This article shall be known as the Town of Jamestown Nuisance Abatement, Property Maintenance Code and Minimum Housing Code.

The Town of Jamestown has determined that poorly maintained properties can lead to neighborhood decline by contributing to lower property values and by and discouraging potential buyers from purchasing in neighborhoods with poorly maintained properties. Additionally, the Town has determined that poorly maintained properties create public safety impacts, including creating fire and other life safety hazards, serving as places for the infestation of insects and vermin, and creating attractive public nuisances. The Town recognizes that it has an obligation to protect its residential and nonresidential neighborhoods from decline and devaluation and to maintain public health and safety. Consequently, the Town has established the following regulations for nuisance abatement and the maintenance of properties within its corporate jurisdiction and its extraterritorial jurisdiction.

The provisions of this code shall apply to all structures, premises and properties within the corporate jurisdiction of the Town of Jamestown and its extraterritorial jurisdiction.

24.4-1.

General Provisions. The provisions of this article 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 dwelling or any appurtenances connected, attached, or used in connection with any dwelling.

(B)

The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of building sewers, building drains, waste and vent systems, hot and cold-water supply systems, and all fixtures and appurtenances thereof.

The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air conditioning or refrigerating systems, fuel burning equipment, and appurtenances thereof; and

24.4-2.

State Building Code and International Property Maintenance Code Adopted. The current version of the North Carolina State Building Code and the International Property Maintenance Code (IPMC) is hereby adopted, and any later adopted versions of the State Building Code or the IPMC shall be deemed adopted by the Town without further action by the town council.

24.4-3.

Compliance with State Building Code and International Property Maintenance Code. All dwellings, nonresidential buildings and other structures which are hereafter constructed, reconstructed, erected, altered, extended, enlarged, repaired, demolished, or moved shall conform to the requirements of the North Carolina State Building Code and the International Property Maintenance Code.

24.4-4.

Finding; Purpose.

(A)

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

(B)

In order to protect the health, safety, and welfare of the residents of the Town, as authorized by G.S. § 160D-1201 et seq., it is the purpose of this article to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. § 160D-1205.

24.4-5.

Fitness of Dwellings and Dwelling Units.

(A)

Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with the North Carolina State Building Code and IPMC and all of the minimum standards of fitness for human habitation and other requirements this code.

(B)

No person shall occupy as owner-occupant or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with the North Carolina State Building Code and IPMC and all the minimum standards of fitness for human habitation and other requirements of this code.

24.4-6.

Structural Condition.

(A)

Walls or partitions or supporting members, sills, joists, rafters, or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated or damaged, and shall not have holes or cracks which might admit rodents. (IPMC 304.4)

(B)

Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used. (IPMC 304.1.1)

(C)

Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged. (IPMC 304.1)

(D)

Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in a condition that they will not fail or collapse. (IPMC 305.1.1)

(E)

Adequate facilities for egress in case of fire or panic shall be provided.

(F)

Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will, by use of reasonable household methods, promote sanitation and cleanliness, and shall be maintained in a manner so as to enable the occupants to maintain reasonable privacy between various spaces. (IPMC 305.3)

(G)

The roof, flashings, exterior walls, basement walls, floors and all doors and windows exposed to the weather shall be constructed and maintained so as to be weather and watertight. (IPMC 304.7)

(H)

There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in a condition or location as to constitute a fire hazard. (IPMC 304.11)

(I)

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

24.4-7.

Basic Equipment and Facilities.

(A)

Plumbing system.

1.

Each dwelling unit shall be connected to a potable water supply and to the public sewer or other approved sewage disposal system. (IPMC 505.1)

2.

a.

Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold water and hot water. (IPMC 502.1)

b.

All water shall be supplied through an approved pipe distribution system connected to a potable water supply. (IPMC 500)

3.

All plumbing fixtures shall meet the standards of the North Carolina State Building Code and shall be maintained in a state of good repair and in good working order. (NC Building Code Chapter 5)

4.

a.

All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of the same.

b.

The water closet and tub or shower shall be in a room or rooms affording privacy to the user. (IPMC 503.1)

(B)

Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with either division (B)(1) or (B)(2) below.

1.

Central and electric heating systems. A local government shall, by ordinance, require that every dwelling unit leased as rental property within the city shall have, at a minimum, a central or electric heating system or sufficient chimneys, flues, or gas vents, with heating appliances connected, so as to heat at least one habitable room, excluding the kitchen, to a minimum temperature of 68 degrees Fahrenheit measured three feet above the floor with an outside temperature of 20 degrees Fahrenheit. (G.S. § 160D-1204a)

2.

Other heating facilities. If a dwelling unit contains a heating system or heating appliances that meet the requirements of subsection (a) of this section, the owner of the dwelling unit shall not be required to install a new heating system or heating appliances, but the owner shall be required to maintain the existing heating system or heating appliances in a good and safe working condition. Otherwise, the owner of the dwelling unit shall install a heating system or heating appliances that meet the requirements of subsection (a) of this section and shall maintain the heating system or heating appliances in a good and safe working condition. (G.S. § 160D-1204b)

3.

Portable kerosene heaters. Portable kerosene heaters are not acceptable as a permanent source of heat but may be used as a supplementary source in single family dwellings and duplex units. An owner who has complied shall not be held in violation of this subsection where an occupant of a dwelling unit uses a kerosene heater as a primary source of heat. (G.S. § 160D-1204c)

(C)

Electrical system.

1.

a.

Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles, connected in a manner as determined by the North Carolina State Building Code. (IPMC 605.2)

b.

There shall be installed in every bathroom, water closet room, laundry room and furnace room, at least one supplied ceiling, or wall-type electric light fixture. (IPMC 605.3)

c.

In the event wall or ceiling light fixtures are not provided in any habitable room, then each habitable room shall contain at least three floor or wall-type electric convenience receptacles.

2.

Every public hall and stairway in every multi-dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient. (IPMC 605.3)

3.

All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the North Carolina State Building Code/National Electric Code.

24.4-8.

Ventilation.

(A)

General.

1.

Every habitable room shall have at least one window or skylight facing directly to the outdoors. (IPMC 403.1)

2.

The minimum total window area, measured between stops, for every habitable room shall be ten percent of the floor area of the room. (IPMC 402.1)

3.

Whenever walls or other portions of structures face a window or any room and the light-obstructing structures are located less than five feet from the window and extend to a level above that of the ceiling of the room, the window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. (IPMC 402.1)

4.

Whenever the only window in a room is a skylight-type window in the top of the room, the total window area of the skylight shall equal at least 15 percent of the total floor area of the room.

(B)

Habitable rooms.

1.

Every habitable room shall have at least one window or skylight which can easily be opened, or other device as will adequately ventilate the room. (IPMC 403.1)

2.

The total openable window area in every habitable room shall be equal to at least 45 percent of the minimum window area size or minimum skylight-type window size as required, or shall have other approved, equivalent ventilation. (IPMC 403.1)

(C)

Bathroom and water closet rooms. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an approved ventilation system. (IPMC 403.2)

24.4-9.

Space, Use and Location.

(A)

Room sizes. Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the North Carolina State Building Code.

1.

Every dwelling unit shall contain at least 120 square feet of habitable floor area for the first occupant, at least 120 square feet of additional habitable area for each of the next three occupants, and at least 30 square feet of additional habitable floor area for each additional occupant. (IPMC 401.1, 401.5)

2.

In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant thereof. (IPMC 404.4.1)

(B)

Ceiling height. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of seven feet. (IPMC 404.3)

(C)

Floor area calculation.

1.

Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area within the dwelling unit may count for not more than ten percent of the required habitable floor area.

2.

Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of seven feet over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of five feet shall be included. (IPMC 404.3.3)

(D)

Cellar. No cellar shall be used for living purposes.

(E)

Basements. No basement shall be used for living purposes unless:

1.

The floor and walls are substantially watertight.

2.

The total window area, total openable window area and ceiling height are equal to those required for habitable rooms (402.1); and

3.

The required minimum window area of every habitable room is entirely above the grade adjoining the window area, except where the window or windows face a stairwell, window well or access way.

24.4-10.

Safe and Sanitary Maintenance.

