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Valdese City Zoning Code

CHAPTER 1

Building and Housing Regulations

Section 9-1001 North Carolina State Building Code adopted; where copy filed.

   The minimum standards, provisions and requirements for safe and stable design, methods of construction and usage of materials in buildings and structures hereafter erected, enlarged, altered, repaired, moved, converted to other uses or demolished, and the equipment, maintenance, use and occupancy of all buildings and structures in the town, to which the North Carolina State Building Code applies, shall be regulated in accordance with the terms of the North Carolina State Building Code, 1967 edition, which is hereby adopted and incorporated herein by reference as fully as though set forth at length herein; provided, that a copy of such North Carolina State Building Code shall be placed and remain on file in the office of the town clerk and in the office of the building inspector. (Code 1970, Sec. 5-1)

Section 9-1002 North Carolina Uniform Residential Building Code adopted; where copies filed.

   Whereas the North Carolina State Building Code excludes one and two-family dwellings and certain other buildings from the provisions thereof, there is hereby adopted and incorporated herein by reference as fully as though set forth at length herein, all provisions of the North Carolina Uniform Residential Building Code, 1968 edition, regulating the construction of one-family and two-family dwellings within the town. A copy of the North Carolina Residential Building Code hereby adopted is on file in the office of the town clerk and in the office of the building inspector. (Code 1970. Sec. 5-2)

Section 9-1003 Plumbing code adopted.

   There is hereby adopted by reference by the council for the purpose of prescribing rules and regulations governing plumbing work in the town, including plumbing work in one-family and two-family dwellings, the provisions of the North Carolina State Building Code, Article XX, Plumbing, 1963 edition, and the same are here­ by incorporated herein and made a part of this chapter as fully as though set out at length here­ in. Not less than three (3) copies of the plumb­ ing code are on file in the town clerk's office.

Section 9-1004 National Electrical Code adopted.

   There is hereby adopted by reference by the board for the purpose of regulating all electrical construction and materials and appliances used in connection with electrical work and the operation of all electrical apparatus within the town, including that in one-family and two-family dwellings, that certain code known and designated as the National Electrical Code, 1965 edition, as recommended by the National Fire Protection Association. Three (3) copies of the National Electrical Code are on file in the town clerk's office. (Code 1970, Sec. 7-1)

Section 9-1005 Heating, ventilating, air-conditioning code adopted.

   There is hereby adopted by reference by the council for the purpose of regulating heating, ventilating and air conditioning, that certain code known as the North Carolins State Building Code, Volume III, Heating.

Section 9-1021 Organization of department.

   The inspection department shall consist of a building inspector and such other personnel as required, who will be responsible for heating and air-conditioning, electrical inspection and such other inspections as may be necessary. The manager may in his discretion designate a person as the department head or to assist the building inspector.

Section 9-1022 Duties generally.

   The building inspector shall enforce all of the provisions of this article and make all inspections necessary to determine whether or not the provisions of this article are being met.

Section 9-1023 Additional enforcement du­ ties - Dwellings unfit for hu­ man habitation.

   The building inspector shall enforce any ordinances or codes adopted by the governing body relating to the repair, closing and demolition of dwellings unfit for human habitation, pursuant to section 160A-441 et seq. of the General Statutes of North Carolina.

Section 9-1024 Same - Zoning.

   (a)   If the building inspector is charged with enforcing the zoning ordinance of this code, then no permit for alteration, repair or construction of any building shall be issued unless the plans and specifications show that the building and its proposed use will be in compliance with applicable provisions of the zoning ordinance.
   (b)   If the building inspector is not charged with enforcing the zoning ordinance, then no permit for alteration, repair or construction of any building shall be issued unless a zoning permit has first been issued by the appropriate official charged with enforcing the zoning ordinance.
State Law Reference: For state law as to building inspection generally, see G.S., 160A-441 et seq. Organization of inspection department. G.S. 160A-441. Duties of inspection department. G. S. 160A-412.

Section 9-1025 Powers of inspectors.

   (a)   Authority. Inspectors are hereby authorized, empowered, and directed to enforce all the provisions of this chapter.
   (b)   Right-of-entry. Inspectors shall have the right-of-entry on any premises within the jurisdiction of the regulatory codes herein adopted at reasonable hours for the purpose of inspection or enforcement of the requirements of this chapter, upon presentation of proper credentials.
   (c)   Stop orders. Whenever any building or part thereof is being demolished, constructed, reconstructed, altered or repaired in a hazardous manner, or in violation of any provision of this chapter or any other town ordinance, or in violation of any provision of any regulatory code herein adopted, or in violation of the terms of the permit issued therefor, or in such manner as to endanger life or property, the appropriate inspector may order such work to be stopped immediately. Such order shall be in writing to the owner of the property or his agent or to the person doing the work and shall state the reasons therefor and the conditions under which the work may be resumed.

Section 9-1026 Conflicts of interest.

   No officer or employee of the inspection department shall be financially interested in the furnishing of labor, material, or appliances for the construction, alteration or maintenance of a building or any part thereof or in the making of plans or specifications therefor, unless he is the owner of such building. No officer or employee of the inspection department shall engage in any work which is inconsistent with his duties or with the interest of the town.

Section 9-1027 Reports and records.

   The inspection department and each inspector shall keep complete, permanent and accurate records in convenient form of all applications received, permits issued, inspections and reinspections made and all other work and ac­ tivities of the department. Periodic reports shall be submitted to the manager and to other agencies as required.

Section 9-1028 Inspection of work in progress - required generally.

   (a)   The inspection department shall inspect all buildings and work therein for which a permit of any kind has been issued as often as necessary in order to determine whether the work complies with this article.
   (b)   When deemed necessary by the appropriate inspector, materials and assemblies may be inspected at the point of manufacture or fabrication, or inspections may be made by approved and recognized inspection organi­ zations; provided, that no approval shall be based upon reports of such organizations unless the same are in writing and certified by a responsible officer of such organization.
   (c)   All holders of permits, or their agents, shall notify the inspection department and the appropriate inspector at each of the following stages of construction so that approval may be given before work is continued:
   (1)   Foundation inspection. To be made after trenches are excavated and the necessary rein­ forcement and forms are in place, and before concrete is placed. Drilled footings, piles and similar types of foundations shall be inspected as installed.
   (2)   Framing inspection. To be made after all structural framing is in place and all roughing­in of plumbing and electrical and heating has been installed, after all fire blocking, chimneys, bracing and vents are installed, but before any of the structure is enclosed or covered. Poured in place concrete structural elements shall be inspected before each pour of any structural member.
   (3)   Fireproofing inspection. To be made after all areas required to be protected by fireproofing are lathed, but before the plastering or other fireproofing is applied.
   (4)   Final inspection. To be made after building or structure has all doors hung, fixtures set, and ready for occupancy, but before the building is occupied.
State Law Reference: For similar state law on conflict of interest, see G. S. 160A415. Records, see G. S. 160A433. Inspection of work in progress, see G. S. 160A420.

Section 9-1029 Calls for inspection.

   (a)   Request for inspections may be made to the office of the inspection department or to the appropriate inspector. The inspection department shall make inspections as soon as practicable after request is made therefor, provided such work is ready for inspection at the time the request is made.
   (b)   Reinspections may be made at the convenience of the inspector. No work shall be inspected until it is in proper and completed condition ready for inspection. All work which has been concealed before the inspection and approval shall be uncovered at the request of the inspector and placed in condition for proper inspection. Approval or rejection of the work shall be furnished by the appropriate inspector in the form of a notice posted on the building or given to the permit holder or his agent. Failure to call for inspections or proceeding without approval at each stage of construction shall be deemed a violation of this article.

Section 9-1030 Same; survey of street lines.

   Street or alley lines. Where the applicant for a permit proposes to erect any building or structure on the line of any street, alley, or other public place, he shall secure a survey of the line of such street, alley, or other public place, adjacent to the property upon which such building or structure is to be erected before proceeding with construction of such building or structure. It shall be the duty of the building inspector to see that the building does not encroach upon such street, alley, or other public place.

Section 9-1031 Certificate of occupancy.

