The most recent edition (revision), as amended, of the following codes and regulations are hereby adopted by reference as fully as though set forth herein to the extent that they are applicable for safe and stable design, methods of construction, minimum standards and use of materials in building or structures hereafter erected, enlarged, altered, repaired, occupied or otherwise constructed or reconstructed; or relate to the design, construction, reconstruction, alteration, repair demolition or removal of building or structures or any appurtenances connected or attached thereto and shall apply within the corporate limits of the village and its extraterritorial planning and zoning jurisdiction as shown on the village official zoning map.

(1)

North Carolina State Building Code, Volume I, General Construction;

(2)

Fire Prevention and Protection Code;

(3)

Life Safety Code, National Fire Protection Association, NFPA No. 101;

(4)

State of North Carolina Regulations for Mobile Homes;

(5)

North Carolina Uniform Residential Building Code;

(6)

North Carolina State Building Code, Volume II, Plumbing;

(7)

North Carolina State Building Code, Volume III, Heating, Air Conditioning, Refrigeration, and Ventilation; and National Electrical Code.

(Ord. No. 2021-07, § 2, 7-13-2021)

It shall be unlawful for any person to commence development (including land disturbing activity, construction, reconstruction, alteration, repair, movement to another site, removal or demolition of any building or structure) within the village or its extraterritorial planning and zoning jurisdiction without first obtaining a certificate of zoning compliance from the Foxfire Village Zoning Administrator and a building permit form the Moore County Inspection Department.

(Ord. No. 2021-07, § 2, 7-13-2021)

Inspections to ensure compliance with the applicable building codes and regulations are conducted by the Moore County Inspection Department. The qualifications, duties and responsibilities, methods, and conflict of interest rules regarding building inspectors are contained in G.S. 160D-1102-1109.

(Ord. No. 2021-07, § 2, 7-13-2021)

Fees for certificates of zoning compliance shall be established by the village council and must be submitted to the zoning administrator with the application. Fees for building permits are established by Moore County and payable to the county.

(Ord. No. 2021-07, § 2, 7-13-2021)

The Foxfire Village Zoning Administrator will issue a certificate of occupancy at the conclusion of all work done under a building permit when the development complies with all applicable subdivision, zoning, and development regulations of the village. Thereafter, Moore County will issue its separate certificate of occupancy per G.S. 160D-1116.

(Ord. No. 2021-07, § 2, 7-13-2021)

Per G.S. 160D-1117, the Foxfire Village Council or Zoning Administrator may request the Moore County Inspection Department to conduct inspections for unsafe, unsanitary, or otherwise hazardous and unlawful conditions in building or structures within the village and its planning and development regulation jurisdiction. Inspectors shall have the right to enter upon premises at all reasonable hours for purposes of inspection or other enforcement action, upon presentation of proper credentials. When an inspector finds any defects in a building or that the building was not constructed in accordance with applicable state and local laws, or that a building's condition constitutes a danger, including a fire hazard, the inspector shall notify the owner or occupant of the building of the defects, hazardous conditions, or failure to comply with applicable law. The owner or occupant shall immediately remedy the defects, hazardous conditions, or violations of law in the property.

(Ord. No. 2021-07, § 2, 7-13-2021)

Every building that shall appear to the inspector to be especially dangerous to life because of its liability to fire or because of bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating systems, inadequate means of egress, or other causes shall be held to be unsafe, and the inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of the building. [G.S. 160D-1119]

If any person shall remove any notice that has been affixed to any building or structure by a local inspector of any local government and that states the dangerous character of the building or structure, that person shall be guilty of a Class 1 misdemeanor.

If the owner of a building or structure that has been condemned as unsafe pursuant to G.S. 160D-1119 shall fail to take prompt corrective action, the local inspector shall give written notice, by certified mail to the owner's last known address or by personal service, of all of the following:

(1)

That the building or structure is in a condition that appears to meet one or more of the following conditions:

a.

Constitutes a fire or safety hazard.

b.

Is dangerous to life, health, or other property.

c.

Is likely to cause or contribute to blight, disease, vagrancy, or danger to children.

d.

Has a tendency to attract persons intent on criminal activities or other activities that would constitute a public nuisance.

(2)

That an administrative hearing will be held before the inspector at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter.

(3)

That following the hearing, the inspector may issue such order to repair, close, vacate, or demolish the building or structure as appears appropriate.

