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(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)
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)
(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)
(A) Unlawful to own unsafe buildings and structures.
(1) It shall be unlawful for any firm, person or corporation to own a building or a structure situated in the jurisdiction of the town which is in such a defective or hazardous condition that it is unsafe and especially dangerous to life. The Town of Sparta Council has determined that unsafe and especially dangerous buildings and structures are detrimental to the health, safety and welfare of the citizens of Sparta, that such unsafe and especially dangerous buildings and structures shall be condemned, and that the owners of such unsafe and especially dangerous buildings and structures shall immediately remedy the unsafe, dangerous, hazardous or unlawful conditions or demolish such buildings or structures.
(2) A building or structure shall be found to be especially dangerous to life and held unsafe if the Inspector finds that any one of the following conditions exists in such building or structure:
(a) Interior walls or vertical studs which seriously list, lean or buckle to an extent as to render the building unsafe.
(b) Supporting member or members which show 33% or more damage or deterioration, or non-supporting, enclosing or outside walls or covering which shows 50% or more of damage or deterioration.
(c) Floors or roofs which have improperly distributed loads, which are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
(d) Such damage by fire, wind or other causes as to render the building unsafe.
(e) Dilapidation, decay, unsanitary conditions or disrepair which is dangerous to the health, safety or welfare of the occupants or other people of the jurisdiction.
(f) Inadequate facilities for egress in case of fire or panic.
(g) Defects significantly increasing the hazards of fire, accident or other calamities.
(h) Lack of adequate ventilation, light, heating or sanitary facilities to such extent as to endanger the health, safety or general welfare of the occupants or other residents of the jurisdiction.
(i) Lack of proper electrical, heating or plumbing facilities required by this chapter which constitutes a health or a definite safety hazard.
(j) For any building whose occupancy classification requires it, lack of connection to a potable water supply and/or to the public sanitary sewer or other approved sewage disposal system. For the purposes of this standard, a building is not connected to a potable water supply if the water supply has been "cut off" because of nonpayment of the water bill or otherwise or if the system for any reason is not receiving a flow of potable water to the tap.
(k) Any violation of the State Fire Prevention Code which constitutes a condition which is unsafe and especially dangerous to life.
(l) Any abandoned nonresidential building which is found to be a health or safety hazard by the Inspector as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities.
(3) In addition to divisions (A)(2)(a) through (l) above, anyone of which renders a building or structure unsafe, the inspector shall determine that a nonresidential building or structure is unsafe if he finds that a building or structure fails to fully comply with any five or more of the following enumerated standards of building and premises fitness. Full compliance with a standard means that if any part of the stated standard is not complied with by a particular building and premises, then that building and premises has failed to fully comply with the enumerated standards.
(B) General.
(1) Buildings and premises shall be kept clear of accumulations of garbage, trash, or rubbish which create health and sanitation problems. All garbage and solid waste shall be in approved containers or stored in a safe and sanitary way.
(2) Flammable, combustible, explosive or other dangerous or hazardous materials shall be stored in a manner approved for such materials and consistent with the State Fire Prevention Code.
(3) Buildings and premises shall be kept free of loose and insufficiently anchored overhanging objects which constitute a danger of falling on persons or property.
(4) The premises shall be kept free of insufficiently protected holes, excavations, breaks, projections, obstructions and other such dangerous impediments on and around fences, walls, walks, driveways, parking lots and other areas which are accessible to and generally used by persons on the premises.
(5) Buildings and premises surfaces shall be kept clear of cracked or broken glass, loose shingles, loose wood, crumbling stone or brick, loose or broken plastic or other dangerous objects or similar hazardous conditions. Exterior surfaces shall be maintained in such material or treated in such a manner as to prevent deterioration.
(6) Buildings and premises shall be kept free of objects and elements protruding from building walls, roof or premises which are unsafe or not properly secured or which can create a hazard such as abandoned electrical boxes and conduits, wires, sign brackets and other brackets, and similar objects.
(C) Appurtenances.
(1) All chimneys, flues and vent attachments thereto shall be maintained structurally sound. Chimneys, flues, gas vents or other draft-producing equipment which are in use shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
(2) All exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free of defects.
(3) All cornices shall be made structurally sound. Rotten or weakened portions shall be removed and/or replaced. All exposed wood shall be treated or painted.
(4) Gutters and down spouts shall be replaced or repaired as necessary and shall be appropriately located and securely installed so as not to cause a hazard to pedestrians, vehicular traffic or property.
(5) Attached and unattached accessory structures shall be maintained in a state of good repair.
(6) Advertising sign structures, attached or freestanding, awnings, marquees and their supporting members and other similar attachments and structures shall be maintained in good repair and shall not cause a nuisance or safety hazard.
(D) Structural.
(1) Walls, partitions, supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, shall not be rotted, deteriorated or damaged, and shall not have holes or cracks which might admit rodents.
(2) Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.
(3) Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.
(4) Interior steps, railings, landings, porches or other parts or appurtenances shall be maintained in such condition that they will not fall or collapse.
(5) Where a wall of a building has become exposed as a result of demolition of an adjacent building said wall must have all doors, windows, vents or other similar openings closed with material of the type comprising the wall unless such doors, windows, vents or other similar openings are to be maintained in accordance with the provisions of this chapter. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stuccoed or bricked so as not to detract from the aesthetics and value of adjacent property and weatherproofed if necessary to prevent deterioration of the wall.
(E) Plumbing, electrical and supplied facilities.
(1) All plumbing fixtures and pipes shall meet the standards of the State Plumbing Code and shall be maintained in a state of good repair and in good working order.
(2) All electrical fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the State Electric Code.
(3) Every supplied facility, piece of equipment or utility which is required under this chapter or the State Building Code for occupancy or use shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.
(F) Egress.
(1) Facilities for egress in case of fire or panic shall be adequate and shall remain clear for such purposes.
(2) All windows must be tight-fitting and have sashes of proper size and design and free from rotten wood, broken joints, or broken or loose mullions.
(3) All windows shall be maintained free of broken glass that could be dangerous to the public, invitees or third parties ordinarily expected to use the premises, from falling or shattering.
(4) All openings originally designed as windows shall be maintained as windows, unless specifically approved by the inspector for enclosure.
(G) Drainage.
(1) All yards and premises shall be properly graded and maintained so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water.
(2) Buildings and premises not declared unsafe but which are not in compliance with all standards.
(3) In any case where the Inspector determines that a nonresidential building and/or premises fails to fully comply with one or more but less than five of the standards of nonresidential buildings and premises fitness set forth in § 93.06, such building and/or premises shall not be found to be unsafe and shall not be subject to the procedures and remedies as provided for in this chapter for unsafe buildings and premises. Each such failure of noncompliance, however, shall constitute a violation of the terms of this chapter and shall subject the violator to the penalties and enforcement procedures, civil or criminal or both, of § 93.08(E). In such case the inspector shall notify the owner as provided for in § 93.07(E).
(Ord. passed 4-7-2015)
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