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STATE BUILDING CODE
UNSAFE ABANDONED STRUCTURES
It is hereby found that there exist within the village abandoned structures which the Village Council finds to be hazardous to the health, safety, and welfare of the residents of the village due to 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. Therefore, pursuant to the authority granted by G.S. 160D-1201, it is the intent of this subchapter to provide for the repair, closing or demolition and removal of any such structures in accordance with the same provisions and procedures as are set forth by law for the repair, closing or demolition and removal of housing unfit for human habitation as provided in §§ 95.40 through 95.54.
(Res., passed 6-28-23)
This subchapter shall be enforced by the Village Administrator and by his or her designee(s) and by the Housing Inspector and by his or her designee(s). The Village Administrator and the Housing Inspector are hereby designated and appointed to enforce the provisions of this subchapter and to exercise the duties and powers prescribed herein, and in the minimum housing standards, including:
(A) Investigate the condition of buildings within the village in order to determine which structures are abandoned and in violation of this subchapter;
(B) Enter upon premises for the purpose of making inspections;
(C) Administer oaths and affirmations, examine witnesses and receive evidence;
(D) Designate such other officers, agents and employees of the village as the Inspector deems necessary to carry out the provisions of this subchapter;
(E) Take such action pursuant to this subchapter as may be necessary to provide for the repair, closing or demolition of such structures;
(F) Keep an accurate record of the results of inspections made under this subchapter and all enforcement proceedings begun pursuant to the provisions of this subchapter; and
(G) Perform such other duties as may be prescribed herein or in §§ 95.40 through 95.54, or assigned to the Inspector by the Village Council.
(Res., passed 6-28-23)
(A) Every abandoned structure within the village shall be deemed in violation of this subchapter whenever such structure constitutes a hazard to the health, safety or welfare of the village citizens as a result of:
(1) The attraction of insects or rodents;
(2) Conditions creating a fire hazard;
(3) Dangerous conditions constituting a threat to children; or
(4) Frequent use by vagrants as living quarters in the absence of sanitary facilities.
(B) In making the preliminary determination of whether or not an abandoned structure is in violation of this subchapter, the Inspector may, by way of illustration and not limitation, consider the presence or absence of the following conditions:
(1) Holes or cracks in the structure’s floors, walls, ceilings or roof which might attract or admit rodents and insects, or become breeding places for rodents and insects.
(2) The collection of garbage or rubbish in or near the structure which might attract rodents and insects, or become breeding places for rodents and insects.
(3) Violations of the State Building Code, the State Electrical Code, or the Fire Codes which constitute a fire hazard in such structure.
(4) The collection of garbage, rubbish or combustible materials which constitute a fire hazard in such structure.
(5) The use of such structure or nearby grounds or facilities by children as a play area.
(6) Violations of the State Building Code which might result in danger to children using the structure or nearby grounds or facilities as a play area.
(7) Repeated use of such structure by transients and vagrants, in the absence of sanitary facilities, for living, sleeping, cooking or eating.
(Res., passed 6-28-23)
The same powers and duties, provisions, and procedures shall apply for the investigation, issuance of orders, appeal procedures, and enforcement of orders pertaining to unsafe abandoned structures as apply to the enforcement of the village’s minimum housing standards, §§ 95.40 through 95.54, inclusive, except as follows: Wherever the term “housing” appears, the term “abandoned structure” shall be substituted therefor; wherever the phrase “unfit for human habitation” appears, the phrase “health, safety or welfare hazard” shall be substituted therefor.
(Res., passed 6-28-23)
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