The provisions of this chapter and of the regulatory codes herein adopted shall apply to the following:

   (A)   The location, design, materials, equipment, construction, reconstruction, alteration, repair, maintenance, moving, demolition, removal, use and occupancy of every building or structure or any appurtenances connected or attached to the building or structure;

   (B)   The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of house sewers, building drains, waste and vent systems, hot and cold water supply systems and all fixtures and appurtenances thereof;

   (C)   The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air conditioning and refrigeration systems, fuel burning equipment and appurtenances thereof; and

   (D)   The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances thereof.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The provisions of this chapter, technical codes and regulatory codes adopted here shall be in effect and apply within the corporate limits of the city and beyond and surrounding the corporate limits within a line which constitutes the boundary of the city’s extraterritorial jurisdiction, as described on the map maintained in the office of the City Clerk, as the same may be amended from time to time, as provided by law.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The term technical codes as used here shall mean the collective provisions of the North Carolina: Administrative, Building (Accessibility), Plumbing, Mechanical, Fuel Gas, Energy, Existing Buildings and Residential Codes as adopted by the North Carolina Building Code Council, and the National Electrical Code. The most recent edition, including all subsequent amendments, of the North Carolina Building Code, as adopted by the North Carolina Building Code Council, is adopted by reference as fully as though set forth here to the extent such Code is applicable for safe and stable design, methods of construction, minimum standards, and use of materials in building or structures erected, enlarged, altered, repaired, or otherwise constructed or reconstructed after adoption of this chapter.

   (A)   In addition, Appendix D – Fire Districts, of the North Carolina Building Code is hereby adopted by reference as fully as though set forth here and shall be enforced as part of this chapter.

   (B)   The most recent applicable edition/editions, including all subsequent amendments as set forth by the North Carolina Department of Insurance Manufactured Housing Division, is hereby adopted by reference as fully as though set forth here.

   (C)   The most recent edition, including all subsequent amendments, of the North Carolina State Building Code, Existing Buildings, as adopted by the North Carolina Building Code Council, is hereby adopted by reference as fully as though set forth here.

   (D)   The most recent edition, including all subsequent amendments, of the North Carolina Energy Code, as adopted by the North Carolina Building Code Council, is hereby adopted by reference as fully as though set forth here.

   (E)   The most recent edition, including all subsequent amendments, of the North Carolina Residential Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.

   (F)   The most recent edition, including all subsequent amendments, of the North Carolina Plumbing Code, as adopted by the North Carolina Building Code Council, is hereby adopted by reference as fully as though set forth here.

   (G)   The most recent edition, including all subsequent amendments, of the North Carolina Mechanical Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.

   (H)   The most recent edition, including all subsequent amendments, of the North Carolina Electrical Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.

   (I)   The National Electrical Code, as adopted by the North Carolina Building Code Council, including all subsequent amendments, is hereby adopted by reference as fully as though set forth here.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   All buildings or structures and connected appurtenances which are constructed, reconstructed, erected, altered, extended, enlarged, repaired, altered, occupied, used, demolished, or moved shall conform to the requirements, minimum standards, and other provisions of either the North Carolina Building Code or the North Carolina Residential Code, whichever is applicable, or both if both are applicable. Where the provisions of this chapter conflict with any of the technical codes listed above, the more restrictive provisions shall apply.

   (B)   Every building or structure intended for human habitation, occupancy, or use shall have plumbing, plumbing systems, or plumbing fixtures installed, constructed, altered, extended, repaired, or reconstructed in accordance with the minimum standards, requirements, and other provisions of the North Carolina Plumbing Code.

   (C)   All mechanical systems consisting of heating, ventilating, air conditioning or refrigeration systems, fuel-burning equipment, incinerators, and other energy related systems, their fittings, appliances, fixtures, and appurtenances shall be installed, erected, altered, replaced, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina State Mechanical Code.

   (D)   All electrical wiring, installations and appurtenances shall be erected, altered, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the National Electrical Code with the subsequent amendments set forth by the North Carolina Building Code Council.

   (E)   All electrical repairs or permanent interior work done within the fire district and public buildings of the city shall be done either in conduit, steel or metallic tubing or metal molding.

      (1)   All temporary electric service structures shall be strongly built and installed pursuant to the guidelines established by Greenville Utilities.

      (2)   All temporary electrical structures shall be inspected by the electrical inspector before any connection is made with any electrical service line.

   (G)   The installation of gas piping systems extending from the point of delivery to the inlet connections of equipment served, and the installation and operation of residential and commercial gas appliances and related accessories shall conform to the provisions of the North Carolina Fuel Gas Code.

   (H)   All manufactured housing shall be constructed, repaired, altered, installed, erected, replaced, or moved to another site in conformance with the provisions of the most recent applicable edition/editions as set forth by the North Carolina Department of Insurance Manufactured Housing Division.

   (I)   All construction, alterations, repairs, replacement, equipment, and maintenance hereinafter made or installed to any building or structure, other than one- and two-family buildings or structures and townhouses, shall conform to the provisions of the North Carolina Fire Prevention Code.

   (J)   The thermal envelope of the building and installation of energy systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances, ventilation, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems shall conform to the provisions of the North Carolina Energy Code.

   (K)   All alterations, repairs, replacement, rehabilitation or change of occupancy of any existing building shall conform to applicable provisions of the North Carolina Building Code – Existing Buildings or other applicable technical codes.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   An official copy of each regulatory code adopted herein, and official copies of all amendments thereto, shall be kept on file in the office of the City Clerk or Chief Building Inspector. The copies shall be the official copies of the codes and the amendments.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The Inspections Division of the city shall consist of building inspectors, and may also include a plumbing inspector, a mechanical inspector, an electrical inspector and such other inspectors as may be authorized by City Council.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   It shall be the duty of the Inspections Division to enforce all of the provisions of this chapter and of the regulatory codes adopted herein, and to make all inspections necessary to determine whether the provisions of this chapter and those codes are being met, excepting for the provisions of this chapter designated to be enforced by the Code Enforcement Supervisor or officer.

   (B)   All inspectors shall give such oath for the faithful performance of their duties as may be required by the City Council.

   (C)   The administration and enforcement of this chapter shall be the duty of the Inspections Division unless otherwise stated, and said Division is hereby authorized and directed to take such lawful action as may be necessary to enforce the provisions of this chapter.

   (D)   The Inspections Division, through the appointment of inspectors, shall have the full power, authority and duties prescribed by the general laws and ordinances applicable to the city to make inspections and to perform all other functions which are authorized or directed by law.

   (E)   Members of the Inspections Division shall have the right to enter public or private property at such reasonable times as may be necessary for the performance of their duties. Should the owner or occupant of any property refuse to permit such reasonable access, the Inspection Division shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2. No person shall obstruct, hamper or interfere with any such representative while in the process of carrying out their lawful duties.

(Ord. No. 23-082, § 1, passed 12-14-2023)

      (1)   When deemed necessary by the appropriate inspector, they may require the permit holder to have materials and assemblies inspected at the point of manufacture or fabrication, or inspections or tests to be made by approved and recognized inspection organizations; provided, no approval shall be based upon reports of such organizations unless the same are in writing and certified by a responsible officer of such organization.

      (2)   All holders of permits, or their agents, shall notify the Inspections Division at each stage of construction and shall give inspectors free access to the premises for the purpose of making inspections. Approval shall be obtained from the Inspections Division before subsequent work can be continued. The inspections required shall conform to the provisions of the North Carolina Administration and Technical Codes.

         (a)   A local government may, upon completion of work or activity undertaken pursuant to a development approval, make final inspections and issue a certificate of compliance or occupancy if staff finds that the completed work complies with all applicable state and local laws and with the terms of the approval. No building, structure, or use of land that is subject to a building permit required by G.S. Article 11 shall be occupied or used until a certificate or occupancy or temporary certificate pursuant to G.S. 160D-1116 has been issued.

         (a)   At the conclusion of all work done under a building permit, the appropriate inspector shall make a final inspection, and, if the completed work complies with all applicable state and local laws and with the terms of the permit, a certificate of compliance shall be issued. Except as provided by subsection (b) of this section, no new building or part thereof may be occupied, no addition or enlargement of an existing building may be occupied, and no existing building that has been altered or moved may be occupied, until the Inspections Division has issued a certificate of compliance.

         (b)   A temporary certificate of occupancy may be issued permitting occupancy for a stated period of time of either the entire building or of specified portions of the building if the inspector finds that the building may safely be occupied prior to its final completion. A permit holder may request and be issued a temporary certificate of occupancy if the conditions and requirements of state and local laws are met.

         (c)   Any person who owns, leases, or controls a building and occupies or allows the occupancy of the building or a part of the building before a certificate of compliance or temporary certificate of occupancy has been issued pursuant to subsection (a) or (b) of this section is guilty of a Class 1 misdemeanor.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   No oversight or dereliction of duty on the part of any inspector or other official or employee of the Inspections Division of the Planning and Development Services Department or the Code Enforcement Division of the Neighborhood and Business Services Department shall be deemed to legalize the violation of any provision of this chapter or any provision of any regulatory code herein adopted.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   No officer, agent, official (elected or appointed) or employee of the city shall render themselves personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties under this chapter.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   In accordance with G.S. 160D-109, no staff member shall make a final decision on an administrative decision required by this article if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.

