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)
(A) All nonresidential buildings and structures shall be free of all conditions that are dangerous and injurious to the public health, safety, and welfare of occupants or members of the general public.
(B) Without limitation of the foregoing requirement, the existence of any of the following conditions shall be deemed to be dangerous to the public health, safety, and welfare for which a public necessity exists for the repair, closing, or demolition of such building or structure and must be corrected in accordance with the provisions of this chapter:
(1) Interior walls, vertical studs, partitions, supporting members, sills, joists, rafters, or other basic structural members that list, lean, or buckle to such an extent as to render the building unsafe, that are rotted, deteriorated, or damaged, and that have holes or cracks which might admit rodents;
(2) Exterior walls that are not structurally sound, free from defects and damages, and capable of bearing imposed loads safely. Where a wall of a building has become exposed as a result of demolition of adjacent buildings, such wall must have all doors, windows, vents, or other similar openings closed with material of the type comprising the wall. The exposed wall shall be painted, stuccoed, or bricked and sufficiently weatherproofed to prevent deterioration of the wall;
(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. Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used. Roofs shall be kept structurally sound and shall be maintained in such a manner so as to prevent rain or other objects from penetrating into the interior of the building;
(4) Such damage by fire, wind, or other causes as to render the building unsafe;
(5) Dilapidation, decay, unsanitary conditions, or disrepair, which is dangerous to the health and safety of the occupants or members of the general public;
(6) 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 members of the general public;
(7) Buildings and structures including their environs that have accumulations of garbage, trash, or rubbish, which creates health and sanitation problems. All garbage and solid waste shall be in approved containers or stored in a safe and sanitary manner;
(8) Buildings and structures that have loose and insufficiently anchored overhanging objects, which constitute a danger of falling on persons or property;
(9) Buildings and structures including their environs that have insufficiently protected holes, excavations, breaks, projections, obstructions, and other such dangerous impediments on and around walks, driveways, parking lots, alleyways, and other areas which are accessible to and generally used by persons on or around the premises;
(10) Buildings and structures that have cracked or broken glass, loose shingles, loose wood, crumbling stone or brick, loose or broken plastic, or other dangerous objects or similar hazardous conditions. Exterior surfaces shall be maintained in such material or treated in such a manner as to prevent deterioration and repaired or replaced with like or similar material according to its original use;
(11) Buildings and structures that have objects and elements protruding from building walls or roofs, which are unsafe or not properly secured, or which can create a hazard such as abandoned electrical boxes and conduits, wires, sign brackets and other brackets, and similar objects;
(12) Chimneys, flues, and vent attachments thereto which are not 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;
(13) Cornices which are not structurally sound. Rotten or weakened portions shall be repaired and/or replaced. All exposed wood shall be treated or painted;
(14) Improperly attached gutters or down-spouts that are located so as to cause a hazard to pedestrian, vehicular traffic, or adjacent property;
(15) Advertising sign structures, attached or freestanding awnings, marquees, and their supporting members, and other similar attachments and structures that cause a safety hazard to the occupants or members of the general public;
(16) All exterior surfaces that may cause unsafe conditions due to a lack of maintenance. Exterior surfaces shall be painted or sealed when necessary to protect the underlying surface from deterioration. All exterior surfaces that have been painted shall be maintained generally free of peeling and flaking. Where 50% or more of the aggregate of any painted surface shall have peeling or flaking or previous paint worn away, the entire surface shall be repainted in order to prevent further deterioration;
(17) Windows containing broken or cracked glass that could be in danger of falling or shattering. All windows must be tight-fitting and have sashes of proper size and design and free from rotten wood, broken joints, or broken or loose mullions;
(18) All openings originally designed as windows, doors, loading docks, or other means of egress or ingress which have been temporarily closed by boarding or other manner in a non-secure manner so as to allow unauthorized admittance. If an opening is temporarily closed by boarding to secure the building or structure, the boarding shall be trim fit, sealed to prevent water intrusion, and painted or stained to properly conform with the other exterior portions of the building and the building or structure shall be maintained in a state that secures the building or structure from any unauthorized admittance from humans, animals, or birds; and
(19) Any combination of conditions which in the judgment of the code enforcement coordinator or officer renders any building or structure dangerous or injurious to the public health, safety, and general welfare.
(Prior Code, § 1704)
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