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Butner, NC Code of Ordinances
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§ 151.01 FINDINGS.
   (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)
§ 151.02 DEFINITIONS.
   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)
§ 151.03 APPLICABILITY AND COMPLIANCE.
   (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)
§ 151.04 MAINTENANCE STANDARDS FOR NONRESIDENTIAL BUILDINGS AND STRUCTURES.
   (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)
§ 151.05 POWERS AND DUTIES OF PUBLIC OFFICER.
   The public officer shall have the following powers and duties:
   (A)   To investigate the nonresidential building or structure conditions and to inspect nonresidential buildings or structures located in the town in order to determine which nonresidential buildings or structures are unfit for occupation and use, and for the purpose of carrying out the objectives of this chapter with respect to the repair, closing, or demolition of the nonresidential buildings or structures;
   (B)   To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to require an owner of a nonresidential building or structure to repair, alter, or improve a nonresidential building or structure in order to bring it into compliance with the minimum standards established by the governing body or to vacate and close a nonresidential building or structure for any use;
   (C)   To administer oaths and affirmations, examine witnesses, and receive evidence;
   (D)   To enter upon premises for the purpose of making examinations and inspections; provided, such entries shall be made in accordance with law and in such manner as to cause the least possible inconvenience to the persons in possession; and
   (E)   To appoint and fix duties of such officers, agents, and employees necessary to carry out the purposes of this chapter, and to perform such other duties as may be prescribed herein by the Town Council.
(Prior Code, § 1705)
§ 151.06 INSPECTIONS.
   For the purposes of making inspections, the public officer is hereby authorized to enter, examine, and survey at all reasonable times nonresidential buildings and structures. If entry upon the premises for purposes of investigation is necessary, such entry shall be made pursuant to a duly issued administrative search warrant in accordance with G.S. § 15-27.2 or with permission of the owner, the owner’s agent, a tenant, or other person legally in possession of the premises. When faced with a situation where permission to inspect is denied, the public officer shall, if necessary, seek the advice of the Town Attorney.
(Prior Code, § 1706)
§ 151.07 PROCEDURES FOR ENFORCEMENT.
   (A)   Preliminary investigation; notice; hearing. Whenever it appears to the public officer that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet minimum standards established herein, the public officer shall undertake a preliminary investigation.
   (B)   Complaint and hearing. If the preliminary investigation discloses evidence of a violation in the minimum standards, the public officer shall issue and cause to be served upon the owner of and parties in interest in the nonresidential building or structure a complaint. The complaint shall state the charges and contain a notice that a hearing will be held before the public officer (or his or her designated agent) at a place within the corporate limits of the town scheduled not less than ten days nor more 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to answer the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
   (C)   Procedure after hearing.
      (1)   If, after notice and hearing, the public officer determines that the nonresidential building or structure has been maintained in that the property meets the minimum standards established by this chapter, the public officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof a copy of said determination.
      (2)   If, after notice and hearing, the public officer determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established in this chapter, the public officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order. The order may require the owner to take remedial action, within a reasonable time specified, subject to the procedures and limitations set out in divisions (C)(3) and (C)(4) below and elsewhere in this chapter.
      (3)   An order may require the owner to repair, alter, or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by in this chapter or to vacate and close the nonresidential building or structure for any use until the nonresidential building or structure is brought into compliance with this chapter.
      (4)   An order may require the owner to remove or demolish the nonresidential building or structure if the cost of repair, alteration, or improvement of the building or structure would exceed 50% of its then current value.
   (D)   Failure to comply with order and ordinances.
      (1)   If the owner fails to comply with an order to repair, alter, or improve, or to vacate and close the nonresidential building or structure, the Town Council may adopt an ordinance ordering the public officer to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the public officer found to be jeopardizing the health or safety of its occupants or members of the general public. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the County Register of Deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the public officer may cause the nonresidential building or structure to be repaired, altered, or improved or to be vacated and closed. The public officer may cause to be posted on the main entrance of any nonresidential building or structure so closed a placard with the following words: “This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful.” Any person who occupies or knowingly allows the occupancy of a nonresidential building or structure so posted shall be guilty of a Class 3 misdemeanor.
      (2)   If the owner fails to comply with an order to remove or demolish the nonresidential building or structure, the Town Council may adopt an ordinance ordering the public officer to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the public officer found to be jeopardizing the health or safety of its occupants or members of the general public. No ordinance shall be adopted to require demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity to bring it into conformity with the minimum standards established by the governing body. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the County Register of Deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the public officer may cause the nonresidential building or structure to be removed or demolished.
(Prior Code, § 1707)
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