demolition of a structure. The surety shall be issued to the city and shall be accompanied by a signed agreement between all parties including the necessary work to be completed and the estimated time for the owner to complete such work as determined by the Code Enforcement Officer. The amount of the surety will be a minimum of one and one-half times the estimated cost of the required repairs or demolition as determined by the Code Enforcement Officer. The bond or letter of credit must be drawn from an institution licensed to do business in North Carolina and valid for the time period provided by the Code Enforcement Officer. If work has not been completed by the agreed upon date then the Code Enforcement Officer is authorized to use necessary funds from the surety to ensure that the work is completed, including hiring contract labor for the purpose of all necessary repairs and/or demolition such that the requirements of this chapter are met.
(5) Receivership. In cases where owners have documented non-compliance to repair or otherwise abate violations on vacant properties or at the request of the owners of such property, the City Council may petition the Superior Court for appointment of a receiver of said property for the purposes of abating or contracting the abatement of said nuisances. Receiver of property shall be entitled to all forms and methods of repayment of expenses and shall be responsible for all aspects of property as legally afforded under related state statutes.
(E) G.S. 160D-1123 - Appeal; finality of order if not appealed. Any owner who has received an order under G.S. 160D-1122 may appeal from the order to the Albemarle Planning and Zoning Board by giving notice of appeal in writing to the Code Enforcement Officer within ten days of notification of the order. In the absence of an appeal, the order of the Code Enforcement Officer shall be final. The Planning and Zoning Board shall hear and render a decision in an appeal within a reasonable time. All appeals shall adhere to quasi-judicial procedures and shall consider only the Code Enforcement Officer's interpretation of the City Code related to the order. The Board may affirm, modify and affirm, or revoke the order.
(F) 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)
(A) Buildings and premises damaged. Any building or premises damaged by fire, storm, collapse, or an act of nature must be repaired in a manner that complies in all respects with all codes and ordinances of the City of Albemarle. Prior to repair or renovation the building shall be secured to prevent unauthorized entry.
(B) Order. If, after a notice and hearing under the division, the Code Enforcement Officer determines that the building under consideration has been damaged to the extent of the standards herein set forth, he shall state in writing his findings of facts in support of such determination, stating whether said building has been damaged to the extent set forth in this article and shall issue and cause to be served upon the owner thereof an order requiring that:
(1) If the repair, alteration or improvement of said building, bringing it up to the standards described herein, can be made at a cost less than 50% of the present value of the building, the order shall require the owner, within a specified period of time, to repair, alter or improve such building so as to render it fit for occupancy. Such order may also direct and require the owner to vacate and close the building until the repairs, alterations and improvements have been made and/or the unsafe and dangerous character of such building has been corrected.
(2) If the repair, alteration or improvement of said building bringing it up to the standards described herein cannot be made at a cost of less than 50% of the present value of the building, the order shall require the owner, within a specified period of time, to either repair, alter or improve such building so as to bring it into compliance with the standards described herein, or to demolish and remove such building. Any building or premises damaged by fire, storm, collapse, an act of nature, wear and tear, or natural deterioration to such an extent that it constitutes an imminent or immediate threat to the safety and/or health of its occupants or to the safety of the general citizenry shall be removed immediately. Said finding of imminent or immediate threat shall be by the Fire Marshal or by the Code Enforcement Officer and shall be based on the structural integrity of the building or premises.
(C) Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(D) Buildings located within the city designated local historic district shall be considered by the City of Albemarle Historic Resources Commission and may be granted exemption from this section by said Board. Buildings of historical value not located within the local historic district may be considered by the Historic Resources Commission at the request of the owner and may be granted exemption from this section by said Board. In granting an exemption the Board must make a finding that the building is in fact a building of historical value to the city, that all imminent threats to life safety will be addressed expeditiously as deemed acceptable by the Code Enforcement Officer, Fire Marshal and other building officials, that the owner will repair the damage on a timely basis, with commencement not to exceed one year, and that the building will be reconstructed and/or repaired in such a way as to keep the historical character of the building. The Historic Resources Commission may attach any reasonable conditions to the approval. Should the work not be completed as approved the Code Enforcement Officer may seek any and all other remedies as provided in this chapter.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)
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