(A)

Exterior foundation, walls, and roofs.

1.

Every foundation wall, exterior wall and exterior roof shall be substantially weather tight and rodent proof, shall be kept in sound condition and good repair, shall be capable of affording privacy; shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. (IPMC 304.5, 304.6, 304.7)

2.

Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather. (IPMC 304.2)

(B)

Interior floors, walls, and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. (IPMC 305.2)

(C)

Windows and doors. Every window, exterior door, basement or cellar door, and hatchway shall be substantially weather tight, watertight, and rodent proof, and shall be kept in sound working condition and good repair. (IPMC 304.13)

(D)

Stairs, porches, and appurtenances. Every outside and inside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. (IPMC 304.10)

(E)

Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit the floor to be easily kept in a clean and sanitary condition. (IPMC 503.4)

(F)

Supplied facilities. Every supplied facility, piece of equipment or utility which is required under this article shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.

(G)

Drainage. Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water. (IPMC 302.2)

(H)

Noxious weeds. Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to health. (IPMC 302.4)

(I)

Egress. Every dwelling unit shall be provided with adequate means of egress as required by the North Carolina State Building Code (R311.1).

24.4-11.

Control of Insects, Rodents, and Infestations.

(A)

Screens. In every dwelling unit, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens installed. (IPMC 304.14)

(B)

Rodent control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with screens installed or other approved device as will effectively prevent their entrance. (IPMC 304.17)

(C)

Infestation.

1.

Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for the extermination whenever their dwelling unit is the only one infested. (IPMC 309.3)

2.

The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. (IPMC 309.2)

3.

Whenever infestation exists in two or more dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner. (IPMC 309.4)

(D)

Rubbish storage and disposal. Every dwelling and every dwelling unit shall store rubbish as required by Town ordinances, and the owner, operator, or agent in control of the dwelling or dwelling unit shall be responsible for the removal of rubbish. (IPMC 308.2, 308.3)

(E)

Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit or an incinerator unit, to be approved by a building inspector, in the structure for the use of the occupants of each dwelling unit, or an approved outside garbage can as required by town ordinances. (IPMC 308.3.1)

24.4-12.

Rooming Houses; Exceptions. All the provisions of this article, and all 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 divisions.

(A)

Water closet, hand lavatory and bath facilities.

1.

At least one water closet, lavatory basin and bathtub or shower, properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever the facilities are shared. (IPMC 502.2)

2.

All the facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall be not more than one story removed from any of the persons sharing the facilities. at all times. (IPMC 503.2)

3.

Every lavatory basin and bathtub or shower shall be supplied with hot and cold water. (IPMC 505.1)

4.

The required facilities shall not be located in a cellar.

(B)

Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under (twelve) 12 years of age. (IPMC 404.4.1)

(C)

Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for the sanitary maintenance of every other part of the rooming house; and they shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the operator. (IPMC 301.2)

24.4-13.

Responsibilities of Owners and Occupants.

(A)

Public areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. (IPMC 301.2)

(B)

Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which they occupy and controls. (IPMC 305.1)

(C)

Rubbish and garbage.

1.

Every occupant of a dwelling or dwelling unit shall dispose of all their rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities. (IPMC 308.2)

2.

In all cases, the owner shall be responsible for the availability of rubbish and garbage storage faculties. (IPMC 308.2.1)

(D)

Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of the same. (IPMC 301.2)

(E)

Care of facilities, equipment, and structure. No occupant shall willfully destroy, deface, or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.

24.4-14.

Inspector; Powers and Duties.

(A)

Inspector appointed. The Jamestown Town Manager is hereby appointed to serve as the Jamestown Minimum Housing. The manager may delegate these duties to any town employee or contractor.

(B)

Duties. It shall be the duty of the inspector:

1.

To review and evaluate complaints regarding nuisances and unmaintained properties.

2.

To investigate the dwelling conditions, and to inspect structures, properties, and premises perceived to be in violation for the purpose of carrying out the objectives of this article with respect to the dwellings and dwelling units;

3.

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

4.

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

5.

To perform the other duties as may be herein prescribed.

(C)

Powers. The inspector is authorized to exercise the 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:

1.

To investigate the dwelling conditions in the Town in order to determine which dwellings therein are unfit for human habitation.

2.

To administer oaths and affirmations, examine witnesses and receive evidence.

3.

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

4.

To appoint and fix the duties of the officers, agents and employees as they deems necessary to carry out the purpose of this article.

(D)

Relief from personal liability. Any official, officer, employee, or authorized qualified third-party agency or individual charged with the enforcement of this code, while acting for the Town, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property because of an act required or permitted in the discharge of the official duties described herein.

24.4-15.

Procedure for Enforcement; Service of Complaints and Orders. Except for unsafe structures, a violation of these regulations shall be enforced as provided below. In no case shall violations of this ordinance be considered criminal offenses except as specifically provided by statute.

(A)

Procedure for enforcement.

1.

Preliminary investigation; notice; hearing.

a.

Citizen complaints regarding nuisances and unmaintained properties shall be presented in writing or verbally to the inspector. Upon receiving the complaint, or whenever it appears to the inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, the inspector shall document, review, and evaluate said complaint. This review and evaluation may include inspection(s) of the subject property, meetings with the property owner(s), and other actions as needed to prepare a thorough evaluation of the complaint. The inspector shall make all of the required inspections or shall accept reports of inspection by a qualified third-party agency. All reports of inspections shall be in writing and shall be certified by the responsible officer of such qualified agency. The inspector is authorized to engage such expert opinion as deemed necessary to satisfactorily administer these regulations. Upon completion of the evaluation, the inspector shall prepare a report detailing their evaluation for presentation to the Jamestown Town Council. This report shall include a recommendation regarding action to be taken in response to the complaint. This report shall be forwarded to the town council for review at a regularly scheduled meeting.

b.

If their preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties in interest in the dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the inspector at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint. The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint.

c.

Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the dwelling.

d.

Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard.

e.

Hearings before the inspector shall be quasi-judicial in nature. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the inspector.

2.

Procedure after hearing.

a.

After the notice and hearing, the inspector shall state in writing their determination whether the dwelling or dwelling unit is unfit for human habitation. If the inspector determines the dwelling or dwelling unit is unfit for human habitation, then they shall also determine whether the structure is deteriorated or dilapidated.

b.

If the inspector determines that the dwelling or dwelling unit 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 thereof an order directing and requiring the owner to repair, alter and improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this article within a specified period of time, not to exceed 90 days.

c.

If the inspector determines that the dwelling or dwelling unit is deteriorated, the order may also require that the property be vacated and closed. The inspector may issue an order to vacate and close only if the inspector determines in writing that continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the property; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities.

d.

If the inspector determines that the dwelling is dilapidated, they shall state in writing their findings of fact to support the determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair, alter and improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this article or else vacate and remove or demolish the same within a specified period of time not to exceed 90 days. However, notwithstanding any other provision of law, if the dwelling is located in a historic district of the Town and the Town's historic district commission, or the town council if such a commission does not exist, determines, after a public hearing as provided by ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with G.S. § 160D-949.

e.

An order issued shall also state:

(i)

That the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order, and

(ii)

That any person aggrieved by the order may appeal the decision to the board of adjustment within 30 days from the rendering of the decision or service of the order.

f.

Upon receipt of a written request from the alleged violator or the property owner for an extension of time to remedy or correct the violation, the planning director or other town official charged with the duty of enforcing the regulations(s) being violated may grant two 30-day extensions of time, not to exceed a total of 60 calendar days in which the alleged violator may cure or correct the violation before the Town pursues enforcement action as provided for in this section. The alleged violator may request a further extension from the town council if more than the 60-day extension period is needed to remedy or correct the violation.

(B)

Whenever the inspector orders a dwelling be vacated and closed or removed or demolished, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the inspector, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The inspector or town clerk shall certify the mailing of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the inspector to wait 45 days before causing removal or demolition.

(C)

Methods of service of complaints and orders.

1.

Complaints or orders issued by the inspector shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.

2.

