AGENDA #4b

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

Ralph D. Karpinos, Town Attorney

SUBJECT: Amendments to Minimum Housing Code; Procedural Sections

DATE: February 25 , 2002

The attached Ordinance would revise the procedural provisions of the Town’s Minimum Housing Code in Chapter 9 of the Town Code of Ordinances.

BACKGROUND

The Town Council is currently considering amendments to the Town Code to establish a licensing program for residential rental properties. The proposed new Ordinance, as recommended by a Task Force of Citizens and Council Members, would be an addition to Chapter 9 of the Town of Chapel Hill Code of Ordinances. It is scheduled to come back to the Council at a future meeting.

As the proposed rental licensing amendments to Chapter 9 were being discussed over the last several months, it became clear that the procedural provisions in Chapter 9 of the Town Code, Articles I and II, are out of date with current statutory provisions.

DISCUSSION

Most of the procedural provisions of Articles I and II of Chapter 9 of the Town Code have not been amended since 1968. In a number of ways, these provisions are out of date. Two clear examples: the current Code contains references to Chapter 160 of the General Statutes, which was replaced by Chapter 160A in 1971; and, the current Code refers to the town housing authority, which became the Town Department of Housing in 1987.

More importantly, since 1968, the content of Part 6, of Article 19, Chapter 160A of the N.C. General Statutes, has been modified and certain amendments to the Town Code are recommended to make the Code more consistent with current State law. Some of these are described further below.

Attached are copies of the current language in Articles I and II of Chapter 9 and a Proposed Ordinance which shows revisions recommended to bring these articles in line with current State law. (Following the standard formatting, in the Proposed Ordinance additional language is underlined and deletions are shown with a line through the deleted language.) Also attached is a copy of the applicable sections of the current State Statutes on Minimum Housing Standards (N.C.G.S. Chapter 160A, Article 19, Part 6).

Amendments to Article I of Chapter 9 include:

Changing references from Chapter 160 of the General Statutes to the applicable provisions in Chapter 160A and deleting reference to the housing authority. These changes are to update the ordinance as mentioned above.

Changing the definition of rooming house. A few years ago the Council modified the definition of rooming house in the Town Development Ordinance. The recommended change would provide for the same definition of this term in the Housing Code.

Amendments to Article II of Chapter 9 include:

Clarifying that inspectors are required to get administrative search warrants if an owner or occupant does not provide access for inspections purposes. The Code states that owners are to provide access to dwellings to allow minimum housing code inspections. This amendment clarifies that denial of access would not be a code violation, but instead could result in the inspector seeking a court order to allow an inspection, as authorized by State statute.
Adding language to make it clear that an owner can consent to the Town proceeding to have a dwelling removed without going through the formal complaint steps.
Changing the provisions regarding service of complaints and orders. This change would tie the notice and service provisions directly to the provisions now required by State Statute. (Please see attached copy of that statute, N.C.G.S. 160A-445.)
Changing references to Chapter 160 of the General Statutes to Chapter 160A. See explanation above.
Adding language regarding the role of the Historic District Commission for structures in a historic district.
Adding a procedure for determining the value of a dwelling, including an appeal procedure, in the event there is a disagreement between an owner and the inspector.
Adding a provision, conforming to State law, on steps that must be taken in order to have an occupied dwelling vacated which has been determined to be unfit for habitation.
Changing references from “board of aldermen” to “town council”.
Adding a provision regarding notice to organizations providing affordable housing. State law now provides that whenever an order is entered for removal or demolition of a house, any organization that provides affordable housing which has requested notice shall be notified. A delay in the removal or demolition is to be provided to allow an opportunity for negotiation between that organization and the owner regarding preserving and repairing the property.

Given the stated reasons for these changes, we believe that it is appropriate to make these revisions at this time, whether or not the Council later decides to implement a rental licensing program by adoption of other changes to Chapter 9.

No public hearing is required to make these amendments to the Town Code. The Council may wish to refer this recommendation to the Housing and Community Development Advisory Board or, because these amendments are procedural only, consider adoption of them at this time.

OTHER NEXT STEPS

In addition, on January 23, 2002, during the public hearing held to consider the Rental Licensing Program, it was suggested that the substantive provisions of the Minimum Housing Code, found in Articles III through IX of Chapter 9 of the Town Code, may be out of date and in need of review. We agree that these provisions merit review and revision. We believe considering revisions to the substantive standards of the minimum housing code would also be appropriate independent of whether the Council decides whether to enact the rental licensing program.

RECOMMENDATION

That the Council enact the attached ordinance making technical corrections to the procedural provisions of the Town’s Minimum Housing Code.
That the Council adopt the attached resolution referring the substantive sections of the Minimum Housing Code to the Town Manager for a recommendation on revisions to these standards.

Attachments

1. Articles I and II, Chapter 9, Town Code (p. 17).

2. Part 6, Article 19, Chapter 160A, N.C. General Statutes (p. 38).

A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE A REPORT AND RECOMMENDATION REGARDING MODIFICATION TO THE MINIMUM HOUSING STANDARDS IN CHAPTER 9 OF THE TOWN CODE (2002-02-25/R-3)

WHEREAS, the Town Council has revised the procedural provisions of Chapter 9 of the Town Code of Ordinances pertaining to minimum housing code enforcement; and

WHEREAS, the Council has determined that the minimum housing code standards in Chapter 9 have not been considered in a number of years and may be out of date;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby directed to prepare a report and recommendation regarding possible modification to the minimum housing standards in Chapter 9 of the Town Code.