If the name or whereabouts of the owner cannot, after due diligence, be discovered, the notice shall be considered properly and adequately served if a copy is posted on the outside of the building or structure in question at least ten days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the Foxfire Village area of jurisdiction at least once not later than one week prior to the hearing. (2019-111, § 2.4.)

(Ord. No. 2021-07, § 2, 7-13-2021)

If, upon a hearing held pursuant to the notice prescribed in section 21-10-7, the inspector shall find that the building or structure is in a condition that constitutes a fire or safety hazard or renders it dangerous to life, health, or other property, the inspector shall make an order in writing, directed to the owner of such building or structure, requiring the owner to remedy the defective conditions by repairing, closing, vacating, or demolishing the building or structure or taking other necessary steps, within such period, not less than 60 days, as the inspector may prescribe, provided that where the inspector finds that there is imminent danger to life or other property, the inspector may order that corrective action be taken in such lesser period as may be feasible.

(Ord. No. 2021-07, § 2, 7-13-2021)

Any owner who has received an order pursuant to section 21-10-8 may appeal from the order to the village council by giving notice of appeal in writing to the inspector and to the village clerk within ten days following issuance of the order. In the absence of an appeal, the order of the inspector shall be final. The village Council shall conduct a quasi-judicial hearing per the provisions of section 21-3-6, article III of this UDO to decide an appeal and render a decision within a reasonable time. The village Council may affirm, modify and affirm, or revoke the order.

(Ord. No. 2021-07, § 2, 7-13-2021)

If the owner of a building or structure fails to comply with an order issued pursuant to section 21-10-8 from which no appeal has been taken or fails to comply with an order of the village council following an appeal, the owner shall be guilty of a Class 1 misdemeanor.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

Action authorized. Whenever any violation is denominated a misdemeanor under the provisions of this Article, the village, either in addition to or in lieu of other remedies, may initiate any appropriate action or proceedings to prevent, restrain, correct, or abate the violation or to prevent the occupancy of the building or structure involved.

(b)

Removal of building. In the case of a building or structure declared unsafe under section 21-10-7, the village may, in lieu of taking action under subsection (a) of this section, cause the building or structure to be removed or demolished. The costs incurred by the village in connection with the removal or demolition shall be a lien against the real property upon which the cost was incurred. The lien shall be filed, have the same priority, and be collected in the same manner as liens for special assessments provided in G.S. ch. 160A, art. 10. If the building or structure is removed or demolished by the village, the village shall sell the usable materials of the building and any personal property, fixtures, or appurtenances found in or attached to the building. The village shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the clerk of superior court of the county where the property is located and shall be disbursed by the court to the person found to be entitled thereto by final order or decree of the court.

(c)

Additional lien. The amounts incurred by the village in connection with the removal or demolition shall also be a lien against any other real property owned by the owner of the building or structure and located within Foxfire Village's planning and development regulation jurisdiction. The provisions concerning removal of the building above apply to this additional lien, except that this additional lien is inferior to all prior liens and shall be collected as a money judgment.

(d)

Nonexclusive remedy. Nothing in this section shall be construed to impair or limit the power of the village to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(Ord. No. 2021-07, § 2, 7-13-2021)

The inspection department shall keep complete and accurate records in convenient form of all applications received, permits issued, inspections and re-inspections made, defects found, certificates of compliance or occupancy granted, and all other work and activities of the department. These records shall be kept in the manner and for the periods prescribed by the department of natural and cultural resources.

(Ord. No. 2021-07, § 2, 7-13-2021)

Unless otherwise provided by law, appeals from any order, decision, or determination by a member of a local inspection department pertaining to the state building code or other state building laws shall be taken to the commissioner of insurance or the commissioner's designee or other official specified in G.S. 143-139 by filing a written notice with the commissioner and with the inspection department within a period of ten days after the order, decision, or determination. Further appeals may be taken to the state building code council or to the courts as provided by law. (2019-111, § 2.4.)

(Ord. No. 2021-07, § 2, 7-13-2021)

The village council may petition the superior court for the appointment of a receiver to rehabilitate, demolish, or sell a vacant building, structure, or dwelling, under any of the circumstances described in G.S. 160D-1130 when the owner fails to comply with a valid order and the property is deemed a nuisance per se.

(Ord. No. 2021-07, § 2, 7-13-2021)