   No new building or part thereof, no addition or enlargement of any existing building, and no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part thereof until issued a certificate of occupancy therefor. A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building. Application for a certificate of occupancy may be made by the owner or his agent after all final inspections have been made for new buildings, or, in the case of ex1stfng buildings, after supplying the information and data necessary to determine compliance with this chapter, the appropriate regulatory codes and any zoning ordinance for the occupancy intended. The inspection department shall issue a certificate of occupancy when, after examination and inspection, it is found that the building in all respects conforms to the provisions of this chapter, the regulatory codes, and any zoning ordinance for the occupancy intended.

Section 9-1032 Oversight not to legalize violation.

   No oversight or dereliction of duty on the part of any inspector or other official or employee of the inspection department shall be deemed to legalize the violation of any provi­ sion of this chapter or any provisions of any regulatory code herein adopted.

Section 9-1041 Scope of article.

   (a)   The provisions of this article and of the regulatory codes herein adopted shall apply to the following:
   (1)   The location, design, materials, equipment, construction, reconstruction, alteration, repair, maintenance, moving, demolition, removal, use and occupancy of every building or structure or any appurtenances connected or attached to such building or structure.
   (2)   The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of house sewers, building drains, waste and vent systems, hot and cold water supply systems and all fixtures and appurtenances thereof.
   (3)   The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air-conditioning and refrigeration systems, fuel burning equipment and appurtenances thereof.
   (4)   The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances thereof.
   (b)   The adoption of this article and the codes herein adopted by reference shall constitute a resolution within the meaning of section 143-138 (b) of the General Statutes of North Carolina making the regulatory codes herein adopted applicable to dwellings and out buildings used in connection therewith and to apartment buildings used exclusively as the residence of not more than two (2) families.

Section 9-1042 Registration of contractors; required.

   Every person carrying on the business of building contractor, plumbing contractor, heating and air-conditioning contractor or electrical contractor within the town shall register at the office of the inspection department, giving his name and place of business.

Section 9-1043 Same; bond.

   The building inspector may at his discretion request a good and sufficient bond in the sum of $1000, to be approved by the town attorney, conditioned upon the faithful performance of a contractor in doing any work which he con­ tracts to do and indemnifying the town against loss in any manner whatsoever for any unskillful or negligent work or conduct in the performance of the duties imposed by the provisions of this article, for any damage to any utility lines, streets or sidewalks in the town, for the use of defective or improper material in such work, for any damage which may accrue to any person by reason of default of the contract or for the pay­ ment of any inspection or other fees required by this article.

Section 9-1044 Permits; required.

   (a)   Building permit. No person shall commence or proceed with the construction, reconstruction, alteration, repair, removal or demolition of any building or any part thereof, without a written permit therefor from the building inspector; provided, that no building permit shall be required for work the total cost of which does not exceed $100 and which does not involve any change of the structural parts or the stairways, elevators, fire escapes or other means of egress from the building.
   In cases of removal or demolition of a building or structure, a good and sufficient bond in the sum of $500 may be required to be posted by the property owner or by his contractor at the time of application for a permit to insure complete removal or demolition, including all rubble and debris. Failure on the part of the property owner or his contractor to completely demolish, remove and clear the premises after 30 days' notice by the building inspector, shall be cause for forfeiture of such bond.
   (b)   Plumbing permit. No person shall commence or proceed with the installation, extension, or general repair of any plumbing system without a written permit therefor from the plumbing inspector; provided, that no permit shall be required for minor repairs or replacements on the house side of a trap to an installed system of plumbing if such repairs or replacements do not disrupt an original water supply or the waste or ventilating systems.
   (c)   Heating and air-conditioning permit. No person shall commence or proceed with the installation, extension, alteration or general repair of any heating or cooling equipment system without a written permit from the heating and air-conditioning inspector; provided, that no permit shall be required for minor repairs or minor burner services or filter replacements of warm air furnaces or cooling system.
   (d)   Electrical permit. No person shall commence or proceed with the installation, extension, alteration or gene:tal repair of any electrical wiring, devices, appliances or equipment without a written permit therefor from the electrical inspector; provided, that no permit shall be required for minor repair work such as the replacement of lamps or the connection of portable devices to suitable receptacles which have been permanently installed. No permit shall be required for the installation, alteration or repair of the electrical wiring, devices, appliances and equipment installed by or for an electrical public utility corporation for the use of such corporation in the generation, transmission, distribution or metering of electrical energy or for the use of such corporation in the operation of signals or the transmission of intelligence.
State Law Reference: For state law as to construction, plumbing, etc., see G. S. 160A417.

Section 9-1045 Same; contents of application.

   Written application shall be made for all permits required by this article on forms provided by the inspection department at least five (5) days prior to construction. Such application shall be made by the owner of the building affected or by his authorized agent or representative, and, in addition to such other information as may be required by the appropriate inspector, shall show the following:
   (1)   Name, residence and business address of the owner.
   (2)   Name, residence and business address of the authorized representative or agent, if any.
   (3)   Name and address of the contractor, if any, together with evidence that he has obtained a certificate from the appropriate state licensing board for such contractors, if such is required for the work involved in the permit for which application is made.

Section 9-1046 Same; plans and specifications.

   (a)   Detailed plans and specifications shall accompany each application for a permit when the estimated total cost of the building is in excess of the amount provided by state law, and for any other building where plans and specifications are deemed necessary by the appropriate inspector in order for him to determine whether the proposed work complies with the appropriate regulatory codes.
   (b)   Plans shall be drawn to scale with sufficient clarity to indicate the nature and extent of the work proposed, and the plans and specifications together shall contain information suffi­ cient to indicate that the work proposed will conform to the provisions of this article.
   (c)   Where plans and specifications are required, a copy of the same shall be kept at the work until all authorized operations have been completed and approved by the appropriate inspector.

Section 9-1047 Same; limitations.

   (a)   No building permit shall be issued for any building the estimated total cost of which is more than $30,000 unless the work is to be per­ formed by a licensed general contractor.
   (b)   No building permit shall be issued for any building, other than a one or two (2) family dwelling, the estimated total cost of which is more than $30,000 unless the plans bear the state seal of a registered architect or a registered engineer.
   (c)   Where any provision of the state law or of this code or other ordinance requires that work be done by a licensed specialty contractor of any kind, no permit for such work shall be issued unless it is to be performed by such contractor.
   (d)   Where detailed plans and specifications are required under this article, no building permit shall be issued unless such plans and specifications have been provided.

Section 9-1048 Same; issuance.

   When proper application for a permit has been made and the appropriate inspector is satisfied that the application and the proposed work comply with the provisions of this chapter, he shall issue such permit upon payment of the proper fees as provided in section 9-2012.

Section 9-1049 Same; revocation.

   The appropriate inspector may revoke and require the return of any permit by notifying the permit holder in writing stating the reason for such revocation. Permits shall be revoked for any material departure from the approved application plans or specifications; for refusal or failure to comply with proper orders of the inspector; for refusal or failure to comply with requirements of this article, or for false statements or misrepresentations made in securing such permit.

Section 9-1050 Time limitations on validity of permit.

   All permits issued under this article shall expire by limitation six (6) months after the date of issuance if the work authorized by the permit has not been commenced. If after commencement the work is discontinued for a period of 12 months, the permit therefor shall immediately expire. No work authorized by any permit which has expired shall thereafter be performed until a new permit therefor has been secured.

Section 9-1051 Changes in work after permit issued.

   After a permit has been issued, no changes or deviations from the terms of the application and permit or changes or deviations from the plans or specifications involving any work under the jurisdiction of this chapter shall be made until specific written approval of such changes or deviations has been obtained from the appropriate inspector.

Section 9-1052 Schedule of permit fees.

   Fees for permits shall be based upon the total estimated cost of the proposed work, including all sub-contracts if any, but in no case shall the total estimated cost be less than the market value of similar completed work in the town as determined by the appropriate inspector. Permit fees shall be as set out in the schedule in the town clerk's office.

Section 9-1093 Exercise of police powers; authority.

   The Town Council hereby finds and declares that there exists within the town limits and its environs unsafe structures which are a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children or frequent use by vagrants as living quarters in the absence of sanitary facilities. In order to alleviate these unsafe and dangerous conditions for the health, safety, and welfare of the citizens and its environs, a public necessity exists to exercise the police powers conferred upon the town for the repair, closing or demolition of such structures.
(Res. of 5/6/19; Ord. of 6/28/21)

Section 9-1094 Definition of abandoned and/or unsafe structure.