If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the inspector in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by registered or certified mail, and the inspector makes an affidavit to that effect, then the serving of the complaint or order upon the owners or other persons may be made by publication in a newspaper having general circulation in the Town at least once no later than the time at which personal service would be required under 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.

24.4-16.

Failure to Comply with an Order.

(A)

Failure to comply with an order—In personam remedy. Pursuant to G.S. § 160D-1208, if the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the inspector to repair, alter or improve the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the inspector to vacate and close, and remove or demolish the same within the time specified therein, the inspector may submit to the town council a resolution directing the town attorney to institute any appropriate action in the Guilford County Superior Court for an order directing the owner and/or occupants to comply with the order of the inspector; to otherwise prevent the unlawful erection, construction, reconstruction, alteration or use; to restrain, correct or abate the violation; to prevent the occupancy of the dwelling; or to prevent any illegal act, conduct or use in or about the premises of the dwelling.

(B)

Failure to comply with an order—in rem remedy.

1.

If the owner of any deteriorated or dilapidated dwelling or dwelling unit shall fail to comply an order of the inspector issued pursuant to this article, the inspector may petition the town council adopt an ordinance authorizing the inspector to carry the inspector's order into effect. Upon adoption of said ordinance, the shall proceed to cause the dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this article or to be vacated and closed and removed or demolished, as directed by the ordinance of the town council and shall cause to be posted on the main entrance of the dwelling or dwelling unit a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."

2.

No ordinance adopted by the town council shall direct the inspector to take an action other than those actions specified in the inspector's written order, except that the council may allow additional time to repair a dwelling.

3.

No ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the Town Minimum Housing Code.

4.

Occupation of a building so posted shall constitute a Class 1 misdemeanor.

(C)

Each ordinance shall be recorded in the office of the Guilford County Register of Deeds and shall be indexed in the name of the property owner in the grantor index.

24.4-17.

Costs a Lien on Premises; Sale of Materials.

(A)

As provided by G.S. § 160D-1203(7), 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 inspector shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. ch. 160A, art. 10.

(B)

If the real property upon which the cost was incurred is located within the corporate limits of the Town, then the amount of the cost is also a lien on any other real property of the owner located within the town limits or within one mile thereof except for the owner's primary residence. The additional lien provided in this subdivision is inferior to all prior liens and shall be collected as a money judgment.

(C)

If the dwelling is removed or demolished by the inspector, they shall sell the materials of the dwelling, and any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the Guilford County Superior Court by the, 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 subsection shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.

24.4-18.

Abandonment of Intent to Repair.

(A)

If (i) the town council has adopted an ordinance as provided in this article or the inspector has issued an order determining a structure is deteriorated and ordering a dwelling to be repaired or vacated and closed and (ii) the dwelling has been vacated and closed for a period of one year pursuant to the ordinance or order, then the council may conduct a hearing to determine whether the owner has abandoned the intent and purpose to repair, alter or improve the dwelling in order to render it fit for human habitation. If after a hearing, the council finds that the owner has abandoned their intent to repair the dwelling 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 Town in that the dwelling 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 council may, after the expiration of such one-year period, enact an ordinance and serve such 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 percent of the then current value of the dwelling, the ordinance shall require that the owner either repair 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 percent of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.

(B)

This ordinance shall be recorded in the Guilford County Register of Deeds and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this ordinance, the inspector shall effectuate the purpose of the ordinance.

24.4-19.

Alternative and Supplemental Remedies.

(A)

Neither this article nor any of its provisions shall be construed to impair or limit in any way the power of the Town 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. § 14-4.

(B)

The enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.

(C)

If any occupant fails to comply with an order to vacate a dwelling, the inspector, with authorization from the town council, may file a civil action in the name of the city to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying such dwelling. The Guilford County Clerk of Superior Court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date and place not to exceed ten days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. § 42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if at the hearing the inspector produces a certified copy of an ordinance adopted by the town council pursuant to this article authorizing the inspector to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. The judgment ordering that the dwelling 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 hereunder by the magistrate may be taken as provided in G.S. § 7A-228, and the execution of such judgment may be stayed as provided in G.S. § 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the town council has ordered the to proceed to exercise their duties pursuant to this article to vacate and close or remove and demolish the dwelling.

24.4-20.

Appeals.

(A)

An appeal from any decision or order of the inspector may be taken to the zoning board of adjustment by any person aggrieved thereby or by any officer, board or council of the Town. Any appeal from the inspector shall be taken within 30 days from the rendering of the decision or service of the order by filing a notice of appeal with the inspector, which notice shall specify the grounds upon which the appeal is based.

(B)

Upon the filing of any notice of appeal, the inspector shall promptly transmit to the zoning board of adjustment all the papers, photographs and other documents constituting the record upon which the decision appealed from was made.

(C)

When an appeal is from a decision of the inspector refusing to allow the person aggrieved thereby to do any act, their decision shall remain in force until modified or reversed. When any appeal is from a decision of the inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the zoning board of adjustment, unless the inspector certifies to the board, after the notice of appeal is filed with him or her, that because of facts stated in the certificate (a copy of which shall be furnished to the appellant), a suspension of their requirement would cause imminent peril to life or property. In that 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 inspector, by the board, or by a court of record upon petition.

(D)

The zoning board of adjustment shall fix a reasonable time for hearing appeals, shall give due notice to 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 any decision and order that in its opinion ought to be made in the matter, and to that end it shall have all the powers of the, but the concurring vote of a majority of the members of the board shall be necessary to reverse or modify any decision or order of the. The board shall have power also in passing upon appeals, when practical difficulties or unnecessary hardships would result from carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(E)

Every decision of the zoning board of adjustment shall be subject to review by proceedings in the nature of certiorari instituted in the Guilford County Superior Court within 15 days of the decision of the board, but not otherwise.

(F)

Any person aggrieved by an order issued by the, or a decision rendered by the zoning board of adjustment may petition the Guilford County Superior Court for an injunction restraining the from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. Hearings shall be had by the court on a petition within 20 days and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. It shall not be necessary to file bond in any amount before obtaining a temporary injunction under this subsection.

24.4-21.

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

24.4-22.

Violations.

(A)

It shall be unlawful for the owner of any dwelling or dwelling unit 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 duly made and served as herein provided, within the time specified in the order, and each day that any failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense.

(B)

It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to this article, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration or improvement or its vacation and closing, and each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.

24.4-23.

Penalty and Enforcement. In addition to the other remedies provided here in, any provision of this article may be enforced by any remedy, including but not limited to civil penalties as provided in Code Section 10.99 and G.S. §§ 160A-175 and 160D-404.

State Law reference— Repair, closing or demolition of abandoned structures, see G.S. § 160D-1201.

24.5-1.

General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety, or welfare. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, and chipped paint shall be eliminated, and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces, except that surface designed for stabilization by oxidation, such as copper roofs and flashing, are exempt from this requirement. (IPMC 304.1)

(A)

The following standards are established for exterior features of structures:

1.

Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. (IPMC 304.3)

2.

Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads. (IPMC 304.4)

3.

Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition to prevent the entry of insects and vermin. (IPMC 304.5)

4.

Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials and maintained to prevent deterioration. (IPMC 304.6)

5.

Roofs and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters, and downspouts shall be maintained in good repair and free from obstructions. Water from roofs shall not be discharged in a manner that creates a public nuisance. (IPMC 304.7)

6.

Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (IPMC 304.8)

7.

Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or other surface treatments. (IPMC 304.9)

8.

Stairways, decks, porches, and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained in a structurally sound condition, with proper anchorage and support capable of handling normally imposed loads. (IPMC 304.10)

9.

Chimneys and towers. All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained in a structurally safe and sound condition. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or other surface treatments. (IPMC 304.11)

10.

Handrails and guards. Every handrail and guard shall be firmly fastened in a manner capable of supporting normally imposed loads and shall be maintained in good condition. (IPMC 304.12)

11.

Window, skylight, and door frames. Every window, skylight, door, and frame shall be kept in sound condition, in good repair and weather tight. (IPMC 304.13)

12.

Glazing. All glazing materials shall be maintained free from cracks and holes. (IPMC 304.13.1)

13.

