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§ 93.06 STANDARDS FOR NONRESIDENTIAL BUILDINGS AND PREMISES FITNESS.
   (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)
§ 93.07 PROCEDURES FOR ENFORCEMENT.
   (A)   Unsafe buildings shall be condemned by the inspector. If a building or structure shall appear to the inspector to be especially dangerous to life and unsafe under § 93.06 the inspector shall: (a) make a written finding that the building or structure appears to be unsafe and is condemned; and (b) affix a condemned notice of the dangerous character or conditions of the building or structure to a conspicuous place on the exterior wall of such building or structure.
   (B)   Removal of condemnation notice unlawful. It shall be unlawful for any person to remove a condemned notice from a building or structure after such condemned notice has been affixed to it by the inspector pursuant to the provisions of § division (A) above.
   (C)   Complaint and notice of hearing. If a building or structure has been condemned by the Inspector as unsafe pursuant to this ordinance, the inspector should serve the owner with a written complaint and notice of hearing which notice shall state that:
      (1)   The building or structure is condemned due to its condition that appears to constitute a fire or safety hazard or appears to be dangerous to life, health or other property and that it is held to be unsafe;
      (2)   A hearing will be held before the Inspector at a designated place and time, which time should be not less than ten days nor more than 30 days after the date of such notice, and that at such hearing the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter;
      (3)   Following the hearing, the Inspector may issue such order to repair, close, vacate or demolish the building or structure as the Inspector deems to be appropriate under the existing conditions; and
      (4)   Upon the issuance of a complaint and notice of hearing pursuant to this chapter, the inspector may cause the filing of a notice of lis pendens, with a copy of the complaint and notice of hearing attached thereto, in the office of the Clerk of Superior Court of Alleghany County, as applicable, to be indexed and cross-indexed in accordance with the indexing procedures of the North Carolina General Statutes. The Inspector shall cause a copy of the notice of lis pendens to be served upon the owner of the building or structure at the time of filing in accordance with G.S. § 160A-428 as applicable. Upon compliance with the requirements of any order issued based upon such complaint and hearing, the inspector shall direct the Clerk of Superior Court to cancel the notice of lis pendens.
   (D)   Order to take corrective action; contents; issuance.
      (1)   If, upon a hearing held pursuant to division (B) above, the inspector shall find that the building or structure is in an unsafe condition which constitutes a fire or safety hazard or renders it dangerous to life, health or other property, the Inspector shall issue an order in writing, directed to the owner or owners of such building or structure, directing the owner or owners to remedy the defective condition by repairing, closing, vacating or demolishing the building or structure or taking other necessary steps within such a period as the Inspector may prescribe, which period may not be less than 60 days from the service of the order, provided that, where the Inspector finds that there is imminent danger to life, health or other property, the order may require that corrective action be taken in such lesser period as may be feasible.
      (2)   Buildings of historical value may be granted exemption from this chapter by the Board of Adjustment. In granting an exemption the board must make a finding that the building is a building of historical value to the city, that the owner will repair the damage on a timely basis, with compliance not to exceed six months, and that the building will be reconstructed and/or repaired in such a way as to keep the historical character of the building.
   (E)   Service of written notice or order of inspector. In any case where this chapter requires service of a written notice or order by the Inspector, such notice or order shall be made in the following manner:
      (1)   The written notice or order shall be served upon each owner by mailing the same by certified or registered mail, return receipt requested, to the owner's last known addressor by personal service of the notice or order upon each owner.
      (2)   If the name or whereabouts of an owner are unknown and cannot after due diligence be discovered, the notice or order shall be considered properly and adequately served upon such owner if a copy thereof is posted on the outside of the building or structure in question at least ten days prior to the hearing, if a hearing is required, and a notice of the hearing published in a newspaper having general circulation in the jurisdiction at least once not later than one week prior to the hearing.
   (F)   Appeal of order of inspector; finality if not appealed. Any owner who has received an order may appeal from the order to the Board of Adjustment by giving notice of appeal in writing to the inspector and to the City Clerk within ten days following issuance of the order. In the absence of an appeal to the Board of Adjustment within the prescribed time, the order of the inspector shall be final. the Board of Adjustment shall hear appeals within a reasonable time after receipt of the notice of appeal and it may modify and affirm or revoke the order.
   (G)   Failure to comply with order of inspector. It shall be unlawful for the owner of a building or structure to fail to comply with an order issued from which no appeal has been taken or fail to comply with an order of the Board of Adjustment following an appeal, unless the owner shall, within ten days following issuance of the order by the Board of Adjustment, appeal from that order as by law provided.
   (H)   Remedies; lien for cost of demolition and removal.
      (1)   In the event of such failure to comply, in addition to the penalties, remedies and enforcement procedures contained in § 10.99; continuing violations and § 93.08(E), the inspector may cause such building and premises to be repaired, closed, vacated or demolished as appears appropriate.
      (2)   The inspector, however, shall not take such action until the Town Council shall have by ordinance ordered the inspector to proceed with such action with respect to the particular property or properties which the Inspector shall have found to be unsafe or not in compliance with all standards of nonresidential building and premises fitness and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a building until the owner has first been given a reasonable opportunity to bring it into conformity with this chapter. The ordinance adopted pursuant to this chapter shall be recorded in the office of the Register of Deeds of the Alleghany County and shall be indexed in the name of the property owner or owners in the grantor index.
