TITLE XV:  LAND USAGE
Chapter
   150.   BUILDING REGULATIONS
   151.   HOUSING AND BUILDING CODE
   152.   RESERVED
   153.   FLOOD DAMAGE PREVENTION
   154.   RESERVED
   155.   SUBDIVISION REGULATIONS
   156.   ZONING CODE
   157.   RIPARIAN BUFFERS
   158.   RESERVED
   159.   RENTAL DWELLING REGISTRATION SERVICES PROGRAM
CHAPTER 150:  BUILDING REGULATIONS
Section
   150.01   Applicability of codes
   150.02   State Building Code rules and regulations adopted
   150.03   Codes on file
   150.04   Building Inspector
   150.05   Building permit fees
§ 150.01  APPLICABILITY OF CODES.
   The provisions of this chapter and the regulatory codes herein adopted shall apply to the following:
   (A)   The location, design, materials, equipment, construction, reconstruction, alternation, repair, maintenance, moving, demolition, renewal, use and occupancy of every building or structure of every kind, or any appurtenances connected or attached to the building or structure of every kind.
   (B)   The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of house sewers, building drains, waste and vent systems, hot and cold water supply systems and all fixtures and appurtenances thereof.
   (C)   The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air conditioning and refrigeration systems, fuel-burning equipment and appurtenances thereof.
   (D)   The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances thereof.
(`90 Code, § 4-1; Am. Ord. passed 9-12-02)
§ 150.02  STATE BUILDING CODE RULES AND REGULATIONS ADOPTED.
   All state rules, regulations and standards adopted by the North Carolina Building Code Council or other state agency authorized to regulate the matters set forth in § 150.01 are hereby adopted by reference as the Building Code of the city, to ensure safe and stable design, methods of construction, minimum standards and use of materials in buildings or structures hereafter erected, enlarged, altered, repaired or otherwise constructed or reconstructed.
(`90 Code, § 4-4) (Am. Ord. passed 9-12-02)
§ 150.03  CODES ON FILE.
   Copies of all codes adopted by this chapter shall be kept on file in the office of the Building Inspector.
(`90 Code, § 4-8)  (Am. Ord. passed 9-12-02)
§ 150.04  BUILDING INSPECTOR.
   (A)   There is created the office of Building Inspector, which shall be filled by appointment by the City Manager.
   (B)   The Building Inspector shall:
      (1)   Prepare and submit to the City Council a report covering the activities of his or her office annually or as required by the City Council.
      (2)   Condemn the buildings or premises that exist in violation of this chapter and fire and health laws.
      (3)   Inspect all buildings repaired, altered or constructed to ascertain if the construction, alteration or repairs conform to the permit issued.
      (4)   Issue building permits in accordance with State Building Code provisions, rules, regulations, and standards.
      (5)   Perform all of the duties and responsibilities set forth in state law and enforce all of the building inspection provisions set forth in G.S. Ch. 160A, Art. 5.
(`90 Code, § 4-2)  (Am. Ord. passed 9-12-02)
Statutory reference:
   Administrative search and inspection warrant, see G.S. § 15-27.2
§ 150.05  BUILDING PERMIT FEES.
   Building permit fees, in amounts which are kept on file in the office of the City Clerk,  shall be paid to the Building Inspector prior to the issuance of the permit and the beginning of construction.
(`90 Code, § 4-3)  (Am. Ord. passed 9-12-02)
CHAPTER 151:  HOUSING AND BUILDING CODE
Section
General Provisions
   151.01   How chapter known and cited
   151.02   Intent and findings of the City Council
   151.03   Purpose and scope
   151.04   Owner’s responsibilities generally
   151.05   Occupants’ responsibilities generally
   151.06   Conditions rendering residential buildings unfit for human habitation
   151.07   Declaration of unsafe non-residential building or structure
   151.08   Unlawful to rent or occupy property after expiration of time limits under any orders issued pursuant to this chapter
   151.09   Unauthorized removal of orders, notices
   151.10   Definitions
   151.11   Chapter supplemental; alternative remedies
Administrative and Enforcement
   151.20   Duties and powers of enforcing agent(s)
   151.21   Preliminary investigation; issuance of complaint; hearing
   151.22   Methods of service of complaints and orders
   151.23   Determination, issuance of order after hearing
   151.24   Failure to comply with order; Council may consider ordinance enforcing order
   151.25   Remedies; appeal by owner to Superior Court
   151.26   Summary ejectment if occupants fail to obey order or ordinance to vacate
   151.27   Emergency enforcement
   151.28   Collection of costs
Minimum Standards
   151.40   International Property Maintenance Code - certain chapters and index adopted as minimum standards
 
   151.99   Penalties and fees
§ 151.01  HOW CHAPTER KNOWN AND CITED.
   This chapter shall be known, and cited as, as the “Minimum Housing and Unsafe Building Code” and may be referred to herein as “this chapter.”
(Ord. passed 12-12-17)
§ 151.02  INTENT AND FINDINGS OF THE CITY COUNCIL.
   (A)   It is hereby found and declared that the existence and occupation of dwellings in this city'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 this city and county, and that a public necessity exists for the repair, closing or demolition of such dwellings. Whenever this city finds that there exists in the city 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 city; and
   (B)   It is hereby found that when there exists within the city's jurisdiction structures which the city Council find to be hazardous to the health, safety and welfare of the residents of the city due to the attraction of insects and/or 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 City Council is authorized by state law 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, it is the further intent of this ordinance 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 chapter 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.
(Ord. passed 12-12-17)
§ 151.03  PURPOSE AND SCOPE.
   (A)   The purpose of this chapter 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 chapter 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 chapter apply to all residential buildings, and their accessory structures, all non-residential buildings and non-residential structures within the city 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 chapter.
(Ord. passed 12-12-17)
§ 151.04  OWNER'S RESPONSIBILITIES GENERALLY.
   (A)   An owner remains liable for duties imposed by the Chapter 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 chapter.
      (3)   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.
      (4)   In all cases, the owner shall be responsible for the availability of rubbish and garbage storage facilities.
   (B)   It shall be a defense to §§ 152.21 et seq. that violations of this chapter were caused solely by a tenant(s) or tenants' guests. Owner(s) are responsible for ensuring that the dwelling or building is brought into compliance with this chapter.
(Ord. passed 12-12-17)
§ 151.05  OCCUPANTS' RESPONSIBILITIES GENERALLY.
   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.
(Ord. passed 12-12-17)
§ 151.06  CONDITIONS RENDERING RESIDENTIAL BUILDINGS UNFIT FOR HUMAN HABITATION.
   (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 chapter.
   (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 chapter.
   (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 arc 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 division (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 chapter.
(Ord. passed 12-12-17)
§ 151.07  DECLARATION OF UNSAFE NON-RESIDENTIAL BUILDING OR STRUCTURE.