Operable windows. Every window, other than a fixed window, shall be easily operable and capable of being held in both open and closed positions by window hardware. (IPMC 304.13.2)

14.

Insect screens. Every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch. Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. Where required and installed, screens shall be maintained in good condition, free of holes and other openings. (IPMC 304.14)

15.

Doors. All exterior doors, door assemblies, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. (IPMC 304.15)

24.5-2.

Vacant or unoccupied structures. Vacant or unoccupied structures shall be maintained in accordance with the standards provided in Section 24.4 above. Such structures shall be further maintained to prohibit unauthorized entry.

24.5-3.

Structures undergoing demolition. Structures undergoing demolition shall be maintained to protect public safety, health, and welfare. Demolition operations shall:

•

Minimize the off-site release of dust and other particulates.

•

Be maintained and secured to not create an attractive public nuisance.

•

Remove salvage materials, debris, and rubble periodically to maintain safe on-site working conditions.

•

Result in full and complete post-demolition cleanup, including the removal of all debris and rubble and maintaining compliance with the property maintenance standards in Section 24.6 below. As part of demolition permitting, the Town requires a demolition permit be obtained from the Town of Jamestown and the Town may require the posting of performance bonds or other financial guarantees as deemed necessary to ensure compliance with these regulations.

24.5-4.

Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure because it is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible. Unsafe structures shall be subject to the enforcement procedures provided in Section 24.6 below.

24.6-1.

General. All exterior property and premises shall be maintained in a clean, safe, and sanitary condition.

(A)

Specific standards for exterior features and situations are provided as follows:

1.

Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon, except for approved retention areas and reservoirs. (IPMC 302.2)

2.

Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Public sidewalks shall not be blocked by trees and other vegetation located on adjoining private properties and shall be kept clear of weeds, litter, and other potential obstructions by the adjoining private property owner. (IPMC 302.3)

3.

Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of nine inches other than trees, shrubs, and cultivated flowers and gardens. (IPMC 302.4)

4.

Rodent and insect harborage. All structures and exterior property shall be kept free from rodent and insect harborage and infestation. Where rodents or insects are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent and insect harborage and prevent reinfestation. (IPMC 302.5)

5.

Exhaust vents. Pipes, ducts, conductors, fans, or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. (IPMC 302.6)

6.

Accessory structures. All accessory structures, including detached garages, fences, and walls, shall be maintained structurally sound and in good repair. (IPMC 302.7)

7.

Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept, or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. (IPMC 302.8)

8.

Defacement of property. No person shall willfully or wantonly damage, mutilate, or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving, or graffiti unless specifically allowed by the Town. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair in a reasonably expeditious fashion, not to exceed 30 days. (IPMC 302.9)

9.

Swimming pools, hot tubs, and spas. Swimming pools, hot tubs, and spas located exterior to a structure shall be maintained in a clean and sanitary condition and in good repair. Private swimming pools, hot tubs, and spas containing water more than 24 inches in depth shall be surrounded by a fence or barrier at least 48 inches in height above the finished ground level measured on the side of the barrier away from the pool, hot tub, or spa. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gatepost. No such enclosure shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier. (IPMC 303.1)

10.

Accumulation of rubbish or garbage. All exterior property and premises shall be free from any accumulation of rubbish or garbage, including trash, junk, debris, dead vegetation, building materials, accumulations of newspapers, circulars, and flyers, and discarded personal items such as furniture, clothing, and large and small appliances. Every occupant of a structure shall dispose of all rubbish and garbage in a clean and sanitary manner by placing such rubbish and garbage in approved containers supplied by the owner of every occupied premises. The owner of the property or premises shall be responsible for the removal of rubbish and garbage. (IPMC 308.1)

11.

Refrigerators and other large appliances. Refrigerators and other large appliances not in operation shall not be discarded, abandoned, or stored in an exterior location on any premises. Refrigerators shall not be placed in an exterior location for pick-up and disposal by the Town of Jamestown without removal of the doors. Refrigerators and other large appliances shall not be placed in an exterior location for more than five days for pick-up and disposal by the Town of Jamestown. (IPMC 308.2.2)

12.

Outdoor storage of equipment, appliances, raw materials for manufacturing, items being recycled, vehicles undergoing repair or dismantling, and similar items used or sold in the conduct of a business shall be screened from view from areas off the premises by fencing or landscaping. Goods or other items that are part of approved outdoor displays, such as cars for sale at a new or used car lot, seasonal plants, and vegetables for sale at a lawn and garden store, etc., shall be exempt from this requirement.

24.7-1.

Responsibility for Administration. The Town of Jamestown planning director, or their designee, shall be responsible for the administration of these regulations. Such duties shall include the review and evaluation of complaints regarding nuisances and unmaintained properties, the inspection of structures, properties, and premises perceived to be in violation of these regulations, the pursuit of remedies for violations of these regulations, and the assignment of penalties as specified in these regulations for the purpose of obtaining regulatory compliance.

24.7-2.

Review and Evaluation of Complaints. Citizen complaints regarding nuisances and unmaintained properties shall be presented in writing to the planning director. Upon receiving the complaint, the planning director shall review and evaluate said complaint. This review and evaluation may include inspection(s) of the subject property, meetings with the property owner(s), and other actions as needed to prepare a thorough evaluation of the complaint. Upon completion of the evaluation, the planning director shall prepare a report detailing their evaluation for presentation to the Jamestown Town Council. This report shall include a recommendation regarding action to be taken in response to the complaint. This report shall be forwarded to the town council for review and action at a regularly scheduled meeting. Upon reviewing the report, the town council shall direct staff regarding action to be taken in response to the complaint.

24.7-3.

Inspections. The planning director or designee shall personally make all of the required inspections or shall accept reports of inspection by qualified third-party agencies or individuals. All reports of such inspections shall be in writing and shall be certified by a responsible officer of such qualified agency or individual. The planning director or designee is authorized to engage such expert opinion as deemed necessary to satisfactorily administer these regulations. Payment of inspection/permit fees associated with third-party agencies or individuals shall be assigned to the owner of record of the subject structure, property, or premises upon determination that a violation exists and shall be so noted in the notice of violation.

24.7-4.

Right of entry. In carrying out these duties, the planning director or designee is authorized to enter such structures, properties, or premises at reasonable times. If entry is refused or not obtained, recourse shall be pursued as provided by law.

24.7-5.

Relief From Personal Liability. Any official, officer, employee, or authorized qualified third-party agency or individual charged with the enforcement of this code, while acting for the Town, shall not thereby be rendered liable personally or professionally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of the official duties described herein.

24.8-1.

General enforcement. Except for unsafe structures, a violation of these regulations shall be enforced as provided below. In no case shall violations of this ordinance be considered criminal offenses except as specifically provided by statute.

24.8-2.

Notice of Violation. The planning director shall provide notice of the violation and any required remedies. The notice of violation shall be served by any means authorized under G.S. § 1A-1, Rule 4, and shall direct the violator to correct the violation within 30 days after receipt of the notice of violation. The violator may be the property owner, the leasehold tenant, or occupant, or any combination thereof deemed necessary to ensure compliance with these regulations. Upon receipt of a written request from the alleged violator or the property owner for an extension of time to remedy or correct the violation, the planning director or other town official charged with the duty of enforcing the regulations(s) being violated may grant two 30-day extensions of time, not to exceed a total of 60 calendar days in which the alleged violator may cure or correct the violation before the Town pursues enforcement action as provided for in this section. The alleged violator may request a further extension from the town council if more than the 60-day extension period is needed to remedy or correct the violation.

24.8-3.

Failure to Comply With a Notice of Violation. Any person who fails to comply with a notice of violation of any of the provisions of this Article shall be subject to a civil penalty of $500.00. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. The decision of the planning director to assess a civil penalty may be delivered by personal service, by registered mail or certified mail returned receipt requested, or by any means authorized under G.S. § 1A-1, Rule 4.

24.8-4.

Appeal to Superior Court. Every decision of the planning director to assess a civil penalty shall be subject to review by the Guilford County Superior Court by proceedings in the nature of certiorari. Any petition for review by the superior court shall be filed with the clerk of superior court within 30 days after the decision of the planning director to assess a civil penalty.