This the 25^th day of February, 2002.

AN ORDINANCE TO AMEND CHAPTER 9 OF THE TOWN CODE OF ORDINANCES (2002-02-25/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that Chapter 9, Articles I and II of the Town of Chapel Hill Code of Ordinances is hereby revised to read as follows:

ARTICLE I. IN GENERAL

Sec. 9-1. Finding; purpose.

Pursuant to N.C.G.S. section 160A~~-182~~441, et. seq. it is hereby found and declared that there exists in the town dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents, and other calamities, lack of ventilation, light and sanitary facilities, and due to other conditions rendering such dwellings unsafe or iunsanitary, and dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents of the town.

In order to protect the health, safety and welfare of the residents of the town as authorized by Article 159, Part 6, Chapter 160A, of the General Statutes, it is the purpose of this chapter to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by N.C.G.S. section 160A-~~185~~443.

Sec. 9-2. Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

Basement. "Basement" shall mean a portion of a building which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.

Cellar. "Cellar" shall mean 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.

Deteriorated. "Deteriorated" shall mean that a dwelling is unfit for human habitation and can be repaired, altered, or improved to comply with all of the minimum standards established by this chapter, at a cost not in excess of fifty per cent (50%) of its value, as determined by finding of the inspector.

Dilapidated. "Dilapidated" shall mean that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this chapter at a cost not in excess of fifty per cent (50%) of its value, as determined by finding of the inspector.

Dwelling. "Dwelling" shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.

Dwelling unit. "Dwelling unit" shall mean 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.

Dwelling, dwelling unit, rooming house, rooming unit, or premises. Whenever the words "dwelling, dwelling unit, rooming house, rooming unit, or premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

Extermination. "Extermination" shall mean 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 inspector.

Garbage. "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food, including the combustible and noncombustible waste material resulting therefrom, including paper, rags, cartons, boxes, tin cans, glass and dust, trash or similar household waste.

Habitable room. "Habitable room" shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces.

Infestation. "Infestation" shall mean the presence, within or around a dwelling, of any insects, rodents or other pests in such number as to constitute a menace to the health, safety, or welfare of the occupants or to the public.

Inspector. "Inspector" shall mean a building inspector of the town or any agent of the inspector who is authorized by the inspector.

Multiple dwelling. "Multiple dwelling" shall mean any dwelling containing more than two (2) dwelling units.

Occupant. "Occupant" shall mean any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.

Operator. "Operator" shall mean any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Owner. "Owner" shall mean any person who alone, or jointly or severally with others:

(1) Shall have title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, 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 chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

Plumbing. "Plumbing" shall mean and include 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 supplied fixtures, together with all connections to water, sewer or gas lines.

Public authority. "Public authority" shall mean the ~~town housing authority~~ Town of Chapel Hill or any officer who is in charge of any department or branch of the government of the town or of this county or the State of North Carolina relating to health, fire, building regulations, or other activities concerning dwellings in the town.

Rooming house. "Rooming house" shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to five (5) or more persons who are not husband and wife, son or daughter, mother or father or sister or brother of the owner or operator a rooming house as the term is defined in the Development Ordinance.

Rooming unit. "Rooming unit" shall mean any room or groups of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Rubbish. "Rubbish" shall means combustible and noncombustible waste material, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible material, cartons and boxes, tree branches, yard trimmings, and other large discarded articles that are not removed with garbage as a normal practice.

Supplied. "Supplied" shall mean paid for, furnished, or provided by, or under the control of, the owner or operator.

Temporary housing. "Temporary housing" shall mean any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days.

Unfit for human habitation. "Unfit for human habitation" shall mean that conditions exist in a dwelling which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this chapter.

Sec. 9-3. Minimum standards of fitness for dwellings and dwelling units.

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 minimum standards of fitness for human habitation and all of the requirements of articles III, IV, V, VI, VII, and VIII. No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of articles III, IV, V, VI, VII, and VIII.

Sec. 9-4. Conflict with other provisions.

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

Secs. 9-5‑‑9-14. Reserved.

ARTICLE II. ADMINISTRATION AND ENFORCEMENT

DIVISION 1. GENERALLY

Sec. 9-15. Duties of building inspector.

The building inspector is hereby designated as the officer to enforce the provisions of this chapter and to exercise the duties and powers herein prescribed.

(a) To investigate the dwelling conditions, and to inspect dwellings and dwelling units, located in the town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this chapter with respect to such dwellings and dwelling units;

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

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

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

Sec. 9-16. Powers of building inspector.

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

(a) To investigate the dwelling conditions in the town in order to determine which dwellings therein are unfit for human habitation;

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

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

(d) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of this chapter.

Sec. 9-17. Inspections; duty of owners and occupants.

For the purpose of making inspections, the inspector 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 inspector 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. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his 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 chapter or with any lawful order issued pursuant to the provisions of this chapter.

If the owner or occupant of any dwelling refuses to permit the inspector reasonable access, the inspector shall proceed to obtain an administrative search warrant pursuant to N.C.G.S. Sec. 15-27.2.