   (A)   Every structure within the city's jurisdiction shall be deemed in violation of this chapter whenever such structure constitutes a hazard to the health, safety or welfare of the city citizens. The enforcing agent may declare a non-residential structure or building to be unsafe as a result of:
      (1)   Vacancy or abandonment;
      (2)   Dilapidated conditions causing or contributing to blight, disease and/or safety hazards;
      (3)   The attraction of insects and/or rodents and/or snakes including the collection of garbage or rubbish in or near the structure which might attract rodents and/or snakes and/or insects or become breeding places for rodents and/or snakes and/or insects;
      (4)   Conditions creating a fire hazard;
      (5)   Dangerous conditions constituting a threat to children, such as the use of such structure or nearby grounds or facilities by children as a play area, or violations of the State Building Code which might result in danger to children using the structure or facilities as a play area;
      (6)   Repeated use of such structure in the absence of sanitary facilities, for living, sleeping, cooking or eating;
      (7)   In violation of the State Building Code, or the State Electrical Code or the Fire Prevention Code which constitutes a fire hazard in such structure or the International Property Management Code as adopted by the city in § 152.40; and
      (8)   Violation of the standards established by the city in this chapter.
   (B)   It is the policy of the City Council to encourage property owners to secure unoccupied buildings from entry temporarily, until the building may be repaired or demolished. It shall be no defense to the enforcement of this chapter that an unoccupied building has been secured from entry by boarding up the doors, windows or other entry points. If a building remains unoccupied and boarded up for a period of more than one year, it shall be taken as evidence that the owner(s) have abandoned the intent and purpose to repair, alter or improve the building.
(Ord. passed 12-12-17; Am. Ord. passed 3-19-18)
§ 151.08  UNLAWFUL TO RENT OR OCCUPY PROPERTY AFTER EXPIRATION OF TIME LIMITS UNDER ANY ORDERS ISSUED PURSUANT TO THIS CHAPTER.
   (A)   If any order issued and served in accordance with this chapter requires that a dwelling or dwelling unit be closed and vacated and said order is not complied with within the time specified therein, it shall be unlawful for any person that had knowledge of the issuance of the order to occupy any portion of the building under order for any purpose.
   (B)   When the enforcing agent finds that a building is unfit for human habitation within the meaning of this chapter and has notified the owner to such effect and the time limit set by the inspector for the correction of defects and vacating same has expired, it shall be unlawful for any person (including, but not limited to, owner or owner's agent) to receive rentals, offer for rent, or occupy said building/dwelling unit for any purpose.
(Ord. passed 12-12-17)
§ 151.09  UNAUTHORIZED REMOVAL OF ORDERS, NOTICES.
   No person, without the written consent of the inspector, shall remove or permit the removal of any complaint, notice or order posted in accordance with the provisions of this chapter.
(Ord. passed 12-12-17)
§ 151.10  DEFINITIONS.
   The following definitions shall apply in the interpretation and enforcement of this chapter.
   BASEMENT. A portion of a dwelling which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.
   CELLAR. A portion of a dwelling which is located partly or wholly underground having an adequate access to light and air from windows located partly or wholly below of the adjoining ground.
   DETERIORATED. A dwelling may be unfit for human habitation and can be repaired, altered, or improved to comply with all of the minimum standards established by this chapter at a cost not in excess of 50% of its value, as determined by the inspector.
   DILAPIDATED. A dwelling is unfit for human habitation and cannot be improved, repaired, or altered to comply with all of the minimum standards established by this chapter except at a cost in excess of 50% of its value, as determined by the inspector.
   DWELLING. Any building, structure, manufactured home or mobile home or part thereof which is wholly or partly used or intended to be used for living, sleeping or habitation by human occupants and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured home of health care home which is used solely for a seasonal vacation purpose. Temporary housing, except for temporary family health care structures as defined below, shall not be regarded as a dwelling. The term dwelling shall include within its meaning the terms rooming house and rooming unit, as hereinafter defined.
   DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
   EXTERMINATION. The control and elimination of insects, rodents or other pests by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination methods approved by the inspector.
   GARBAGE. The waste resulting from the handling, preparation, cooking, and consumption of food.
   GENDER. Words having a masculine gender shall include the feminine and neuter gender.
   HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathroom, water closet compartments, laundries, heater rooms, foyers, or communication corridors, closets and storage spaces.
   INFESTATION. The presence, within or around a dwelling, or any insects, rodents or other pests in such number as to constitute a menace to the health, safety or welfare of the occupants or the public.
   INSPECTOR. The Roxboro City Manager or his or her designee or agent. INSPECTOR shall be synonymous with "public officer," as that term is used in G.S. Ch. 160A, Art. 19, Part 6.
   MULTIPLE DWELLINGS. Any dwelling containing more than two dwelling units.
   OCCUPANCY. Any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling, dwelling unit or rooming unit.
   OPERATOR. Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
   OWNER.
      (1)   Any person who alone, jointly, or severally with others:
         (a)   Shall have title to any dwelling, dwelling unit or rooming unit, with or without accompanying actual possession thereof; or
         (b)   Shall be a mortgagee of record for any dwelling, dwelling unit or rooming unit; or
         (c)   Shall have charge, care, or control of any dwelling, dwelling unit or rooming unit, as owner or agent of the actual owner, or as executor, executrix, administrator, administrix, trustee or guardian of the estate of the actual owner.
      (2)   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 were the owner.
   PARTY or PARTIES-IN-INTEREST. All individuals, associations and corporations who have interests of record in a non-residential building or structure, dwelling, dwelling unit or rooming unit and any persons who are in possession thereof.
   PERSON. Any individual, corporation, firm, partnership, association, organization or other legal entity.
   PLUMBING. Shall mean and include all of the following supplied facilities and equipment; gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units, (mechanical sink grinders), sewage disposal pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
   PUBLIC AUTHORITY. Any officer who is in charge of any department or branch of the government of the City of Carthage or person, county, or the State of North Carolina relating to health, fire, building regulations or other activities concerning dwellings in the city.
   ROOMING HOUSE. Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to four or more persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner of operator.
   ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes.
   RUBBISH. Non-food waste materials. The term shall include items such as: paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral, glass and dust.
   SUPPLIED. Paid for, furnished, or provided by, or under the control of, the owner or operator.
   TEMPORARY FAMILY HEALTH CARE STRUCTURE. A transportable residential structure as authorized by G.S. § 160A-383.5, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that is:
      (1)   Primarily assembled at a location other than its site of installation;
      (2)   Is limited to one occupant who shall be the mentally or physically impaired person;
      (3)   Has no more than 300 gross square feet; and
      (4)   Complies with applicable provisions of the State Building Code and G.S. § 143-139.1(b). These structures are deemed to be permitted accessory structures by state law.
   TEMPORARY HOUSING. Any tent, trailer or other structure used for human shelter, which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities on the same premises for more than 30 consecutive days.
   UNFIT FOR HUMAN HABITATION. Conditions exist in a dwelling, dwelling unit, rooming house, or rooming unit which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this chapter.