   (B)   In accordance with and consistent with the above-referenced statute, no officer or employee of the Inspections Division shall be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building or any part thereof, or in the making of plans or specifications within the city’s jurisdiction or the ETJ, unless they are the owner of the building. No officer or employee of the Inspections Division shall engage in any work which is inconsistent with their duties or with the interests of the city.

   (C)   In accordance with G.S. 160D-1108, staff members, agents, or contractors responsible for building inspections shall comply with G.S. 160D-109(c). No member of the Inspections Division shall be financially interested or employed by a business that is financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of any building within the city’s planning and development regulation jurisdiction or any part or system thereof, or in the making of plans or specifications therefor, unless he or she is the owner of the building. No member of an Inspections Division or other individual or an employee of a company contracting with the city to conduct building inspections shall engage in any work that is inconsistent with their duties or with the interest of the city, as determined by the city. The city must find a conflict of interest if any of the following is the case:

      (1)   If the individual, company, or employee of a company contracting to perform building inspections for the city has worked for the owner, developer, contractor, or project manager of the project to be inspected within the last two years.

      (2)   If the individual, company, or employee of a company contracting to perform building inspections for the city is closely related to the owner, developer, contractor, or project manager of the project to be inspected.

      (3)   If the individual, company, or employee of a company contracting to perform building inspections for the city has a financial or business interest in the project to be inspected.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The Inspections Division, and each inspector, shall keep complete and accurate records in a convenient form of all applications received, permits issued, inspections and re-inspections made, and all other work and activities of the Inspections Division, pursuant to the North Carolina Record Retention Laws. Periodic reports shall be submitted to the City Council, and to other agencies, as required.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Whenever any building or structure or part thereof is being demolished, constructed, reconstructed, altered or repaired in a hazardous manner, or in violation of any provision of this part or any other city ordinance, or in violation of any provision of any regulatory code herein adopted, or in violation of the terms of the permit or permits issued therefor, or in such manner as to endanger life or property, the appropriate inspector may order the work to be immediately stopped. Such work shall not be resumed until adequate measures are taken for the protection of life and property and satisfactory evidence is offered that further work will be prosecuted carefully, in a workmanlike manner, and in conformity with this article and other ordinances relating thereto. Violation of a stop work order shall constitute a Class 1 misdemeanor.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Pursuant to G.S. Chapter 160D, Article 2, the City Council hereby authorizes the extension and enforcement of building inspection services and minimum housing standards into the city’s extraterritorial jurisdiction.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   No person shall commence or proceed with the construction, alteration, repair, removal or demolition of any single building or other structure or part thereof without a written permit therefor from the Inspections Division except for building construction that is exempted from permit requirements under the North Carolina State Building Code. The copy of the permit shall be kept on the premises for public inspection during the prosecution of the work and until completion of the same. An identification placard showing the permit number signed by the Inspections Division shall be conspicuously posted on the site readily visible from the street.

   (B)   A permit for the demolition of any single building or structure or part thereof shall be issued only to the following:

      (1)   A general contractor licensed by the North Carolina Licensing Board for General Contractors; or

      (2)   A demolition contractor; or

      (3)   An owner.

      Any person receiving a permit under this subsection shall, in the performance of the work, comply with the State Building Code and all other applicable state and local laws, rules and regulations.

   (C)   No person shall erect, alter or repair any billboard or sign without first securing a permit from the Inspections Division, except for sign construction that is exempt from permit requirements under the North Carolina State Building Code. Said exemption does not apply to any requirements for development approvals, including permits, issued by the Planning Division.

   (D)   All applications for permits required by this article shall be approved or disapproved by the Inspections Division within a reasonable period from the date of filing thereof. Such applications shall be approved if the work proposed to be done conforms to the requirements of this article, the zoning ordinance, and other ordinances relating thereto.

   (E)   Failure to apply for and obtain any required building permit prior to commencement of a construction, alteration, repair, removal or demolition shall incur an additional fee in an amount of twice the permit fee itself or a minimum of $100.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   No building permit shall be issued for any building or structure when the estimated total cost of which is more than outlined in the North Carolina General Statutes unless the work is to be performed by a licensed general contractor. Exceptions may be granted pursuant to G.S. 87-14.

   (B)   No building permit shall be issued for any building or structure, other than a one or two-family building or structure, if the estimated total cost is more than what is outlined in the North Carolina Administrative Code, unless the plans bear the North Carolina seal of a registered architect or a registered engineer.

   (C)   Where any provision(s) of the North Carolina General Statutes or of any ordinance require that work be done by a licensed specialty contractor of any kind, no permit for the work shall be issued unless it is to be performed by the licensed specialty contractor.

   (D)   Where detailed plans and specifications are required under this chapter, no building permit shall be issued unless the plans and specifications have been provided.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Applications shall be completed and submitted electronically through the city’s Inspections Division permitting software for all permits required by this chapter. Such application shall be completed by the owner of the building or structure affected or by his authorized agent or representative. The owner shall authorize any work for which a building permit is required.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   When proper application for a permit has been made, and the appropriate inspector is satisfied that the application and the proposed work comply with the provisions of this chapter and the appropriate technical and regulatory codes, upon payment of the proper fee or fees as provided in section 9-1-38, they shall issue the permit.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The Chief Building Inspector or their designee may revoke and require the return of any building permit by notifying the permit holder in writing, stating the reason for the revocation. Building permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable state or local laws; or for false statements or misrepresentations made in securing the permit. Any building permit mistakenly issued in violation of an applicable state or local law may also be revoked.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Permits issued for the removal or demolition of any building shall expire six months after the date of issuance. Permits issued for the construction, alteration or repair of any building shall expire six months after the date of issuance if the work authorized by the permit has not been commenced. If, after the commencement of such work, the same is discontinued for a period of 12 months, the permit shall immediately expire. No work authorized by any permit which has expired shall be done until a new permit is secured.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   After a building permit has been issued, no changes or deviations from the terms of the application, plans and specifications, or the permit, except where changes or deviations are clearly permissible under the State Building Code, shall be made until specific written approval of proposed changes or deviations has been obtained from the Inspections Division.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Fees for building, plumbing, mechanical and electrical permits shall be as fixed from time to time by the City Council, a schedule of which shall be maintained in the City of Greenville Manual of Fees.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   It shall be unlawful for any person to violate any provision, standard, occupancy content, or other requirement of this chapter or the regulatory and technical codes herein adopted or to refuse or fail to comply with any order of the city or of any inspector made in accordance with this chapter or the regulatory and technical codes herein adopted. Each day shall be a subsequent violation.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   A violation of this article may subject the violator to any or all of the following penalties.

      (a)   A civil action in the nature of a debt.

      (b)   The use of a collections agency and the assessment of an administrative fee.

      (c)   The use of the provisions of Chapter 105A (the Setoff Debt Collection Act) and G.S. 18C-134.

      (d)   Equitable remedies issued by a court of competent jurisdiction.

      (e)   Any other method authorized by law to secure, collect, satisfy, or otherwise recover any civil penalty owed.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Pursuant to and for the purposes of G.S. 160D-1128, the fire limits are hereby declared to be all areas designated as such on the official map of the City of Greenville, North Carolina, as may be amended from time to time, which is on file in the office of the City Clerk. Each time the City Council takes action establishing, altering or abolishing any part of the fire limits, the City Manager shall promptly direct an appropriate city officer to amend the official map to reflect the action of the City Council.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   As provided in G.S. 160D-1128(c), within the primary fire limits of any city, as established and defined by ordinance, no frame or wooden building or structure or addition thereto shall hereafter be erected, altered, repaired, or moved, either into the limits or from one place to another within the limits, except upon the permit of the local Inspections Division approved by City Council and by the Commissioner of Insurance or their designee. The City Council may make additional regulations for the prevention, extinguishment, or mitigation of fires within the primary fire limits.

   (B)   As provided in G.S. 160D-1128(d), within any secondary fire limits of any city or town, as established and defined by ordinance, no frame or wooden building or structure or addition thereto shall be erected, altered, repaired, or moved, except in accordance with any rules and regulations established by ordinance of the areas.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   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.

      (1)   It appears to the inspector to be vacant or abandoned.

      (2)   It appears to the inspector to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, or fire or safety hazard; to be a danger to children; or to tend to attract persons intent on criminal activities or other activities that would constitute a public nuisance.

(Ord. No. 23-082, § 1, passed 12-14-2023)

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

(Ord. No. 23-082, § 1, passed 12-14-2023)

   If the owner of a building or structure that has been condemned as unsafe pursuant to section 9-1-70 fails to take prompt corrective action, the Inspections Division shall give written notice, by certified mail to the owner's last known address or by personal service, of all of the following:

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

      (1)   Constitutes a fire or safety hazard.

      (2)   Is dangerous to life, health, or other property.

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

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

   (B)   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 will be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter.