Secs. 9-18‑‑9-22. Reserved.

DIVISION 2. ENFORCEMENT PROCEDURES

Sec. 9-23. Preliminary investigation; notice; hearing.

(a) Whenever a petition is filed with the inspector 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 inspector, ~~upon inspection,~~ (on his own motion) that any dwelling or dwelling unit is unfit for human habitation, he shall, if his 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 in that respect and containing a notice that a hearing will be held before the inspector (or his designated agent) at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of said 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 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 the courts of law or equity shall not be controlling in hearings before the inspector.

(b) The owner ~~or any~~ and partyies in interest shall also have the right to file with the inspector a written statement in a form acceptable to the town agreeing that the housing referred to in the complaint is unfit for human habitation, that the same should be demolished, agreeing that the town may have said housing demolished, and agreeing that the cost of demolition shall be a lien in the nature of special assessment upon the property. In such cases, the inspector may proceed with the demolition without complying with the additional provisions of this Division.

Sec. 9-24. Procedure after hearing.

(a) After notice and hearing pursuant to this division, the inspector shall state in writing his determination whether such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.

(b) If the inspector determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof, an order directing and requiring the owner to repair, alter, and improve such dwelling or dwelling unit 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 or dwelling unit until such repairs, alterations, and improvements have been made.

(c) Upon application by the owner within the specified time, the inspector may grant extensions of up to one (1) year if the dwelling is occupied by its owner, or up to one hundred eighty (180) days if the dwelling is not occupied by its owner, for good cause shown.

(d) If the inspector determines that the dwelling is dilapidated, he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to vacate and close the dwelling, and to remove or demolish the same within a specified ~~period of~~ time, not to exceed ninety (90) days unless the owner elects to proceed under the provisions set forth below, or unless an application for an extension of up to ninety (90) days is applied for by the owner and granted by the code enforcement official for good cause shown.

(e) Notwithstanding any other provision of law, if the condition of the dwelling would require removal or demolition under subsection (2) and the dwelling is located in a historic district of the town and the historic district commission determines, after a public hearing as provided by the ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with N.C.G.S. 160A-400.14(a).

(f) Within ten (10) days from the date of the order determining that the building is dilapidated, the owner may notify the code enforcement official in writing of his intent to make such repairs or alterations to said dwelling so as to comply with the minimum standards of fitness. Upon receipt of an owner’s written intent to repair said dwelling, within the time provided herein, the inspector 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 inspector shall allow a reasonable period of 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 thirty (30) days nor more than ninety (90) days unless an extension of up to ninety (90) days is granted by the code enforcement official for good cause shown. Upon application by the owner within the specified period of time, the inspector may grant extensions of up to one (1) year if the dwelling is occupied by its owner, or up to one hundred eighty (180) days if the dwelling is not occupied by its owner, for good cause shown.

Sec. 9-24.1. Fixing Value.

The inspector is hereby authorized to fix the reasonable value of any housing for the purpose of this division and such value shall be binding, unless the owner protests such value in writing to the inspector within ten (10) days after receipt of an order. Upon such protests, the administrator shall nominate one (1) competent and disinterested person; the protesting party shall nominate one (1) competent and disinterested person; and the two (2) persons so nominated shall nominate a third competent and disinterested person; and the three (3) persons so nominated shall serve as commissioners of appraisal. The said commissioners shall make their appraisal of the value of the housing under consideration, shall return the appraisal to the inspector and the protesting party within ten (10) days after their appointment, and said appraisal shall be binding and conclusive for the purpose of this section. The costs of any such appraisal shall be paid by the protesting party to the inspector at the time of filing the written protest.

Sec. 9-25. Failure to comply with order.

(a) If the owner fails to comply with an order to repair, alter, or improve, or to vacate and close the dwelling, the inspector may cause the dwelling to be repaired, altered or improved or to be vacated and closed; that the public officer 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.” of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the inspector issued pursuant to this division, the inspector shall secure the issuance of a warrant charging such owner with a violation of the minimum standards of fitness established by this chapter, and shall cause to be served upon such owner another order directing the owner to repair, alter, or improve the same within a specified period of time, not to exceed ninety (90) days.

~~(b)~~ If ~~such~~ the owner ~~shall~~ fails to comply with ~~such~~ an order to remove or demolish the dwelling, the inspector may cause such dwelling to be removed or demolished. The duties of the inspector set forth in sections 9-25 (a) and (b) shall not be exercised until the Town Council shall have by ordinance ordered the inspector to proceed to effectuate the purpose of this article with respect to the particular property or properties which the inspector shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require the demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code as allowed by this Division. This 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. within the time specified therein, the inspector shall submit to the board of aldermen an ordinance ordering the inspector to cause such dwelling or dwelling unit to be repaired, altered, or improved to comply with the minimum standards of fitness established by this chapter.

If the owner of a dilapidated dwelling shall fail to comply with an order of the inspector to vacate and close, and remove or demolish, the same within the time specified in the order, the inspector shall secure the issuance of a warrant charging such owner with a violation of the minimum standards of fitness established by this chapter, and shall submit to the board of aldermen an ordinance ordering the inspector to cause such dwelling to be vacated and closed, and removed or demolished, and pending such removal or demolition, to placard such dwelling as provided by G.S. section 160-184 and section 9-33 of this Code of Ordinances.

