(A) Adopted.
(1) The North Carolina State Building Code, Volume I, General Construction; Volume I-A, Administration and Enforcement; Volume I-C, Accessibility Code; Volume II, Plumbing; Volume III, Mechanical; Volume IV, National Electric Code; Volume V, Fire; Volume VI, Gas; Volume VII, Residential; Volume VIII, Modular Construction Regulations, Regulations for Manufactured/Mobile Homes; Volume IX, Existing Buildings; and Volume X, Energy, as now in effect or as may be subsequently amended, are adopted by reference as if set forth fully herein as the Building Code of the town. It is adopted to the extent such code is applicable for safe and stable design, methods of construction, minimum standards and use of materials in buildings or structures erected, enlarged, altered, repaired or otherwise constructed or reconstructed after December 14, 1987.
(a) Appendix M, International Residential Code/NC, as amended.
(2) A member of the Town Planning and Inspections Department, certified by the North Carolina Code Qualifications Board, shall administer and enforce the provisions of the North Carolina State Building Code, except that in accordance with Ch. 95 of this code, the Fire Department shall administer and enforce the provisions of Volume 5, Fire Prevention.
(`88 Code, § 4-61)
(B) Penalties for violation.
(1) Notwithstanding anything else to the contrary in this chapter, if any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the Building Inspector, or any appropriate authority, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(2) Violation of the provisions of these regulations shall be a misdemeanor under G.S. § 14-4, and each day’s continuing violation shall be a separate offense. Notwithstanding the criminal penalties, the Building Inspector or the Zoning Administrator may institute a civil action against the offender seeking enforcement by appropriate equitable remedy, injunction and order of abatement or by any remedy authorized by G.S. §§ 160A-175 and 160D-1119, as amended.
(3) Enforcement.
(a) Any work or activity subject to regulations pursuant to this chapter or other applicable local development regulations or any state law delegated to the local government undertaken in substantial violation of any state to local law, or in a manner that endangers life or property, staff may order that work or activity to be immediately stopped.
(b) When an activity is undertaken in violation of the development regulations adopted pursuant to this chapter or other local development regulations or any state law delegated to the local government for enforcement purposes a notice of violation can be issued in accordance with § 10.99. Notice of violation shall be posted on the property.
(`88 Code, § 4-62) (Ord. passed 12-14-87; Am. Ord. 91-01, passed 5-13-91; Am. Ord. 05-10, passed 6-22-05; Am. Ord. 09-05, passed 5-27-09; Am. Ord. 11-03, passed 1-26-11; Am. Ord. 18-8, passed 6-23-21)
Statutory reference:
Authority of town to adopt building code, see G.S. § 143-138
Violations, see G.S. § 143-138(h)
Authority of town to adopt building code by reference, see G.S. § 160A-76
Police power, see G.S. §§ 160A-174 et seq.
Permits generally, see G.S. §§ 160D-110 et seq.
Authority of town to set and enforce standards, see G.S. §§ 160D-1104 et seq.