   (C)   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 City of Greenville at least once not later than one week prior to the hearing.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   If, upon a hearing held pursuant to the notice prescribed in section 9-1-72, 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. 23-082, § 1, passed 12-14-2023)   

   Any owner who has received an order under section 9-1-73 may appeal from the order to the City Council by giving notice of appeal in writing to the Inspections Division and to the City Clerk within ten days following issuance of the order. In the absence of an appeal, the order of the inspector is final. The City Council shall hear an appeal in accordance with G.S. 160D-406 and render a decision within a reasonable time. The City Council may affirm, modify and affirm, or revoke the order.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   If the owner of a building or structure fails to comply with an order issued pursuant to section 9-1-73 from which no appeal has been taken or fails to comply with an order issued by the City Council following an appeal, the owner is guilty of a Class 1 misdemeanor.

(Ord. No. 23-082, § 1, passed 12-14-2023)

(Ord. No. 23-082, § 1, passed 12-14-2023)

(Ord. No. 23-082, § 1, passed 12-14-2023)

   In addition to any other charge, any owner of a building or structure located within the city and its extraterritorial jurisdiction shall be subject to any actual costs incurred by the city in obtaining service including but not limited to, legal publication and personal delivery costs for notices, and orders upon the finding at the hearing held pursuant to section 9-1-72, that the building or structure is in an unsafe condition as defined by this article or state law.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The rules and regulations prescribed by this article shall be known and may be cited as “The Minimum Housing Code of the City of Greenville” and may be referred to in this article as “this Code.”

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   Pursuant to G.S. 160D-1201, it is hereby found and declared that there exists in the city dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such buildings or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety, morals, or otherwise inimical to the welfare of the residents of the city.

   (B)   In order to protect the health, safety and welfare of the residents of the city as authorized by G.S. Chapter 160D, Article 12, it is the purpose of this article to establish minimum standards and requirements for the initial and continued occupancy of all dwellings used for human habitation, as expressly authorized by G.S. § 160D-1201–160D-1212. This section does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities, except as provided in this chapter.

   (C)   The purpose of this article is to remedy and prevent the decay and deterioration of dwellings and to eliminate blighted neighborhoods by providing standards for dwellings for the protection of the life, health, safety, welfare and property of the general public and owners and occupants of dwellings.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The provisions of this article shall apply to any dwelling within the corporate limits of the city and beyond and surrounding the corporate limits within a line which constitutes the boundary of the city’s extraterritorial jurisdiction, as described on the map maintained in the office of the City Clerk, as the same may be amended from time to time, as provided by law. Portable, mobile or demountable dwellings, including trailers, when used or intended for use for housing or occupancy within the city shall be subject to the applicable provisions of this article.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   Interior walls or vertical studs which seriously lean or buckle to such an extent as to render the building or structure unsafe;

      (2)   Supporting and nonsupporting member or members which show damage or deterioration;

      (3)   Floors or roofs which have improperly distributed loads which are overloaded or which have insufficient strength to be reasonably safe for the purpose used;

      (4)   Such damage by fire, wind or other causes as render the dwelling unsafe;

      (5)   Dilapidation, decay, unsanitary conditions or disrepair which is dangerous to the health, safety or general welfare of the occupants of the dwelling, neighboring dwellings, or other residents;

      (6)   Inadequate facilities for egress in case of fire, accident or other calamities;

      (7)   Defects significantly increasing hazards of fire, accident or other calamities;

      (8)   Lack of adequate ventilation, light, heating or sanitary facilities to such an extent as to endanger the health, safety or general welfare of the occupants or other residents of the city;

      (9)   Lack of proper electrical heating or plumbing facilities required by this article which constitute a health or safety hazard;

      (10)   Lack of adequate weatherization;

      (11)   Lack of an operable smoke detector;

      (12)   Lack of connection to a potable water supply and/or to the public sewer or other approved sewage disposal system, the lack of either one of which renders a dwelling unfit for human habitation. For the purposes of this standard, a dwelling 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; or

      (13)   Any combination of substandard items which in the judgment of the Code Enforcement Supervisor or officer renders any dwelling dangerous or injurious to the health, safety, or general welfare of the occupants of the dwelling, the occupants of neighboring dwellings, or other residents of the city.

   (B)   Whenever the term “dwelling” is used in this article, it shall be construed as though followed by the phrase “or any part thereof.”

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   Every dwelling used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness and all of the requirements of this article. No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of this article. All work shall be done in a workmanlike manner.

   (B)   All structural repairs, alterations, or improvements to dwelling shall be performed in compliance with all applicable requirements of the State Building Code.

(Ord. No. 23-082, § 1, passed 12-14-2023)

      (1)   A foundation wall system shall support the building at all points and shall be free of holes, cracks, and loose mortar or masonry which would admit rodents, water or dampness to the interior of the building or which lessen the capability of the foundation to support the building.

      (2)   There shall be sound footings and adequate bearing.

      (3)   Piers shall be sound with no loose mortar or masonry.

      (4)   There shall be no wood stiff-knee piers.

      (5)   All underpinning shall be in good order and meet the minimum ventilation requirements set forth by the State Building Code.

      (6)   All masonry block and brick foundation systems or components shall have mortared or bonded joints.

      (7)   Every crawlspace door, doorway, or hatchway shall be maintained to prevent the entrance of rainwater and surface drainage water.

      (8)   Screening shall be provided for all crawlspace vents or openings.

      (1)   There shall not be decayed, termite-damaged, fire-damaged, broken, overloaded or sagging sills that adversely affect the structural integrity of the building framing system.

      (2)   Joists shall not be decayed or broken so as to adversely affect the structural integrity of the floor framing system.

      (3)   Flooring shall be weathertight without holes or cracks which permit excessive air to penetrate rooms.

      (4)   There shall be no loose flooring.

      (5)   Bathroom and kitchen flooring surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit the flooring to be easily kept in a clean and sanitary condition.

      (6)   All floor covering or finishing shall be constructed and maintained as not to constitute a trip hazard and kept in a clean and sanitary condition.

      (7)   There shall be no use of the ground for floors, or wood floors on the ground.

      (8)   Flooring shall be reasonably smooth and not decayed, fire damaged or worn through.

      (9)   Floors shall be reasonably level.

      (1)   The exterior of a dwelling shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

      (2)   All wood and metal surfaces including but not limited to, window frames, doors, door frames, cornices, porches and trim shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.

      (3)   All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads.

      (4)   All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

      (5)   All decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

      (6)   All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound and in good repair.

      (1)   The interior finish shall be free of holes and excessive cracks which permit air to penetrate rooms and, if painted or papered, shall be free of chips or excessive peeling.

      (2)   Interior wall finishes and trim shall be free of stains or moisture damage caused by leaks from roofing, or other sources.

      (3)   No loose plaster, loose boards or other loose wall materials shall be allowed.

      (4)   There shall be no cardboard, newspaper or highly combustible or improper wall finish; all wall materials shall be of the same or similar quality and material.

      (5)   There shall be no decayed or termite-damaged studs.

      (6)   There shall be no broken or cracked studs or other broken or cracked structure members allowed.

      (1)   There shall be no joists or beams which are decayed or broken, sagging or improperly supported.

      (2)   There shall be no holes or excessive cracks which permit air to penetrate rooms.

      (3)   There shall be no loose plaster, boards, gypsum wall board or other ceiling finish.

      (4)   There shall be no evidence of water damage.

      (5)   There shall be no cardboard, newspaper or highly combustible or improper wall finish; all wall materials shall be of the same or similar quality and material.

      (1)   Roofing shall be provided to prevent the entrance of moisture and shall be maintained by renewal, repair, waterproofing or other suitable means.

      (2)   Gutters and downspouts, if installed, shall be provided to properly collect, conduct and discharge the water from the roof and away from the dwelling.

      (3)   Roofs shall be supported and no rafters shall be rotted, broken, sagging or have improperly supported ends.

      (4)   Attics, that are required to be ventilated, shall have ventilation that allows the movement of air to dissipate excessive heat buildup. Heat buildup is excessive if it causes deterioration of any structural member or roofing member.

      (5)   Sheathing shall not be rotted, loose or sagging excessively.

      (6)   Roof covering shall not be loose, have missing shingles or other damaged roofing components, nor have holes, leaks, or evidence of current leaks.

      (7)   Adequate flashing shall be provided at walls and chimneys in a manner that continues to be effective.

      (8)   Roofs shall be kept free of vegetation which compromises or otherwise damages the integrity of materials or function of the roof, roof overhang, fascia, soffit, gutters, or other portion of the roof structure.

      (1)   Foundation flooring, ceiling and roofing for porches and raised platforms shall be equal to standards set forth in this section, except sills, joists, and floors need not be level if providing drainage of floors; floors need not be weather tight; the ceiling height may be seven feet; and the attic need not be vented.

      (2)   Roof post and attached railings shall be structurally sound.

      (3)   Every porch terrace or raised platform located at least 30 inches above the adjacent finished grade shall be equipped with guardrails not less than 36 inches high, unless other effective barriers provide adequate safety. Open guardrails shall have intermediate rails such that a six-inch sphere cannot pass through any opening.

      (1)   Stairs and steps shall be free of holes, grooves, and cracks large enough to constitute accident hazards.

      (2)   Stairwells and flights of stairs more than four risers high shall have rails not less than 34 inches measured vertically from the nose of the treads to the top of the rail.

      (3)   Every rail shall be firmly fastened and maintained in good condition.