Sec. 9-26. Notice of potential removal or demolition.

Whenever a determination is made pursuant to this Chapter that a dwelling must be vacated and closed, or removed or demolished, notice of the Order so directing shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the Inspector in order to allow such organization (s) to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The person mailing such notice shall certify the mailing and the certification shall be conclusive in the absence of fraud.

9-27. Reserved.

Sec. 9-28. Appeals to board of adjustment.

(a) An appeal from any decision or order of the inspector, the public officer referred to herein, or from any inspector delegated with the authority to inspect for compliance with minimum housing standards within the town, or within the redevelopment area of the town, may be taken by any person aggrieved thereby, or by any officer, board, or commission of the municipality to the board of adjustment, whether such appeal is based upon the requirements of this chapter or any supplemental requirements for housing standards contained in the redevelopment plan.

(b) An appeal from the public officer shall be taken within ten (10) days from the rendering of the decision of service of the order, and shall be taken by filing with the ~~public officer~~ inspector and with the board of adjustment, a notice of appeal, which shall specify the grounds upon which the appeal is based. All written orders from which an appeal may be taken, issued pursuant to the terms of this chapter, shall contain a statement thereon that an appeal therefrom may be taken to the board of adjustment. Forms for use in giving notice of appeal shall be available in the offices of the inspector.

(c) Upon filing of any notice of appeal, the ~~public officer~~ inspector shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the decision or order appealed from was made.

(d) When an appeal is from a decision of the ~~public officer~~ inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed.

(e) When any appeal is from a decision of the ~~public officer~~ inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the board of adjustment, unless the ~~public officer~~ inspector certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of the fact stated in the certificate (a copy of which shall be furnished by the appellant) a suspension of his requirement would cause imminent peril to life or property,. iIn ~~which~~ that case the requirements shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one (1) day's written notice to the ~~public officer~~ inspector, by the board of adjustment, or by a court of record upon petition made pursuant to section 9-30.

Sec. 9-29. Hearings before board of adjustment.

The board of adjustment shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The board of adjustment 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 the end that it shall have all the powers of the public officer, but the concurring vote of four-fifths (4/5) or eight (8) members of the board of adjustment shall be necessary to reverse or modify any decision or order of the public officer or inspector. The board of adjustment shall also have the power 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 this chapter, to adapt the application of the chapter to the necessities of the case, to the end that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. The board of adjustment shall make written findings of fact based upon the evidence before it, and shall state in writing the reason or reasons for its decision. All proceedings before the board of adjustment shall be in writing and shall be served upon all parties in interest in the manner prescribed for the service of other processes or orders under this article.

Sec. 9-30. Review of proceedings of board of adjustment.

Every decision of the board of adjustment shall be subject to review by proceedings in the nature of certiorari as provided by N.C.G.S. Section 160A-4476(e), and may be stayed as provided by N.C.G.S. Section 160A-4476(f).

Sec. 9-31. Injunction.

In case any dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of this chapter or of any ordinance or code adopted under authority of this chapter or any valid order or decision of the ~~public officer~~ inspector or board of adjustment made pursuant to this chapter, the ~~public officer~~ inspector or board of adjustment may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate such violation, to prevent the occupancy of the dwelling, or to prevent any continued violation of this chapter about the premises of the dwelling.

Sec. 9-32. Methods of service of complaints or orders.

Complaints or orders issued by the inspector 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 inspector in the exercise of reasonable diligence, the inspector 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 (2) successive weeks in a newspaper printed and published in the town or circulating in the town. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order. A copy of such complaint or order shall also be filed in the proper office for the filing of lis pendens notices in the county, and such filing of the complaint shall have the same force and effect as other lis pendens notices provided by law.

Service of complaints and orders shall be made in the manner required by N.C.G.S. 160a-445 and shall be deemed sufficient when one of the methods allowed by that statute has been followed.

Sec. 9-33. ~~In rem action by inspector; placarding.~~ Reserved.

After failure of an owner of a dwelling or dwelling unit to comply with an order of the inspector issued pursuant to the provisions of this article, and upon adoption by the board of aldermen of an ordinance authorizing and directing him to do so, as provided by G.S. section 160-184, the inspector shall proceed to cause such dwelling or dwelling unit to be repaired, altered, or improved to comply with the minimum standards of fitness established by this chapter, or to be vacated and closed and removed or demolished, as directed by the ordinance of the aldermen and shall cause to be posted on the main entrance of such dwelling or dwelling unit a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."

Sec. 9-34. Costs of lien on premises.

~~As provided by G.S. section 160-184, t~~The amount of the cost of ~~any~~ repairs, alterations, or improvements, or vacating and closing, or removal or demolition, ~~caused to be made~~ by the inspector ~~pursuant to section 9-33~~ shall be a lien against the real property upon which ~~such~~ the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in Article 10 of Chapter 160A of the N.C. General Statutes. If the dwelling is removed or demolished by the inspector, he shall sell the materials of the dwelling, or any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the inspector, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.

Sec. 9-35. Alternative remedies.