   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.
   WORDS HAVING CERTAIN MEANING. Whenever the words “dwelling, dwelling unit, rooming house, rooming unit, or premises” are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof.”
(Ord. passed 12-12-17)
§ 151.11  CHAPTER SUPPLEMENTAL; ALTERNATIVE REMEDIES.
   This chapter shall not be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this chapter by criminal process as authorized by G.S. § 14-4 or to enforce this chapter by civil action pursuant to G.S. § 160A-175. The enforcement of any remedy provided in this chapter shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.
(Ord. passed 12-12-17)
ADMINISTRATION AND ENFORCEMENT
§ 151.20  DUTIES AND POWERS OF ENFORCING AGENT(S).
   (A)   The inspector is hereby designated as the officer to enforce the provisions of this chapter. It shall be the duty of the inspector to:
      (1)   Locate abandoned structures within the city and its extraterritorial jurisdiction and determine which structures are in violation of this chapter;
      (2)   Take such action pursuant to this chapter as may be necessary to provide for the repair, closing or demolition of such structures;
      (3)   Keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this chapter and to keep a record of the results of inspections made under this chapter and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed;
      (4)   Perform such other duties as may be prescribed in this chapter or assigned to him or her by the Roxboro City Council.
   (B)   The inspector is granted and permitted such powers as may be necessary to carry out the intent and the provisions of this chapter, including the following powers in addition to others granted in this chapter:
      (1)   To investigate the conditions of buildings within the city and its extraterritorial jurisdiction in order to determine which structures are abandoned and in violation of this chapter; and
      (2)   To obtain administrative search warrant(s) pursuant to G.S. § 15-27.2.
      (3)   To enter upon premises for the purpose of making inspections; and
      (4)   To administer oaths and affirmations, examine witnesses and receive evidence; and
      (5)   To designate such other officers, agents and employees of the city as he or she deems necessary to carry out the provisions of this chapter.
      (6)   To investigate the conditions, and to inspect dwellings and dwelling units located in the City of Carthage, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this chapter with respect to such dwellings and dwelling units;
      (7)   To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;
(Ord. passed 12-12-17)
§ 151.21  PRELIMINARY INVESTIGATION; ISSUANCE OF COMPLAINT; HEARING.
   Whenever the inspector finds any building or structure or portion thereof to be hazardous to the health, safety and welfare of the residents of the city as defined in in this chapter, or if a petition is filed with the office of the inspector by at least five residents of the city charging that any structure exists in violation of this chapter, or whenever it appears to the inspector, upon inspection, that any structure exists in violation hereof, he shall, if his preliminary investigation disclosed a basis for such charges, issue and cause to be served upon the owner of and parties-in-interest in such structure a complaint. Such complaint shall state the charges and contain a notice that a hearing will be held before the inspector at the location of the property subject to the complaint, or at another location within the city limits not less than ten days nor more than 30 days after the serving of the complaint. The owner or any party-in-interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall be not controlling in these hearings.
(Ord. passed 12-12-17)
§ 151.22  METHODS OF SERVICE OF COMPLAINTS AND ORDERS.
   (A)   Complaints or orders issued by the inspector pursuant to this chapter shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the complaint or order will also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.
   (B)   If the whereabouts of such persons are unknown and cannot be ascertained by the inspector in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by registered or certified mail, and the inspector shall make an affidavit to that effect, and the serving of such complaint, ordinance or order upon such person may be made by publication in a newspaper having general circulation in the city at least once, no later than the time at which personal service is required. 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.
   (C)   That whenever a determination is made pursuant to § 151.23 of this chapter that a dwelling must be vacated and closed, or removed or demolished, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the inspector, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The inspector or City Clerk shall certify the mailing of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the inspector to wait 45 days before causing removal or demolition.
(Ord. passed 12-12-17)
§ 151.23  DETERMINATION, ISSUANCE OF ORDER AFTER HEARING.
   (A)   Determination for dwellings. After such notice and hearing as provided in § 151.21, if the inspector finds that the dwelling under consideration is unfit for human habitation he or she shall state in writing his/her findings of fact in support of that determination.  The inspector shall issue and cause to be served upon the owner thereof an order to repair, alter and improve such structure or remove or demolish the same within a specified period of time not to exceed 60 days.
   (B)   Determination for all other buildings and structures. If, after notice and hearing, the inspector determines that the non-residential 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 by this chapter, the inspector 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.
   (C)   Limitations on order.
      (1)   If the repair, alteration or improvement of the dwelling or abandoned structure can be made at a cost of no more than 50% of the value of the dwelling or building as determined and published most recently by the Person County Tax Assessor, the order may require the owner, within the time specified, to repair, alter or improve the building, structure or dwelling in order to render it fit for human habitation or, in the case of non-residential buildings to bring it into compliance with the standards of this chapter within 90 days. The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the property; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under § 151.25 or
      (2)   (a)   If the repair, alteration or improvement of the dwelling, building or structure cannot be made at a cost of less than fifty per cent of the value of the dwelling or building as determined and published most recently by the Person County Tax Assessor, the order may require the owner, within the time specified, to remove or demolish the structure or dwelling within 90 days.
         (b)   Historic exception. However, notwithstanding any other provision of law and this chapter, if the building, structure or dwelling is located in the Historic Landmarks and Preservation Overlay district and the Historic Preservation Commission (if any) determines, after a public hearing as provided by ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with state law.
      (3)   General exception for vacant manufacturing or industrial facilities. An order may not require repairs, alterations, or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to preserve the original use. The order may require such building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use.
(Ord. passed 12-12-17)
§ 151.24  FAILURE TO COMPLY WITH ORDER; COUNCIL MAY CONSIDER ORDINANCE ENFORCING ORDER.
   (A)   Remedy. If the owner of any unsafe, unfit or abandoned dwelling, building structure as defined in this chapter shall fail to comply with an order of the inspector to repair, alter, or improve, vacate and close the same within the time specified therein, the inspector may either request an emergency meeting with the City Council or place the matter on the agenda of the next scheduled Council meeting. At the meeting the Council may consider an ordinance finding that failure to comply with the order jeopardized the public health safety and welfare of the general public and/or the occupants of the building structure or dwelling. If the Council finds that the public or occupant's health and safety are jeopardized, the Council shall adopt an chapter:
      (1)   Describing the property;
      (2)   Listing the Council's findings;
      (3)   Directing that the chapter be recorded in the person county registry and indexed in the grantor index in the name of the property owner(s); and
      (4)   Directing that the inspector cause the building or dwelling to be repaired, altered and repaired or vacated and closed. If the building or dwelling is to be closed the ordinance will direct the inspector to post the property with a placard reading:
         (a)   For non-residential buildings. “This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful;” or
         (b)   For dwellings. “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.”