      (4)   No flight of stairs shall be settled more than one inch out of its intended position or pulled away from supporting or adjacent structures.

      (5)   Supports shall not sag and shall be structurally sound and not likely to cause structural weakness in the future.

      (6)   Every stair riser shall be reasonably uniform in height, and treads shall be reasonably uniform in front to back width, sound and securely fastened in position and strong enough to bear a concentrated load of at least 300 pounds without danger of breaking through.

      (7)   Every exit stairway, deck porch, landing, balcony, exit, and all appurtenances shall be structurally sound with proper anchorage, and capable of supporting imposed loads.

(Ord. No. 23-082, § 1, passed 12-14-2023)

      (1)   All plumbing to be installed shall be installed in accordance with the State Plumbing Code.

      (2)   All plumbing shall be connected to the city sanitary sewer system where available or to another approved system.

      (3)   All fixtures shall be operable.

      (4)   There shall be no broken water closet bowls.

      (5)   Water closets shall not be loose or leaking. Water closet flush mechanisms shall be maintained in operating condition.

      (6)   No leaks shall be in a shower stall floor and/or wall.

      (7)   There shall be facilities for furnishing adequate hot water to each tub or shower, lavatory, and kitchen sink. All water heaters shall be in good condition, operate as intended, and comply with the current State Building Code at the time of construction.

      (8)   There shall be installed a potable water supply inside the building or structure for each unit.

      (9)   There shall be installed a water closet, tub or shower, lavatory and sink for each habitable unit. Kitchen and bathroom faucets shall be sealed.

      (10)   There shall be separate toilet facilities for each habitable unit.

      (11)   Toilet and bathing facilities shall be protected from the weather.

      (12)   Soil and water pipes shall be supported with no broken or leaking pipes.

      (13)   Every water closest compartment floor surface and bathroom floor surface shall be so constructed and maintained as to be reasonably impervious to water and so as to permit such floor to be readily kept in a clean and sanitary condition.

      (1)   Every dwelling shall be weatherproof and capable of being adequately heated, and the heating equipment in every dwelling shall be maintained in good order and repair.

      (2)   Every dwelling shall have facilities for providing heat in accordance with either of the following:

      (3)   All electric, gas and oil heating equipment installed on the premises shall be listed and labeled by an approved listing agency and installed in accordance with the provisions of the State Mechanical Code.

      (4)   There shall be no loose bricks in chimneys.

      (5)   There shall be no holes in flues.

      (6)   There shall be no hanging masonry chimneys.

      (7)   No combustible materials shall be within seven inches of the top and seven inches of either side of the fireplace opening.

      (8)   Fireplaces shall be closed with masonry when the chimney is used as a flue for a stove.

      (9)   Fireplaces, freestanding kerosene heaters, freestanding electric space heaters, and vent free gas appliances may be used for supplementary heating only and not for basic heat.

      (10)   When air conditions or cooling facilities are provided, such facilities and components shall be properly installed, safely operable, and maintained to perform as originally intended.

      (1)   In dwellings, no receptacles, ceiling fixtures, or other fixtures shall be hanging loose.

      (2)   All switches and receptacles shall be safely operable.

      (3)   Every habitable unit shall contain not less than two wall-type electrical convenience receptacles.

      (4)   There shall be installed in every habitable unit, bathroom, laundry room, hallway, stairway and furnace room at least one supplied ceiling or wall-type electrical light fixture; provided, further, that the ceiling light fixture may be omitted in the living room and bedrooms, provided three electrical convenience receptacles are installed, one of which is controlled from a wall switch.

      (5)   There shall be no unsafe wiring.

      (6)   Each habitable unit shall have electric service from a separately metered delivery system provided by a licensed utility company. No drop cords, extension cords or similar wiring mechanism may be utilized in any fashion other than in conformance with the purposes in which it was designed.

      (7)   No circuits shall be overloaded.

      (8)   Fuses shall be sized correctly and not bridged out.

      (9)   All new wiring to be installed shall be in accordance with the National Electrical Code.

(Ord. No. 23-082, § 1, passed 12-14-2023)

      (1)   Smoke detectors, either battery-operated or electrical, having the approval of Underwriters' Laboratories, Inc., shall be installed in each sleeping room and outside each separate sleeping area in the immediate vicinity of the bedrooms.

      (2)   After December 31, 2012, when installing a new smoke alarm or replacing an existing smoke alarm, install a tamper-resistant, ten-year lithium battery smoke alarm. However, said design is not required in either of the following circumstances:

         (a)   The dwelling is equipped with a hardwired smoke alarm with a battery backup.

         (b)   The dwelling is equipped with a smoke detector combined with a carbon monoxide detector that meets the requirements provided in subsection (B).

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   The window-glazed area in each habitable room of a dwelling shall not be less than 8% of the floor area or eight square feet, whichever is greater.

   (B)   The openable window area in each habitable room in a dwelling shall be equal to at least one-half of the minimum allowance window area and facing directly to the outside for ventilation unless the room is served by an approved ventilating system.

   (C)   All windows and doors opening to the outside shall be adequately screened unless the room is served by an approved ventilating system. Screens shall fit openings snugly, and the screen mesh shall not be torn or otherwise defective.

   (D)   Screens shall not be permanently fixed to the window frame or sash.

   (E)   Bathrooms shall provide ventilation through natural or mechanical means to the outside.

   (F)   All windows and doors in dwellings opening to the outside shall be reasonable weather tight, free of cracked or broken glass, and shall have operable locks. Any glazed area shall be glass.

   (G)   Kitchen exhaust equipment shall be operable, maintained, and vented to exterior. Ductless range hoods are not required to be vented to the exterior.

   (H)   Clothes dryer vents and ducts shall terminate on the exterior. Screens of a type that may trap lint shall not be installed at the termination. All ductwork shall be properly supported and free of obstructions which impede air flow.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   Those habitable rooms, which must be included to meet the foregoing minimum space requirements, shall be at least seven feet wide in any part with at least one-half of the floor area having a ceiling height as prescribed by the State Building Code. Not more than 50% of the required area may have a sloped ceiling less than the height prescribed by the State Building Code, with no portion of the required area less than five feet in height. If any room has a furred ceiling, the prescribed ceiling height is required for at least 50% of the area thereof, but in no case shall the height of the furred ceiling be less than that prescribed by the State Building Code.

   (B)   No basement shall be used as a habitable room or housing unit unless;

      (1)   The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness and condensation.

      (2)   The total windows area in each room is equal to at least the window area sizes prescribed for habitable rooms. (See section 9-1-98 for light and ventilation requirements.)

      (3)   Such required window area is located entirely above the grade of the ground adjoining such window unless provided with adequate window wells.

      (4)   The total openable window area in each room is equal to at least the area prescribed for habitable rooms (see section 9-1-98 for light and ventilation requirements), except where there is supplied some other device affording adequate ventilation and approved by the Code Enforcement Supervisor or officer.

   (C)   Toilet and bathing facilities shall be enclosed.

   (D)   There shall be no holes or excessive cracks in walls, ceilings, outside doors or outside windows.

   (E)   Doors shall be provided at all doorways leading to bedrooms, toilet rooms, and bathrooms and all rooms adjoining a public space. All interior doors and hardware shall be in good conditions, and free from defects or damage which prevents the door from operating as intended.

   (F)   All doors providing access to any dwelling shall have operable locks, and, in the case of dwellings, the owner or operator shall provide a change of locks or keys for new tenants.

   (G)   All doors opening to the outside shall be reasonably weathertight.

(Ord. No. 23-082, § 1, passed 12-14-2023)

      (1)   Exterior wood surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative with sufficient frequency to prevent deterioration.

      (2)   Floors, walls, ceilings, and fixtures shall be maintained in a clean and sanitary condition.

      (3)   Every dwelling and all parts thereof used or occupied as a place of habitation shall be kept in good repair, in safe condition and fit for human habitation. The roof and walls of all such dwellings shall be maintained so as not to leak; and all means of draining water therefrom shall be maintained as to prevent dampness in the walls, ceiling or crawl space or basement.

      (4)   All materials shall be of similar design and similar quality and shall meet the applicable standards set forth in the North Carolina State Building Code. Plumbing, mechanical, and electrical components shall meet the applicable standards set forth in the North Carolina State Building Code. The quality of workmanship shall be based on standards generally accepted in the construction industry.

      (5)   No dwelling or portion of a dwelling shall be permitted to have any door or windows boarded, secured, or obstructed with wood, plywood or other opaque material, unless authorized by the Code Enforcement Supervisor or officer. The Code Enforcement Supervisor or officer shall establish a policy regarding securing a dwelling.

      (1)   Fences and all accessory buildings or structures shall be maintained in a safe and substantial condition, and be kept in good repair. Accessory buildings or structures shall include, but are not limited to sheds, storage buildings and detached carports and garages.

      (2)   Retaining walls or any other wall supporting systems shall not present a physical hazard and shall be structurally safe and supported properly.

   (E)   Kitchen and bathroom countertops and cabinets shall be covered by nonabsorbent material and maintained so as to easily be kept clean and in sanitary condition.

(Ord. No. 23-082, § 1, passed 12-14-2023)

      (1)   Every dwelling shall have safe, unobstructed means of egress with a minimum ceiling height of seven feet leading to a safe and open space at ground level.