~~Neither this chapter nor any of its provisions~~ Nothing in this section shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their removal or abatement by summary ~~action~~ proceedings or otherwise,. ~~and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.~~

Sec. 9-36. ~~Violations; penalty.~~ Action to vacate.

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 inspector duly made and served as herein provided, within the time specified in such order, and 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 article, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration, or improvement or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.

The violation of any provision of this article shall constitute a misdemeanor, as provided by G.S. section 14-4 and shall subject the violator to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

If any occupant fails to comply with an order to vacate a dwelling, the inspector 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 by N.C.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 Section 9-25 authorizing the 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 the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under N.C.G.S. 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in N.C.G.S. 7A-228, and the execution of such judgment may be stayed as provided in N.C.G.S. 7A-227. Any 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 Town Council has ordered the inspector to proceed to exercise his duties to vacate and close or remove and demolish the dwelling.

Secs. 9-37~~‑‑9-46. Reserved.~~ 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 inspector duly made and served as herein provided, within the time specified in such order, and each day that such failure, neglect, or refusal to comply with such order continues and shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling unit, with respect to which an order has been issued pursuant to this article, to occupy or permit the occupancy of same after the time prescribed in such order for its repair, alteration, or improvement or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.

The violation of any provision of this ~~article~~ Chapter shall constitute a misdemeanor, as provided by N.C.G.S. section 14-4 and shall subject the violator to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

Sec. 9-38—9-46. Reserved.

This the 25^th day of February, 2002.

ATTACHMENT 1

CURRENT TOWN CODE

Chapter 9 HOUSING CODE

ARTICLE I. IN GENERAL

Sec. 9-1. Finding; purpose.

Pursuant to G.S. section 160-182, it is hereby found and declared that there exist in the town dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, light and sanitary facilities, and due to other conditions rendering such dwellings unsafe or insanitary, and dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents of the town.

In order to protect the health, safety and welfare of the residents of the town as authorized by Article 15, Chapter 160, of the General Statutes, it is the purpose of this chapter to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. section 160-185.

(Ord. of 9-18-68, § 1)

Sec. 9-2. Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

Basement. "Basement" shall mean a portion of a building which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.

Extermination. "Extermination" shall mean the control and elimination of insects, rodents or other pests 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 inspector.

Garbage. "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food including the combustible and noncombustible waste material resulting therefrom, including paper, rags, cartons, boxes, tin cans, glass and dust, trash or similar household waste.

Inspector. "Inspector" shall mean a building inspector of the town or any agent of the inspector who is authorized by the inspector.

Multiple dwelling. "Multiple dwelling" shall mean any dwelling containing more than two (2) dwelling units.

Occupant. "Occupant" shall mean any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.

Operator. "Operator" shall mean any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Owner. "Owner" shall mean any person who alone, or jointly or severally with others:

(1) Shall have title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, 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 chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

Plumbing. "Plumbing" shall mean and include 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 supplied fixtures, together with all connections to water, sewer or gas lines.

Public authority. "Public authority" shall mean the town housing authority or any officer who is in charge of any department or branch of the government of the town or of this county or the State of North Carolina relating to health, fire, building regulations or other activities concerning dwellings in the town.

Rooming unit. "Rooming unit" shall mean 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 purposes.

Rubbish. "Rubbish" means combustible and noncombustible waste material, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible material, cartons and boxes, tree branches, yard trimmings and other large discarded articles that are not removed with garbage as a normal practice.

Supplied. "Supplied" shall mean paid for, furnished, or provided by, or under the control of, the owner or operator.

(Ord. of 9-18-68, § 2)

Sec. 9-3. Minimum standards of fitness for dwellings and dwelling units.

(Ord. of 9-18-68, § 3)

Sec. 9-4. Conflict with other provisions.

(Ord. of 9-18-68, § 20)

Secs. 9-5‑‑9-14. Reserved.

ARTICLE II. ADMINISTRATION AND ENFORCEMENT

DIVISION 1. GENERALLY

Sec. 9-15. Duties of building inspector.

The building inspector is hereby designated as the officer to enforce the provisions of this chapter and to exercise the duties and powers herein prescribed.

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

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

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

(Ord. of 9-18-68, § 12)

Sec. 9-16. Powers of building inspector.

(a) To investigate the dwelling conditions in the town in order to determine which dwellings therein are unfit for human habitation;

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

(d) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of this chapter.

(Ord. of 9-18-68, § 13)

Sec. 9-17. Inspections; duty of owners and occupants.

For the purpose of making inspections, the inspector 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 inspector 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. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his 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 chapter or with any lawful order issued pursuant to the provisions of this chapter.

(Ord. of 9-18-68, § 14)

Secs. 9-18‑‑9-22. Reserved.

DIVISION 2. ENFORCEMENT PROCEDURES

Sec. 9-23. Preliminary investigation; notice; hearing.

Whenever a petition is filed with the inspector 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 inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he shall, if his 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 inspector at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of said 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 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 inspector.

(Ord. of 9-18-68, § 15)

Sec. 9-24. Procedure after hearing.

After notice and hearing pursuant to this division, the inspector shall state in writing his determination whether such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.

If the inspector determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter, and improve such dwelling or dwelling unit 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 or dwelling unit until such repairs, alterations, and improvements have been made.