   An abandoned and/or unsafe structure is defined as a nonresidential building or structure which has not been occupied by authorized persons for at least six (6) months and which persistently or repeatedly becomes unprotected or unsecured, or which has been occupied by unauthorized persons, or which presents a danger of structural collapse, fire, disease, or a threat to children.
(Res. of 5/6/19; Ord. of 6/28/21)

Section 9-1095 Procedure for enforcement.

   Duty of code official/code enforcement officer. It shall be the duty of the code official or code enforcement officer to examine non-residential structures located in the town and its environs where conditions described in (b) below exist for the purpose of locating and taking action with respect to such structures as appear to be a health or safety hazard. 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.
   (a)   Notice of complaint. If the inspection discloses health or safety hazards as described in this article, the official shall affix a notice of unsafe character in a conspicuous place on the exterior wall of the structure giving notice of its unsafe or dangerous conditions and cause to be served upon the owner of and parties in interest to the structure a complaint stating the charges and containing a notice. If the owner of a building or structure that has been condemned as unsafe pursuant to G.S. 160D-1129 shall fail to take prompt corrective
measures, the official shall give him written notice, by certified or registered mail to the last known address or by personal service, that the building or structure is in a condition that appears to meet one or more of the following conditions:
   (1)   Constitutes a fire and safety hazard;
   (2)   Is dangerous to life, health, or other property;
   (3)   Is likely to cause or contribute to blight, disease, vagrancy or danger to children; or
   (4)   Has a tendency to attract person/s intent on criminal activities or other activities which would constitute a public nuisance.
   A hearing will be held before the official at a designated place therein fixed, not less than ten (10) nor more than thirty (30) days after serving of said complaint. 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 there of 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.
   No oversight or dereliction of duty on the part of any official or employee of the town shall be deemed to legalize the violation of any provision of this chapter or any provision of any regulatory code adopted in this chapter.
   (c)   Hearing. 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. Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the official.
   (d)   Order. If, after notice and hearing, the public officer determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by this Article, the public officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order. The order may require the owner to take remedial action, within a reasonable time specified, subject to the procedures and limitations herein.
   (e)   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 article 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 fifty percent (50%) of its then current value.
   (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.
   (f)   Action by Governing Board Upon Failure to Comply With Order.
   (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 public officer to proceed to effectuate the purpose of this section with respect to the particular property or properties that the public officer 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 public officer may cause the building or structure to be repaired, altered, or improved or to be vacated and closed. The public officer 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.
   (2)   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 public officer to proceed to effectuate the purpose of this section with respect to the particular property or properties that the public officer 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 article. 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 public officer may cause the building or structure to be removed or demolished.
   (g)   Action by Governing Board Upon Abandonment of Intent to Repair. If the Town Council has adopted an ordinance or the public officer 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 local government 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 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.
   (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 years before the Town 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 public officer shall effectuate the purpose of the ordinance.
   (h)   Ejectment. If any occupant fails to comply with an order to vacate a nonresidential building or structure, the public officer 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 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 public officer produces a certified copy of an ordinance adopted by the Town Council pursuant to subsection (f) 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 Town Council has ordered the public officer to proceed to exercise his or her duties under subsection (f) of this section to vacate and close or remove and demolish the nonresidential building or structure.
   (i)   Civil Penalty. The governing board 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 shall not limit the use of any other lawful remedies available to the governing board for the enforcement of any ordinances adopted pursuant to this section.
(Res. of 5/6/19; Ord. of 5/2/22)

Section 9-1096 Appeal; finality of order if not appealed.

   Any owner who has received an order under G.S. 160D-1129 may appeal from the order to the Board of Adjustment by giving notice of appeal in writing to the official and to the Town Clerk within ten days following issuance of the order. In the absence of an appeal, the order of the official shall be final. The Board of Adjustment shall hear and render a decision in an appeal within a reasonable time. The Board of Adjustment may affirm, modify and affirm, or revoke the order.
(Res. of 5/6/19; Ord. of 6/28/21)

Section 9-1097 Securing, closing and demolition by the town.

   If the owner fails to comply with an order of the official to repair, secure and close, vacate or demolish, the official shall take one (1) or more of the following actions as necessary:
   (a)   Secure the issuance of a warrant charging such owner with violation of this article;
   (b)   Secure and close said structure;
   (c)   Cause such structure to be repaired, altered or improved; or
   (d)   Cause such structure to be demolished.
(Res. of 5/6/19)
State law reference–Similar provisions, G.S. 15-27.2

Section 9-1098 Actions by Town Council.

   (a)   The powers of the official as set forth in section 4-103(c) and (d) shall not be exercised until the Town Council has by ordinance ordered the official to proceed to effectuate the purpose of this article with respect to the particular property or properties, which the official has found to be a health or safety hazard and which shall be described in the ordinance. Such ordinance shall be recorded in the office of the register of deeds of the county and shall be indexed in the name of the property owner in the grantor index.
   (b)   The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the official, 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. If the structure is removed or demolished by the official, he shall sell the materials of such structure, any personal property, fixtures or appurtenances found in or attached to the structure, and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the official, shall be secured in such manner as may be 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.
(Res. of 5/6/19)

Section 9-1099 Failure to comply with order.

   If the owner of a building or structure fails to comply with an order issued pursuant to G.S. 160A-429 from which no appeal has been taken, or fails to comply with an order of the Town Council following an appeal, he or she shall be guilty of a Class 3 misdemeanor and may be fined not more than five hundred dollars ($500.00), or such other maximum amount as shall be authorized by North Carolina General Statutes or specifically established in this code, whichever is less, as provided by G.S. 14-4. Every day such person shall willfully fail or refuse to comply with any final order or direction of the code enforcement officer or Town Council made by virtue and in pursuance of this article shall constitute a separate and distinct offense.
(Res. of 5/6/19; Ord. of 5/2/22)

Section 9-1100 Lien on property.

   The amount of the cost of such repair, alterations, improvements, vacating and closing, or demolition ordered by the Town Council or by the official shall be a lien against the real property upon which such cost was incurred; said lien shall be filed, have the same priority and be collected or foreclosed upon in the same manner as is provided for assessments pursuant to G.S. Ch. 160D-1129(i).
(Res. of 5/6/19; Ord. of 6/28/21)

Section 9-1101 Other unlawful actions.

   (a)   No person shall remove or permit the removal of any complaint, notice or order posted in accordance with the provisions of section 9-1095 of this article.
   (b)   It shall be unlawful for the owner of any building upon whom a notice, complaint or order has been served, to sell, transfer, mortgage, lease or otherwise dispose of said building unless one of the following actions have been taken:
   (1)   Compliance with the provisions of the notice, complaint or order; or
   (2)   Furnish a copy of any notice, complaint or order to the transferee, lessee, or mortgagee, and give written notice to the official of said action.
(Res. of 5/6/19; Ord. of 6/28/21)

Section 9-1102 Alternative remedies.

   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 nuisance and to cause their abatement by summary action or otherwise, or the enforcement of any other remedy or remedies provided or in other ordinances of laws.
(Res. of 5/6/19; Ord. of 6/28/21)

Section 9-1103 Conflicts with other provisions.

   In the event any provision, standard or requirement of this article is found to be in conflict with a 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 and environs shall prevail.
(Res. of 5/6/19; Ord. of 6/28/21)

Section 9-1104 Unsafe buildings condemned.

   An official may declare a nonresidential building or structure within a community development target area designated by the Town Council, or within a development zone authorized by G.S. 105-129.3.A or G.S. 160A-503(10) to be unsafe if it meets both of the following conditions:
   (1)   It appears to the official to be vacant or abandoned; and
   (2)   It appears to the official to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, fire or safety hazard, to be a danger to children, or tend to attract persons intent on criminal activities or other activities which would constitute a public nuisance.
(Res. of 5/6/19)

Section 9-1105 Appeals in general.

   Unless otherwise provided by law, appeals from any order, decision or determination by a member of a local inspection department pertaining to the state building code or other state building laws shall be taken to the commissioner of insurance or appointed designee or other official specified in G.S. 143-139, by filing a written notice with him and with the inspection department within a period of ten days after the order, decision or determination. Further appeals may be taken to the state building code council or the courts as provided by law.
(Res. of 5/6/19)

Section 9-1106 Changes in work after permit issued.