      (2)   Every exterior, cellar or basement door and hatchway shall be substantially weathertight and rodent-proof, and shall be kept in sound working condition and good repair.

      (3)   Every exterior door shall be provided with properly installed hardware that is maintained to ensure reasonable ease of operation to open, close and secure as intended by the manufacturer of the door and attached hardware.

      (4)   Exterior door frames shall be properly maintained and shall be affixed with weatherstripping and thresholds as required to be substantially weathertight, watertight and rodent- and insect-resistant when the door is in a closed position.

      (5)   Exterior door jams, stops, headers and molding shall be securely attached to the structure, maintained in good condition without splitting or deterioration that would minimize the strength and security of the door in a closed position.

      (6)   All exterior doors shall have manufactured locks specifically designed for use with exterior doors requiring a key to be unlocked from the outside.

      (7)   Every sleeping room shall have at least one openable window or exterior door approved for emergency egress or rescue. The units must be operable from the inside to a full clear opening without the use of a key or tool. Where windows are provided as a means of egress or rescue they shall have a sill height of not more than 44 inches above the floor.

      (8)   All egress or rescue windows from sleeping rooms must have a net clear opening of four square feet. The minimum net clear opening height shall be 22 inches. The minimum net clear opening width shall be 20 inches. Each egress window from sleeping rooms must have a minimum total glass area of not less than five square feet in the case of a second story window.

      (9)   Bars, grills, screens or other obstructions placed over emergency escape windows shall be releasable or removable from the inside without the use of a key or tool.

      (1)   There shall be one main exit, each at least 30 inches wide and six feet eight inches high, easily accessible to the occupants of each dwelling. All exit doors must be easily operable and remotely located. (See the State Building Code: Residential Code for exemptions.)

      (2)   Platforms, steps, and/or handrails provided to serve exits shall be maintained in safe condition.

      (3)   There shall be a safe, continuous and unobstructed exit from the interior of the dwelling to the exterior at street or grade level.

(Ord. No. 23-082, § 1, passed 12-14-2023)

      (1)   Supplied and installed screens on every door opening leading directly from the dwelling to outdoor space, except that sliding doors, doors with a self-closing device, doors on mobile homes with self-closing devices and doors that open into rooms of living spaces that are artificially ventilated or air conditioned are exempt from this provision.

      (2)   Supplied and installed screens on every window or other device with an opening to outdoor space, except that this requirement shall not apply for any room or rooms of a dwelling that are ventilated year round with an operable and installed heating and air conditioning system.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   All the provisions of this article, and all of the minimum standards and requirements of this article, shall be applicable to rooming houses, and to every person who operates a rooming house, or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as provided in the following subsections of this article:

(Ord. No. 23-082, § 1, passed 12-14-2023)

         (a)   Floors, floor coverings and other walking surfaces shall be kept clean and free of dirt, filth, garbage, human and animal wastes, litter, refuse and any other unsanitary matter;

         (b)   Walls, ceilings, windows and doorways shall be kept clean and free of dirt, greasy film, soot and any other unsanitary matter;

         (c)   Plumbing fixtures shall be kept in a clean and sanitary condition; and no material shall be deposited in any such fixture which may result in the obstruction of such fixture or of any lines connected thereto. Every occupant shall be responsible for the exercise of reasonable care in the proper use and operation of all plumbing fixtures; and

         (d)   All screens on windows and doors shall be maintained in good condition. This subsection shall not be construed as requiring any occupant to furnish and install, or cause to be installed, screens on windows or doors at any building or structure.

         (a)   The exterior property areas of all premises shall be kept free of objects and materials, including abandoned or immobile motor vehicles, which may create a hazard to the health and safety of the occupants or surrounding community or which is a public nuisance.

         (b)   All sheds, barns, garages, fences and other appurtenant structures standing on the premises shall be kept in good repair.

         (c)   All required screens shall be furnished and installed in the building or structure and shall be maintained in good condition.

         (a)   Preventing the entrance by blocking or stopping up all passages, by which rats may secure entry from the exterior with rat-impervious material;

         (b)   Preventing the interior infestation by rat stoppage, harborage removal, the paving of basements, cellars and any other areas which are in contact with the soil, and such cleanliness as may be necessary to eliminate rat breeding places;

         (c)   Providing screens or such other devices for basement windows which might provide a point of entry for rodents.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   All exterior alterations or repairs required by the provisions of this article to structures that are identified and classified by the City Council as a designated landmark or being within a historic district must meet the requirements of the city as administered by the Historic Preservation Commission.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The Code Enforcement Supervisor or officer is hereby designated as the public officer to enforce the provisions of this article and to exercise the duties and powers herein prescribed. It shall be the duty of the Code Enforcement Supervisor or officer:

   (A)   To investigate the dwelling conditions and to inspect dwellings located in the city in order to determine which dwellings are unfit for human habitation and for the purpose of carrying out the objectives of this article with respect to the dwellings;

   (B)   To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;

   (C)   To keep a record of the results of inspections made under this article and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed; and

   (D)   To perform such other duties as may be herein prescribed.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The Code Enforcement Supervisor or officer is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this article, including the following powers in addition to others herein granted:

   (A)   To investigate the dwelling conditions in the city in order to determine which dwellings are unfit for human habitation;

   (B)   To administer oaths and affirmations, examine witnesses and receive evidence;

   (C)   To enter upon premises for the purpose of making examinations and inspections, provided that the entries shall be made in accordance with law and in such manner as to cause the least possible inconvenience to the persons in possession; and

   (D)   To appoint and fix duties of such officers, agents and employees as they deem necessary to carry out the purposes of this article.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Except as may otherwise be provided by statute, local law or ordinance, no city officer, agent, official (elected or appointed) or employee charged with the enforcement of this article shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties under this chapter unless they acted with actual malice.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   In accordance with G.S. 160D-109, no staff member shall make a final decision on an administrative decision required by this article if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.

   (B)   No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this article unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with their duties or with the interest of the local government, as determined by the local government.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   For the purpose of making inspections, the Code Enforcement Supervisor or officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, and premises. The owner or occupant of every dwelling, dwelling unit, rooming unit, or the person in charge thereof, shall give the Code Enforcement Supervisor or officer free access to the dwelling, dwelling unit, rooming unit and its premises at all reasonable times for the purpose of the inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his or her agent or employee, access to any part of the dwelling or dwelling unit and its premises, at all reasonable times for the purpose of making the repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful order issued pursuant to the provisions of this article.

(Ord. No. 23-082, § 1, passed 12-14-2023)

      (1)   Whenever a petition is filed with the Code Enforcement Supervisor or officer by a public authority or by at least five residents of the city at least 18 years of age charging that any dwelling is unfit for human habitation, or whenever it appears to the Code Enforcement Supervisor or officer, upon inspection, that any dwelling is unfit for human habitation, they shall, if their preliminary investigation discloses a basis for the charges, cause to be served upon the owner and the parties in interest in the dwelling a complaint stating the charges and containing a notice that an administrative hearing will be held before the Code Enforcement Supervisor or officer at a place and time fixed in the complaint, not less than ten days nor more than 30 days after the serving of the complaint.

      (2)   It shall be unlawful for the owner or the parties in interest upon whom such complaint has been served to permit any person to occupy any dwelling, at the time of service of such complaint is vacant, or which shall subsequently become vacant, until such owner or parties in interest shall have obtained from the Code Enforcement Supervisor or officer a certificate of compliance. The Code Enforcement Supervisor or officer shall issue such certificate of compliance upon a determination that the dwelling complies in all respects with the provisions of this article.

      (3)   The owner or any party in interest shall have the right to correct the violation or to file an answer to the complaint and to appear in person, by phone, or virtually and give testimony at the place and time fixed in the complaint. Notice of the hearing shall also be given to at least one person signing a petition relating to the dwelling. Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in administrative hearings before the Code Enforcement Supervisor or officer.

      (1)   If the Code Enforcement Supervisor or officer determines that the dwelling is deteriorated, they shall state in writing their findings of fact in support of the determination and shall issue and cause to be served upon the owner and parties in interest thereof an order directing and requiring the owner to repair, alter, or improve the dwelling to comply with the minimum standards of fitness established by this article or to vacate and close the dwelling within a specified period of time, not less than 30 days and not more than 90 days.

      (2)   If the Code Enforcement Supervisor or officer determines that the dwelling is dilapidated, they shall state in writing their findings of fact in support of that determination and shall issue and cause to be served upon the owner and parties in interest thereof an order directing and requiring the owner to remove or demolish the same within a specified period of time, not less than 30 days and not more than 90 days.

      (1)   An appeal from any decision or order of the Code Enforcement Supervisor or officer may be taken by any person aggrieved thereby. Any appeal from the Code Enforcement Supervisor or officer shall be taken within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the Code Enforcement Supervisor or officer and with the Board of Adjustment.

      (2)   The Board shall fix a reasonable time for the hearing of all appeals, shall give notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney.