If the inspector determines that the dwelling is dilapidated, he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to vacate and close the dwelling, and to remove or demolish the same within a specified period of time, not to exceed ninety (90) days.

(Ord. of 9-18-68, § 15)

Sec. 9-25. Failure to comply with order.

If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the inspector issued pursuant to this division, the inspector shall secure the issuance of a warrant charging such owner with a violation of the minimum standards of fitness established by this chapter, and shall cause to be served upon such owner another order directing the owner to repair, alter, or improve the same within a specified period of time, not to exceed ninety (90) days. If such owner shall fail to comply with such order within the time specified therein, the inspector shall submit to the board of aldermen an ordinance ordering the inspector to cause such dwelling or dwelling unit to be repaired, altered, or improved to comply with the minimum standards of fitness established by this chapter.

(Ord. of 9-18-68, § 15)

Secs. 9-26, 9-27. Reserved.

Editor's note‑‑Ord. No. O-76-57, § 1, enacted Dec. 13, 1976, repealed §§ 9-26, 9-27, relative to the housing appeals board. Said sections were derived from Ord. of Feb. 9, 1970 and Ord. No. O-73-1, § 5, adopted Jan. 15, 1973.

Sec. 9-28. Appeals to board of adjustment.

An appeal from any decision or order of the inspector, the public officer referred to herein, or from any inspector delegated with the authority to inspect for compliance with minimum housing standards within the town, or within the redevelopment area of the town, may be taken by any person aggrieved thereby, or by any officer, board, or commission of the municipality to the board of adjustment, whether such appeal is based upon the requirements of this chapter or any supplemental requirements for housing standards contained in the redevelopment plan. An appeal from the public officer shall be taken within ten (10) days from the rendering of the decision of service of the order, and shall be taken by filing with the public officer and with the board of adjustment, a notice of appeal, which shall specify the grounds upon which the appeal is based. All written orders from which an appeal may be taken, issued pursuant to the terms of this chapter, shall contain a statement thereon that an appeal therefrom may be taken to the board of adjustment. Forms for use in giving notice of appeal shall be available in the offices of the inspector. Upon filing of any notice of appeal, the public officer shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the decision or order appealed from was made. When an appeal is from a decision of the public officer refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When any appeal is from a decision of the public officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the board of adjustment, unless the public officer certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of the fact stated in the certificate (a copy of which shall be furnished the appellant) a suspension of his requirement would cause imminent peril to life or property, in which case the requirements 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 public officer, by the board of adjustment, or by a court of record upon petition made pursuant to section 9-30.

(Ord. of 2-9-70; Ord. No. O-76-57, § 2, 12-13-76)

Sec. 9-29. Hearings before board of adjustment.

(Ord. of 2-9-70; Ord. No. O-76-55, § 3, 12-13-76)

Sec. 9-30. Review of proceedings of board of adjustment.

Every decision of the board of adjustment shall be subject to review by proceedings in the nature of certiorari as provided by G. S. Section 160A-447(e), and may be stayed as provided by G. S. Section 160A-447(f).

(Ord. of 2-9-70; Ord. No. O-76-57, § 4, 12-13-76)

Sec. 9-31. Injunction.

In case any dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of this chapter or of any ordinance or code adopted under authority of this chapter or any valid order or decision of the public officer or board of adjustment made pursuant to this chapter, the public officer or board of adjustment may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate such violation, to prevent the occupancy of the dwelling, or to prevent any continued violation of this chapter about the premises of the dwelling.

(Ord. of 2-9-70, § 1; Ord. No. O-76-57, § 5, 12-13-76)

Sec. 9-32. Methods of service of complaints or orders.

(Ord. of 9-18-68, § 16)

Sec. 9-33. In rem action by inspector; placarding.

(Ord. of 9-18-68, § 17)

Sec. 9-34. Costs a lien on premises.

As provided by G.S. section 160-184, the amount of the cost of any repairs, alterations, or improvements, or vacating and closing, or removal or demolition, caused to be made by the inspector pursuant to section 9-33 shall be a lien against the real property upon which such cost was incurred.

(Ord. of 9-18-68, § 18)

Sec. 9-35. Alternative remedies.

Neither this chapter 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, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.

(Ord. of 9-18-68, § 19)

Sec. 9-36. Violations; penalty.

(Ord. of 9-18-68, § 21; Ord. No. 92-4-13/O-4, § 7)

Secs. 9-37‑‑9-46. Reserved.

ARTICLE III. MINIMUM STANDARDS FOR STRUCTURAL CONDITION

Sec. 9-47. Walls, partitions, rafters.

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

(Ord. of 9-18-68, § 4(a))

Sec. 9-48. Floors and roofs.

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

(Ord. of 9-18-68, § 4(b))

Sec. 9-49. Foundations and piers.

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

(Ord. of 9-18-68, § 4)

Sec. 9-50. Steps, stairs, landings, porches.

Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fall or collapse.

(Ord. of 9-18-68, § 4(d))

Sec. 9-51. Fire escapes.

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

(Ord. of 9-18-68, § 4(e))

Cross reference(s)‑‑Fire prevention and protection, Ch. 7.

Sec. 9-52. Interior walls and ceilings.

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

(Ord. of 9-18-68, § 4(f))

Sec. 9-53. Weather and water tightness.

