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HomeMy WebLinkAboutAgenda - 11-14-1995 - X-C J Y 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No ACTION AGENDA ITEM ABSTRACT Meeting Date: November 14 , 1995 SUBJECT: Minimum Housing Code Ordinance -------------------------------- ------------------------------- DEPARTMENT: Housing/Comm. Dev. PUBLIC HEARING YES NO x -------------------------------- ------------------------------- ATTACHMENT(S) : INFORMATION CONTACT Tara L. Fikes, x 2490 Proposed Ordinance TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 ----------------------------------------------------------------------- PURPOSE: To present proposed amendments to the Orange County Orange County Minimum Housing Code Ordinance. BACKGROUND: In 1984, the Orange County Board of Commissioners adopted a Minimum Housing Code Ordinance. It was recognized by the community that there were dwellings unfit for human habitation due to unsafe structural conditions; fire hazards, inadequate light and ventilation, inadequate sanitary facilities and other conditions detrimental to the welfare of the occupants and the public. Since its adoption, the ordinance provisions have been administered and enforced by the Housing and Community Development Department. In 1992, it was proposed that this responsibility be transferred to the Planning and Inspections Department since G.S. 153A-351.1 requires that inspections be conducted by certified code enforcement officers. It was also proposed that the provisions of the ordinance be expanded to include all dwellings within the County, not just rental units. Other revisions simplified interpretation and were made to comply with N.C. State Building Codes and Regulations. RECOMMENDATION: As the Board decides. 023 2 MINIMUM HOUSING CODE ARTICLE 1 - GENERAL PROVISIONS 1.1 LONG TITLE AND AUTHORITY. An ordinance establishing minimum housing standards for , dwellings within the designated areas of Orange County and providing for the administration, enforcement pursuant to G.S. 153A-121, 153A-122, 153A-123, 153A-351 and 160a-441 et seq. (Article 19, Part 6. Minimum Housing Standards) . 1.2 SHORT TITLE. This ordinance may be known and cited as the "Minimum Housing Code " for Orange County. 1.3 FINDINGS. It is hereby declared that there exists in Orange County dwellings that are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions. Hence, these conditions render dwellings unsafe or unsanitary, or detrimental to the health, safety, morals or otherwise harmful to the welfare of the residents. 1.3 PURPOSE. The purpose of this Minimum Housing Code is to protect the health, safety and welfare of the people of Orange County by establishing minimum housing standards for dwellings to provide for the elimination of overcrowding, to provide for the enforcement of sanitary conditions in and around structures used for human habitation, to determine the responsibilities of owners and occupants of dwelling and to provide for the administration and enforcement of this code. 1.4 APPLICABILITY. The provisions of Minimum Housing Code shall apply to any person owning, occupying, managing or controlling any dwelling within the jurisdiction of Orange County unless otherwise ordained by the Orange County Board of Commissioners and pursuant to G.S. 16OA-441. 02� 3 ARTICLE II DEFINITIONS 2.1 INTENT. The following definitions shall apply in the interpretation and enforcement of this ordinance. Terms not defined herein shall have the meanings customarily assigned to them. Words having a masculine gender shall include the feminine and neuter genders. 2.2 DEFINITIONS. (1) "Administrator" means the County Manager or authorized representative charged with the responsibility of administration and enforcing this Minimum Housing Code. (2) "Animal" means any living species other than a human, insect or plant. (3) "Basement" means any building story below grade. (4) "Basic structural elements" means the parts of a building which provide the principal strength, stability, integrity, shape and safety, include, but not limited to,, plates, studs, joists, rafters, stringers, stairs, subflooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry and other essential components. (5) "Building Materials" means and includes, but is limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, shingles, mortar, concrete or cement, nails, screws, fence post and fencing. (6) "Deteriorate" means to decay, decompose or degenerate. (7 ) "Deteriorated" means that a dwelling can be repaired, altered, or improved to comply with all of the minimum standards established by this ordinance at a cost not in excess of fifty (50) percent. of its assessed value, as determined by the findings of the Public Officer. (8) "Dilapidated" means that a dwelling cannot be repaired, altered or improved to comply with all of the minimum standards established by this ordinance except at a cost in excess of fifty (50) percent of its accessed value, as determined by the finding of the Public Officer. (9) "Dwelling" means any structure including rooming units and dwelling units or any part or yard thereof used for residential purpose, whether occupied or not. 025' 4 (10) "Dwelling unit" means a single room or rooms providing complete, independent living facilities for one or more persons, including permanent provision for living, sleeping, eating, cooking, and sanitation. (11) "Emergency" means a condition of imminent danger calling for immediate action to avoid death, injury or illness to a human or the destruction or severe damage of real or personal property. (12) "Extermination" means the control and elimination of insects, rodents or other pest by removing or making in accessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination method approved by the Public officer. (13) "Finish surfaces" means materials used for the covering of basic structural elements. Finish surfaces include, but are not limited