   After a permit has been issued, no changes or deviations from the terms of the application and permit or changes or deviations from the plans or specifications involving any work under the jurisdiction of this chapter shall be made until specific written approval of such changes or deviations has been obtained from the appropriate official.
(Res. of 5/6/19)

Section 9-1107 Report of owner's failure to comply with code official's/ code enforcement officer's order.

   If the owner does not appeal from the final order or direction of the code enforcement officer requiring that the building or structure be demolished and removed or the taking of such other steps as may be required to abate the nuisance and remove the hazards, and fails or refuses to comply with such order and direction, it shall be the duty of the official to file a written report thereof with the town manager, who shall cause such report to be placed on the agenda for action by the Town Council at its next ensuing regular meeting or at some subsequent meeting to which the Town Council may continue the same. The code enforcement officer shall mail a copy of such report by certified or registered mail to the owners last known address or have a copy of such report delivered to such owner. Such report shall specify the date of the meeting of the Town Council for which the matter will be docketed for action.
(Res. of 5/6/19; Ord. of 6/28/21)

Section 9-1108 Intent.

   (a)   The intent of this article is to protect the public health and environment through the deconstruction of abandoned manufactured homes to reduce blight and unattractive nuisances.
   (b)   It is a policy of the town to promote the removal of reusable or recyclable materials to reduce the impact of such solid wastes and production of said materials on the environment.
(Res. of 5/6/19)

Section 9-1109 Abandoned, nuisance and junked mobile homes unlawful.

   (a)   It shall be unlawful for the registered owner or person entitled to possession of a manufactured home and for the owner, lessee or occupant of the real property upon which the manufactured home is located to leave, allow, or suffer the manufactured home to remain on the property after it has been declared an abandoned manufactured home or a public nuisance.
   (b)   A manufactured home shall be deemed to be an abandoned manufactured home for the purposes of this article in the following circumstances: any manufactured home that is either vacant or in need of extensive repair; and an unreasonable danger to public health, safety, welfare or the environment.
   (c)   A manufactured home shall be considered abandoned when it has not been occupied for at least 120 days and meets any of the following criteria:
   (1)   Provides a location for loitering, vagrancy, unauthorized entry or other criminal activity;
   (2)   Has been boarded up for at least 30 days;
   (3)   Has taxes in arrears for a period of time exceeding 365 days;
   (4)   Has all utilities disconnected or not in use.
(Res. of 5/6/19)

Section 9-1110 Notice requirements for abandoned manufactured homes.

   The town shall notify the responsible party and the land owner for each identified abandoned manufactured home in writing and shall be sent to the person in the form of certified mail.
(Res. of 5/6/19)

Section 9-1111 Removal of abandoned manufactured homes.

   (a)   The owner or responsible party shall be given 60 days from receipt of the written notice to dispose of the abandoned manufactured home in a legal manner.
   (b)   If the owner or responsible party fails to comply with this order, the town shall take any action it deems reasonably necessary to dispose of the abandoned manufactured home, including entering the property where the abandoned manufactured home is located and arranging to have the home deconstructed and disposed of in a manner consistent with the town's garbage collection and disposal provisions.
   (c)   The property owner does not remove said abandoned manufactured home a lien will be placed against the real property, if not paid within 30 days, and shall be collected as unpaid taxes.
(Res. of 5/6/19)

Section 9-1112 Protection against criminal or civil liability.

   No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, nuisance or junked manufactured home, for disposing of such manufactured home as provided in this article.
(Res. of 5/6/19)

Section 9-1113 Appeals.