24.8-5.

Failure to Appeal and/or Pay. Any civil penalty assessed a person who violates the provisions of these regulations shall be recovered by the Town in a civil action in a debt, to be brought in the Guilford County Superior Court if the violator fails to give notice of timely appeal and fails to pay the penalty within the prescribed period after they have been cited for the violation.

24.8-6.

Unsafe Structure Enforcement. An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure because it is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible. Such structures shall be condemned and removed in accordance with the provisions of G.S. § 160D-1119 through 160D-1125 and this article.

24.8-7.

Posting. Upon determination that an unsafe structure exists, the planning director shall post a notice of condemnation in conspicuous place on the exterior wall of the building as required in G.S. § 160D-1119. Such notice may order the structure closed to the extent necessary to not constitute an attractive nuisance.

24.8-8.

Removal of Notice of Condemnation. Any person removing a notice of condemnation posted by the planning director shall be guilty of a civil penalty as specified in G.S. § 160D-1120.

24.8-9.

Vacation. Any occupied structure condemned and posted by the planning director shall be vacated as ordered by the planning director.

24.8-10.

Notice; Failure to Take Corrective Action. If the owner of a structure that has been condemned as unsafe pursuant to G.S. § 160D-1119 fails to take prompt corrective action, the planning director shall give them written notice, by certified or registered mail to their last known address or by personal service. The notice shall specify that the building or structure is in a condition that appears to meet one or more of the following conditions:

•

Constitutes a fire or safety hazard.

•

Is dangerous to life, health, or other property.

•

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

•

Tends to attract persons intent on criminal activities or other activities which would constitute a public nuisance.

The notice shall further specify that a hearing will be held before the planning director at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and that following the hearing, the planning director may issue such order to repair, close, vacate, or demolish the building or structure as appears appropriate.

24.8-11.

Alternative Notice. 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 thereof 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 Town at least once not later than one week prior to the hearing.

24.8-12.

Order to Take Corrective Action. If, following the hearing described above, the planning director finds that the structure is unsafe, they shall issue an order that specifies the corrective action that must be taken by the property owner under a timeframe that complies with G.S. § 160D-1122.

24.8-13.

Appeal of Order to Take Corrective Action. The property owner may appeal the order to take corrective action in accordance with the provisions of G.S. § 160D-1123.

24.8-14.

Failure to Comply With Order. Any person who fails to comply with an order to take corrective action shall be subject to a civil penalty of up to $500.00 per day, with each day on which action to comply is not taken considered a separate violation. The Town may enforce the order as provided in G.S. § 160D-1124.

24.9-1.

Jurisdiction and Authority.

(A)

Authority. Pursuant to G.S. § 160D-1129 the town council hereby adopts these standards for nonresidential buildings and structures to ensure that said buildings and structures meet minimum maintenance, sanitation, and safety standards. These standards shall apply in addition to the requirements of the North Carolina State Building Code and any other applicable regulations.

(B)

Jurisdiction. The provisions of this section shall apply within the corporate limits and the Extra Territorial Jurisdiction (ETJ) of the Town of Jamestown.

(C)

Inspector Appointed, Powers and Duties. The Jamestown planning director or their designee is hereby authorized to implement and enforce the provisions this ordinance, "Minimum Standards for Nonresidential Buildings and Structures." The minimum housing shall be referred to herein as the "inspector." Except as provided herein, the shall have the same powers and duties when enforcing minimum standards for nonresidential buildings and structures as they have when enforcing the Minimum Standards Code.

24.9-2.

Minimum Standards.

(A)

Compliance with the North Carolina State Building Code. Every nonresidential building and structure shall comply with applicable provisions of the North Carolina State Building Code, especially those provisions that pertain to the prevention of conditions that are dangerous and injurious to the public health, safety, and welfare.

(B)

Structural Condition.

1.

Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated or damaged, and shall not have holes or cracks which might admit rodents.

2.

Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.

3.

Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.

4.

Every outside and inside stair, porch, landing, loading dock and any other appurtenance shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair.

5.

The roof, flashings, exterior walls, basement walls, floors and all doors and windows exposed to the weather shall be constructed and maintained to be weather tight and watertight.

6.

There shall be no chimneys or parts thereof which are detective, deteriorated or in danger of falling, or in a condition or location as to constitute a fire hazard.

7.

There shall be no use of the ground for floors, or wood floors directly on the ground.

(C)

Plumbing system.

1.

Each nonresidential building or structure shall be connected to a potable water supply and to the public sewer or other approved sewage disposal system, if such connections are required by the North Carolina State Building Code.

2.

Each nonresidential building or structure shall contain at least the minimum number of toilets and other sanitary facilities required by the North Carolina State Building Code.

3.

All water shall be supplied through an approved pipe distribution system connected to a potable water supply.

4.

All plumbing fixtures shall meet the standards of the North Carolina State Building Code and shall be maintained in a state of good repair and in good working order.

(D)

Heating and electrical system.

1.

The heating and electrical systems of nonresidential buildings and structures shall comply with the North Carolina State Building Code.

2.

Every public hall and stairway in every multi dwelling shall be always adequately lighted by electric lights when natural daylight is not sufficient.

(E)

Safe and sanitary maintenance.

1.

Every foundation wall, exterior wall and exterior roof shall be substantially weather tight and rodent proof, shall be kept in sound condition and good repair; shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

2.

Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.

3.

Every floor, interior wall and ceiling shall be substantially rodent proof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

4.

Interior walls and ceilings of all finished interior spaces shall be finished of suitable materials, which will, by use of reasonable commercial methods, promote sanitation and cleanliness.

5.

Every window, exterior door, basement or cellar door, and hatchway shall be substantially weather tight, watertight, and rodent proof, and shall be kept in sound working condition and good repair.

6.

Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained to be reasonably impervious to water and to permit the floor to be easily kept in a clean and sanitary condition.

7.

Every supplied facility, piece of equipment or utility which is required under this section, or the North Carolina State Building Code shall be so constructed or installed that it will function safely and effectively; and shall be maintained in satisfactory working condition.

8.

Every yard shall be properly graded to obtain thorough drainage and to prevent the accumulation of stagnant water.

9.

Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to health.

10.

Every dwelling unit shall be provided with adequate means of egress as required by the North Carolina State Building Code.

(F)

Control of insects, rodents, and infestations.

1.

Screens. Every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall be supplied with screens installed.

2.

Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with screens installed or other approved device as will effectively prevent their entrance.

3.

Infestation.

4.

Every occupant shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a nonresidential building or structure containing more than one unit shall be responsible for the extermination whenever his or her unit is the only one infested.

5.

Whenever infestation is caused by failure of the owner to maintain a nonresidential building or structure in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner.

6.

Whenever infestation exists in two or more nonresidential units or in the shared or public parts of any nonresidential building or structure containing two or more units, extermination shall be the responsibility of the owner.

(G)

Rubbish and garbage storage and disposal. Every nonresidential building or structure shall store rubbish and garbage as required by town ordinances, and the owner or occupant of the building or structure shall be responsible for the removal of rubbish and garbage.

(H)

Responsibilities of owners and occupants.

1.

Public areas. Every owner of a nonresidential building or structure with two or more units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the building or structure and premises thereof.

2.

Cleanliness. Every occupant of a nonresidential building or structure shall keep in a clean and sanitary condition that part of the building or structure and premises thereof which he or she occupies and controls.

24.9-3.

Investigation, Hearing and Order.

(A)

Investigation. Whenever it appears to the that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet the minimum standards established by this code, the shall undertake a preliminary investigation. If entry upon the premises for purposes of investigation is necessary, such entry shall be made with the permission of the owner, owner's agent, a tenant, or other person legally in possession of the premises or pursuant to a duly issued administrative search warrant issued in accordance with G.S. § 15-27.2.

(B)

Complaint and hearing. If the preliminary investigation discloses evidence of a violation of the minimum standards, the shall issue and cause to be served upon the owner of and parties in interest in the nonresidential building or structure a complaint. The complaint shall contain the following:

1.

The charges.

2.

A notice that a hearing will be held before the (or his or her designated agent) at a place within Guilford County scheduled not less than ten days nor more than 30 days after the serving of the complaint.

