It shall be unlawful for the owner of any nonresidential structure to fail, neglect, or refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon order of the inspector duly made and served as provided in this Article, within the time specified in such order. Each day that any such failure, neglect, or refusal to comply with such order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any nonresidential structure, with respect to which an order has been issued pursuant to Section 23-10, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration, or improvement or its vacation and closing.

23A-2.1

Pursuant to G.S. 160D-1129, it is hereby found and declared that there exist in the City, nonresidential structures that are dangerous and injurious to public health, safety, and welfare.

23A-2.2

In order to protect the health, safety, and welfare of the residents of the City as authorized by G.S. Chapter 160D-1129, it is the purpose of this Article to establish minimum standards of fitness for the initial and continued occupancy of all nonresidential structures used by its occupants or members of the general public, as expressly authorized by G.S. 160D-1129.

(Ord. No. 2025-O-04, 1-14-2025)

Every nonresidential structure occupied or held out for occupancy shall comply with all of the minimum standards of fitness for occupancy and all of the requirements of Sections 23A-4 through 23A-8. No person shall occupy as owner-occupant, or let to another for occupancy or use any nonresidential structure that does not comply with all of the minimum standards of fitness for occupancy and all of the requirements of Sections 23A-4 through 23A-8. The inspector may determine that a nonresidential structure is unfit for occupancy if he finds that conditions exist at the structure that render it dangerous or injurious to the health, safety, and welfare of its occupants or the general public.

23A-4.1

A nonresidential structure shall include its own sanitary facilities, which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. These facilities shall utilize an approved public disposal system.

23A-4.2

All required plumbing fixtures shall be located within the structure and shall be accessible to the occupants of the same. A flush toilet and a fixed basin shall be located in a separate room in the structure affording privacy to the user.

23A-4.3

Every restroom shall comply with the light and ventilation requirements of the state mechanical code except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilation system.

23A-4.4

All plumbing fixtures and appliances shall meet the standards of the state plumbing code and shall be maintained in a state of good repair and in good working order.

23A-4.5

The water supply of a nonresidential structure shall be free from contamination.

23A-4.6

The structure shall be served by an approved public or private sanitary water supply.

No person shall occupy any nonresidential structure that does not comply with the following requirements:

23A-5.1

All fixtures, receptacles, equipment, and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed and connected to the source of electric power.

23A-5.2

The minimum capacity of the service supply and the main disconnect switch shall be sufficient to adequately carry the total load.

23A-5.3

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 state electrical code.

23A-6.1

All heating and cooling equipment and facilities shall be installed in accordance with the relevant building, gas, or electrical codes and shall be maintained in a safe and good working condition.

23A-7.1

Every nonresidential structure shall have adequate garbage disposal facilities or garbage storage containers, the type and location of which facilities or containers are approved by the City.

(Ord. No. 2025-O-04, 1-14-2025)

23A-8.1

A nonresidential structure shall be structurally sound so as not to pose any threat to the health and safety of the occupants or the general public and so as to protect the occupants from the environment.

23A-8.2

Walls and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling, or noticeable movement under walking stress, missing parts, or other serious damage. The roof structure shall be firm and the roof shall be weathertight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior stairways, halls, porches, walkways, etc. shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe operating condition.

23A-8.3

The structure's foundation walls, piers, or other structural elements shall be maintained in a safe manner and capable of supporting the load that normal use may cause to be placed thereon.

23A-8.4

The exterior walls shall be substantially weathertight, watertight, and shall be made impervious to the adverse effects of weather and be maintained in sound condition and good repair.

23A-8.5

Roofs shall be maintained in a safe manner and have no defects that might admit rain or cause dampness in the walls or interior portions of the building.

23A-8.6

Every nonresidential structure shall have safe, unobstructed means of egress leading to a safe and open space at ground level.

23A-8.7

Every inside and outside 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.

