CHAPTER 93: STANDARDS FOR NONRESIDENTIAL BUILDINGS AND PREMISES FITNESS
Section
   93.01   Purpose
   93.02   Findings; authority
   93.03   Scope; jurisdiction
   93.04   Definitions
   93.05   Duties and responsibilities
   93.06   Standards
   93.07   Procedures for enforcement
   93.08   Administration
§ 93.01 PURPOSE.
   (A)   The purpose of this chapter is to provide a just, equitable and practicable method whereby non-residential buildings and premises which from any cause, endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, diminish property values or detract excessively form he appropriate appearance of the area in which they are located, may be required to be repaired, closed, vacated or demolished.
   (B)   The North Carolina State Building Code, current edition, shall serve as the standard for all alterations, repairs, additions, removals, demolitions and other acts of building made or required pursuant to this chapter.
(Ord. passed 4-7-2015)
§ 93.02 FINDINGS; AUTHORITY.
   (A)   Pursuant to G.S. Chapter 160A-174, it is hereby found and declared that there exists in the town nonresidential buildings and premises which are unsafe and especially dangerous to life because of liability to fire or because of bad conditions of walls, overloaded floors, defective construction, decay, unsafe wiring or heating systems, inadequate means of egress and other causes.
   (B)   In addition, it is hereby found and declared, that there exists in the town nonresidential buildings and premises which, although not meeting the classification of unsafe and especially dangerous to life, fail to fully comply with all the minimum standards for nonresidential buildings and premises fitness as established herein and, therefore, have present one or more conditions which are inimical to the public health, safety and general welfare. Such conditions, if not corrected, can lead to deterioration and dilapidation of nonresidential buildings and premises which render them unsafe and especially dangerous to life.
(Ord. passed 4-7-2015)
§ 93.03 SCOPE; JURISDICTION.
   The provisions of this chapter shall apply to all existing nonresidential buildings and premises and to all nonresidential buildings and premises hereafter constructed within the town limits, as now or hereafter established.
(Ord. passed 4-7-2015)
§ 93.04 DEFINITIONS.
   For the purposes of this chapter certain words, terms, or phrases used herein are interpreted and defined as follows:
   (A)   Words used in the present tense shall include the future tense.
   (B)   Words used in the singular shall include the plural and words used in the plural shall include the singular.
   (C)   The words "shall" and "will" always indicate mandatory, the words "should" and "may" always indicate optional.
   (D)   The word "lot" includes the word "plot" and/or "parcel".
   (E)   The word "building" includes the word "structure".
   (F)   The word "person" includes a "firm, association, organization, partnership, trust, company, corporation and/or individual".
   (G)   The word "use" includes the terms "arranged, designed, and/or intended" for a use, activity and/or purpose.
   (H)   The term "Board of Adjustment" shall always indicate the Board of Adjustment of the town as created and appointed by the Town Council of said town.
   (I)   The term "Town Council" shall always indicate the Town Council.
      BUILDING. Any covered structure intended for shelter, housing or enclosure of persons, animals, facilities, equipment or chattels; the term "building" shall be construed to include the term "structure"; furthermore, it shall be construed as if followed by the term or part thereof.
      BUILDING, ACCESSORY. A detached subordinate building located on a lot, parcel or tract whose use is incidental to that of the principal building. A building cannot be considered accessory unless it accompanies a principal building on the same lot, parcel or tract.
      BUILDING, PRINCIPAL. A building in which the principal use of the lot, parcel or tract is conducted.
      BUILDING OF HISTORICAL VALUE. A building within the town which is listed on the Nation Register, or constituting special significance to the general citizenry of the town due to age, history, architectural design, human occurrence, culture and possessing integrity of design, setting, materials, feeling and association.
      BUILDING CODE. The North Carolina State Building Code.
      DETERIORATION. The condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, rusting, peeling paint, or other evidence of physical decay of loss of structural integrity.
      FIRE HAZARD (see also NUISANCE). Any thing or act which increases, or may cause an increase of, the hazard, likelihood or menace of fire to a greater degree than reasonable for the conduct of the nonresidential use on the premises, or which may unreasonably obstruct, delay, or hinder, or may unreasonably become the cause of an obstruction, a delay, a hazard or an unreasonable hindrance to the prevention, suppression or extinguishment of fire.
      GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
      INFESTATION. The haunting or overrunning by rats, snakes, birds, insects or other destructive vermin or animals that endanger the public health and safety.
      NONRESIDENTIAL BUILDING MAINTENANCE STANDARDS INSPECTOR. The person delegated as such by the Town Council. (Hereinafter referred to as "the inspector".)
      NUISANCE.