3.

That the owner and parties in interest shall be given the right to answer the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and

4.

That the rules of evidence prevailing in courts of law or equity shall not be controlling in hearing before the Inspector.

(C)

Hearing and order.

1.

Hearings shall be quasi-judicial in nature and shall be conducted in the same manner as hearings provided for in Chapter 80.

2.

If, after notice and hearing, the 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 public is jeopardized for failure of the property to meet the minimum standards established by this code, the shall issue an order that states the following:

a.

The order shall provide writing findings of fact in support of the determination.

b.

The order may require the owner to take remedial action, within a reasonable time specified, subject to the procedures and limitations of this subsection.

c.

The order shall state that any person aggrieved by the order may appeal the decision to the zoning board of adjustment within 30 days from the rendering of the decision or service of the order.

(D)

Limitations on orders.

1.

An order may require the owner to repair, alter, or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by this code or to vacate and close the nonresidential building or structure for any use.

2.

An order may require the owner to remove or demolish the nonresidential building or structure if the cost of repair, alteration, or improvement of the building or structure would exceed 50 percent of its then current value. Notwithstanding any other provision of law, 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 town council determines, after a public hearing as provided by ordinance, 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, the order may require that the nonresidential building or structure be vacated and closed until it is brought into compliance with the minimum standards established by this code.

3.

An order may not require repairs, alterations, or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to preserve the original use. The order may require such 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.

(E)

Relief from personal liability. Any official, officer, employee, or authorized qualified third-party agency or individual charged with the enforcement of this code, while acting for the Town, shall not thereby be rendered liable personally, and is hereby relieved from all personal and professional liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of the official duties described herein.

24.9-4.

Action by the Town Council Upon Failure to Comply With the Order.

(A)

Failure to comply with an order to repair, alter, improve or to vacate and close.

1.

If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the nonresidential building or structure, the town council may adopt an ordinance ordering the to proceed to effectuate the purpose of these sections with respect to the particular property or properties that the found to be jeopardizing the health or safety of its occupants or members of the public. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the Guilford County Register of Deeds and shall be indexed in the name of the property owner or owners in the grantor index.

2.

Following the adoption of an ordinance, the may cause the building or structure to be repaired, altered, or improved or to be vacated and closed, as provided in the ordinance. The may cause to be posted on the main entrance of any nonresidential building or structure so closed a placard with the following words: "This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful." Any person who occupies or knowingly allows the occupancy of a building or structure so posted shall be guilty of a Class 3 misdemeanor.

(B)

Failure to comply with an order to remove or demolish.

1.

If the owner fails to comply with an order to remove or demolish the nonresidential building or structure, the town council may adopt an ordinance ordering the to proceed to effectuate the purpose of these sections with respect to the particular property or properties that the found to be jeopardizing the health or safety of its occupants or members of the general public. No ordinance shall be adopted to require 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 this code. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the Guilford County Register of Deeds and shall be indexed in the name of the property owner or owners in the grantor index.

2.

Following adoption of an ordinance, the may cause the building or structure to be removed or demolished.

(C)

Action by the town council upon abandonment of intent to repair. If the town council has adopted an ordinance or the has issued an order requiring the building or structure to be repaired 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, the town council may make findings 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 municipality 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. Upon such findings, the town council may, after the expiration of the two-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:

1.

If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards is less than or equal to 50 percent of its then current value, the ordinance shall require that the owner either repair or demolish and remove the building or structure within 90 days; or

2.

If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards exceeds 50 percent of its then current value, the ordinance shall require the owner to demolish and remove the building or structure within 90 days.

3.

In the case of vacant manufacturing facilities or vacant industrial warehouse facilities, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before the town council may act under this subsection. The ordinance shall be recorded in the office of the Guilford County Register of Deeds and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with the ordinance, the shall effectuate the purpose of the ordinance.

24.9-5.

Service of Complaints and Orders.

(A)

Complaints or orders issued by the pursuant to these sections shall be served upon persons either personally or by registered or certified mail so long as the means used are reasonably designed to achieve actual notice. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unable to be served, but the regular mail is not returned by the post office within ten days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.

(B)

If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the in the exercise of reasonable diligence, and the makes documentation to that effect, the serving of the complaint or order upon the owners or other persons may be made by publication in a newspaper having general circulation in the Town at least once no later than the time that personal service would be required under these sections. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.

24.9-6.

Liens.

(A)

The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. ch. 160A, art. 10.

(B)

The amount of the costs of repairs, alterations, or improvements, or vacating or closing, or removal or demolition by the shall also be a lien on any other real property of the owner located within the town limits except for the owner's primary residence. The additional lien provided in this subdivision is inferior to all prior liens and shall be collected as a money judgment.

(C)

If the nonresidential building or structure is removed or demolished by the, he or she 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, and any balance remaining shall be deposited in the Guilford County Superior Court by the public 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.

24.9-7.

Ejectment.

If any occupant fails to comply with an order to vacate a nonresidential building or structure, the may file a civil action in the name of the Town 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 Guilford County 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 produces a certified copy of an ordinance adopted by the town council pursuant to these sections 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 subsection 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 subsection unless the occupant was served with notice, at least 30 days before the filing of the summary ejectment proceeding, that the town council has ordered the to proceed to exercise his or her duties pursuant to these sections to vacate and close or remove and demolish the nonresidential building or structure.

24.9-8.

Civil Penalties.

Civil penalties levied shall be in accordance with Section 10.99 and any other applicable provisions of this Code.

24.9-10.

Appeals.

An appeal from any decision or order of the may be taken to the town council by any person aggrieved thereby or by any officer, town council. The procedure for an appeal shall be in accordance with the code of ordinance, and any person aggrieved by a decision or order of the shall have the remedies provided in G.S. § 160D-305.

24.9-11.

Abandoned Structures.

(A)

As authorized by G.S. § 160D-1201(b), the town council may determine that any abandoned structure within the corporate limits of the Town or its extraterritorial jurisdiction is a health or safety hazard because 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.

(B)

If the town council determines that an abandoned structure is a health or safety hazard, the council may require the property owner to repair, close or demolish the structure pursuant to the same provisions and procedures as are prescribed under the Jamestown Minimum Housing Code for the repair, closing or demolition of dwellings found to be unfit for human habitation.

(C)

The town council may determine that an abandoned structure is a health or safety hazard only after a quasi-judicial hearing on the matter. Using the procedure set forth in the code of ordinance, the Town shall provide notice to the property owner and any mortgage holder of record not less than ten nor more than 30 days prior to the hearing. The owner or any party in interest shall have the right to submit written evidence prior to the hearing and to give testimony in person, or otherwise, during the hearing.

(D)

This authority provided by this section shall be supplemental to and may be used in lieu or of or in conjunction with any other authority provided in this code.

24.10-1.

Purpose. It is the purpose of the provisions of this article to provide a just, equitable and practicable method, whereby non-residential buildings, or structures which from any cause, endanger the life, limb, health, morals, property, safety or welfare of the public or their occupants, diminish property values, exhibit characteristics of abandonment or neglect, or detract excessively from the appropriate appearance of the non-residential area, may be required to be repaired, vacated or demolished. The provisions of this code are cumulative with and in addition to any other remedy provided by law, including the current editions of standard codes adopted by the Town.

24.10-2.

Scope. The provisions of this code shall apply to all non-residential buildings and structures which are now in existence, or which may be built within the town limits or annexed therein, and to all non-residential lands within the corporate jurisdiction of the Town of Jamestown and its extraterritorial jurisdiction.

24.10-3.

Applicability.

(A)

Every non-residential building or structure and the premises on which it is situated, used or intended to be used for non-residential occupancy shall comply with the provisions of this article, whether or not the building shall have been constructed, altered or repaired before or after the enactment of this article, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building, or for the installment or repair of equipment or facilities prior to the effective date of this article.

(B)

This article establishes minimum standards for the initial and continual occupancy and use of all non-residential buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building equipment or facilities contained therein except as provided.

(C)

Where there is mixed occupancy, any commercial business use therein shall be nevertheless regulated by and subject to the provisions of this article.