      (3)   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 a lien for special assessments provided in G.S. Chapter 160A, Art. 10. If the building is removed or demolished by the Inspector, he shall sell the materials of the building, and the personal property, fixtures or appurtenances found in or attached to the building, 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 of the decree of the court.
   (I)   Failure of occupant to comply with order to vacate. If any occupant fails to comply with an order to vacate a building, the Inspector may file a civil action in the name of the town to remove such occupant. The action to vacate the building shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any persons occupying such building. 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 Town Council pursuant to this chapter authorizing the inspector to proceed to vacate the occupied building, the magistrate shall enter judgement ordering that the premises be vacated and that all persons be removed. The judgement ordering that the building be vacated shall be enforced in the same manner as the judgement for summary ejectment entered under G.S. 42-30. An appeal from any judgement entered hereunder by the magistrate may be taken as provided in G.S. 7A-228, and the execution of such judgement may be stayed as provided in G.S. 7A-227. An action to remove an occupant of a building who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this chapter unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the Town Council has ordered the inspector to proceed to exercise his duties under this chapter to vacate and close or remove and demolish the building.
   (J)   Demolition of nonresidential buildings by owner. Where a nonresidential building is under the jurisdiction of this chapter, the building may be demolished by the owner provided that the following requirements are met:
      (1)   The owner obtain a demolition permit from the Inspections Department of Alleghany County.
      (2)   All sewer, gas, water and similar taps or connections be properly closed and disconnected.
      (3)   All debris from the building be removed from the site. This requirement is for the removal of all debris that is above the street level of the building.
      (4)   The lot be graded to a smooth, even, finished grade, free from building material, debris, holes, and/or depressions. Where building debris remains on the site below street level, the owner must back fill the lot with 12 inches of clean fill which shall be graded to a smooth, even finished grade.
      (5)   Where walls of adjacent buildings become exposed as a result of the demolition, said walls 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 the adjacent property and weatherproofed if necessary to prevent deterioration of the wall.
(Ord. passed 4-7-2015)
§ 93.08 ADMINISTRATION.
   (A)   Office of Nonresidential Building Maintenance Standards Inspector created; powers and duties.
      (1)   For the purposes of administering and enforcing the provisions of this chapter the office of nonresidential building maintenance standards Inspector, (herein called "Inspector"), is hereby created.
      (2)   The Inspector shall be appointed by the Town Council shall take and subscribe to the oath of office administered by the Town Clerk, and shall have such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including without limiting the generality of the foregoing, in addition to others herein granted, the following powers:
         (a)   To investigate the nonresidential building conditions in the jurisdiction in order to determine which buildings therein are unsafe; being guided in such examinations of buildings by the requirements set forth in this chapter, and for the purpose of carrying out the objectives of this chapter with respect to such nonresidential buildings.
         (c)   To administer oaths and affirmations and to examine witnesses and receive evidence.
         (d)   To enter upon and within premises and buildings for the purpose of making examinations and investigations, provided, that such entries shall be made at reasonable hours in such a manner as to cause the least possible inconvenience to the persons in possession.
         (e)   To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
   (B)   Inspections.
      (1)   For the purpose of carrying out the intent of this chapter, the Inspector is hereby authorized to enter, examine and survey at all reasonable times all nonresidential buildings and premises, including abandoned structures. The owner or occupant of every nonresidential building or the person in charge thereof, shall give the Inspector free access to such building and its premises, at all reasonable times for the purposes of such inspection, examination and survey. Every occupant of a nonresidential building shall give the owner thereof, or his agent or employee, access to any part of such building and its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of this chapter.
      (2)   The inspector may make periodic inspections for unsafe, unsanitary or otherwise hazardous and unlawful conditions in nonresidential structures within the jurisdiction. In addition, he may make inspections when he has reason to believe that such conditions may exist in a particular structure or premises.
   (C)   Defects in buildings to be corrected. When the inspector finds any defects in a nonresidential building, or finds that a building has not been constructed in accordance with applicable state and city laws, or that a building because of its condition is dangerous or contains fire hazardous conditions, it shall be his/her duty to notify the owner or occupant of the building of its defects, hazardous conditions or failure to comply with law. The owner or occupant shall each immediately remedy the defects, hazardous conditions or violations of law in the property he owns. Failure to do so shall constitute a violation of this chapter. Each day any violation of this chapter shall continue shall constitute a separate offense.
   (D)   Violations. In addition to the conditions, acts or failure to act that constitute violations specified in this chapter, it shall be unlawful for the owner of any building and premises to fail, neglect or refuse to repair, alter or improve the same, or to vacate and close or vacate and remove or demolish the same, upon order of the inspector duly made and served as herein provided, within the time specified in such order. It shall be unlawful for the owner of any building, with respect to which an order has been issued pursuant to § 93.07(E), to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing, or vacation and removal or demolition.
   (E)   Penalties for violations; alternative remedies. In addition to other penalties and remedies provided by this chapter, violation of this chapter shall constitute either a misdemeanor punishable by fine or imprisonment as provided by G.S. § 14-4, as amended, or at the election of the town, shall subject the offender to civil penalties, remedies, and enforcement procedures contained in § 10.99; continuing violations of the town.
(Ord. passed 4-7-2015)