Section
General Provisions
5-4.1 Title
5-4.2 Intent and findings of the Town Board of Commissioners
5-4.3 Purpose and scope
5-4.4 Owner’s responsibilities generally
5-4.5 Occupant’s responsibilities generally
5-4.6 Conditions rendering residential buildings unfit for human habitation
5-4.7 Declaration of unsafe non-residential building or structure
5-4.8 Unlawful to rent or occupy property after expiration of time limits under any orders issued pursuant to this article
5-4.9 Unauthorized removal of orders, notices
5-4.10 Definitions
5-4.11 Chapter supplemental; alternative remedies
Administration and Enforcement
5-4.20 Duties and powers of enforcing agent
5-4.21 Preliminary investigation; issuance of complain; hearing
5-4.22 Methods of service of complaints and orders
5-4.23 Determination, issuance of order after hearing
5-4.24 Failure to comply with order; Council may consider ordinance enforcing order
5-4.25 Remedies; appeal by owner to superior court
5-4.26 Summary ejectment if occupants fail to obey order or ordinance to vacate
5-4.27 Emergency enforcement
5-4.28 Penalties and fees
5-4.29 Collection of costs
Minimum Standards
5-4.40 International Property Maintenance Code; certain chapters and index adopted as minimum standards
GENERAL PROVISIONS
(A) It is hereby found and declared that the existence and occupation of dwellings in this town's jurisdiction that are unfit for human habitation are inimical to the welfare and dangerous and injurious to the health, safety and morals of the people of the town, and that a public necessity exists for the repair, closing or demolition of such dwellings. Whenever this town finds that there exists in the town dwellings that are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering the dwellings unsafe or unsanitary, or dangerous or detrimental to the health, safety, morals, or otherwise inimical to the welfare of the residents of the town; and
(B) It is hereby found that when there exists within the town's jurisdiction structures which the Board of Commissioners find to be hazardous to the health, safety and welfare of the residents of the town due to the attraction of insects, snakes and/or rodents or conditions creating a fire hazard, dangerous conditions constituting a threat to children or conditions creating a fire hazard, dangerous conditions constituting a threat to children or conditions creating frequent use by vagrants as living quarters in the absence of sanitary facilities.
(C) The Board of Commissioners is authorized by G.S. §§ 160D-1129 and 160D-1201 to exercise its police powers to repair, close or demolish the dwellings in the manner herein provided; and pursuant to the authority granted by G.S. §§ 160A-193, 160D-1129 and 160D-1201, it is the further intent of this article to provide for the repair, closing or demolition of any such unsafe or unsanitary dwellings, and abandoned structures in accordance with the provisions as are set forth in this article for the repair, closing or demolition of dwellings and/or structures, and to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation.
(Adopted 11-2-2021)
(A) The purpose of this article is to stop, remedy and prevent the decay and deterioration of places of habitation and to eliminate blighted neighborhoods by providing minimum requirements for dwellings for the protection of life, health, safety, welfare and property of the owners and occupants of dwellings and the general public.
(B) Additionally, the purpose of this article is to stop, remedy and prevent the decay and deterioration of places of non-residential buildings and structures for the protection of life, health, safety, welfare and property of the owners and occupants of non-residential buildings and the general public.
(C) The provisions of this article apply to all residential buildings, and their accessory structures, all non-residential buildings and non-residential structures within the town as now or may later be fixed. Demountable buildings or structures when used, or intended to be used, for human habitation, shall be subject to the applicable provisions of this article.
(Adopted 11-2-2021)
(A) An owner remains liable for duties imposed by this article even though:
(1) An obligation is also imposed on the occupants; or
(2) The owner has, by agreement, imposed on the occupant(s) the duty of furnishing required equipment or complying with this article.
(B) Public areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public area of the dwelling and premises thereof.
(C) In all cases, the owner shall be responsible for the availability of rubbish and garbage storage facilities.
(D) It shall be a defense to §§ 5-4.21 et seq. that violations of this article were caused solely by a tenant(s) or tenants' guests. Owners are responsible for ensuring that the dwelling or building is brought into compliance with this article.
(Adopted 11-2-2021)
Every occupant of a dwelling unit shall:
(A) Cleanliness. Keep that part of his or her dwelling and dwelling unit and premises thereof which he or she occupies and controls in a clean and sanitary condition;
(B) Rubbish and garbage. Dispose of all his or her rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities;
(C) Supplied plumbing fixtures. Keep all supplied plumbing fixtures therein in a sanitary condition and be responsible for the exercise of reasonable care in the proper use and operation of same;
(D) Care of facilities, equipment and structure. Not destroy, deface, or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.
(Adopted 11-2-2021)
(A) 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 minimum standards of fitness for human habitation and all other applicable requirements of this article.
(B) No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all other applicable requirements of this article.
(C) The following standards shall constitute the minimum standards for structural condition of a dwelling or dwelling unit. The inspector will determine that a residential building is unfit for human habitation if any of the following conditions exist:
(1) Walls or partitions or supporting members, sills, joists, rafters, or other structural members list, lean or buckle, and/or are rotten, deteriorated, or damaged, and/or have holes or cracks which might admit rodents. Supporting members are not adequate if 33% or more are damaged or deteriorated. Non-supporting, enclosing or outside walls or coverings are not adequate if 55% or more are damaged or deteriorated;
(2) Floors or roofs have inadequate supporting members and strength to be reasonably safe for the purpose used. Supporting members are not adequate if 33% or more are damaged or deteriorated. Non-supporting, enclosing or outside walls or covering are not adequate if 55% or more are damaged or deteriorated;
(3) Foundations, foundation walls, piers or other foundation supports are deteriorated or damaged;
(4) Steps, stairs, landings, porches, or other parts and appurtenances are maintained in such condition that they will fail or collapse;
(5) Adequate facilities for egress in case of fire or panic are not provided;
(6) Interior walls and ceilings of all rooms, closets, and hallways are not furnished of suitable materials, which will by use of reasonable household methods promote sanitation and cleanliness, and are not maintained in such manner so as to enable the occupants to maintain reasonable privacy between various spaces;
(7) The roof, flashing, exterior walls, floors, and all doors and windows exposed to the weather are not constructed and maintained so as to be weather and watertight;
(8) Chimneys or parts thereof are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard;
(9) The ground is used for floors, or wood floors are on the ground.
(D) Irrespective of subsection (A) above, the enforcing agent shall find residential dwelling units to be unfit for human habitation if a dwelling unit contains more than five separate types of violations of any of the minimum standards set forth in this article.
(Adopted 11-2-2021)
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