24.10-4.

Conflicting Provisions. In any case where the provisions of this article impose a higher or lower standard than that set forth in any other ordinance of the Town or under the laws of the state, the higher standard shall prevail. Interpretation shall be the authority of the planning director or their designee.

24.10-5.

Compliance.

(A)

It shall be the duty of each owner and each operator of a non-residential building or premises within the Town to comply with the regulations and requirements set forth in this article. No license, permit or certification of occupancy shall be issued unless and until all applicable sections of this article have been complied with.

(B)

No land or building or combination thereof shall be used in a manner inconsistent with or in conflict with the requirements of this article.

24.10-6.

Demolition of Non-Residential Buildings. Where a building is under the jurisdiction of the code, the building may be demolished by the owner provided that the following requirements are met:

(A)

The owner obtains a demolition permit from the Town of Jamestown.

(B)

All sewer, gas, water and similar taps or connections are properly closed and disconnected.

(C)

All debris from the building is removed from the site. This requirement is for the removal of all debris that is above the street level of the building.

(D)

The lot is graded to a smooth, even, finished grade, and free from building material, debris, holes and/or depressions. Where building debris remains on the site below street level, the owner must back fill the lot with 12 inches of clean fill which shall be graded to a smooth, even finished grade.

(E)

Where walls of adjacent buildings become exposed as a result of the demolition, the walls must have all doors, windows, vents or other similar openings closed with material of the type comprising the wall. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stuccoed, or bricked so as not to detract from the aesthetics and value of the adjacent property and weather proofed to prevent deterioration of the wall.

24.10-7.

Buildings and Premises Damaged.

(A)

Any building or premises damaged by fire, storm, collapse or an act of nature to such an extent that the cost of repair and reconstruction does not exceed 50 percent of the physical valuation of the entire structure at the time the damage occurred, the damaged portions of the building or premises may be razed or shall be secured to prevent unauthorized entry and repaired in a manner that complies in all respects with all ordinances of the Town related to new buildings.

(B)

The razing or repair work shall begin within 120 days of the damage. Extensions of this time requirement may be issued by the board of adjustments and appeals upon showing of cause by the property owner.

24.10-8.

Duties and Responsibilities of Owner.

(A)

Relationship of duties and responsibilities to occupancy.

1.

The provisions of this article that apply to the exterior or exterior components of a structure or building shall be complied with whether the structure or building is occupied or vacant. All unoccupied or vacant structures or buildings shall be secured by the owners to prevent the entry of unauthorized persons or the formation of nuisance conditions such as infestation, including roosting birds.

(B)

Nuisances and hazards. It shall be the duty and responsibility of the owner of non-residential premises to see that the premises under the control of the owner are maintained to ensure that there is compliance with the following provisions of this section:

1.

The premises are free of all nuisances and any hazards to the safety of the occupants, customers or other persons utilizing the premises or to pedestrians passing thereby.

2.

The premises are free of loose and overhanging objects which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof. (State Building Code Reference, § 105.12, Unsafe buildings)

3.

The premises are free of holes, excavations, breaks, projections, or obstructions on walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to and used by persons on the premises. All the holes and excavations shall be filled and repaired, walks and steps replaced, and other conditions removed where necessary to eliminate hazards or unsafe conditions with reasonable dispatch by the owner upon their discovery.

(C)

Condition of exterior of premises and structures.

1.

The exterior of the premises and structure shall be maintained in good repair and free from deterioration so as not to constitute a nuisance.

2.

All surfaces shall be maintained free of cracked or broken glass, loose shingles, loose wood, crumbling stone or brick, loose, or broken plastic or other similar hazardous conditions. (State Building Code reference, § 105.12, Unsafe buildings)

3.

All structures and decorative elements of building exteriors shall be repaired or replaced in a workmanlike manner to match as closely as possible the original materials and construction techniques.

(D)

Soundness of floors, interior walls and ceilings. All floors, interior walls and ceilings of every structure shall be structurally sound and shall be maintained in a good condition compatible with its business use, and where open to the public shall be maintained in a condition so as not to constitute a hazard to the public.

(E)

Structurally deficient building in rear. Structures at the rear of buildings attached or unattached to the principal structure, which are found by the planning director or their designee to be structurally deficient, shall be properly repaired or demolished.

(F)

Removal of miscellaneous elements on building walls, roofs and surrounding premises. All existing miscellaneous elements on building walls and roofs and surrounding premises, such as empty electrical or other conduits, unused sign brackets and the like shall be removed.

(G)

Walls.

1.

All foundation walls shall be kept structurally sound, and capable of bearing imposed loads safely. (State Building Code reference, § 1302.3, Concrete footings and § 1302.5, Foundation walls)

2.

All material used to maintain or reconstruct a wall or part thereof, including the application of sidings or other surfacing material, shall be of standard quality.

3.

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. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stuccoed, or bricked so as not to detract from the aesthetics and value of adjacent property and weather proofed, if necessary, with construction material to prevent deterioration of the wall.

(H)

Windows.

1.

All windows must be tight fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints, or broken or loose mullions or muntins shall be replaced. All broken and missing windows shall be replaced with glass or plexiglass. All exposed wood shall be repaired and painted.

2.

All windows shall be maintained free of broken glass. Where a window glass larger than four square feet becomes cracked to an extent that the largest single portion of the window free of a crack is less than 80 percent of the total surface area of the window glass, the window glass shall be replaced by a pane free of cracks.

3.

All openings originally designed as windows shall be maintained as windows, complete with sills, lintels, frame, and glass, unless specifically approved by the fire chief for enclosure. Where the fire chief approves the enclosure of a window, it must be so enclosed by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior, or by boarding up the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion and painted or stained to properly conform with the other exterior portions of the building.

(I)

Painting.

1.

All exterior surfaces which require paint or sealing in order to protect the underlying surface from deterioration shall be so painted or sealed.

2.

All exterior surfaces which have been painted shall be maintained free of peeling and flaking. Where 15 percent or more of the aggregate of any painted wall shall have peeling or flaking or previous paint worn away, the entire wall shall be repainted.

(J)

Signs. All advertising structures and awnings and their accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. All non-operative signs shall be repaired or shall, with their supporting members, be removed forthwith. In the event the signs, billboard, marquees, or awnings are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event the awnings or marquees are made of cloth, plastic or of a similar material, the awnings or marquees shall be maintained so as not to show evidence of excessive tearing, ripping, or other holes which diminish their function and cause unsightly conditions. Nothing herein shall be construed to authorize any encroachments on streets, sidewalks, or other parts of the public domain.

(K)

Washrooms.

1.

All washrooms and water closet compartment floors shall be surfaced with water-resistant material and shall be always kept in a dry and sanitary condition.

2.

All washrooms shall be provided with permanently installed artificial lighting fixtures with a switch and wall plate so located and maintained that there is no danger of short circuiting from water, from other bathroom facilities or from splashing water. (National Electrical Code reference, protection against corrosion, § 300-6, and switches, § 380-4)

(L)

Garbage.

1.

There shall not be stored or allowed to accumulate flammable or combustible liquids or other materials on the premises unless they are of a type approved for storage by the regulations of the National Fire Protection Association, and then only in quantities as may be prescribed by the regulations. (Fire Protection Code reference, order to eliminate injurious or hazardous conditions, and State Building Code.

2.

No garbage or solid waste shall be stored or allowed to accumulate on the premises unless contained in trash receptacles.

(M)

Appurtenances.

1.

All chimneys, flues and vent attachments thereto shall be maintained structurally sound. Chimneys, flues, gas vents or other draft-producing equipment which are in use shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases (State Building Code reference, chimneys, fireplace stoves, fireplaces and venting systems)

2.

All exterior porches, landings, balconies, stairs, and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free of defects. (State Building Code reference, outside stairs, and exterior balconies, § 1108, and fire escapes, § 1007.4)

3.

All cornices shall be made structurally sound, and rotten or weakened portions shall be removed and/or replaced to match as closely as possible the original patterns. All exposed wood shall be painted. (State Building Code reference, § 710)

4.

Gutters and downspouts shall be replaced or repaired as necessary and shall be neatly located and securely installed.