   (a)   Within the 60-day period mentioned in section 9-1111, the owner of the property where the nuisance exists may appeal the findings of the enforcement official to the Board of Adjustment by giving written notice of appeal to the enforcement official, the appeal to stay the abatement of the nuisances by the enforcement official until a final determination by the Board of Adjustment. In the event no appeal is taken, the enforcement official may proceed to abate the nuisance.
   (b)   The Board of Adjustment, in the event an appeal is taken as provided in division (a) above, may, after hearing all interested persons and reviewing the findings of the enforcement official, reverse the finding made pursuant to section 9-1111, but if the Board of Adjustment shall determine that the findings of the enforcement official pursuant to section 9-1111 are correct and proper, it shall declare the condition existing on the property to be a danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the town and public nuisance, and direct the enforcement official to cause the conditions to be abated.
(Res. of 5/6/19)
Section 9-1061 Definitions.
   The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit" and "premises" are used in this article, they shall be construed as though followed by the words "or any part thereof."
   Accessory building or outhouse means a building or structure the use of which is incidental to that of the main building or structure and which is located on the same lot or a contiguous lot.
   Alter or alteration means any change or modification in construction or occupancy.
   Basement means a portion of a building located completely underground or partly underground, having direct access to light and air from windows located above the level of the adjoining ground.
   Building means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The term "building" shall be construed as if followed by the words "or part thereof."
   Cellar means a portion of a building located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
   Code Official/Code Enforcement Officer means the official, or code enforcement officer, or other person charged with the administration and enforcement of this article or duly authorized representative.
   Dwelling means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any temporary dwelling or any manufactured home or mobile home, which is used solely for a seasonal vacation purpose. "Manufactured home" or "mobile home" means a structure as defined in G.S. 143-145(7).
   Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
   Exit means a clear and unobstructed way of departure from the interior of a building or structure to the exterior at street or grade level.
   Extermination means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the code enforcement officer.
   Floor area means the total area of all habitable space in a building or structure.
   Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
   Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments and laundries.
   Infestation means the presence, within or around a dwelling of any insects, rodents or other pests.
   Multiple dwelling means any building or portion thereof which is designed, built, rent, leased, let or hired out to be occupied or which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in the building, and shall include flats and apartments.
   Occupant means any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
   Openable area means that part of a window, porch or door which is available for unobstructed ventilation and which opens directly to the outdoors.
   Operator means any person who has the charge, care or control of a building or part thereof in which dwelling units or rooming units are let.
   Owner means any person who, alone or jointly, or severally with others:
   (1)   Has title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
   (2)   Has the charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article, and of rules and regulations adopted pursuant thereto, to the same extent as if he is the owner.
   Parties in interest means all individuals, associations and corporations who have interest of record in a dwelling, and any who are in possession thereof.
   Plumbing means and includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinder), waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supply fixtures, together with all connections to water, sewer or gas lines.
   Premises means a lot, plat or parcel of land, including the buildings or structures thereon.
   Public authority means any housing authority, or any official in charge of any department or branch of the government of the town, the county or the state relating to health, fire or building regulations, or to other activities concerning housing in the town.
   Rooming/Boarding house means any dwelling or that part of any dwelling containing one (1) or more rooming units, in which space is let by the owner or operator to two (2) or more persons, who are not husband and wife, son or daughter, mother or father or sister or brother of the owner or operator.
   Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating.
   Removal means the demolition and removal of the entire building, leaving the premises free and clear of any debris; any excavation properly filled in and with no holes or pockets which retain water.
   Rubbish means combustible or noncombustible waste materials except garbage, including but not limited to, the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust, and discarded appliances.
   Story means that part of a building between one (1) floor and the floor or roof next above.
   Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or part thereof."
   Substandard means any condition existing in any housing or structure which does not meet the standards of fitness of this article.
   Supplied means paid for, furnished or provided by, or under the contract of, the owner or operator.
   Temporary housing means any tent, trailer or other structure used for human shelter which is designed to be transportable (i.e. motor home) and which is not attached to the ground, to another structure or to any utilities system on the same premises legally for more than sixty (60) consecutive days.
   Unfit for human habitation means that conditions exist in a dwelling which violate or do not comply with one (1) or more of the minimum standards of fitness established by this article.
   Ventilation means the insufflation and the expelling of air by natural means to and from housing.
   Ventilation, mechanical means ventilation by power-driven devices.
   Ventilation, natural means ventilation by opening to outer air through windows, sky-lights, doors, louvers or stacks with or without wind-driven devices.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1062 Findings; purpose.
   The Town Council finds and declares that there now exists in the town and its one-mile jurisdiction and may reasonably be expected to exist in the future, housing which is unfit for human habitation because of dilapidation; defects increasing the hazards of fire, accidents or other calamities; lack of ventilation, adequate lighting or sanitary facilities; or because of conditions rendering such housing unsafe or unsanitary, or dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the town and its area of jurisdiction; and that a public necessity exists to exercise police powers of the town pursuant to G.S. Ch. 160D-2101, and other applicable laws, as now or hereafter amended, to cause the repair and rehabilitation, closing or demolishing of such housing in the manner provided in this article; and pursuant to the exercise for the police power, the Town Council finds as fact and so declares that the ensuing sections of this article are necessary to the implementation of its purposes hereinabove declared in this section and that, specifically, but without limitation, the minimum standards of fitness for dwellings and dwelling units, as enacted in this article are reasonable and necessary for this community and are all reasonable and necessary criteria for determining whether dwellings and dwelling units in this town are fit for human habitation.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1063 Conflicts.
   The provisions of this article shall not be construed to conflict with any other applicable laws, codes or ordinances pertaining to housing, but are supplemental thereto and where the provisions of this article are similar to provisions of other applicable codes or ordinances, the more stringent provisions shall apply.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1064 Scope.
   (a)   Every building used in whole or in part as a dwelling unit or as two (2) or more dwelling units, or as a rooming house or boardinghouse, shall conform to the requirements of this article irrespective of the primary use of such building, and irrespective of when such building may have been constructed, altered or repaired.
   (b)   This article establishes minimum standards for occupancy and does not replace or modify standards otherwise established for construction, replacement or repair of buildings except such as are contrary to the provisions of this article.
   (c)   In addition to the exercise of police power authorized in this article with respect to dwellings, the town shall cause to be repaired, closed or demolished any abandoned structure which the Council finds to be a health or safety hazard as a result of the attraction of
insects or rodents, conditions creating a fire hazard, dangerous condition constituting a threat to children or frequent use by vagrants as living quarters in the absence of sanitary facilities. The repair, closing or demolition of such structures shall be pursuant to the same provisions and procedures as are prescribed in this article for the repair, closing or demolition of dwelling found to be unfit for human habitation.
(Res. of 5/6/19; Ord. of 6/28/21)
State Law reference–Similar provisions, G.S. 160D-2101.
Section 9-1065 Supplemental nature of article.
   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 or otherwise, and the enforcement of any remedy provided in this article shall not prevent the enforcement of any other remedy or remedies provided in this Code or in other ordinances or laws.
(Res. of 5/6/19; Ord. of 6/28/21)
   State Law reference–Similar provisions, G.S. 160D-1212.
Section 9-1066 Right of access.
   (a)   For the purpose of making inspections, the code enforcement officer is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit, or rooming unit, or the person in charge thereof, shall give the official free access to such dwelling, dwelling unit, or rooming unit and its premises at all reasonable times for the purposes of such inspection, examination, and survey.
   (b)   Every occupant of a dwelling or dwelling unit shall give the owner thereof, or agent or employee, access to any part of such dwelling or dwelling unit, and its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful order issued pursuant to the provisions of this chapter.
(Res. of 5/6/19)
Section 9-1067 Methods of service of complaints and orders.
   Complaints or orders issued by the official shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the official, he shall make an affidavit to that effect, and the serving of such complaint or order upon such person may be made by publishing the same once each week for two successive weeks in a newspaper, printed and published in the town. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.
(Res. of 5/6/19)
Section 9-1068 Compliance.
   Every dwelling and dwelling unit used as a human habitation or held out for use as a human habitation shall comply with all of the requirements of this article. No person shall occupy as a human habitation any dwelling or dwelling unit which does not comply with all of the requirements of this article. Authorization for defining conditions dangerous or injurious to health; safety; or welfare; of the occupants: G.S. 160D-1205.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1069 Space use.
   The minimum standards for space use are as follows:
   (1)   A principal area shall not have less than one hundred fifty (150) square feet.
   (2)   A kitchen-dining room combination, if any, shall have not less than one hundred (100) square feet.
   (3)   A first bedroom, if any, shall have not less than one hundred (100) square feet.
   (4)   A second bedroom, if any, shall have not less than seventy (70) square feet.
   (5)   Each habitable room shall have at least seventy (70) square feet.
   (6)   At least one hundred fifty (150) square feet of floor space in habitable rooms shall be provided for the first occupant in each dwelling unit; at least one hundred (100) square feet of additional floor space shall be provided for each of the next three (3) occupants; and at least seventy-five (75) square feet of additional floor space shall be provided for each additional occupant over the number of four (4) (children one (1) year of age and under shall not be counted).