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

(Ord. of 9-18-68, § 4(g))

Sec. 9-54. Chimneys.

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

(Ord. of 9-18-68, § 4(h))

Sec. 9-55. Wood floors on ground; ground as floor.

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

(Ord. of 9-18-68, § 4(i))

Secs. 9-56‑‑9-65. Reserved.

ARTICLE IV. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES

Sec. 9-66. Plumbing.

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

(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.

(3) 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.

(4) All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user.

(Ord. of 9-18-68, § 5(a))

Cross reference(s)‑‑Adoption of plumbing code, § 5-19; water, sewers and sewage disposal, Ch. 23.

Sec. 9-67. Heating system.

Every dwelling and dwelling unit shall have facilities for providing heat in accordance with either subsection (1) or (2) of this section.

(1) Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity so as to heat all habitable rooms, bathrooms and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of seventy (70) degrees Fahrenheit measured at a point three (3) feet above the floor during ordinary winter conditions.

(2) Other heating facilities. Where a central or electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues or gas vents whereby heating appliances may be connected so as to heat all habitable rooms with a minimum temperature of seventy (70) degrees Fahrenheit measured three (3) feet above the floor during ordinary winter conditions.

(Ord. of 9-18-68, § 5(b))

Cross reference(s)‑‑State boiler inspection law adopted, § 5-23.

Sec. 9-68. Electrical system.

(1) Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two (2) floor or wall type electric convenience receptacles, connected in such manner as determined by the town electric code. There shall be installed in every bathroom, water closet room, laundry room and furnace room at least one supplied ceiling, or wall type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room, then each such habitable room shall contain at least three (3) floor or wall type electric convenience receptacles.

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

(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the town electrical code.

(Ord. of 9-18-68, § 5)

Cross reference(s)‑‑Adoption of national electrical code, § 5-25.

Sec. 9-69. Smoke detectors required.

(a) Every owner of a rental residential dwelling unit lawfully constructed without smoke detectors shall install or ensure that a smoke detector is installed in the corridor or other space leading to every bedroom in each such dwelling unit. Installation must be complete and smoke detectors fully operable within ninety (90) days after the effective date of this section.

(b) The smoke detector required by this section shall:

(1) Be battery operated or attached to the building's electrical current;

(2) Be installed in accordance with the manufacturer's instructions;

(3) Be activated, provide an audible alarm;

(4) Have either a visible light to indicate operability or an audible trouble signal designed to operate at least every minute for seven (7) consecutive days.

(c) The owner of every rental residential dwelling unit where a smoke detector is installed pursuant to this section shall maintain or ensure that the smoke detector is maintained and kept in good working order. If a battery operated smoke detector is used, batteries shall be replaced not less than once per year.

(Ord. No. 87-6-22/O-3, § 1)

Sec. 9-70. Penalties.

A violation of any provision of this article shall constitute a misdemeanor, as provided by G.S. 14-4 and shall subject the violator to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(Ord. No. 92-4-13/O-2, § 8)

Secs. 9-71‑‑9-78. Reserved.

ARTICLE V. MINIMUM STANDARDS FOR VENTILATION

Sec. 9-79. Generally.

Every habitable room shall have at least one window or skylight facing directly to the outdoors, unless lighted by at least twenty (20) foot-candles of artificial light and served by other approved ventilation. The minimum total window area, measured between stops, for every habitable room shall be ten (10) per cent of the floor area of such room. Whenever walls or other portions of structures are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. 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) per cent of the total floor area of such room.

(Ord. of 9-18-68, § 6(a))

Sec. 9-80. Habitable rooms.

Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least forty-five (45) per cent of the minimum window area size or minimum skylight type window size as required, or shall have other approved, equivalent ventilation.

(Ord. of 9-18-68, § 6(b))

Sec. 9-81. Bathroom and water closet rooms.

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

(Ord. of 9-18-68, § 6(c))

Secs. 9-82‑‑9-91. Reserved.

ARTICLE VI. MINIMUM STANDARDS FOR SPACE, USE AND LOCATION

Sec. 9-92. Room sizes.

Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the town residential building code.

Every dwelling unit shall contain at least one hundred fifty (150) square feet of habitable floor area for the first occupant, at least one hundred (100) square feet of additional habitable area for each of the next three (3) occupants, and at least seventy-five (75) square feet of additional habitable floor area for each additional occupant.

In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and over and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age.

(Ord. of 9-18-68, § 7)

Sec. 9-93. Ceiling height.

At least one-half (1/2) of the floor area of every habitable room shall have a ceiling height of not less than seven (7) feet and six (6) inches.

(Ord. of 9-18-68, § 7)

Sec. 9-94. Floor area calculation.

Floor area shall be calculated on the basis of habitable room area. However, closet area and hall area within the dwelling unit may count for not more than ten per cent (10%) of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than four and one-half (4 1/2) feet shall not be considered as part of the floor area in computing the total area of the room to determine maximum permissible occupancy.

(Ord. of 9-18-68, § 7(c))

Sec. 9-95. Cellar.

No cellar shall be used for living purposes.

(Ord. of 9-18-68, § 7(d))

Sec. 9-96. Basements.