      (3)   Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   If the City Council shall have adopted an ordinance, or the Code Enforcement Supervisor or officer shall have issued an order, ordering a dwelling to be repaired, altered or improved or vacated and closed, as provided in section 9-1-111, and if the owner has vacated and closed the dwelling and kept the dwelling vacated and closed for a period of six months pursuant to the ordinance or order, then if the City Council shall find that the owner has abandoned the intent and purpose to repair, alter or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of the city in that the building or structure would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, then in such circumstances, the City Council may, after the expiration of the six-month period, enact an ordinance and serve the ordinance on the owner, setting forth the following:

      (1)   If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require that the owner either repair, alter or improve, or demolish and remove the dwelling within 90 days; or

      (2)   If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require that the owner demolish and remove the dwelling within 90 days.

   (B)   An ordinance adopted pursuant to this section shall be recorded in the office of the Register of Deeds of Pitt County and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with that ordinance, the Code Enforcement Supervisor or officer shall effectuate the purpose of the ordinance. The cost to repair, alter, or improve, or demolish and remove the dwelling shall be a lien against the real property upon which the cost was incurred. The lien shall be filed, have priority and be collected in the same manner as the lien for special assessments established by G.S. Chapter 160A, Article 10.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   Any abandoned structure that is a health or safety hazard 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 shall be repaired, closed, or demolished. It shall be unlawful for the owner of an abandoned structure to allow the abandoned structure to become or to remain a health or safety hazard as defined in this subsection.

   (B)   The Code Enforcement Supervisor or officer shall have the authority to attempt to accomplish the repair, alteration, or improvement, or closing, or removal or demolition of the abandoned structure through the procedures set out in section 9-1-111, except that if the estimated cost to repair the structure is 50% or more of its value, the structure shall be considered dilapidated, and the Code Enforcement Supervisor or officer shall order that it be removed or demolished. Upon the failure of the owner of an abandoned structure to comply with an order of the Code Enforcement Supervisor or officer to repair, alter, or improve, or close, or remove or demolish such structure, the Code Enforcement Supervisor or officer shall present the matter to the City Council. If the City Council finds that the abandoned structure is unsafe pursuant to subsection (A), it may adopt an ordinance ordering the Code Enforcement Supervisor or officer to cause such abandoned structure to be repaired, altered, or improved, or closed, or removed or demolished. Each such ordinance shall be recorded as provided in section 9-1-111(D), and the cost of any repair, altering, or improving, closing, or removal or demolition caused to be made by the Code Enforcement Supervisor or officer shall be a lien on the premises as provided in section 9-1-115.

   (C)   For the purpose of subsection (A) and (B), the term “abandoned structure” shall mean any dwelling thereon that has been vacant or not in active use, regardless of purpose or reason, for the past six month period and is maintained in an uninhabitable condition or a condition of disrepair or deterioration and which is determined by the Code Enforcement Supervisor or officer to be unfit for human habitation or occupancy based upon the standards as set forth in this article.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   In accordance with G.S. 160D-1206, complaints or orders issued by the Code Enforcement Supervisor or officer under this article shall be served upon persons either personally or by registered or certified mail and, in conjunction therewith, may be served by regular mail. When the manner or service is by regular mail in conjunction with registered or certified mail, and the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after mailing, service shall be deemed sufficient. The person mailing the notice or order by regular mail shall certify that fact and the date thereof, and the certificate shall be conclusive in the absence of fraud.

   (B)   If the identities of any owner or the whereabouts of persons are unknown and cannot be ascertained by the Code Enforcement Supervisor or officer in the exercise of reasonable diligence, and the Code Enforcement Supervisor or officer makes an affidavit to that effect, then the serving of the complaint or order upon the unknown owners or other persons may be made by publication in a newspaper having general circulation in the city at least once no later than the time at which personal service would be required under the provisions of this article. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   As provided by G.S. 160D-1203, the amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the Code Enforcement Supervisor or officers shall be a lien against the real property upon which the cost was incurred. Such lien shall be filed, have the same priority, and be collected as the lien for special assessment.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Neither this article nor any of its provisions shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this article by criminal process as authorized by G.S. 160D-1203(4), and section 9-1-119 of this article, and the enforcement of any remedy provided herein or in other ordinances or laws.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   All appeals which may be taken from decisions or orders of the Code Enforcement Supervisor or officer pursuant to section 9-1-111(E) of this article shall be heard and determined by the Board of Adjustment. As the appeals body, the Board shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties. In addition to its other duties as prescribed under this title, and applicable state laws, the Board shall perform the duties prescribed by section 9-1-111(E) and shall keep an accurate journal of all its proceedings.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   In the event any provision standard or requirement of this article is found to be in conflict with any other ordinance or code of the city, the provisions which establish the higher standard or more stringent requirement for the promotion and protection of health and safety of the residents of the city shall prevail; provided, however, such provision, standard, or requirement shall be consistent with applicable state laws.

(Ord. No. 23-082, § 1, passed 12-14-2023)

      (1)   It shall be unlawful for the owner of any dwelling to fail, neglect, or refuse to repair, alter or improve the same, or to vacate and close, or demolish and remove the same, upon order of the Code Enforcement Supervisor or officer duly made and served in accordance with the provisions of this article, within the time specified in such order, and each day that any such failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense.

      (2)   It shall be unlawful for the owner of any dwelling, with respect to which an order has been issued pursuant to section 9-1-111 of this article, to occupy or permit the occupancy of the same in a dilapidated or deteriorated condition found to be unfit for human habitation in violation of such order for its repair, alteration, improvement, or its vacation, closing or demolition, and each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.

         (a)   A civil action in the nature of a debt.

         (b)   The use of a collections agency and the assessment of an administrative fee.

         (c)   The use of the provisions of Chapter 105A (the Setoff Debt Collection Act) and G.S. 18C-134.

         (d)   Equitable remedies issued by a court of competent jurisdiction.

         (e)   Any other method authorized by law to secure, collect, satisfy, or otherwise recover any civil penalty owed.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   This article shall be known and may be cited and referred to as the “Nonresidential Building or Structure Code.”

(Ord. No. 23-082, § 1, passed 12-14-2023)

   In order to protect the health, safety and welfare of the city and its citizens, it is the purpose of this article to establish minimum standards of maintenance, sanitation, and safety relating to nonresidential buildings or structures, as expressly authorized by G.S. 160D-1129. This article provides for the repair, closing or demolition of nonresidential buildings or structures as a result of a public necessity caused by conditions that are dangerous to the public health, safety and welfare.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   The provisions of this article shall apply to all nonresidential buildings or structures which are now in existence or which may be built within the corporate limits of the city.

   (B)   Every nonresidential building or structure and the premises on which it is situated shall comply with the provisions of this article, whether or not the building or structure shall have been constructed, altered or repaired before or after the enactment of this article, and irrespective of any permits or licenses which have been issued for the use or occupancy of the building or structure or for the installment or repair of equipment or facilities. This article establishes minimum standards for all nonresidential buildings and structures and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building or structure, equipment or facilities contained therein.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   All nonresidential buildings and structures shall be free of all conditions that are dangerous and injurious to the public health, safety and welfare of occupants or members of the general public.

   (B)   Without limitation of the foregoing requirement, the existence of any of the following conditions shall be deemed to be dangerous to the public health, safety and welfare for which a public necessity exists for the repair, closing or demolition of the building or structure and must be corrected in accordance with the provisions of this article:

      (1)   Interior walls, vertical studs, partitions, supporting members, sills, joists, rafters, or other basic structural members that list, lean, or buckle to such an extent as to render the building unsafe, that are rotted, deteriorated or damaged, and that have holes or cracks which might admit rodents;

      (2)   Exterior walls that are not structurally sound, free from defects and damages, and capable of bearing imposed loads safely. Where a wall of a building has become exposed as a result of demolition of adjacent buildings, the wall must have all doors, windows, vents or other similar openings closed with material of the type comprising the wall. The exposed wall shall be painted, stuccoed or bricked and sufficiently weatherproofed to prevent deterioration of the wall;

      (3)   Floors or roofs which have improperly distributed loads, which are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used. Roofs shall be kept structurally sound and shall be maintained in such a manner so as to prevent rain or other objects from penetrating into the interior of the building;

      (4)   Such damage by fire, wind or other causes as to render the building unsafe;

      (5)   Dilapidation, decay, unsanitary conditions or disrepair, which is dangerous to the health and safety of the occupants or members of the general public;

      (6)   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 members of the general public;

      (7)   Buildings and structures including their environs that have accumulations of garbage, trash or rubbish, which creates health and sanitation problems. All garbage and solid waste shall be in approved containers or stored in a safe and sanitary manner;

      (8)   Buildings and structures that have loose and insufficiently anchored overhanging objects, which constitute a danger of falling on persons or property;

      (9)   Buildings and structures including their environs that have insufficiently protected holes, excavations, breaks, projections, obstructions, and other such dangerous impediments on and around walks, driveways, parking lots, alleyways and other areas which are accessible to and generally used by persons on or around the premises;

      (10)   Buildings and structures that have 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 and repaired or replaced with like or similar material according to its original use;

      (11)   Buildings and structures that have objects and elements protruding from building walls or roofs, 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;

      (12)   Chimneys, flues and vent attachments thereto which are not 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;

      (13)   Exterior porches, landings, balconies, stairs, or fire escapes which are not structurally sound. 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 sound, in good repair and free of defects;