         (a)   Any public nuisance known as common law or in equity jurisprudence, or as provided by the statutes of the State of North Carolina, or the ordinances of the town;
         (b)   Any condition including an attractive nuisance which may prove detrimental to human health or safety whether in a building, on the premises of a building, or part of a building or upon an occupied lot;
         (c)   Physical conditions dangerous to human life or detrimental to health of persons in, on or near the premises where the condition exists;
         (d)   Unsanitary conditions or conditions that are dangerous to public health, well-being or the general welfare; or
         (e)   Fire hazard or other safety hazards.
      OCCUPANT. Any person who has charge, care or control of a nonresidential building and/or premises or a part thereof, whether with or without the knowledge and consent of the owner, or any person, individually or jointly, entitled to possession regardless of whether the building and/or premises are actually occupied or not.
      OWNER. The holder of the title in fee simple and every mortgagee of record of a property.
      PHYSICAL VALIDATION. The estimated cost to replace a building in kind.
      PLUMBING. All of the following supplies, facilities and equipment: gas pipes, gas burning equipment, water pipes, water heaters, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, vents and other similar fixtures, together with all connections to water, sewer, or gas lines, and water pipes and lines utilized in conjunction with HVAC equipment.
      PREMISES. A lot, plot or parcel of land including the buildings or structures thereon, under control by the same owner or occupant, devoted to or zoned for nonresidential use.
      PUBLIC SANITARY SEWER. Any sanitary sewer owned, operated and maintained by the town and available for public use for the disposal of sewage.
      RUBBISH. Combustible and noncombustible waste materials, except garbage and ashes, including, but not limited to, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.
      SEWAGE. Waste from flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine, or water-carried waste from any other fixture, equipment or machine.
      STRUCTURALLY SOUND. Substantially free from flaw, defect, decay or deterioration to the extent that such structure or structural member is capable of adequately or safely accomplishing the purpose for which it was intended or designed.
      SUPPLIED. Paid for, furnished or provided by, or under control of, the owner or occupant.
(Ord. passed 4-7-2015)
§ 93.05 DUTIES AND RESPONSIBILITIES.
   (A)   Duties and responsibilities of the owner. It shall be the duty and responsibility of the owner to maintain all nonresidential buildings and premises in accordance with all standards for nonresidential buildings and premises fitness as stated in § 93.06.
   (B)   Duties and responsibilities of the occupant. It shall be the duty and responsibility of the occupant to ensure that:
      (1)   All parts of the premises under the control of the occupant shall be kept in a safe, clean and sanitary condition consistent with the nonresidential use and the occupant shall refrain from performing any acts which would render any parts of the building or premises unsafe or unsanitary or which would obstruct any adjacent owner/occupant from performing any duty required, or from maintaining his building or premises in a safe and sanitary condition.
      (2)   Every occupant shall be responsible for the elimination of infestation in and on the premises, subject to his control.
      (3)   Every occupant shall maintain all supplied plumbing fixtures in a safe and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of same.
      (4)   No garbage or solid waste shall be stored or allowed by the occupant to accumulate on the premises unless contained in a trash receptacle(s) which is in accordance with the Code of Ordinances of the Town of Sparta.
      (5)   Damage to public sidewalks and/or curb and gutter located in the public right-of-way shall be repaired or replaced at no expense to the city when such damage is caused by vehicles making deliveries to the nonresidential use under the control of the occupant.
      (6)   Where the owner would not otherwise know of a defect of any facility, utility or equipment required to be furnished hereunder and the same is found to be defective or inoperable, the occupant affected thereby shall, upon learning of such defect, provide notice to the owner.
   (C)   Relationship of duties and responsibilities to occupancy. The provisions of this chapter that apply to the exterior or exterior components of a structure or building or to the premises shall be complied with whether the structure or building or premises is occupied or vacant. All unoccupied or vacant structures or buildings shall be secured by their owners to prevent the entry of unauthorized persons or the formation of nuisance conditions such as infestation.
   (D)   Validity. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Town Council hereby declares that it would have passed this chapter and each section, subsection, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections sentences, clauses or phrases be declared invalid.
   (E)   Conflict with other provisions. In the event any provision, standard or requirement of this chapter is found to be in conflict with any provision of any other ordinance or code of the city, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the jurisdiction shall prevail. The North Carolina State Building Code, current edition, shall serve as the standard for all alterations, repairs, additions, removals, demolitions and other acts of building made or required pursuant to this chapter.
   (F)   Amendments. The Town Council may, from time to time amend, supplement, or change the provisions and requirements of this chapter. Any such amendment shall be by ordinance of the Town Council.
(Ord. passed 4-7-2015)
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