The city recognized that it has an obligation to protect its citizens from conditions in and about commercial properties which threaten or may be injurious to public health, safety and welfare. In addition, the city recognizes that aesthetic considerations may constitute a valid basis for the exercise of police power if the public benefit outweighs private harm including: protection of property values, preservation of the character and integrity of the community, promotion of the comfort, happiness, and emotional stability of area residents.
(A) The provisions of the subchapter shall apply to all commercial premises, buildings, structures and accessories thereto within Elizabeth City's Central Business District zoning classification. The Minimum Housing Code for the City of Elizabeth City shall apply to residential structures; for combination structures, both codes will apply, with the more restrictive provision controlling in case of a conflict between the two. This code establishes minimum standards for the initial and continued occupancy and/or use of all such buildings, and does not replace or modify standards otherwise established for the construction, repair, alteration, preservation or use of the building, equipment or facilities subject to the code.
(B) It shall be the responsibility of the owner of all buildings, structures, and/or premises to ensure that said buildings, structures, and/or premises are maintained in compliance with all applicable provisions set out here. Abatement of the following violations below may require varying levels of conformance with the Historic Preservation District Overlay of the Elizabeth City Historic Preservation Commission (HPC) and, in turn, requiring varying levels of review and approval that may include the National Register of Historic Districts and standards for historic preservation set out by the Secretary of Interior.
(C) The provisions of this code apply whether the structure or building is occupied or vacant. All unoccupied or vacant structures or buildings shall be secured by the owner (or their representatives or any party in interest) to reasonably prevent the entry of unauthorized persons or the occurrences of damage creating conditions not permitted by law.
(D) In the event any provision, standard or requirement of this subchapter is found to be in conflict with any provision of any other ordinance or code of the city or state, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health, safety, or welfare of citizens and the peace and dignity of the city shall control.
(Ord. 2016-03-02, passed 3-28-2016; Ord. 2017-02-02, passed 2-13-2017)