   (B)   Any person who occupies or knowingly allows the occupancy of a non-residential building or structure so posted shall be guilty of a Class 3 misdemeanor. Any person who occupies or knowingly allows the occupancy of a dwelling so posted shall be guilty of a Class 1 misdemeanor.
   (C)   Further in rem remedy - demolition. If the City Council has adopted an ordinance ordering a dwelling to be repaired, vacated or closed under § 151.24(A), and if the owner fails to comply with that chapter in regard to a residence in one year or a two years in the case of non-residential buildings or structures, the Council may consider another ordinance if the Council finds that: the owner has abandoned the intent and purpose to repair, alter or improve the building, structure or dwelling in order to render it fit for human habitation or, for non-residential buildings, to have abandoned the intention to repair and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of Carthage in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in the city. Any chapter enacted shall set forth the following:
      (1)   If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the building, structure or dwelling within 90 days; or
      (2)   If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50% of the then current value of the dwelling, the chapter shall require the owner to demolish and remove the building, structure or dwelling within 90 days.
      (3)   Any ordinance so adopted shall be served on the owner of the property and recorded in the Person County Office of the Register of Deeds and shall be indexed in the name of the property owner in the grantor index.
      (4)   If the owner fails to comply with this ordinance, the inspector shall effectuate the purpose of the chapter.
(Ord. passed 12-12-17)
§ 151.25  REMEDIES; APPEAL BY OWNER TO SUPERIOR COURT.
   (A)   The City Council shall also hear any appeals from any decision or order of the inspector.
   (B)   An appeal from any decision or order of the inspector may be taken to the Council by any person aggrieved thereby or by any officer, Council or Commission of the city. Any appeal from the inspector shall be taken within ten days from the rendering of the decision or service of the order by filing with the Office of the Inspector, a notice of appeal to the Council which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the inspector shall forthwith transmit to the Council all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When any appeal is from a decision of the inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Council, unless the inspector certifies to the Council, after the notice of appeal is filed with him, that because of facts stated in the certificate (a copy of which shall be furnished the person making the appeal), a suspension of his requirement would cause imminent peril to life or property. In that case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day's written notice to the inspector by the Council, or by a court of record upon petition made pursuant to division (F) of this section.
   (C)   The Council shall fix a reasonable time for hearing appeals, shall give due notice to the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Council may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision and order that in its opinion ought to be made in the matter, and to that end it shall have all the powers of the inspector. The Council shall have power also in passing upon appeals, when practical difficulties or unnecessary hardships would result from carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
   (D)   Every decision of the Council shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Council, but not otherwise.
   (E)   Any person aggrieved by an order issued by the inspector or a decision rendered by the Council may petition the superior court for an injunction restraining the inspector city from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the inspector pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. It shall not be necessary to file bond in any amount before obtaining a temporary injunction under this section.
   (F)   If any building, structure or dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of this chapter or any valid order or decision of the inspector or Council made pursuant to any ordinance or code adopted under authority of this ordinance or the general statutes, the inspector or Council may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate the violation, to prevent the occupancy of the building, structure or dwelling, or to prevent any illegal act, conduct or use in or about the premises.
(Ord. passed 12-12-17)
§ 151.26  SUMMARY EJECTMENT IF OCCUPANTS FAIL TO OBEY ORDER OR ORDINANCE TO VACATE.
   (A)   Notice before ejectment from dwellings only. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this section unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the Council has ordered the inspector to proceed to exercise his duties under § 151.24 of this chapter to vacate and close or remove and demolish the dwelling.
   (B)   Ejectment procedure for residential and non-residential buildings and structures. If any occupant fails to comply with an order to vacate a dwelling, the inspector may file a civil action in the name of the city to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying such dwelling. The Clerk of Superior Court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date and place not to exceed ten days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. § 42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if at the hearing the inspector produces a certified copy of an ordinance adopted by the governing body pursuant to § 151.24 authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. § 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G.S. § 7A-228, and the execution of such judgment may be stayed as provided in G.S. § 7A-227.
(Ord. passed 12-12-17)
§ 151.27  EMERGENCY ENFORCEMENT.
   The decision of the inspector pursuant to this chapter shall be final in cases of emergency, which, in his opinion, involve imminent danger to human life or health. The inspector shall promptly cause such building, structure or portion thereof to be made safe or abated. For this purpose, the inspector may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as he may deem necessary. The inspector may vacate adjacent structures and protect the public by appropriate fences or such other means as may be necessary, and for this purpose, may close a public or private way.
(Ord. passed 12-12-17)
§ 151.28  COLLECTION OF COSTS.
   (A)   The expense of the action shall be paid by the person in default. If the expense is not paid, it is a lien on the land or premises where the nuisance occurred. A lien established pursuant to this division shall have the same priority and be collected as unpaid ad valorem taxes.
   (B)   Liens on residential and non-residential buildings. The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the inspector shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Ch. 160A, Article 10.
   (C)   Additional lien created in actions about residential buildings. Where the original action was brought against a dwelling(s), the expense of the action is also a lien on any other real property owned by the person in default within the city limits or within one mile of the city limits, except for the person's primary residence. A lien established pursuant to this division is inferior to all prior liens and shall be collected as money judgment. This subsection shall not apply if the person in default can show that the nuisance was created solely by the actions of another. (See G.S. § 160A-193.)
   (D)   The inspector will notify the City Attorney to write a notice of lien and cause it to be recorded in the county registry and/or judgments.
   (E)   Cost recovery in the case of actions against non-residential buildings. If the dwelling is removed or demolished by the inspector, shall sell the materials of the dwelling, and any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the inspector, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.
(Ord. passed 12-12-17)
MINIMUM STANDARDS
§ 151.40  INTERNATIONAL PROPERTY MAINTENANCE CODE-CERTAIN CHAPTERS AND INDEX ADOPTED AS MINIMUM STANDARDS.
   (A)   The following chapters and index of the 2015 International Property Maintenance Code, as copyrighted by the International Code Council, Inc. shall be applicable to those buildings and structures, residential and non-residential, as if fully set forth in this article, with any additions, insertions, deletions and changes, if any, prescribed in this division.
      (1)   Chapter 3 General Requirements;
      (2)   Chapter 4 Light, Ventilation and Occupancy Limitations;
      (3)   Chapter 5 Plumbing Facilities and Fixture Requirements;
      (4)   Chapter 6 Mechanical and Electrical Requirements;
      (5)   Chapter 7 Fire Safety Requirements;
      (6)   Chapter 8 Referenced Standards; and
      (7)   Index.
   (B)   Amendments to the International Property Maintenance Code which are adopted and published by the International Code Council, Inc., from time to time, shall be effective as to this Ordinance 105 on the effective date prescribed by the International Code Council, Inc.
(Ord. passed 12-12-17)
§ 151.99  PENALTIES AND FEES.