      (14)   Cornices which are not structurally sound. Rotten or weakened portions shall be repaired and/or replaced. All exposed wood shall be treated or painted;

      (15)   Improperly attached gutters or down-spouts that are located so as to cause a hazard to pedestrian, vehicular traffic or adjacent property;

      (16)   Advertising sign structures, attached or freestanding awnings, marquees and their supporting members, and other similar attachments and structures that cause a safety hazard to the occupants or members of the general public;

      (17)   All exterior surfaces that may cause unsafe conditions due to a lack of maintenance. Exterior surfaces shall be painted or sealed in order to protect the underlying surface from deterioration. All exterior surfaces that have been painted shall be maintained generally free of peeling and flaking. Where 50% or more of the aggregate of any painted surface shall have peeling or flaking or previous paint worn away, the entire surface shall be repainted in order to prevent further deterioration;

      (18)   Windows containing broken or cracked glass that could be in danger of falling or shattering. 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;

      (19)   All openings originally designed as windows, doors, loading docks or other means of egress or ingress which have been temporarily closed by boarding or other manner in a nonsecure manner so as to allow unauthorized admittance. If an opening is temporarily closed by boarding to secure the building or structure, the boarding shall be trim fit, sealed to prevent water intrusion, and painted or stained to properly conform with the other exterior portions of thebuilding and the building or structure shall be maintained in a state that secures the building or structure from any unauthorized admittance from humans, animals or birds; and

      (20)   Any combination of conditions which in the judgment of the Enforcement Officer renders any building or structure dangerous or injurious to the health, safety or general welfare of occupants or members of the general public.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   The Enforcement Officer is hereby designated as the public officer to enforce the provisions of this article and to exercise the duties and powers herein prescribed.

   (B)   It shall be the duty of the Enforcement Officer:

      (1)   To investigate the conditions of nonresidential buildings and structures in the city and to inspect nonresidential buildings and structures located in the city in order to determine which nonresidential buildings and structures are not being maintained so that the health and safety of its occupants or members of the general public are jeopardized, and for the purpose of carrying out the objectives of this article with respect to the nonresidential buildings and structures;

      (2)   To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect the repair or demolition of nonresidential buildings and structures which have not been properly maintained in compliance with minimum standards established by this article;

      (3)   To keep a record of the results of inspections made under this article and an inventory of those nonresidential buildings and structures which have not been properly maintained in compliance with the minimum standards established by this article; and

      (4)   To perform such other duties as may be herein prescribed.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The Enforcement Officer is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this article, including the following powers in addition to others herein granted:

   (A)   To investigate nonresidential buildings and structures in the city to determine whether they have been properly maintained in compliance with the minimum standards established by this article so that the safety or health of the occupants or members of the general public are not jeopardized;

   (B)   To administer oaths and affirmations, examine witnesses and receive evidence;

   (C)   To enter upon premises for the purpose of making examinations and inspections, provided that the entries shall be made in accordance with law and in such manner as to cause the least possible inconvenience to the persons in possession; and

   (D)   To appoint and fix duties of such officers, agents and employees as the Enforcement Officer deems necessary to carry out the purposes of this article.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   No officer, agent, official (elected or appointed) or employee of the city shall render themselves personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties under this article.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   In accordance with G.S. 160D-109, No staff member shall make a final decision on an administrative decision required by this article if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.

   (B)   No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this article unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with their duties or with the interest of the local government, as determined by the local government.

   (C)   In accordance with G.S. 160D-1108, staff members, agents, or contractors responsible for building inspections shall comply with G.S. 160D-109(c). No member of Inspections Division shall be financially interested or employed by a business that is financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of any building within the City of Greenville’s planning and development regulation jurisdiction or any part or system thereof, or in the making of plans or specifications therefor, unless he is the owner of the building. No member of an Inspections Division or other individual or an employee of a company contracting with the city to conduct building inspections shall engage in any work that is inconsistent with their duties or with the interest of the City of Greenville, as determined by the city. The City of Greenville must find a conflict of interest if any of the following is the case:

      (1)   If the individual, company, or employee of a company contracting to perform building inspections for the City of Greenville has worked for the owner, developer, contractor, or project manager of the project to be inspected within the last two years.

      (2)   If the individual, company, or employee of a company contracting to perform building inspections for the City of Greenville is closely related to the owner, developer, contractor, or project manager of the project to be inspected.

      (3)   If the individual, company, or employee of a company contracting to perform building inspections for the City of Greenville has a financial or business interest in the project to be inspected.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   For the purpose of making inspections, the Enforcement Officer is hereby authorized to enter, examine and survey, at all reasonable times, nonresidential buildings and structures.

   (B)   If entry upon the premises for purposes of investigation is necessary, the entry shall be made pursuant to a duly issued administrative search warrant in accordance with G.S. 15-27.2 or with permission of the owner, the owner’s agent, a tenant or other perso

      (1)   If, after notice and hearing, the Enforcement Officer determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by this article, the Enforcement Officer shall state, in writing, findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order in accordance with the provisions of subsections (C)(2) and (C)(3) of this section and subject to the limitations set forth in sections 9-1-132 and 9-1-133.

      (2)   If the Enforcement Officer determines that the cost of repair, alteration or improvement of the building or structure would not exceed 50% of its then current value, then the Enforcement Officer shall state in writing the findings of fact in support of the determination and issue an order that requires the owner to either: repair, alter or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by this article; or vacate and close the nonresidential building or structure for any use, not less than 30 days and not more than 90 days.

      (3)   If the Enforcement Officer determines that the cost of repair, alteration or improvement of the building or structure would exceed 50% of its then current value, then the Enforcement Officer shall state in writing the findings of fact in support of the determination and issue an order that requires the owner to either: remove or demolish the nonresidential building or structure; or repair, alter or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this article, not less than 30 days and not more than 90 days.

      (1)   If the owner fails to comply with an order to either repair, alter or improve the nonresidential building or structure, or vacate and close the nonresidential building or structure, the Enforcement Officer shall submit to the City Council an ordinance ordering the Enforcement Officer to cause the nonresidential building or structure to be repaired, altered or improved in order to bring it into compliance with the minimum standards established by this article or to be vacated and closed for any use. The property shall be described in the ordinance. If City Council adopts the ordinance, the Enforcement Officer shall cause the building or structure to be vacated and closed for any use.

      (2)   If the owner fails to comply with an order to either: remove or demolish the nonresidential building or structure; or repair, alter or improve the nonresidential building or structure, the Enforcement Officer shall submit to the City Council an ordinance ordering the Enforcement Officer to cause the nonresidential building or structure to be removed or demolished. No ordinance shall be adopted to require removal or demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity to bring it into conformity with the minimum standards established by the City Council. The property shall be described in the ordinance. If City Council adopts the ordinance, the Enforcement Officer shall cause the building or structure to be removed or demolished.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Notwithstanding any other provision of this article, if the nonresidential building or structure is designated as a local historic landmark, listed in the National Register of Historic Places, or located in a locally designated historic district or in a historic district listed in the National Register of Historic Places and the City Council determines, after a public hearing, that the nonresidential building or structure is of individual significance or contributes to maintaining the character of the district, and the nonresidential building or structure has not been condemned as unsafe, an order issued by the Enforcement Officer pursuant to section 9-1-131(C) and an ordinance approved by City Council pursuant to section 9-1-131(D) may only require that the nonresidential building or structure be vacated and closed until it is brought into compliance with the minimum standards established by this article.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Notwithstanding any other provision of this article, an order issued by the Enforcement Officer pursuant to section 9-1-131(C) and an ordinance approved by City Council pursuant to section 9-1-131(D) may not require repairs, alterations or improvements to be made to a vacant manufacturing facility or a vacant industrial warehouse to preserve the original use. The order and ordinance may require the building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   If the City Council has adopted an ordinance or the Enforcement Officer has issued an order requiring the building or structure to be repaired, altered or improved, or vacated and closed, and the building or structure has been vacated and closed for a period of two years pursuant to the ordinance or order, then if the City Council finds that the owner has abandoned the intent and purpose to repair, alter or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety and welfare of the city in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area, then City Council may, after the expiration of the two-year period, adopt an ordinance and serve the ordinance on the owner, setting forth the following:

      (1)   The ordinance shall require that the owner either demolish and remove the nonresidential building or structure within 90 days, or repair, alter, or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this article within 90 days.

      (2)   The ordinance shall require that if the owner does not either demolish and remove the nonresidential building or structure within 90 days, or repair, alter or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this article within 90 days, then the Enforcement Supervisor or officer shall demolish and remove the nonresidential building or structure.

   (B)   In the case of a vacant manufacturing facility or a vacant industrial warehouse, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before City Council may take action under this section.

