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Albemarle, NC Code of Ordinances
ALBEMARLE, NORTH CAROLINA CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER
TITLE I: USE OF THE CODE AND PENALTIES
TITLE II: GOVERNMENT AND ADMINISTRATION
TITLE III: PUBLIC SAFETY
TITLE IV: PUBLIC WORKS
TITLE V: MUNICIPAL UTILITIES
TITLE VI: LICENSING AND REGULATION
TITLE VII: MOTOR VEHICLES AND TRAFFIC
TITLE VIII: OFFENSES
TITLE IX: PLANNING AND REGULATION OF DEVELOPMENT
CHAPTER 90: BUILDING REGULATIONS
CHAPTER 91: SUBDIVISION REGULATIONS
CHAPTER 92: ZONING REGULATIONS
CHAPTER 93: FLOOD DAMAGE PREVENTION
CHAPTER 94: WATERSHED AREAS
CHAPTER 95: NON-RESIDENTIAL BUILDING AND VACANT PROPERTY MAINTENANCE STANDARDS
PARALLEL REFERENCES
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§ 90.38 PERMIT FEES; INSPECTION FEES.
   (A)   Permit fees. Fees for permits shall be based on the total estimated cost of the proposed work, including all subcontracts if any, but in no case shall the total estimated cost be less than the market value of similar completed work in the city as determined by the appropriate inspector or inspectors. Permit fees shall be as established by the Council and filed in the office of the Building Inspector.
   (B)   Inspection fees. Building permit fees for the construction, alteration, or addition of buildings shall be based upon the total cost of the general construction, alteration, or addition. The term "total cost of construction" shall mean the greater amount of a bona fide bid price, duly authenticated, of the general construction, alteration, or addition or a sum equal to the product of the number of square feet of the general construction, alteration, or addition multiplied by $25. Building permit fees shall be as stated below.
      (1)   All construction except as referred to in divisions (2), (3), and (4) below.
 
Total Construction Cost 
Fees
First $10,000.00
Minimum $10.00
$10,001.00 - 200,000.00
$1.00 per thousand
$200,001.00 and above
$.50 per thousand
Maximum permit
$10,000.00
   
      (2)   Piers, bulkhead and waterway structures.
         (a)   Permit fees shall be $1.00 per $1,000.00 of construc-tion, alteration, or additional cost or fraction thereof over $1,000.00 with a minimum fee of $10.00.
         (b)   No permit fee shall be charged for any construc- tion, alteration, or addition the cost of which is $50.00 or less.
      (3)   Mechanical permit. In addition to the fees charged above, a fee for heating installation and for air condition installation shall be charged as follows:
Heating            $ .80 per square feet of area to be heated
Air Conditioning    .50 per square feet of area to be air conditioned (it is estimated the fees will be approximately $2.50 for each $500.00 of installation cost)
Minimum fee          10.00
      (4)   Mobile homes. A permit fee of $15.00 shall be charged for mobile homes.
(Ord. 83-17, passed 6-20-83; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)
§ 90.39 CITY HELD HARMLESS.
   The applicant seeking a permit required by this and other chapters under the jurisdiction of the Inspections Section shall hold the city harmless from claims of bodily injury and/or property damage of all persons arising out of the use or occupancy of the premises as specified on the permit by the applicant, his agents, employees, or invitees.
(Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)
MINIMUM HOUSING STANDARDS
§ 90.45 FINDINGS; PURPOSE.
   (A)   Pursuant to G.S. 160D-1201, it is hereby found and declared that there exists in the city dwellings unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, light, and sanitary facilities, and due to other conditions rendering the dwellings unsafe or insanitary, and dangerous and detri- mental to the health, safety, and morals, and otherwise inimical to the welfare of the residents of the city.
   (B)   In order to protect the health, safety, and welfare of the residents of the city, it is the purpose of §§ 90.45 through 90.66 to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. 160D-1205.
(‘58 Code, § 4-112) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)
§ 90.46 DEFINITIONS.
   (A)   For the purpose of §§ 90.45 through 90.66, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "BASEMENT." A portion of a building located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.