   (A)   Civil citations. If the violation continues after the deadline to correct a violation established after the violation hearing by the order requiring removal or correction of a violation, and no appeal has been filed with the office of the inspector, then the inspector may issue a civil citation with a fine in an initial amount of $100 against the violator. Thereafter, upon issuing a second civil citation that each day the violation continues is an additional separate and distinct offense and that additional citations with additional fines of $100 shall apply each day the violation continues. Any unpaid citations and delinquency charges shall be cumulative and shall be recovered in a civil action in the nature of debt as well as any attorney fees incurred by the city incident thereto.
   (B)   Criminal citations. If the violation continues after the deadline to correct a violation established after the violation hearing by the order requiring removal or correction of a violation, and no appeal has been filed with the office of the inspector, then the Police may issue a criminal citation with a fine of up to $500 against the violator.
   (C)   Multiple notices not required. A hearing is not required for issuance of consequent civil citations with fines after the issuance of the first citation. This ordinance may be enforced by the simultaneous issuance of both civil citation(s) and a criminal citation, in addition to any other remedies provided in this chapter. See G.S. §§ 160A-175 and 160A-193.
(Ord. passed 12-12-17)
CHAPTER 152:  RESERVED
CHAPTER 153:  FLOOD DAMAGE PREVENTION
Section
   153.01   Adoption by reference
§ 153.01  ADOPTION BY REFERENCE.
   The flood damage prevention ordinance, copies of which are on file in the office of the City Clerk, is adopted and incorporated as part of this code of ordinances as fully as if set out at length herein.
(Ord. passed 6-9-98; Am. Ord. passed 5-10-07)
CHAPTER 154:  RESERVED
CHAPTER 155:  SUBDIVISION REGULATIONS
Section
   155.01   Adoption by reference
§ 155.01  ADOPTION BY REFERENCE.
   The subdivision regulations ordinance, copies of which are on file in the office of the City Clerk, is adopted and incorporated as part of this code of ordinances as fully as if set out at length herein.
(Ord. passed 8-13-64; Am. Ord. passed 10-15-85; Am. Ord. passed 1-14-86; Am. Ord. passed 11-13-90)
CHAPTER 156:  ZONING CODE
Section
   156.01   Adoption by reference
§ 156.01  ADOPTION BY REFERENCE.
   The zoning ordinance, copies of which are on file in the office of the City Clerk, is adopted and incorporated as part of this code of ordinances as fully as if set out at length herein.
(Ord. passed 8-13-64; Ord. passed 2-13-01)
CHAPTER 157:  RIPARIAN BUFFERS
Section
   157.01   Background
   157.02   Intent
   157.03   Definitions
   157.04   Applications
   157.05   Plan requirements
   157.06   Design standards for riparian buffers
   157.07   Buffer management and maintenance
   157.08   Enforcement procedures
   157.09   Waivers; variances
   157.10   Conflict with other regulations
§ 157.01  BACKGROUND.
   (A)   Buffers adjacent to stream systems and coastal areas provide numerous environmental protection and resource management benefits which can include the following:
      (1)   Restoring and maintaining the chemical, physical and biological integrity of the water resources;
      (2)   Removing pollutants delivered in urban stormwater;
      (3)   Reducing erosion and controlling sedimentation;
      (4)   Stabilizing stream banks;
      (5)   Providing infiltration of stormwater runoff;
      (6)   Maintaining base flow of streams; and
      (7)   Providing riparian wildlife habitat.
   (B)   It is the desire of the City Public Services Department to protect and maintain the native vegetation in riparian and wetland areas by implementing specifications for the establishment, protection and maintenance of vegetated buffers along all stream systems and within the city's jurisdictional authority.
(Ord. passed 8-13-03)
§ 157.02  INTENT.
   The purpose of this chapter is to establish minimal acceptable requirements for the riparian buffers to protect the streams, wetlands and floodplains of the city; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within the city; to protect the city's riparian and aquatic ecosystems; and to provide for the environmentally sound use of city land resources.
(Ord. passed 8-13-03)
§ 157.03  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACTIVE CHANNEL.   The area of the stream channel that is subject to continuous flows and that includes the portion of the channel below where the floodplain flattens.
   BEST MANAGEMENT PRACTICES (BMPS). Conservation practices or management measures which control soil loss and reduce water quality degradation caused by nutrients, animal wastes, toxins, sediment and runoff.
   BUFFER.   A vegetated area, including trees, shrubs and herbaceous vegetation, which exists or is established to protect a stream system, lake and reservoir.  Alteration of this natural area is strictly limited.
   DEVELOPMENT.   The improvement of property for any purpose involving building;  subdivision or the division of a tract or parcel of land into two or more parcels; the combination of any two or more lots, tracts or parcels of property for any purpose; the preparation of land for any of the above purposes.
   NON-POINT SOURCE POLLUTION.   Pollution which is generated by various land use activities rather than from an identifiable or discrete source and is conveyed to waterways through natural processes, such as rainfall, storm runoff or ground water seepage rather than direct discharge.
   100-YEAR FLOODPLAIN.   The area of land adjacent to a stream that is subject to inundation during a storm event that has a recurrence interval of 100 years as delineated by flood maps.
   POLLUTION.   Any contamination or alteration of the physical, chemical, or biological properties of any waters that will render the waters harmful or detrimental to: public health, safety or welfare; domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses.
   STREAM CHANNEL.   Part of a water course either naturally or artificially created which contains a perennial base flow of groundwater origin.  Base flows of groundwater origin can be distinguished by any of the following physical indicators:
      (1)   Hydrophytic vegetation, hydric soil or other hydrologic indicators in the area(s) where groundwater enters the stream channel, in the vicinity of the stream headwaters, channel bed or channel banks;
      (2)   Flowing water not directly related to a storm event; or
      (3)   Historical records of a local high groundwater table, such as well and stream gauge records.
   STREAM ORDER.   A classification system for streams based on stream hierarchy.  The smaller the stream, the lower its numerical classification.  For example, a first order stream does not have tributaries and normally originates from springs and/or seeps.  At the confluence of two first order streams, a second order stream begins, and so on.
   STREAM SYSTEM.   A stream channel together with the 100-year floodplain.
   STREAMS. Perennial and intermittent watercourses identified through site inspection and USGS maps.  Perennial STREAMS are those which are depicted on a USGS 7.5 minute maps with a solid blue line.  Intermittent STREAMS are those which are depicted on a USGS 7.5 minute maps with a dotted blue line.
   WATER POLLUTION HAZARD.   A land use or activity that causes a relatively high risk of potential water pollution.
(Ord. passed 8-13-03)
§ 157.04  APPLICATIONS.
   (A)   This chapter shall apply to all proposed development adjacent to all streams, lakes, ponds and water bodies shown on the current USGS 7.5 minute maps except for that development, which meets waiver or variance criteria as outlined in § 157.09.
   (B)   This chapter shall apply to all timber harvesting activities, except those timber harvesting operations which are implementing a forest management plan which has been deemed to be in compliance with the regulations of this chapter and has received approval from the State of North Carolina.