   (7)   At least seventy (70) square feet of bedroom floor space shall be provided for the first occupant; at least twenty (20) square feet of additional bedroom floor space shall be provided for the second occupant; and at least thirty (30) square feet of additional bedroom floor space shall be provided for each occupant over the number of two (2) (children one (1) year of age and under shall not be counted).
   (8)   Those habitable rooms which must be included to meet the foregoing minimum space standards shall be at least seven (7) feet wide in any part with at least one-half of the floor area having a ceiling height of at least seven (7) feet. That portion of any room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area.
   (9)   No basement space shall be used as a habitable room or dwelling unit unless:
   (a)   The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.
   (b)   The total of window area in each room is equal to at least the window area sizes prescribed in the following section for habitable rooms.
   (c)   The total of functionally opening window area in each room is equal to at least the room area prescribed in the following section for habitable rooms, except where there is supplied some other device affording adequate ventilation approved by the director of inspections.
   (10)   Toilet and bathing facilities shall be structurally enclosed and shall be located so as not to require passage through an openable area.
   (11)   Bathroom walls, toilet room walls and bedroom walls shall have no holes or excessive cracks.
   (12)   Access shall be provided to all rooms within a dwelling unit without passing through a public space or another dwelling unit.
   (13)   Doors shall be provided at all doorways leading to bedrooms, toilet rooms, bathrooms and at all rooms adjoining a public space.
   (14)   Each living unit shall have a specific kitchen space, which contains a sink with counter workspace and has hot and cold running water and adequate space for storing cooking utensils.
   (15)   Electric, water and sewer must be in working order.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1070 Light and ventilation.
   The minimum standards for light and ventilation are as follows:
   (1)   Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors. The minimum total window area measured between stops for every habitable room shall be eight (8) percent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light obstruction structures are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, they shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such room.
   (2)   Every room in a dwelling unit and means of egress shall be sufficiently illuminated so as to provide safe and satisfactory uses.
   (3)   Year-round mechanically ventilating systems may be substituted for windows, as required herein, but must be approved by the code enforcement officer, in rooms other than rooms used for sleeping purposes.
   (4)   All outside windows and doors used for ventilation shall be screened.
   (5)   All windows and doors shall be made weather tight.
   (6)   Windows and doors shall have no broken glass and shall have adequate operable locks and hardware.
   (7)   Openable window area in each toilet room shall be at least two (2) square feet, unless served by mechanical ventilation.
   (8)   Natural ventilation of spaces such as attics and enclosed non-basement space shall be provided by openings of sufficient size to overcome dampness and to minimize the effect of conditions conducive to decay and deterioration of the structure, and to prevent excessive heat in attics.
   (9)   Utility spaces containing heat-producing, air-conditioning and other equipment shall be ventilated according to manufacturer's requirements.
   (10)   Mechanical ventilation shall be of sufficient size to eliminate dampness and odors of the area it is serving.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1071 Exits.
   (a)   Two (2) main exits, each at least thirty (30) inches wide and six (6) feet eight (8) inches high, easily accessible to the occupants of each housing unit, shall be provided, unless a single exit is permitted as an exception by provisions of the state building code, as from time to time amended. All exit doors shall be easily operable.
   (b)   Platforms, steps and/or handrails shall be provided to serve exits and maintained in a safe condition.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1072 Plumbing.
   The minimum plumbing standards are as follows:
   (1)   The plumbing systems shall be connected to the town sanitary sewer system, where available; otherwise, the plumbing system shall be connected onto an approved septic tank.
   (2)   All plumbing fixtures shall meet the standards of the town plumbing code and shall be maintained in a state of good repair and in good working order.
   (3)   There shall be provided a hot water heater (minimum thirty-gallon capacity) furnishing hot water to each tub or shower, lavatory and kitchen sink.
   (4)   Installed water supply inside the building shall be provided for each housing unit.
   (5)   Installed water closet, tub or shower, lavatory and sink shall be provided for each dwelling unit.
   (6)   Separate toilet facilities shall be provided for each dwelling unit.
   (7)   Toilet and bathing facilities shall be structurally protected from the weather.
   (8)   All water piping shall be protected from freezing by proper installation in protected space.
   (9)   At least one (1) main vent of a minimum diameter of two (2) inches shall be properly installed for each building.
   (10)   Sewer and water lines shall be properly supported with no broken or leaking lines.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1073 Heating.
   The minimum heating standards are as follows:
   (1)   Reserved.
   (2)   Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms and bathrooms in every dwelling unit located therein to a temperature of at least sixty-eight (68) degrees Fahrenheit at a distance three (3) feet above floor level, under ordinary minimum winter conditions.
   (3)   All gas-heating and oil-heating equipment installed on the premises shall be of a type approved by Underwriters' Laboratories or by the American Gas Association and shall be installed in accordance with the provisions of the state building code.
   (4)   Liquid fuel stored on the premises shall be stored in accordance with the provisions of the National Fire Prevention Association standards.
   (5)   Chimneys and fireplaces shall have no loose bricks.
   (6)   Flues shall have no holes.
   (7)   There shall be no hanging masonry chimneys.
   (8)   Thimbles shall be grouted in tight.
   (9)   Thimbles shall be installed high enough for stovepipe to rise one-fourth inch per foot minimum.
   (10)   Hearths shall be at least twenty (20) inches deep and seven (7) inches beyond each side of the fireplace opening.
   (11)   No combustible materials shall be within seven (7) inches beyond each side of the fireplace opening.
   (12)   If the fireplace opening is closed because of hazardous conditions, the closure shall be of masonry or other approved material as determined by the code enforcement officer.
   (13)   Any stove shall be within six (6) feet of the thimble serving it.
   (14)   Stovepipes and vents shall comply with volume 3 of the state building code.
   (15)   No unvented combustible space heaters shall be used.
(Res. of 5/6/19; Ord. of 6/28/21)
   State law reference–G.S. 136-443.1
Section 9-1074 Electricity.
   The minimum electrical standards are as follows:
   (1)   Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles, which shall be connected in such manner as determined by the National Electric Code, as adopted by the town.
   (2)   No receptacles, ceiling fixtures or other fixtures shall be broken or hanging loose.
   (3)   All toggle switches and fixtures shall be safely operable.
   (4)   At least two (2) duplex convenience outlets, as remote from each other as practicable, shall be provided per habitable room.
   (5)   At least one (1) light outlet in each bathroom, hall, kitchen and porch, and over exterior steps to the second floor shall be provided.
   (6)   There shall be no bare wires, open joints or spliced cables.
   (7)   Flexible cords shall not be used as a substitute for the fixed wiring of a structure, nor shall flexible cords be run through holes in walls, ceilings or floors, through doorways, windows, or similar openings, or be attached to building surfaces or concealed behind building walls, ceilings or floors.
   (8)   No branch circuits shall be overloaded.
   (9)   A minimum of three (3) branch circuits, plus separate circuits for each fixed appliance, shall be provided in each dwelling unit.
   (10)   There shall be provided service equipment and a lighting panel of adequate capacity and size (minimum of sixty-ampere capacity) to accommodate the existing or the required number of branch circuits, and the equipment shall be properly grounded.
   (11)   Outlets in kitchens and bathrooms shall be ground-fault interrupter device protected.
   (12)   All residences shall have a smoke detector on each livable floor. The property owner shall be responsible for installing a fresh battery with change in tenants; the tenant shall be responsible for maintaining the unit and shall not commit any act that shall render the unit inactive.
   (13)   All rental dwelling units having a fossil fuel burning heater or appliance or fireplace shall provide a minimum of one operable carbon monoxide detector per unit per level. A carbon monoxide detector is also required for an attached garage. The landlord shall install, replace or repair the carbon monoxide monitor(s) unless the landlord and tenant have a written agreement to the contrary.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1075 Structural requirements.
   The minimum structural standards shall be as follows:
   (1)   Foundation:
   a.   A foundation shall support the building at all points and shall be free of holes and cracks which admit rodents, water or dampness to the interior of the building or which lessen the capability of the foundation to support the building.
   b.   The foundation shall be on firm, reasonably dry ground, and there shall be no water standing or running under the building.
   c.   Footings shall be sound and have adequate bearing capacity.
   d.   Piers shall be sound.
   e.   No wood stiff knees or other improper piers shall be allowed.
   f.   All structures shall be underpinned or enclosed in an approved manner, such as aluminum, galvanized, asbestos or masonry.
   (2)   Floors:
   a.   No rotted or termite-damaged sills shall be allowed.
   b.   No broken, overloaded or sagging sills shall be allowed.
   c.   Sills shall be reasonably level.
   d.   Sills shall be properly and sufficiently supported.
   e.   Sills shall clear the ground by at least eighteen (18) inches.
   f.   No rotted or termite-damaged joists shall be allowed.
   g.   No broken or sagging joists shall be allowed.
   h.   Flooring shall be weather tight without holes or cracks which permit air to excessively penetrate rooms.
   i.   Flooring shall be reasonably smooth, not rotten or worn through.
   j.   No loose flooring shall be allowed.
   k.   Floors shall be reasonably level.
   (3)   Walls, exterior:
   a.   Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.
   b.   No studs which are rotted or termite-damaged shall be allowed.
   c.   No broken or cracked structural members shall be allowed.
   d.   No loose siding shall be allowed.
   e.   Walls used as partitions shall not lean or buckle.
   f.   No deteriorated siding or covering shall be allowed.
   (4)   Walls, interior:
   a.   The interior finish shall be free of holes and cracks, which permit air to excessively penetrate rooms.
   b.   No loose plaster, loose boards or other loose wall materials shall be allowed.
   c.   There shall be no cardboard, newspaper or other highly combustible material allowed as a wall finish.
   d.   No studs shall be rotted or termite-damaged.
   e.   No broken or cracked studs or other broken or cracked structural members shall be allowed.
   (5)   Ceilings:
   a.   No joists shall be rotted, broken or sagging or have improperly supported ends.
   b.   There shall be allowed no holes or cracks, which permit air to excessively penetrate rooms.
   c.   No loose plaster, loose boards, loose sheetrock or other loose ceiling finish shall be allowed.
   d.   There shall be allowed as ceiling finishes no cardboard or other highly combustible material.
   (6)   Roofs:
   a.   Rafters shall not be rotted, broken or sagging or have improperly supported ends.
   b.   No rafters seriously fire-damaged shall be allowed.
   c.   Attics shall be properly vented.
   d.   No rotted, loose or sagging sheathing shall be allowed.
   e.   No loose roof covering shall be allowed nor shall there be allowed any holes or leaks, which could cause damage to the structure or rooms.
   f.   Walls and chimneys shall have proper flashing.
   (7)   Stairs and steps:
   a.   Stairs and steps shall be free of holes, grooves and cracks large enough to constitute accident hazards.