23A-8.8

Every exterior door shall be provided with proper hardware and maintained in good condition.

23A-8.9

Every exterior door shall fit reasonably well within its frame so as to substantially exclude rain and wind from entering the structure.

23A-8.10

All exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment.

23A-8.11

Garages, storage buildings, and other accessory structures shall be maintained and kept in good repair and sound structural condition.

23A-8.12

Every structural element of the structure shall be maintained structurally rodent-proof, shall be kept in sound condition and good repair, and shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon.

23A-8.13

Every structural element of the structure shall be maintained structurally sound and show no evidence of deterioration that would render them incapable of carrying loads that normal use may cause to be placed thereon.

23A-9.1

Investigation. Whenever it appears to the public officer 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 the City Council the inspector shall undertake a preliminary investigation. If entry upon the premises for purposes of investigation is necessary, such entry shall be made pursuant to a duly issued administrative search warrant in accordance with G.S. 15-27.2 or with permission of the owner, the owner's agent, a tenant, or other person legally in possession of the premises.

23A-9.2

Complaint and Hearing. If the preliminary investigation discloses evidence of a violation of the minimum standards, the inspector 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 state the charges and contain a notice that an administrative hearing will be held before the inspector, or his or her designated agent, at a place within the county scheduled not less than 10 days nor more than 30 days after the serving of the complaint; 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 that the rules of evidence prevailing in courts of law or equity are not controlling in hearings before the inspector.

23A-9.3

Order. If, after notice and hearing, the inspector determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by the City Council, the inspector shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order. The order may require the owner to take remedial action, within a reasonable time specified, subject to the procedures and limitations herein.

23A-10.1

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 the City or to vacate and close the nonresidential building or structure for any use.

23A-10.2.

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 fifty percent (50%) 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 City Council determines, after an administrative 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 the City Council.

23A-10.3

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.

(Ord. No. 2025-O-04, 1-14-2025)

23A-11.1

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 City Council may adopt an ordinance ordering the inspector to proceed to effectuate the purpose of this section with respect to the particular property or properties that the inspector found to be jeopardizing the health or safety of its occupants or members of the general public. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the register of deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the inspector may cause the building or structure to be repaired, altered, or improved or to be vacated and closed. The inspector 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 is guilty of a Class 3 misdemeanor.

23A-11.2

If the owner fails to comply with an order to remove or demolish the nonresidential building or structure, the City Council may adopt an ordinance ordering the inspector to proceed to effectuate the purpose of this section with respect to the particular property or properties that the inspector 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 the City Council. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the register of deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the inspector may cause the building or structure to be removed or demolished.

If the City Council has adopted an ordinance or the inspector 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 City 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 City in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area. Upon such findings, the City Council may, after the expiration of the two-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:

23A-12.1 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 fifty percent (50%) 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.

23A-12.2 If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards exceeds fifty percent (50%) of its then current value, the ordinance shall require the owner to demolish and remove the building or structure within 90 days.

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 (5) years before the City Council may take action under this subsection. The ordinance shall be recorded in the office of the register of deeds in the county wherein the property or properties are located 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 inspector shall effectuate the purpose of the ordinance.

(Ord. No. 2025-O-04, 1-14-2025)

Complaints or orders issued by an inspector pursuant to an ordinance adopted under this section shall be served upon persons either personally or by certified mail so long as the means used are reasonably designed to achieve actual notice. When service is made by certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the certified mail is refused but the regular mail is not returned by the post office within 10 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. 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 and the inspector makes an affidavit 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 City at least once no later than the time that personal service would be required under this section. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.

(Ord. No. 2025-O-04, 1-14-2025)

23A-14.1

The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the inspector are 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 Article 10 of Chapter 160A of the General Statutes.

23A-14.2

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

23A-14.3

If the nonresidential building or structure is removed or demolished by the inspector, 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 superior court by the inspector, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this section 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.