   (C)   This chapter shall apply to all surface mining operations except that the design standards shall not apply to active surface mining operations which are operating in compliance with an approved State of North Carolina surface mining permit.
   (D)   This chapter shall not apply to agricultural operations that are covered by an approved NRCS conservation plan that includes the application of best management practices.
(Ord. passed 8-13-03)
§ 157.05  PLAN REQUIREMENTS.
   (A)   In accordance with § 157.04, a plan approved by the appropriate agency is required for all development, forest harvesting operations, surface mining operations and agricultural operations.
   (B)   The plan shall set forth an informative, conceptual and schematic representation of the proposed activity by means of maps using a scale of one inch to 100 feet, graphs, charts or other written or drawn documents so as to enable the agency an opportunity to make a reasonably informed decision regarding the proposed activity.
   (C)   The plan shall contain the following information:
      (1)   A location or vicinity map;
      (2)   Field delineated and surveyed streams, springs, seeps, bodies of water and wetlands (including a minimum of 200 feet into adjacent properties);
      (3)   Field delineated and surveyed forest buffers;
      (4)   Limits of the ultimate 100-year floodplain;
      (5)   Hydric soils mapped in accordance with the NRCS soil survey of the site area; and
      (6)   Steep slopes greater than 15% for areas adjacent to and within 100 feet of streams, wetlands or other water bodies.
   (D)   The buffer plan shall be submitted to the City Public Services Director in conjunction with the required grading plan for any development and the riparian buffer should be clearly delineated on the final grading plan.
(Ord. passed 8-13-03)
§ 157.06  DESIGN STANDARDS FOR RIPARIAN BUFFERS.
   (A)   A riparian buffer for a stream system shall consist of a forested strip of land extending along both sides of a stream and its adjacent wetlands, floodplains or slopes.  The riparian buffer width shall be adjusted to include contiguous sensitive areas, such as steep slopes or erodible soils, where development or disturbance may adversely affect water quality, streams, wetlands or other water bodies.
   (B)   The riparian buffer shall begin at the edge of the stream bank of the active channel.
   (C)   (1)   The required width for all riparian buffers (i.e., the base width) shall be a minimum of 50 feet, with the requirement to expand the buffer depending on:
         (a)   Stream order;
         (b)   Percent slope;
         (c)   100-year floodplain; and
         (d)   Wetlands or critical areas.
      (2)   Minimum riparian buffers shall be as follows:
 
Minimum Riparian Buffer
Description
50 feet
Stream order 1 through 3, slope zero through 5%, 100-year floodplain and wetlands or critical areas
65 feet
Stream order 4 through 10, slope 6 through 25%
75 feet
Stream order greater than 11, greater than 26%
Greater than 75
Based on site conditions
 
   (D)   The following land uses and/or activities are designated as potential water pollution hazards and must be set back from the edge of the stream bank of the active channel by the distance indicated below:
      (1)   Storage of hazardous substances:  150 feet;
      (2)   Drain fields from on-site sewage disposal and treatment system (i.e., septic systems):  100 feet;
      (3)   Raised septic systems:  50 feet;
      (4)   Solid waste landfills or junkyards:  200 feet;
      (5)   Confined animal feedlot operations:  250 feet;
      (6)   Treatment plant:  100 feet; and
      (7)   Land application of bio-solids:  100 feet.
   (E)   The riparian buffer shall be composed of two distinct zones, with each zone having its own set of allowable uses and vegetative targets as specified in this chapter.
      (1)   Zone 1:  Streamside zone.
         (a)   The function of the streamside zone is to protect the physical and ecological integrity of the stream ecosystem.
         (b)   The streamside zone will begin at the edge of the stream bank of the active channel and extend a minimum of 30 feet from the top of the bank.
         (c)   Allowable uses within this zone are highly restricted to:
            1.   Flood control structures;
            2.   Utility rights-of-way perpen-dicular to stream;
            3.   Footpaths only, if feasible; and
            4.   Road crossings, where per-mitted.
         (d)   The vegetative target for the streamside zone is to be forested.
      (2)   Zone 2:  Outer zone.
         (a)   The function of the outer zone is to prevent encroachment into the forest buffer and to filter runoff from residential and commercial development.
         (b)   The outer zone will begin at the landward edge of the zone l and provide a minimum width of 20 feet between zone 1 and the nearest permanent structure.
         (c)   There shall be no septic systems, permanent structures or impervious cover, with the exception of paths, within the outer zone.
         (d)   The vegetative target for the outer zone shall be native shrubs for inner ten feet and outer ten feet shall be native shrubs or grass, although the planting of native vegetation should be encouraged to increase the total width of the buffer.
(Ord. passed 8-13-03)
§ 157.07  BUFFER MANAGEMENT AND MAINTENANCE.
   (A)   The riparian buffer, including wetlands and floodplains, shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are restricted within zone 1 of the riparian buffer, except with approval by Public Services Director:
      (1)   Clearing of existing vegetation;
      (2)   Soil disturbance by grading, stripping or other practices;
      (3)   Filling or dumping;
      (4)   Drainage by ditching, underdrains or other systems;
      (5)   Use, storage or application of pesticides, except for the spot spraying of noxious weeds or non-native species consistent with recommendations of the State Forestry Service;
      (6)   Housing, grazing or other maintenance of livestock; and
      (7)   Storage or operation of motorized vehicles, except for maintenance and emergency use approved by the Public Services Director.
   (B)   The following structures, practices and activities are permitted in the riparian buffer, with specific design or maintenance features, subject to the review of the Public Services Director:
      (1)   Crossings, bridges, paths and utilities:
         (a)   An analysis shall be conducted to ensure that no economically feasible alternative is available;
         (b)   The right-of-way shall be the minimum width needed to allow for maintenance access and installation;
         (c)   The angle of the crossing shall be perpendicular to the stream or buffer in order to minimize clearing requirements; and
         (d)   The minimum number of crossings should be used within each subdivision and no more than one crossing is allowed for every 500 feet of buffer.
      (2)   Stormwater management:
         (a)   An analysis shall be conducted to ensure that no economically feasible alternative is available and that the project is either necessary for flood control or significantly improves the water quality or habitat in the stream;
         (b)   In new developments, on-site and structural alternatives will be preferred over larger facilities within the stream buffer;
         (c)   When constructing stormwater management facilities (i.e., BMPs), the area cleared will be limited to the area required for construction, and adequate maintenance access, as outlined in the most recent edition of North Carolina State Standard Manual; and
         (d)   Material dredged or otherwise removed from a BMP shall be stored outside the buffer.
      (3)   Stream restoration projects, facilities and activities approved by the State of North Carolina are permitted within the riparian buffer.
      (4)   Water quality monitoring and stream gauging are permitted within the riparian buffer, as approved by the State of North Carolina.
      (5)   Individual trees within the riparian buffer may be removed which are in danger of falling, causing damage to dwellings or other structures or causing blockage of the stream.
