(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)