(Ord. No. 2025-O-04, 1-14-2025)

If any occupant fails to comply with an order to vacate a nonresidential building or structure, the inspector may file a civil action in the name of the City to remove the occupant. The action to vacate is in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying the nonresidential building or structure. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date, and place not to exceed 10 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 City Council pursuant to Subsection (23A-11.1) of this section 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 City Council has ordered the inspector to proceed to exercise his or her duties under Section 23A-11.1 to vacate and close or remove and demolish the nonresidential building or structure.

(Ord. No. 2025-O-04, 1-14-2025)

The City Council may impose civil penalties against any person or entity that fails to comply with an order entered pursuant to this section. However, the imposition of civil penalties does not limit the use of any other lawful remedies available to the City Council for the enforcement of any ordinances adopted pursuant to this section.

The powers conferred by this section are supplemental to the powers conferred by any other law. The inspector is authorized to exercise any powers necessary or convenient to carry out and effectuate the purpose and provisions of this section, including the following powers in addition to others herein granted:

23A-17.1

To investigate nonresidential buildings and structures in the City's planning and development regulation jurisdiction to determine whether they have been properly maintained in compliance with the minimum standards so that the safety or health of the occupants or members of the general public are not jeopardized.

23A-17.2

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

23A-17.3

To enter upon premises pursuant to Subsection 23A-9.1 of this section for the purpose of making examinations in a manner that will do the least possible inconvenience to the persons in possession.

23A-17.4

To appoint and fix the duties of officers, agents, and employees necessary to carry out the purposes of the ordinances adopted by the City Council.

23A-17.5

To delegate any of his or her functions and powers under the ordinance to other officers and agents.

(Ord. No. 2025-O-04, 1-14-2025)

23A-18.1

Any person aggrieved by an order of the inspector may appeal therefrom to the Board of Adjustment. A notice of appeal must be filed within ten (10) days from the rendering of the decision or service of the order. Such notice must be filed with the inspector and with the secretary or chairperson of the Board of Adjustment and shall specify the grounds upon which the appeal is based.

23A-18.2

Upon the timely filing of the notice of appeal, the inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the decision or order appealed from was made.

23A-18.3

When an appeal is from a decision or order 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 Board unless the inspector certified to the Board, after notice of appeal is served upon him or her, that because of facts stated in the certificate (a copy of which shall be furnished to the appellant), a suspension of his or her order 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 (1) day's written notice to the inspector by a court of competent jurisdiction upon petition made pursuant to G.S. 160D-405(f).

23A-18.4

The chairperson or assistant chairperson of the Board of Adjustment shall fix a time for hearing the appeal within thirty (30) days of receiving the notice of appeal, shall give all parties due notice of the time, date, and place, and shall announce the Board's decision within ten (10) days of the date of the hearing. Any party may appear in person, by agent or by attorney. The Board will use the quasi-judicial procedures outlined in Article 6 herein when conducting the hearing and follow all other requirements of Article 3 herein. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision or 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 four-fifths (⅘) of the Board shall be necessary inspector. 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 minimum standards, to adapt 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 pursuant to the provisions of Article 5, Part 3 herein.

23A-19.1

Parties in interest means all individuals, associations, and corporations who have interests of record in a nonresidential building or structure and any who are in possession thereof.

23A-19.2

Vacant manufacturing facility means any building or structure previously used for the lawful production or manufacturing of goods, which has not been used for that purpose for at least one (1) year and has not been converted to another use.

23A-19.3

Vacant industrial warehouse means any building or structure designed for the storage of goods or equipment in connection with manufacturing processes, which has not been used for that purpose for at least one (1) year and has not been converted to another use.

23A-19.4

The phrase "Chapter 160D" shall mean Chapter 160D of the North Carolina General Statutes. Chapter 160D is applicable to this Ordinance. In the event of any conflict between this Ordinance and Chapter 160D, the provisions of Chapter 160D shall control.