      (6)   Other timber-cutting techniques approved by the Public Services Director may be undertaken within the riparian buffer under the advice and guidance of State and/or Federal Forestry Agency, only if necessary to preserve the forest from extensive pest infestation, disease infestation or threat from fire.
   (C)   All plats prepared for recording and all right-of-way plats shall clearly:
      (1)   Show the extent of any riparian buffer on the subject property by metes and bounds;
      (2)   Label the riparian buffer;
      (3)   Provide a note to reference any riparian buffer stating:  "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the City of Roxboro's Public Services Director;" and
      (4)   Provide a note to reference any protective covenants governing all riparian buffers areas stating: "Any riparian buffer shown hereon is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas."
   (D)   All riparian buffer areas shall be maintained through a declaration of protective covenant, which is required to be submitted for approval by Public Services Director.  The covenant shall be recorded in the land records and shall run with the land and continue in perpetuity.
   (E)   All lease agreements must contain a notation regarding the presence and location of protective covenants for forest buffer areas and which shall contain information on the management and maintenance requirements for the riparian buffer for the new property owner.
   (F)   An offer of dedication of a riparian buffer area to the Public Services Director shall not be interpreted to mean that this automatically conveys to the general public the right of access to this area.
   (G)   The city shall inspect the buffer annually and immediately following severe storms for evidence of sediment deposition, erosion or concentrated flow channels and corrective actions taken to ensure the integrity and functions of the riparian buffer.
   (H)   Riparian buffer areas may be allowed to grow into their vegetative target state naturally but methods to enhance the successional process such as active reforestation may be used when deemed necessary by the Public Services Director to ensure the preservation and propagation of the buffer area. Riparian buffer areas may also be enhanced through reforestation or other growth techniques as a form of mitigation for achieving buffer preservation requirements.
(Ord. passed 8-13-03)
§ 157.08  ENFORCEMENT PROCEDURES.
   (A)   The Public Services Director is authorized and empowered to enforce the requirements of this chapter in accordance with the procedures of this section.
   (B)   If, upon inspection or investigation, the Director or his or her designee is of the opinion that any person has violated any provision of this chapter, he or she shall with reasonable promptness issue a correction notice to the person.  Each such notice shall be in writing and shall describe the nature of the violation, including a reference to the provision within this chapter which has been violated.  In addition, the notice shall set a reasonable time for the abatement and correction of the violation.
   (C)   If it is determined that the violation or violations continue after the time fixed for abatement and correction has expired, the Director shall issue a citation by certified mail to the person who is in violation.  Each such notice shall be in writing and shall describe the nature of the violation, including a reference to the provision within this chapter which has been violated and what penalty, if any, is proposed to be assessed.  The person charged has 30 days within which to contest the citation or proposed assessment of penalty and to file a request for a hearing with the Director or his or her designee.  At the conclusion of this hearing, the Director or his or her designee will issue a final order, subject to appeal to the appropriate authority.  If, within 30 days from the receipt of the citation issued by the Director, the person fails to contest the citation or proposed assessment of penalty, the citation or proposed assessment of penalty shall be deemed the final order of the Director.
   (D)   Any person who violates any provision of this chapter may be liable for any cost or expenses incurred as a result thereof by the city for replacement of damaged or disturbed vegetation. Additional penalties may be assessed under division (E) of this section.
   (E)   Penalties which may be assessed for those deemed to be in violation may include:
      (1)   A civil penalty not to exceed $500 for each violation with each day's continuance considered a separate violation;
      (2)   A criminal penalty in the form of a fine of not more than $500 for each violation or imprisonment for not more than 90 days or both. Every day that such violations shall continue will be considered a separate offense; and
      (3)   Anyone who knowingly makes any false statements in any application, record, plat or plan required by this chapter shall upon conviction be punished by a fine of not more than $500 for each violation or imprisonment for not more than 30 days or both.
   (F)   In addition to any other sanctions listed in this chapter, a person who fails to comply with the provisions of this chapter shall be liable to the city in a civil action for damages in an amount equal to twice the cost of restoring the buffer.  Damages that are recovered in accordance with this action shall be usedfor the restoration of buffer systems or for the administration of programs for the protection and restoration of water quality, streams, wetlands and floodplains.
(Ord. passed 8-13-03)
§ 157.09  WAIVERS; VARIANCES.
   (A)   This chapter shall apply to all proposed development except for that development which, prior to the effective date of this chapter:
      (1)   Is covered by a valid, unexpired plat in accordance with development regulations;
      (2)   Is covered by a current, executed public works agreement;
      (3)   Is covered by a valid, unexpired building permit;
      (4)   Has been accepted to apply for a building permit; or
      (5)   Has been granted a waiver in accordance with current development regulations.
   (B)   The Public Services Director may grant a variance for the following:
      (1)   Those projects or activities where it can be demonstrated that strict compliance with the chapter would result in practical difficulty or financial hardship;
      (2)   Those projects or activities serving a public need where no feasible alternative is available;
      (3)   The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to non-tidal wetlands and associated aquatic ecosystems have been addressed; or
      (4)   For those developments which have had buffers applied in conformance with previously issued requirements.
   (C)   (1)   Waivers for development may also be granted by the following condition, if deemed appropriate by the Director:
      (2)   The buffer width may be relaxed and the buffer permitted to become narrower at some points as long as the average width of the buffer meets the minimum requirement. This averaging of the buffer may be used to allow for the presence of an existing structure or to recover a lost lot, as long as the streamside zone (zone 1) is not disturbed by the narrowing and no new structures are built within the 100-year floodplain.
   (D)   The applicant shall submit a written request for a variance to the Public Services Director.  The application shall include specific reasons justifying the variance and any other information necessary to evaluate the proposed variance request.  The agency may require an alternatives analysis that clearly demonstrates that no other feasible alternatives exist and that minimal impact will occur as a result of the project or development.
   (E)   In granting a request for a variance, the Public Services Director may require site design, landscape planting, fencing, the placement of signs and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, wetlands, and floodplains.
(Ord. passed 8-13-03)
§ 157.10  CONFLICT WITH OTHER REGULATIONS.
   Where the standards and management requirements of this chapter are in conflict with other laws, regulations and policies regarding streams, steep slopes, erodible soils, wetlands, floodplains, timber harvesting, land disturbance activities or other environmental protective measures, the more restrictive shall apply.
(Ord. passed 8-13-03)
CHAPTER 158:  RESERVED
CHAPTER 159:  RENTAL DWELLING REGISTRATION SERVICES PROGRAM
Section
   159.01   Purpose and authority
   159.02   Definitions
   159.03   Registration requirements
   159.04   Owner’s and responsible local agent’s duties
 
   159.99   Penalty
§ 159.01  PURPOSE AND AUTHORITY.