No basement shall be used for living purposes unless:

(1) The floor and walls are substantially watertight;

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

(3) The required minimum window area of every habitable room is entirely above the grade adjoining such window area, except where the window or windows face a stairwell, window well, or accessway.

(Ord. of 9-18-68, § 7(e))

Secs. 9-97‑‑9-106. Reserved.

ARTICLE VII. MINIMUM STANDARDS FOR SAFE AND SANITARY MAINTENANCE

Sec. 9-107. Exterior foundation, walls, and roofs.

Every foundation wall, exterior wall, and exterior roof shall be substantially weathertight, watertight and rodent proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.

(Ord. of 9-18-68, § 8(a))

Sec. 9-108. Interior floor, walls, and ceilings.

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

(Ord. of 9-18-68, § 8(b))

Sec. 9-109. Windows and doors.

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

(Ord. of 9-18-68, § 8(c))

Sec. 9-110. Stairs, porches, and appurtenances.

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

(Ord. of 9-18-68, § 8(d))

Sec. 9-111. Bathroom floors.

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

(Ord. of 9-18-68, § 8(e))

Sec. 9-112. Supplied facilities.

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

(Ord. of 9-18-68, § 8(f))

Sec. 9-113. Drainage.

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

(Ord. of 9-18-68, § 8(g))

Sec. 9-114. Storage of junk, etc., removal of dead trees, weeds, etc.

It shall be unlawful for the owner or occupant of a residential building, structure or property to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, icebox, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items, as listed above, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the building official.

For the purposes of this section, an "abandoned motor vehicle" is defined as one that is in a state of disrepair and incapable of being moved under its own power.

A violation of this section shall constitute a misdemeanor, as provided by G.S. 14-4 and shall subject the violator to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(Ord. of 9-18-68, § 8(h); Ord. No. 92-4-13/O-4, § 7)

Sec. 9-115. Egress.

Every dwelling unit shall be provided with adequate means of egress as required by the town building code.

(Ord. of 9-18-68, § 8)

Secs. 9-116‑‑9-125. Reserved.

ARTICLE VIII. MINIMUM STANDARDS FOR CONTROL OF INSECTS

Sec. 9-126. Screens, self-closing devices.

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

(Ord. of 9-18-68, § 9)

Sec. 9-127. Rodent control.

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

(Ord. of 9-18-68, § 9(b))

Sec. 9-128. Infestation.

Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling 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 dwelling or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination shall be the responsibility of the owner.

(Ord. of 9-18-68, § 9(c))

Sec. 9-129. Rubbish.

Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish storage facilities. In all cases, the owner shall be responsible for the availability of rubbish storage facilities.

(Ord. of 9-18-68, § 9(d))

Cross reference(s)‑‑Garbage and trash, Ch. 8.

Sec. 9-130. Garbage.

Every occupant of a dwelling or dwelling unit shall dispose of all his garbage, and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers. In all cases, the occupants shall be responsible for the availability of garbage storage containers.

(Ord. of 9-18-68, § 9(e))

Sec. 9-131. Penalties.

A violation of section 9-129 or 9-130 shall constitute a misdemeanor, as provided by G.S. 14-4 and shall subject the violator to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(Ord. No. 92-4-13/O-4, § 10)

Secs. 9-132‑‑9-140. Reserved.

ARTICLE IX. MINIMUM STANDARDS APPLICABLE TO ROOMING HOUSES; EXCEPTIONS

Sec. 9-141. Generally.

All of the provisions of this chapter, and all of the minimum standards and requirements of this chapter, 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 sections.

(Ord. of 9-18-68, § 10)

Sec. 9-142. Water closet, hand lavatory, and bath facilities.

At least one water closet, lavatory basin, and bathtub or shower, properly connected to an approved water and sewerage system and in good working condition, shall be supplied for each four (4) rooms within a rooming house wherever said facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall be not more than one (1) story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar.

(Ord. of 9-18-68, § 10(a))

Sec. 9-143. Minimum floor area for sleeping purposes.

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

(Ord. of 9-18-68, § 10(b))

Sec. 9-144. Sanitary conditions.

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

(Ord. of 9-18-68, § 10(c))

Sec. 9-145. Sanitary facilities.

Every water closet, flush urinal, lavatory basin, and bathtub or shower required by section 9-142 shall be located within the rooming house and within a room or rooms which afford privacy and are separate from the habitable rooms, and which are accessible from a common hall and without going outside the rooming house or through any other room therein.

(Ord. of 9-18-68, § 10(d))

Secs. 9-146‑‑9-155. Reserved.

ARTICLE X. RESPONSIBILITIES OF OWNERS AND OCCUPANTS

Sec. 9-156. Public areas.

Every owner of a dwelling 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 dwelling and premises thereof.

(Ord. of 9-18-68, § 11(a))

Sec. 9-157. 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.

(Ord. of 9-18-68, § 11(b))

Sec. 9-158. Rubbish and garbage.

Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner.

Violation of this section is a misdemeanor and is subject to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(Ord. of 9-18-68, § 11(c); Ord. No. 92-4-13/O-4, § 11)

Sec. 9-159. 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.

(Ord. of 9-18-68, § 11(d))

Sec. 9-160. Care of facilities, equipment and structure.

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

(Ord. of 9-18-68, § 11(e))