   (C)   If the owner fails to comply with the requirements of the ordinance within 90 days, the Enforcement Officer shall demolish and remove the nonresidential building or structure.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   In accordance with G.S. 160D-1129(h), complaints or orders issued by the Enforcement Officer under this article shall be served upon persons either personally or by certified mail, so long as the means used are reasonably designed to achieve actual notice. When service is made by certified mail, a copy of the complaint or order may also be sent by regular mail. When the manner of service is by regular mail in conjunction with certified mail, and the certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after mailing, service shall be deemed sufficient. The person mailing the complaint or order by regular mail shall certify that fact and the date thereof, and the certificate shall be conclusive in the absence of fraud. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

   (B)   If the identities of any owner or the whereabouts of persons are unknown and cannot be ascertained by the Enforcement Officer in the exercise of reasonable diligence, and the Enforcement Officer makes an affidavit to that effect, then the serving of the complaint or order upon the unknown owners or other persons may be made by publication in a newspaper having general circulation in the city at least once no later than the time at which personal service would be required under the provisions of this article. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   As provided by G.S. 160D-1129(i), the amount of the cost of any repairs, alterations or improvements, or vacating and closing, or removal or demolition, caused to be made or done by the Enforcement Officer pursuant to sections 9-1-131(D) or 9-1-134 shall be a lien against the real property upon which the costs were incurred. The lien shall be filed, have the same priority, and be enforced and the costs collected as provided by G.S. Chapter 160A, Article 10. The amount of the costs shall also be a lien on any other real property of the owner located within the city limits except for the owner’s primary residence. The additional lien provided in this subsection is inferior to all prior liens and shall be collected as a money judgment.

   (B)   If the nonresidential building or structure is removed or demolished by the Enforcement Officer, the Enforcement Officer shall offer for sale the recoverable materials of the building or structure and any personal property, fixtures or appurtenances found in or attached to the building or structure and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition. Any balance remaining shall be deposited in the superior court by the Enforcement Officer, 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 or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of the City Council to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   If any occupant fails to comply with an order to vacate a nonresidential building or structure, the Enforcement Officer may file a civil action in the name of the city to remove the occupant. The action to vacate shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties defendant any person occupying the nonresidential building or structure. 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 Enforcement Officer produces a certified copy of an ordinance adopted by the City Council pursuant to G.S. 160D-1129(f) and section 9-1-131(D) to vacate the occupied nonresidential building or structure, the magistrate shall enter judgment ordering that the premises be vacated and all persons be removed. The judgment ordering that the nonresidential building or structure be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. 42-30. An appeal from any judgment entered under this section by the magistrate may be taken as provided in G.S. 7A-228, and the execution of the judgment may be stayed as provided in G.S. 7A-227. An action to remove an occupant of a nonresidential building or structure who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this section unless the occupant was served with notice, at least 30 days before the filing of the summary ejectment proceeding, that the City Council has ordered the Enforcement Officer to proceed to exercise his or her duties under G.S. 160D-1129(f) and section 9-1-131(D) to vacate and close or remove and demolish the nonresidential building or structure.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   An ordinance adopted by City Council pursuant to sections 9-1-131(D) or 9-1-134 of this article shall be recorded in the office of the Register of Deeds of Pitt County and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. 160D-1129(f) and (g).

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Neither this article nor any of its provisions shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this article by criminal process as authorized by G.S. 160D-1120 and section 9-1-143 of this article, and the enforcement of any remedy provided herein or in other ordinances or laws.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   All appeals which may be taken from decisions or orders of the Enforcement Officer pursuant to this article shall be heard and determined by the Board of Adjustment. As the appeals body, the Board shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties.

   (B)   Appeals shall be subject to the following:

      (1)   An appeal from any decision or order of the Enforcement Officer may be taken by any person aggrieved thereby, and otherwise entitled to bring an appeal under applicable state law. Any appeal from the Enforcement Officer shall be taken within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the Enforcement Officer’s Department Head or their designee and with the Board of Adjustment a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Enforcement Officer shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made. When the appeal is from a decision of the Enforcement Officer refusing to allow the person aggrieved thereby to do any act, the Enforcement Officer’s decision shall remain in force until modified or reversed. When any appeal is from a decision of the Enforcement Officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Enforcement Officer certifies to the Board, after the notice of appeal is filed, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant) a suspension of the requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day’s written notice to the Enforcement Officer, by the Board, or by a court of record upon petition made pursuant to G.S. 160D-1208(d) and section 9-1-141.

      (2)   The Board shall fix a reasonable time for the hearing of all appeals, shall give notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Enforcement Officer, but the concurring vote of four-fifths of the members of the Board shall be necessary to reverse or modify any decision or order of the Enforcement Officer. The Board shall have power also in passing upon appeals, in any case when practical difficulties or unnecessary hardships would result from carrying out the strict letter of this article, to adapt the application of the article to the necessities of the case to the end that the spirit of the article shall be observed, public safety and welfare secured, and substantial justice done.

   (C)   Every decision of the Board shall be subject to review by the superior court by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   Any person aggrieved by an order issued by the Enforcement Officer or a decision rendered by the Board of Adjustment shall have the right within 30 days after issuance of the order or rendering of the decision, to petition the Superior Court for a temporary injunction restraining the Enforcement Officer pending a final disposition of the cause, as provided by G.S. 160D-1208(d).

(Ord. No. 23-082, § 1, passed 12-14-2023)

   In the event any provision standard, or requirement of this article is found to be in conflict with any other ordinance or code of the city, the provisions which establishes the higher standard or more stringent requirement for the promotion and protection of health and safety of the citizens of the city shall prevail.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   It shall be unlawful for the owner of any nonresidential building or structure to fail, neglect or refuse to repair, alter or improve the same, or to vacate and close and remove or demolish the same, upon order of the Enforcement Officer duly made and served in accordance with the provisions of this article, within the time specified in the order, and each day that any such failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any nonresidential building or structure, with respect to which an order has been issued pursuant to section 9-1-131(C) of this article, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration, improvement, or its vacation and closing, and each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.

         (a)   A civil action in the nature of a debt.

         (b)   The use of a collections agency and the assessment of an administrative fee.

         (c)   The use of the provisions of Chapter 105A (the Setoff Debt Collection Act) and G.S. 18C-134.

         (d)   Equitable remedies issued by a court of competent jurisdiction.

         (e)   Any other method authorized by law to secure, collect, satisfy, or otherwise recover any civil penalty owed.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   It is the purpose of this article to promote the health, safety and general welfare of the citizens and preserve the dignity and peace of the city by establishing regulations governing boarded up buildings or structures and dwellings in order to prevent their detrimental effects in the city’s neighborhoods.

   (B)   The Code Enforcement Division shall be responsible for the administration and enforcement of the provisions of this article and shall have the following authority:

      (1)   To inspect the properties;

      (2)   To obtain administrative search and inspection warrants, if necessary, as provided in G.S. 15-27.2; and

      (3)   To issue notices of violation and impose civil penalties.

   (C)   The provisions of this section shall apply to the following:

      (1)   Abandoned structures which are being vacated and closed as a result of an order by the Code Enforcement Supervisor or officer or an ordinance adopted by City Council pursuant to the abandoned structure provisions of Article F of this chapter;

      (2)   Dwellings which are being vacated and closed as a result of an order by the Code Enforcement Supervisor or officer or an ordinance adopted by City Council pursuant to the Minimum Housing Code provisions of Article E of this chapter; and

      (3)   Nonresidential buildings or structures which are being vacated and closed as a result of an order by the Enforcement Supervisor or officer or an ordinance adopted by City Council pursuant to the Nonresidential Building or Structure Code provisions of Article G of this chapter.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   When a building or structure or dwelling subject to the provisions of this section is closed or secured, all openings to be boarded shall be covered in one piece of wood, cut to size to fit and secured by screws no less than three inches in length. Broken windows must be either completely repaired or securely boarded. Boards secured to openings shall be painted after installation to match the primary color or trim color of the residence to minimize the appearance of a dilapidated structure. The building or structure will be closed or secured in compliance with the checklist of materials and procedures prepared by the Code Enforcement Division and filed in the office of the City Clerk.

   (B)   After a building or structure or dwelling subject to the provisions of this section is closed or secured, the owner or manager of the building or structure or dwelling shall remain responsible for compliance with maintenance of the exterior including the grounds and for interior safety including preventing access to the interior during the period of closure.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   (A)   The Code Enforcement Supervisor or officer shall notify the owner of a boarded up building or structure or dwelling of a violation of this article and the owner shall have ten business days from the date of the notice of violation to abate the violation.

         (a)   A civil action in the nature of a debt.

         (b)   The use of a collections agency and the assessment of an administrative fee.

         (c)   The use of the provisions of Chapter 105A (the Setoff Debt Collection Act) and G.S. 18C-134.

         (d)   Equitable remedies issued by a court of competent jurisdiction.

         (e)   Any other method authorized by law to secure, collect, satisfy, or otherwise recover any civil penalty owed.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   If damages occur to any city-owned, -occupied or -maintained property as a result of the moving activities, or if the activities cause the use of city personnel for traffic control or other ancillary assistance, the cost of repairs or expenses will be retained by the city from the bond. However, the mover is liable for all such damages and expenses and his or her liability is not limited to the amount of bond.

(Ord. No. 23-082, § 1, passed 12-14-2023)

   After verification by the Building Inspector and police that no damages or expenses occurred in the moving, the entire bond will be returned to the mover. If damages or expenses were incurred, the amount of the bond remaining, if any, after payment of the damages and expenses, will be returned to the mover.

(Ord. No. 23-082, § 1, passed 12-14-2023)