   The City of Roxboro recognizes the need for a rental dwelling registration services program, which will help ensure that all rental dwellings within the City comply with all City ordinances and rules, including but not limited to, the Building Regulations, the Minimum Housing Code, the Zoning Code, and various other fire and safety ordinances. The registration program shall be used as a tool for contacting both absentee and local landlords when it is necessary to compel them to repair or otherwise correct violations of city ordinances and rules. Further, the revenue generated by the privilege tax established as a part of this program shall be generally used to assist the city in its code enforcement efforts. The city has adopted this program pursuant to the authority conferred to it under G.S. §§ 160A-174; 160A-194; 160A-211 and Chapter 160A, Article 19, Part 6, “Minimum Housing Standards.”
(Ord. passed 3-19-07)
§ 159.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DWELLINGS.  A building or portion of a building designated or used for housekeeping purposes.
   OWNER. The legal titleholder of a rental dwelling. For the purposes of this chapter, OWNER does not include mortgagees or holders of liens on the premises or any real property contained therein.
   OWNER-OCCUPIED RENTAL DWELLING. A rental dwelling that is occupied in whole or in part by an individual who is the legal owner of the rental dwelling.
   PREMISES. A lot, plot or parcel of land, including the buildings or structures thereon, which also includes dwellings.
   RENTAL DWELLING. A dwelling which is leased or rented from the owner, either directly or through an agent, to any tenant, whether by day, week, month, year or any other term. For the purposes of this chapter, a rental dwelling does not include hotel rooms, motel rooms, dormitory rooms, medical or long term care facilities, bed and breakfast establishments and rental dwellings owned and administered by the Roxboro Housing Authority. Rental dwellings also do not include any dwelling that is let by an owner to a tenant free of all charges, including utility fees, for the entire time a tenant occupies the dwelling.
   RESPONSIBLE LOCAL AGENT.  A natural person, or business entity with sufficient authority and capacity to act as required by this chapter, having his or her place of residence or business office in Person County and designated by the owner as the agent responsible for operating such property in compliance with the ordinances adopted by the city.
   TENANT. Any individual who has the temporary use of a rental dwelling owned by another person in subordination to that other person’s title and with that other person’s consent.
(Ord. passed 3-19-07)
§ 159.03  REGISTRATION REQUIREMENTS.
   (A)   Requirement.  No person shall lease, rent, occupy, or otherwise allow a rental dwelling within the city to be occupied, unless the owner, or responsible local agent, of the rental dwelling has registered the rental dwelling by completing and filing a current registration form with the Planning and Development Department, as provided in this chapter.
   (B)   Registration form and power of attorney. Registration shall be made upon forms furnished by the Planning and Development Department and shall require at a minimum the following information:
      (1)   The street address and Person County PIN or TMBL number for the premises of each rental unit;
      (2)   The number and type of rental dwellings (i.e. single-family dwellings, two-family dwellings, or multiple-family dwellings) on the premises at each street address;
      (3)   The name, home or business mailing address, home or business telephone number, and, when available, the e-mail address, mobile telephone number, and facsimile number of all owners of the rental dwelling(s);
      (4)   The name, home or business mailing address, home or business telephone number, and, when available, the e-mail address, mobile telephone number, and facsimile number of the responsible local agent designated by the owner. If the owner has more than one responsible local agent, the registration form shall make clear for which rental dwellings each agent is responsible;
      (5)   The maximum number of tenants permitted for each rental dwelling;
      (6)   The name, mailing address and telephone number of all persons or businesses who hold a mortgage or lien on the rental dwelling or the premises on which the rental dwelling is located;
      (7)   The signature of the owner(s) or, where the owner is a business entity, the appropriate executive signatures; and
      (8)   The signature of the responsible local agent.
      (9)   When the responsible local agent is someone other than the owner, a valid power of attorney shall be included with the registration form that, at a minimum, authorizes the responsible local agent to act on the behalf of the owner to do the following:
         (a)   Enter the premises and rental dwelling, with or without city staff;
         (b)   Make any repairs to the rental dwelling that are required by the city ordinances or rules or pursuant to an order from city staff;
         (c)   Appear on behalf of the owner at any hearings conducted by the city and pertaining to the rental dwelling;
         (d)   Accept all notices or service of process with respect to the rental dwelling; and
         (e)   Make any other decisions or perform any other acts necessary to ensure that the rental dwelling complies with all city ordinances and rules.
   An owner of more than one rental dwelling may submit a single registration for all rental dwellings, provided that the registration lists all requested information for every rental dwelling owned by the owner. An owner of more than one rental dwelling need not submit more than one power of attorney, unless the owner has different responsible local agents for different rental dwellings. In that case, a valid power of attorney shall be submitted for each responsible local agent.
   (C)   Accurate and complete information.  All information provided on the registration form shall be accurate and complete. No person shall provide inaccurate information for the registration of a rental unit, or fail to provide the information required for such registration.
   (D)   Initial registration and updated registrations.  The initial registration for all rental dwellings shall be filed with the Planning and Development Department by November 30, 2007. Thereafter, an owner need not reregister unless one of the following occurs:
      (1)   The ownership of any rental dwelling changes;
      (2)   The responsible agent for any rental dwelling changes;
      (3)   The owner removes or adds rental dwellings to the rental market; or any other information required in the registration changes.
   When any one of these events occur, the rental dwelling owner, or responsible local agent, shall file either a new registration or an update to the existing registration with the Planning and Development Department within 30 days of the occurrence of the event. Such new registration or update shall clearly inform city staff that information provided pursuant to § 159.03(B) has changed and shall provide the new or corrected information. A new power of attorney must be filed only when the owner or responsible local agent for a rental dwelling changes or when any other event occurs that would limit the effectiveness of the existing power of attorney.
(Ord. passed 3-19-07)  Penalty, see § 159.99
§ 159.04  OWNER’S AND RESPONSIBLE LOCAL AGENT'S DUTIES.
   The rental dwelling owner or responsible local agent shall be responsible for all of the following:
   (A)   Operating the registered rental dwelling in compliance with all applicable city ordinances and rules, including but not limited to the city building regulations, the Minimum Housing Code and Zoning Code;
   (B)   Providing city staff access to the rental unit for the purpose of making any and all inspections necessary to ensure compliance with the applicable city ordinances and rules;
   (C)   Accepting all notices and services of process with respect to the rental dwelling.
(Ord. passed 3-19-07)
§ 159.99  PENALTY.
   (A)   A violation of any of the provisions of this chapter shall subject the owner and responsible local agent to a civil penalty of $100. Civil penalties shall be levied on a per-registration basis and not on a per-rental-dwelling basis.
   (B)   Each day that a violation continues shall constitute a separate offense.
   (C)   Before levying any civil penalty, the city must first provide written notice to the owner(s) and responsible local agent that a violation exists and provide 30 days from the date of the written notice for the owner or responsible local agent to correct the violation.
   (D)   The city may collect unpaid civil penalties in a civil action in the nature of debt.
   (E)   This chapter may be enforced by any appropriate equitable or other legal remedy permitted by law.
(Ord. passed 3-19-07)