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The Town Council finds, and declares, that there now exists, in the town and its one-mile jurisdiction, and may reasonably be expected to exist in the future, housing which is unfit for human habitation because of dilapidation; defects increasing the hazards of fire, accidents, or other calamities; lack of ventilation, adequate lighting, or sanitary facilities; or because of conditions rendering such housing unsafe or unsanitary, or dangerous or detrimental to the health, safety, or morals, or otherwise inimical, to the welfare of the residents of the town and its area of jurisdiction; and that a public necessity exists to exercise police powers of the town, pursuant to G.S. Chapter 160A, Article 19, and other applicable laws, as now, or hereafter, amended, to cause the repair and rehabilitation, closing, or demolishing of such housing in the manner provided in this article; and pursuant to the exercise for the police power, the Town Council finds as fact, and so declares, that the ensuing sections of this article are necessary to the implementation of its purposes hereinabove declared in this section, and that, specifically, but without limitation, the minimum standards of fitness for dwellings and dwelling units, as enacted in this article, are reasonable and necessary for this community, and are all reasonable and necessary criteria for determining whether dwellings and dwelling units in this town are fit for human habitation.
(Ord. 21-2018, passed 12-3-2018)
Statutory reference:
Similar provisions, G.S. Chapter 160D.
The provisions of this article shall not be construed to conflict with any other applicable laws, codes, or ordinances pertaining to housing, but are supplemental thereto, and where the provisions of this article are similar to provisions of other applicable codes or ordinances, the more stringent provisions shall apply.
(Ord. 21-2018, passed 12-3-2018)
(A) Every building used in whole, or in part, as a dwelling unit, or as two, or more, dwelling units, or as a rooming house, or boardinghouse, shall conform to the requirements of this article irrespective of the primary use of such building, and irrespective of when such building may have been constructed, altered, or repaired.
(B) This article establishes minimum standards for occupancy, and does not replace, or modify, standards otherwise established for construction, replacement, or repair of buildings, except such as are contrary to the provisions of this article.
(C) In addition to the exercise of police power authorized in this article, with respect to dwellings, the town shall cause to be repaired, closed, or demolished any abandoned structure which the Town Council finds to be a health, or safety, hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous condition constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities. The repair, closing, or demolition of such structures shall be pursuant to the same provisions, and procedures, as are prescribed in this article for the repair, closing, or demolition of dwelling found to be unfit for human habitation.
(Ord. 21-2018, passed 12-3-2018)
Neither this article, nor any of its provisions, shall be construed to impair, or limit, in any way the power of the town to define, and declare, nuisances, and to cause their abatement by summary action, or otherwise, or to enforce this article by criminal process, or otherwise, and the enforcement of any remedy provided in this article shall not prevent the enforcement of any other remedy, or remedies, provided in this code, or in other ordinances or laws.
(Ord. 21-2018, passed 12-3-2018)
Statutory reference:
Similar provisions, G.S. Chapter 160D.
(A) For the purpose of making inspections, the Code Official is hereby authorized to enter, examine, and survey, at all reasonable times, all dwellings, dwelling units, rooming units, and premises. The owner, or occupant, of every dwelling, dwelling unit, or rooming unit, or the person in charge thereof, shall give the Official free access to such dwelling, dwelling unit, or rooming unit and its premises, at all reasonable times for the purposes of such inspection, examination, and survey.
(B) Every occupant of a dwelling, or dwelling unit, shall give the owner thereof, or agent or employee, access to any part of such dwelling, or dwelling unit, and its premises, at all reasonable times for the purpose of making such repairs, or alterations, as are necessary to effect compliance with the provisions of this article, or with any lawful order issued pursuant to the provisions of this chapter.
(Ord. 21-2018, passed 12-3-2018)
Statutory reference:
Power to inspect, G.S. Chapter 160D.
Complaints, or orders, issued by the Code Official shall be served upon persons either personally, or by registered or certified mail, but if the whereabouts of such persons are unknown, and the same cannot be ascertained by the Official, he or she shall make an affidavit to that effect, and the serving of such complaint, or order, upon such person may be made by publishing the same once each week for two successive weeks in a newspaper, printed and published in the town. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint, or order.
(Ord. 21-2018, passed 12-3-2018)
Every dwelling, and dwelling unit, used as a human habitation, or held out for use as a human habitation, shall comply with all of the requirements of this article. No person shall occupy, as a human habitation, any dwelling, or dwelling unit, which does not comply with all of the requirements of this article.
(Ord. 21-2018, passed 12-3-2018)
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