Section
151.01 Findings
151.02 Definitions
151.03 Applicability and compliance
151.04 Maintenance standards for nonresidential buildings and structures
151.05 Powers and duties of public officer
151.06 Inspections
151.07 Procedures for enforcement
151.08 Limitations on orders and ordinances concerning historic landmark of historic district
151.09 Limitations on orders and ordinances concerning vacant manufacturing facility or vacant industrial warehouse
151.10 Action by Town Council upon abandonment of intent to repair
151.11 Methods of service of complaints and orders
151.12 Costs a lien on premises
151.13 Ejectment
151.14 Lis pendens
151.15 Alternative remedies
151.16 Board of Adjustment to hear appeals; appeals
151.17 Conflict with other provisions
151.18 Violations
151.99 Penalty
(A) It is hereby found and declared that there exist nonresidential buildings and/or structures in the corporate limits of the town which pose an unreasonable danger to the town and its citizens. In order to protect the health, safety, and welfare of the town and its citizens, it is the purpose of this chapter to establish minimum standards of maintenance, sanitation, and safety relating to nonresidential buildings or structures, as expressly authorized by G.S. § 160D-1129.
(B) This chapter provides for the repair, closing, or demolition of nonresidential buildings or structures as a result of a public necessity caused by conditions that are dangerous and injurious to the public health, safety, and welfare.
(Prior Code, § 1701) (Ord. 22-01-02, passed 1-6-2022)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC STRUCTURAL ELEMENTS. The parts of a building which provide the principal strength, stability, integrity, shape, and safety of the building, including, but not limited to, plates, studs, joists, rafters, stringers, stairs, sub-flooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry, and all other essential components.
BUILDING. Any structure, place, or any other construction built for the shelter or enclosure of persons, animals, chattels, or property of any kind or any part of such structure, shelter, or property.
NONRESIDENTIAL BUILDING OR STRUCTURE. Any building or structure or portion of a building or structure occupied or intended to be occupied, in whole or in part, for a use other than a dwelling, home, residing place, living space, or sleeping space for one or more human beings, either permanently or transiently.
OCCUPANT. Any person who is a tenant or has actual possession of a nonresidential building or structure or part thereof.
OPERATOR. Any person who has charge, care, or control of a nonresidential building or structure, or part thereof.
OWNER. Any person who alone, or jointly, or severally with others:
(1) Shall have title in fee simple to any nonresidential building or structure, with or without accompanying actual possession thereof; or
(2) Shall have charge, care, or control of any nonresidential building or structure 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 or she were the owner.
PARTIES IN INTEREST. All individuals, associations, and corporations who have interests of record in a nonresidential building or structure and any who are in possession thereof.
PREMISES. Any lot or parcel of land inclusive of any building or improvements located thereon.
PUBLIC OFFICER. The Officer or Officers who are authorized by this chapter to exercise the powers prescribed by this chapter and by G.S. Ch. 160D, Art. 11. The PUBLIC OFFICER shall be the Town Planner or other town employee(s) designated by the Town Manager and may also include PUBLIC OFFICERS working for or on behalf of the town pursuant to a contract or agreement with another entity or political subdivision.
SAFE. A condition which is not likely to do harm to humans or to real or personal property.
STRUCTURALLY SOUND. Free from flaw, defect, decay, or deterioration to the extent that the building or structure or structural member is capable of adequately or safely accomplishing the purpose for which it was intended or designed.
STRUCTURE. Anything constructed or placed upon a property which is supported by the ground or which is supported by any other structure, except a currently operable licensed vehicle.
UNSAFE. A condition which is reasonably likely to do harm to humans or to real or personal property if not corrected or stopped.
VACANT INDUSTRIAL WAREHOUSE. Any building or structure designed for the storage of goods or equipment in connection with manufacturing processes, which has not been used for that purpose for at least one year and has not been converted to another use.
VACANT MANUFACTURING FACILITY. Any building or structure previously used for the lawful production or manufacturing of goods, which has not been used for that purpose for at least one year and has not been converted to another use.
(Prior Code, § 1702) (Ord. 22-01-02, passed 1-6-2022)
(A) The provisions of this chapter shall apply to all nonresidential buildings or structures which are now in existence or which may be built within the corporate limits of the town.
(B) Every nonresidential building or structure and the premises on which it is situated shall comply with the provisions of this chapter, whether or not such building or structure shall have been constructed, altered, or repaired before or after the enactment of this chapter, and irrespective of any permits or licenses which have been issued for the use or occupancy of the building or structure or for the installment or repair of equipment or facilities.
(C) This chapter establishes minimum standards for all nonresidential buildings and structures and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building or structure, equipment, or facilities contained therein.
(Prior Code, § 1703)
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