   b.   Stairwells and flights of stairs more than four (4) risers or having risers more than thirty (30) inches high shall have rails not less than two (2) feet six (6) inches measured vertically from the nose of the treads to the top of the rail.
   c.   Every rail shall be firmly fastened and maintained in good condition.
   d.   No flight of stairs settled more than one (1) inch out of its intended position or pulled away from supporting or adjacent structures shall be allowed.
   e.   No rotting, sagging or deteriorated supports shall be allowed.
   (8)   Porches and appurtenances:
   a.   Every outside and inside porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be kept in sound condition and good repair.
   b.   Protective railings shall be required on any unenclosed structure over three (3) feet from the ground level.
   (9)   Accessory structures: All accessory buildings and structures, including detached garages, shall be maintained structurally sound and in good repair or shall be raised to grade level and the debris therefrom removed from the premises.
   (10)   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.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1076 Property maintenance.
   The minimum property maintenance standards are as follows:
   (1)   Buildings and structures:
   a.   Exterior wood surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative, with sufficient frequency to prevent deterioration.
   b.   Floors, walls, ceilings and fixtures shall be maintained in a clean and sanitary condition.
   (2)   Public areas: Every owner of a structure containing two (2) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the structure and premises thereof.
   (3)   Rubbish and garbage: Every person who occupies and controls a dwelling unit shall dispose of all rubbish and garbage in a clean and sanitary manner by placing it in proper storage facilities.
   (4)   Premises:
   a.   Fences and other minor structures shall be maintained in safe and substantial condition.
   b.   Yards and courts shall be kept clean and free of physical hazards, rubbish, trash and garbage.
   c.   No heavy undergrowth or accumulations of plant growth which are noxious or detrimental to health shall be allowed.
   d.   Every premises shall be provided with all-weather vehicular access to and from the premises at all times by an abutting public or private street.
   e.   Walks and steps, constructed so as to provide safety, reasonable durability and economy of maintenance, should be provided for convenient all-weather access to the structure.
   f.   Access to the rear yard from each dwelling unit shall be required. Such access is not, however, acceptable where it is dependent upon passage through another dwelling unit. Each building shall be provided with access to the rear yard. This access for a detached dwelling shall be directly from a street.
   g.   Any nonresidential use of the premises shall be subordinate to its residential use and character.
   (5)   Infestation:
   a.   Premises, buildings and structures shall, by generally accepted methods of extermination, be maintained free of vermination and rodent harborage and infestation.
   b.   Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement or cellar, which might provide an entry for rodents, shall be supplied with screens installed or with such other approved devices as will effectively prevent entrance by rodents.
   c.   Every head-of-household occupant of a structure 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 head-of-household occupant of a dwelling unit in a structure containing more than one (1) dwelling unit shall be responsible for such extermination whenever the dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a structure in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any structure or in the shared or public parts of any structure containing two (2) or more dwelling units, extermination shall be the responsibility of the owner.
   (6)   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 he occupies and controls.
   (7)   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 same.
   (8)   Care of facilities, equipment and structure: No occupant shall willfully destroy, deface or impair any of the facilities or equipment of any part of the structure of a dwelling or dwelling unit.
   (9)   Lead paint per North Carolina G.S. 130A-131.7 All property owners shall comply with lead paint provisions and abatement. Property owner assumes all costs of abatement and repairs. All homes constructed before the year 1978 will be subject to lead paint testing.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1077 Rooming/Boarding houses.
   All of the provisions of this article and all of the minimum standards and requirements of this article shall be applicable to rooming houses, and to every person who operates a rooming house, or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as provided in the following subsections:
   (1)   At least one (1) flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming house whenever such facilities are shared. All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities.
   (2)   Every lavatory basin and bathtub or shower shall be supplied with hot water at all times.
   (3)   Every room occupied for sleeping purposes by one (1) person shall contain at least seventy (50) square feet of floor space and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (70) square feet of floor space for each occupant thereof.
   (4)   Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of the governed area or of the state.
   (5)   The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for maintenance of a sanitary condition in every part of the rooming house. He shall be further responsible for the sanitary maintenance of the entire premises when the entire structure or building is leased or occupied by the operator.
   (6)   No person shall operate a rooming house unless he holds a valid rooming house license and keeps same posted on the premises.
   (7)   The Town Council on a quarterly basis shall inspect rooming houses, according to G.S. 160A-424.
(Res. of 5/6/19)
Section 9-1078 Inspections; duty of owner and occupants.
   Every occupant of a dwelling or dwelling unit shall give the owner thereof, or agent or employee, access to any part of such dwelling or dwelling unit, and its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful order issued pursuant to the provisions of this article.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1079 Refusal to permit entry for inspection.
   It shall be unlawful for any owner or person in possession of premises on which housing is located in the town to refuse, after being presented with a warrant, as issued in accordance with state law, to permit the code enforcement officer or duly appointed agents to enter upon the premises for the purpose of making examinations as authorized by this article. Violation of this section shall subject the offender to a civil penalty.
(Res. of 5/6/19; Ord. of 6/28/21)
State law reference–Similar provisions, G.S. 15-27.2
Section 9-1080 Method of serving complaints, orders.
   Complaints or orders issued by the code enforcement officer or designee under this article shall be served upon persons either personally or by certified mail. 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 unclaimed or refused, but the regular mail is not returned by the post office within ten (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 public official in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by certified mail, and the public official 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 the provisions of the part. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.
(Res. of 5/6/19; Ord. of 6/28/21)
State law reference–Similar provisions, G.S. 160D-1206.
Section 9-1081 Dwellings in violation; preventive action or proceeding.
   If any dwelling is erected, constructed, altered, repaired, converted, maintained or used in violation of this article or any valid order or decision of the official made pursuant to this article, the official may institute any appropriate action or proceeding to 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.
(Res. of 5/6/19; Ord. of 6/28/21)
State law reference–Similar provisions, G.S. 160D-1208(e).
Section 9-1082 Petition for temporary injunction.
   Any person aggrieved by an order issued by the official may petition the superior court for an injunction restraining the official from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the official pending a final disposition of the case. The petition shall be filed within thirty (30) days after issuance of the order or rendering of the decision. Hearings shall be had by the court on a petition with twenty (20) days, and shall be given preference over other matters on the court 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.
(Res. of 5/6/19; Ord. of 6/28/21)
State law reference–Similar provisions, G.S. 160D-1208(d).
Section 9-1083 Enforcement by code official/ code enforcement officer; assistance from town agencies, departments.
   (a)   The code enforcement officer shall be responsible for the enforcement of this article.
   (b)   The code enforcement officer shall have authority to request the advice and assistance of the town planning board, the housing authority, the fire department, the health department, and any other public authority may be deemed appropriate, in determining those areas of the town in which substandard housing may be prevalent, and designate and schedule such areas for comprehensive inspection under this article. This procedure shall be in addition to regular, town wide inspections under this article.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1084 Powers of code official/code enforcement officer.
   The code enforcement officer is authorized to exercise any powers necessary or convenient to carry out and effectuate the purpose and provisions of this article, including the following powers in addition to others 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; affirmations, examine witnesses and receive evidence;
   (3)   To enter upon premises for the purpose of making examinations in a manner that will do the least possible inconvenience to the persons in possession;
   (4)   To appoint and fix the duties of officials, agents and employees necessary to carry out the purposes of the ordinances;
   (5)   To delegate any of the functions and powers under the ordinance to other officials and other agents.
(Res. of 5/6/19; Ord. of 6/28/21)
State law reference–Similar provisions, G.S. 160D-1210.
Section 9-1085 Issue of complaint; hearing; determination of unfit dwelling; abatement procedure.
   (a)   Whenever a petition is filed with the code enforcement officer by a public authority or by at least five (5) residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the official that any dwelling or dwelling unit is unfit for human habitation, the code enforcement officer shall, if the preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the official, at a place within the county, not less than ten (10) nor more than thirty (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. Notice of such hearing shall also be given to at least one (1) of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the official.
   (b)   If after such notice and hearing the code enforcement officer determines that the dwelling under consideration is unfit for human habitation, the code enforcement officer shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owners an order as follows:
   (1)   If the repair, alteration or improvement of the dwelling can be made at a cost not to exceed fifty percent (50%) of the value of the dwelling, requiring the owner to repair, alter and improve such dwelling to comply with the minimum standards of fitness established by this chapter within a specified period of time, not to exceed ninety (90) days. Such order may also direct and require the owner to vacate and close such dwelling until such repairs, alterations and improvements have been made. Upon application by the owner of a dwelling within the specified time, the code enforcement officer may grant extensions of up to one (1) year if such dwelling is occupied by its owner, or up to 180 days if the dwelling is not occupied by its owner, for good cause shown.
   (2)   Within ten (10) days from the date of an order determining that a building is dilapidated, the owner may notify the code enforcement officer in writing of his intent to make such repairs or alterations to the place of habitation so as to comply with the minimum standards of fitness. Upon receipt of an owner's written intent to repair the place of habitation within the time provided in this subsection, the code enforcement officer shall issue a supplemental order directing the owner to commence and complete the repairs or alterations necessary to comply with the minimum standards of fitness. The code enforcement officer shall allow a reasonable time for the owner to make such repairs or alterations, but in no event shall the period of time allow for such repairs or alterations be less than 30 days nor more than 90 days unless an extension of up to 90 days is granted by the code enforcement officer for good cause. Upon application by the owner within the specified period of time, the code enforcement officer may grant extensions of up to one (1) year for an owner-occupied dwelling, or up to 180 days for all other places of habitation for good cause shown.