   “BUILDING.” Includes other structures.
   "CELLAR." A portion of a building located partly or wholly underground, having inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
   "DETERIORATED." A dwelling unfit for human habitation that can be repaired, altered, or improved to comply with all of the minimum standards established by §§ 90.45 through 90.66 , at a cost not in excess of 50% of its value, as determined by finding of the Inspector.
   "DILAPIDATED." A dwelling unfit for human habitation that cannot be repaired, altered, or improved to comply with all of the minimum standards established by §§ 90.45 through 90.66, at a cost not in excess of 50% of its value, as determined by finding of the Inspector.
   “DWELLING.” Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
   “DWELLING UNIT.” Any room or group of rooms located within a dwelling and forming a single habitable unit, with facilities used or intended to be used for living, sleeping, cooking, and eating.
   "EXTERMINATION." The control and elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the Inspector.
   "GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
   "HABITABLE ROOM." A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers, communicating corridors, closets, and storage spaces.
   "INFESTATION." The presence, within or around a dwelling, of any insects, rodents, or other pests in such number as to constitute a menace to the health, safety, or welfare of the occupants or to the public.
   "INSPECTOR." A Building Inspector of the city or any agent who is authorized by the city department responsible for the enforcement of this chapter.
   "MULTIPLE DWELLING." Any dwelling containing more than two dwelling units.
   "OCCUPANT." Any person over one year of age, living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit or rooming unit.
   "OPERATOR." Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.
   "OWNER." Any person who alone, or jointly, or severally with others:
      (1)   Shall have title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
      (2)   Shall have charge, care, or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
   "PLUMBING." Includes all of the following supplied facilities and equipment: gas pipes, gas- burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basin, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.
   "PUBLIC AUTHORITY." The housing authority of the city, or any officer who is in charge of any department or branch of the government of the city or Stanly County or the State of North Carolina relating to health, fire, building regulations, or other activities concerning dwellings in the city.
   "ROOMING HOUSE." Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator, to three or more persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator.
   "ROOMING UNIT." Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
   "RUBBISH." Combustible and noncombustible waste materials, except garbage and ashes, and the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust.
   "SUPPLIED." Paid for, furnished, or provided by, or under the control of the owner or operator.
   "TEMPORARY HOUSING." Any tent, trailer, or other structure used for human shelter which is designed to be transportable, and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.
   "UNFIT FOR HUMAN HABITATION." Conditions exist in a dwelling which violate or do not comply with one or more of the minimum standards of fitness, or one or more of the requirements established by §§ 90.45 through 90.66 .
   (B)   Whenever the words "DWELLING," "DWELLING UNIT," "ROOMING HOUSE," "ROOMING UNIT," or "PREMISES" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
(‘58 Code, § 4-113) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)
§ 90.47 MINIMUM STANDARDS OF FITNESS FOR DWELLINGS AND DWELLING UNITS.
   Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of §§ 90.45 through 90.66. No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards for human habitation and all of the requirements of §§ 90.45 through 90.66. A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 4-114) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
§ 90.48 MINIMUM STANDARDS FOR STRUCTURAL CONDITION.
   (A)   Walls or partitions or supporting members, sills, joists, rafters, or other structural members shall not list, lean, or buckle, and shall not be rotted, deteriorated, or damaged, and shall not have holes or cracks which might admit rodents.
   (B)   Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.
   (C)   Foundations, foundation walls, piers, or other foundation supports shall not be deteriorated or damaged.
   (D)   Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fall or collapse.
   (E)   Adequate facilities for egress in case of fire or panic shall be provided.
   (F)   Interior walls and ceilings of all rooms, closets, and hallways shall be finished of suitable materials, which will, by use of reasonable household methods, promote sanitation and cleanliness, and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces.
   (G)   The roof, flashings, exterior walls, basement walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained so as to be weather- and watertight.
   (H)   There shall be no chimneys or parts thereof which are defective, deteriorated, or in danger of falling, or in such condition or locations as to constitute a fire hazard.
   (I)   There shall be no use of the ground for floors, or wood floors on the ground.
   (J)   A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 4-115) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
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