5.

Where a parking lot is constructed as part of a non-residential building or as a business itself, the parking lot, and all curbing, surfacing, sidewalks, and other parts thereof shall be maintained free of broken surfaces, holes, or other similar conditions. All non-residential parking lots so described herein shall be repaired or replaced with like material.

6.

Where landscaping has been incorporated in the development plan of a non-residential building or where landscaping has been required by the Town as part of a development plan, including parking plan, the landscaped areas shall be maintained in a manner to equal and reflect the original landscaping approved for the development plan.

7.

Where curb cuts are abandoned due to new construction, change of access or general discontinuous use, the curb cut shall be closed and replaced with a standard sidewalk and curb and gutter arrangement.

8.

Damage to public sidewalks or curbs and gutters located in the public right-of-way shall be repaired or replaced at no expense to the Town when the damage is caused by vehicles making deliveries to the commercial premises under the control of the owner.

24.10-9.

Duties and Responsibilities of Operator.

(A)

Ensuring compliance. It shall be the duty and responsibility of the operator to ensure compliance with this subchapter.

(B)

Safe and sanitary condition of premises. All parts of the premises under the control of the operator shall be kept in a safe and sanitary condition consistent with the business use, and the occupant shall refrain from performing any acts which would render other parts of the premises unsafe or unsanitary, or which would obstruct any adjacent owner or operator from performing any duty required, or from maintaining the premises in a safe and sanitary condition.

(C)

Elimination of infestation. Every operator shall be responsible for the elimination of infestation in and on the premises, subject to the operator's control.

(D)

Maintenance of plumbing fixtures. Every operator shall maintain all plumbing fixtures in a safe and sanitary condition.

(E)

Garbage containers. No garbage or other solid waste shall be stored or allowed to accumulate on the premises unless contained in receptacles which are in accordance with § 50.05.

(F)

Repair of damage to public right-of-way. Damage to public sidewalks or curb and gutter located in the public right-of-way shall be repaired or replaced at no expense to the Town when the damage is caused by vehicles making deliveries to the business under the control of the operator.

(G)

Notifying owner of defects. Where the owner would not otherwise know of a defect of any facility, utility or equipment required to be furnished hereunder and the same is found to be defective or inoperable, the operator affected thereby shall, upon learning of the defect, provide notice to the owner.

24.10-10.

Administration and Enforcement.

(A)

Maintenance code administrator.

1.

The planning director or their designee shall act as the maintenance code administrator. It shall be their duty and responsibility to enforce this article and to legally proceed against each person found in violation of the requirements of this article.

2.

All inspections, regulations, and enforcement of violations of the provisions of this article, unless expressly stated to the contrary, shall be under the direction and supervision of the administrator.

3.

All buildings and premises as set forth in this article are subject to inspections by the administrator or the administrator's designated representatives. Upon presentation of proper identification and credentials to the owner, agent, or occupant in charge of the property and/or premises, and securing the person's oral or written permission, the administrator and/or representative may enter and make any inspections as necessary during all reasonable hours.

4.

If permission for entry for the purpose of inspections is denied, and no emergency exists, the administrator shall, after presentation of probable cause, procure a court order from the district court judge.

5.

In cases of emergency where extreme hazards are known to exist which may involve potential loss of life or severe property damage, the above limitations will not apply.

6.

Relief from personal liability. Any official, officer, employee, or authorized qualified third-party agency or individual charged with the enforcement of this code, while acting for the Town, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property because of an act required or permitted in the discharge of the official duties described herein.

(B)

Board of adjustments and appeals.

1.

There is hereby established a board to be called the board of adjustments and appeals.

2.

The board of adjustments and appeals shall be that authorized, established, and appointed body responsible for hearing appeals and requests for variance, created and authorized by this article.

3.

The procedures, rules and processes established for the board of adjustment shall apply.

4.

The duties of the board of adjustments and appeals shall be to:

a.

Consider and determine appeals whenever it is claimed that the true intent and meaning of this article or any of the regulations hereunder have been misconstrued or wrongly interpreted or applied by the maintenance code administrator or the administrator's representative.

b.

Grant, in cases where the application of the requirement of this code in the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner, reasonable extensions of time not to exceed six months from date of the notice. No subsequent appeal shall be considered where an appeal has been previously decided involving the same building or premises and the same citation unless the appellant can demonstrate to the satisfaction of the board a change in circumstances sufficient to justify reopening the appeal.

5.

All decisions of the board of adjustments and appeals which vary the application of any provision of this article or modify an order of the administrator shall specify in what manner the variance or modification is to be made, the conditions under which it may be made and the reasons therefor. Every decision shall be in writing, and a copy of all decisions shall be promptly filed in Town Hall, and it shall be open to public inspection.

(C)

Appeals.

1.

Within ten days following receipt of a notice of violation, any person receiving the notice, believing that the literal application of this article will cause undue hardship or has been misconstrued, wrongly interpreted, or applied, may appeal in writing to the board of adjustments and appeals for the relief as may be granted, after investigation of the grounds thereof, by way of a reasonable extension of time or a variation from strict compliance with the provisions of this article. The circumstances justifying the findings related to hardship are:

a.

Inability to immediately comply due to severe financial distress,

b.

The unavailability of services or equipment with which to comply, without fault of the applicant, and/or

c.

Other extenuating circumstances showing a good faith intention on the part of the applicant or another to comply when able to do so.

2.

The appeal shall be on a form provided by and shall be addressed to the planning director or their designee, where proper forms will be prepared and forwarded to the chairman of the board of adjustments and appeals, who will set the date and time of hearing and so notify the applicant. This section shall not be construed to apply to any situation regarded by the enforcement authority as a real and immediate threat to public safety and health. Any person aggrieved by the decision of the board may petition any court of competent jurisdiction within the county. Any appeal of this sort must be filed with the court within 15 days from the date of the board's decision or it shall be considered abandoned.

6.

To defray the cost of processing an appeal fee is to be set by the board in the annual budget ordinance shall be required. All fees are payable to the Town and must be paid prior to processing the appeal.

(D)

Amendments. The town council may from time to time amend, supplement, or change the provisions and requirements of this code. Any amendment shall be by ordinance of the board. Initiation of any amendment may be by the town council, planning board, or by a private citizen.

(E)

Violations.

1.

Whenever the maintenance code administrator or any other authorized official determines that there exists a violation of any provision of this article, the administrator shall give notice of the violation to the person responsible therefor or to the person's agent or representative, and order compliance.

2.

The notice and order shall be in writing; specify in detail the violations, together with the respective sections of this article being violated; setting forth 30 days within which to correct the violations; contain an outline of remedial action which, if taken, will effect compliance.

3.

Service of the notice shall be by delivery personally to the owner or operator of the property or the person responsible; by leaving the notice at the usual place of abode or business of the owner, operator or the person's agent, or by depositing the notice in the United States post office addressed to the owner or operator or the person's agent or person responsible at the last known address with postage prepaid thereon, and certified or registered; or in the event service of the notice cannot be obtained in one of the above methods by posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises where the violation has occurred and published once a week for three weeks in a newspaper of general circulation in the Town any information as is necessary to inform an owner, operator or person responsible of the location of the premises and the type of offense. No person shall deface or remove the notice without the consent of the administrator.

(F)

Penalty.

1.

Any person, or any person's agent who shall violate a provision of this article, or after due notice shall fail to comply with orders issued by the maintenance code administrator under the terms and provisions of this article shall be subjected to a civil penalty in the following amounts:

a.

For the first notice, a fine of $150.00; and

b.

For the second notice, a fine of $300.00.

(2)

The first notice citation shall be issued one day after the 120-day notice and order to correct the violation has expired, if not corrected. The second notice citation shall be issued 14 days after the first notice citation if the first notice citation has not been paid and the violation has not been corrected.

(3)

The maintenance code administrator shall bring suit in small claims court for recovery. The administrator shall represent the Town in this matter.

(4)

Beginning on the fifth day after the issuance of the second notice, each day of any violation of this article shall constitute a separate violation punishable as separate violations of this article. Each day of violation will carry a civil penalty in the amount of $75.00 per day.