   (3)   The code enforcement officer may cause the complaint and notice issued under subsection (a) and the findings of fact and order issued under this subsection along with a notice of lis pendens to be filed in the office of the Clerk of Superior Court of Burke County. From the date and time of indexing by the clerk of court, the complaint and notice of hearing or findings of fact and order shall be binding upon the successors and assigns of the owners of and parties in interest in the place of habitation. A copy of the notice of lis pendens shall be served upon the owners and parties in interest in the place of habitation at the time of filing. The notice of lis pendens shall remain in full force and effect until it is canceled. The code enforcement officer shall have the authority to notify the clerk of court to cancel the notice of lis pendens when the code enforcement officer determine that there no longer is a need for that notice to remain in effect.
   (4)   The code enforcement officer is authorized to fix the reasonable value of any housing and to estimate the cost of repairs, alterations or improvements for the purposes of this section.
   (5)   If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the code enforcement officer may cause such to be repaired, altered or improved or to be vacated and closed, and may cause to be posted on the main entrance of any dwelling so closed 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." Occupation of a building or posted shall constitute a misdemeanor.
   (6)   If the owner fails to comply with an order to remove or demolish the dwelling, the code enforcement officer may cause such dwelling to be removed or demolished; provided, however, that the powers of the code enforcement officer set forth in subsection (d) and this subsection shall not be exercised until the Town Council has, by ordinance, ordered the code enforcement officer to proceed to effectuate the purpose of this article with respect to the particular property or properties, which the code enforcement officer has found to be unfit for human habitation and which shall be described in the ordinance. No such 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 housing code. Such ordinance shall be recorded in the office of the register of deeds of the county and shall be indexed in the name of the property owner in the grantor index.
   (7)   The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the code enforcement officer, 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. If the dwelling is removed or demolished by the code enforcement officer, he shall sell the materials of such dwelling, any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the code enforcement officer, shall be secured in such manner as may be 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.
   (8)    If any occupant fails to comply with an order to vacate a dwelling, the code enforcement officer may file a civil action in the name of the Town 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 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 (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 code enforcement officer produces a certified copy of an ordinance adopted by the governing body pursuant to subdivision (e), authorizing the code enforcement officer 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 thirty (30) days before the filing of the summary ejectment proceeding that the governing body has ordered the code enforcement officer to proceed to exercise duties under paragraphs (d) and (e) of this section to vacate and close or remove and demolish the dwelling.
   (9)    Any violation of this section shall additionally subject the offender to a civil penalty to be recovered by the Town pursuant to section 1-7.
   (c)   The official is authorized to fix the reasonable value of any housing and to estimate the cost of repairs, alterations or improvements for the purposes of this section.
   (d)   If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the official may cause such to be repaired, altered or improved or to be vacated and closed, and may cause to be posted on the main entrance of any dwelling so closed 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." Occupation of a building so posted shall be a misdemeanor as provided by G.S. 14-4(a). Any person who shall violate this section shall be guilty of a Class 3 misdemeanor and may be fined not more than five hundred dollars ($500.00), or such other maximum amount as shall be authorized by North Carolina General Statutes or specifically established in this code, whichever is less. (Ord. of 5/2/22)
   (e)   If the owner fails to comply with an order to remove or demolish the dwelling, the official may cause such dwelling to be removed or demolished; provided, however, that the powers of the official set forth in this subsection shall not be exercised until the Town Council has, by ordinance, ordered the official to proceed to effectuate the purpose of this article with respect to the particular property or properties, which the official has found to be unfit for human habitation and which shall be described in the ordinance. No such 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 housing code. Such ordinance shall be recorded in the office of the register of deeds of the county and shall be indexed in the name of the property owner in the grantor index.
   (f)   The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the official, 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. If the dwelling is removed or demolished by the official, he shall sell the materials of such dwelling, any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the official, shall be secured in such manner as may be 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.
   (g)   If any occupant fails to comply with an order to vacate a dwelling, the public official may file a civil action in the name of the town 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 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 (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 public official produces a certified copy of an ordinance adopted by the governing body pursuant to subdivision (e), authorizing the official 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 thirty (30) days before the filing of the summary ejectment proceeding that the governing body has ordered the public official to proceed to exercise duties under paragraphs (d) and (e) of this section to vacate and close or remove and demolish the dwelling.
   (h)   Any violation of this section shall additionally subject the offender to a civil penalty to be recovered by the town pursuant to section 9-1085(e)-(g).
(Res. of 5/6/19; Ord. of 6/28/21; Res. of 5/3/21)
State law reference–Abatement procedures, G.S. 160D-1203.
Section 9-1086 Appeals from orders of code official/code enforcement officer.
   (a)   An appeal from any decision or order of the code enforcement officer may be taken by any person who is the subject of the decision or order. Any appeal from the official shall be taken within ten days from the rendering of the decision or notice of the order, and shall be taken by filing a notice of appeal with the planning department which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the official shall forthwith transmit to the board of adjustment all papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the code enforcement officer refusing to allow the person aggrieved thereby to do any act, the decision shall remain in force until modified or reversed. When any appeal is from a decision of the code enforcement officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing of the board of adjustment, unless the official certifies to the board of adjustment, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate, a copy of which shall be furnished the appellant, a suspension of the requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day's written notice to the code enforcement officer, by the board of adjustment, or by a court of record upon petition made pursuant to G.S. 160D-1208 and the provisions of this article.
   (b)   The board of adjustment shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the official, but the concurring vote of four members of the board shall be necessary to reverse or modify any decision or order of the official. The board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of 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.
(Res. of 5/6/19; Ord. of 6/28/21)
State law reference–Similar provisions, G.S. 160D-1208.
Section 9-1087 Petition to superior court.
   Any person aggrieved by an order issued by the official or a decision rendered by the board shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the official pending a final disposition of the cause.
(Res. of 5/6/19; Ord. of 6/28/21)
State law reference–Similar provisions, G.S.160D-1208.
Section 9-1088 Unauthorized removal of posted complaint, notice or order.
   No person without the written consent of the town manager or appointed agent shall remove or permit the removal of any complaint, notice or order posted in accordance with the provisions of this article. Any person who shall violate this section shall be guilty of a Class 3 misdemeanor and may be fined not more than five hundred dollars ($500.00), or such other maximum amount as shall be authorized by North Carolina General Statutes or specifically established in this code, whichever is less.
(Res. of 5/6/19; Ord. of 5/2/22)
Section 9-1089 Renting unfit dwelling after notice.
   When the official finds that a dwelling is unfit for human habitation within the meaning of this article and has notified the owner to such effect and the time limit set by the official for the repair, alteration, improvement, removal, demolition or vacating and closing the same has expired, no person shall receive rentals or offer for rent or occupancy such dwelling or dwelling unit as a human habitation until such time as the order of the official is obeyed or reversed by a court of competent jurisdiction in accordance with the law. Each day such offense continues shall be deemed separate offense. Any violation of this section shall subject the offender to a civil penalty.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1090 Certificate of occupancy.
   (a)   The town shall not provide, nor permit another to provide, either public or private utility services such as water, gas, electricity, sewer, etc., to any dwelling unit becoming vacant until such dwelling unit has been inspected, brought into compliance with this article and a valid certificate of occupancy, as required, has been issued. This requirement shall not preclude the temporary use of such utility services for alteration. The building official shall be responsible for making the determination as to when such temporary services may be necessary.
   (b)   No certificate of occupancy may be issued for any single-family or multi-family residential building on which construction is begun on or after January 1, 1978, until it has been certified as being in compliance by the energy and insulation official with the minimum insulation standards for residential construction, as prescribed in the state building code.
   For structures built prior to 1978 and no insulation exists, the attic shall be insulated to an R-30 value. If insulation exists in a structure built before 1978, it must have an R-19 value.
   (a)   It shall be unlawful for any person to occupy, or allow another to occupy, or offer for rent, a dwelling or dwelling unit until a valid certificate of occupancy has been issued.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1091 Changes in work after permit issued.
   After a permit has been issued, no changes or deviations from the terms of the application and permit or changes or deviations from the plans or specifications involving any work under the jurisdiction of this chapter shall be made until specific written approval of such changes or deviations has been obtained from the appropriate official.
(Res. of 5/6/19; Ord. of 6/28/21)
Section 9-1092 Violations; penalty.
   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 official duly made and served as provided in this article, within the time specified in the 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 dwelling or dwelling unit, with respect to which an order has been issued pursuant to this division, 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, or removal or demolition. Each day that such occupancy continues after the prescribed time shall constitute a separate and distinct offense.
(Res. of 5/6/19)