to, ceilings, walls, wainscotting, , kickboards, moldings, stops and floor coverings. (14) "Fire Hazard" means condition that may increase the threat of a fire. ( 15) "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking consumption of food including the combustible and non-combustible waste material resulting therefrom including paper, rags, cartons, boxes, tin cans, glass, dust and similar household waste. (16) "Good Repair" means to be properly installed, free of decay and deterioration, safe, stable and maintained sufficiently free of defects or deteriorations so as to be in compliance with the applicable provisions of this ordinance. (17) "Habitable room" means any room within a structure for living, sleeping, eating, or cooking. (Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms. All habitable rooms must meet all light, ventilation, and area standards of this Minimum Housing Code. (18) "Infestation" means the presence, within or around a dwelling, of any insect, rodents or pests in such number as to constitute a menace to health, safety or welfare of the occupants or the public. (19) "Interior fixtures" means those interior items and hardware which provide customary finished amenities and protection within a dwelling. Interior fixtures include, but are not limited to, doors, doorknobs, latches, locks, hinges, handles, hooks, light fixtures, electrical outlets or Ur)6 S ' switch cover plates, vents , or openings grates, railings, shelving, cabinets and mirrors. (20) "Junk" includes, but is not limited to, parts of machinery or motor vehicles, unused stoves or other appliances stored in the open, remnants of wood, metal or any other material, or other cast-off. material of any kind, whether or not the same could be put to any reasonable use. (21) "Multiple Dwelling" means a any dwelling with two or more units. (22) "Natural Person" means a human being. (23) "Occupancy" or "occupy" means the fact or act of being a human being living or sleeping in a dwelling or unit within a dwelling, whether the human being physically present or temporarily absent. (24) "Occupant" means any person living, sleeping cooking or eating in, or having actual possession of a dwelling. (25) "Owner" or "Ownership" means any person holding legal or equitable title to a property or to real improvements upon a property solely, jointly, by the entireties, in common or as land contract vendee. "Owner" also means any person who has or exercises care, custody, dominion or control over any property. (26) "Person" means a natural person, firm, partnership, association or corporation. (27 ) "Public Authority" means the Orange County Housing Authority or any office= who is in charge of any department or branch of the government of Orange County or the State of North Carolina relating to health, fire, building regulations or other activities concerning dwellings in the county. (28) "Public Officer" means the officer or officers employed by the County and designated by the County Manager as the officer authorized to exercise the powers prescribed by this ordinance. Any such officer shall be an appropriately certified code enforcement official as defined and provided in G.S. 153A-351. 1. (29) "Premises" means any improved or unimproved lot or parcel of land and its buildings and structures. (30) "Rental dwelling" means a dwelling containing dwelling units which are leased or rented. (31) "Rental Unit" ' means any dwelling unit rented or leased. I 6 (32) "Residential" means all dwellings, structures, containing dwelling and rooming units, accessory structures and yards. (33) "Roomer" means a person who is provided with living or sleeping quarters with a rooming dwelling. i (34) "Rooming dwelling." means a dwelling containing rooming units. (35) "Rooming unit" means a room or group of rooms located within a rooming dwelling used or intended to be used for living and sleeping, but not for cooking purposes. Such rooming unit shall meet or exceed the required floor appears as stated in 7 .2(b) . (36) "Sanitary" means free of grease, excrement, dirt, food residue, garbage, rust or similar matter which can harbor ,+ bacteria unsafe to humans or animals, or which produces strong odors or which provides food for, or is an available }�w. source of food for animals or insects. (37) "Structure" means anything constructed or erected. (38) "Unsafe" means a condition which is reasonably likely to do harm to humans or property if not corrected or stopped. ( 39) "Unfit for Human Habitation" means that conditions exist in a dwelling, dwelling unit, rooming house or rooming unit which violate or do not comply with one or more the minimum., standards established by this ordinance. (40) "Vermin" means rodents, birds and insects which may be destructive of real or personal property or injurious to health. (41) "Window area" means the area of the glazing of a window through which light passes, including the area taken up by the window pane dividers. (42) "Yard" means all parts of a piece of property between dwelling foundation and the property lines, as well as that portion between of public property or right of way lying between that piece of property and the street curb or pavement. ARTICLE III - MINIMUM STANDARDS 3 .1 COMPLIANCE REQUIRED. All dwellings shall meet the standards set forth in this Housing Code. No person shall lease any dwelling or dwelling unit which does not comply with all of the minimum housing standards 7 established by this ordinance. 3 .2 BASIC STRUCTURAL ELEMENTS. Basic structural elements shall be in good repair and shall be adequate to support the imposed load as required by the Minimum Housing- Code. 3.3 FOUNDATION AND SUPPORTS. Foundations, foundation walls and supporting piers and columns shall be in good repair and shall be adequate to support the imposed load as required by this Minimum Housing Code. 3 .4 BASEMENT WALLS AND FLOORS. Walls and floors of basements shall be in good repair. 3 .5 DWELLING FLOORS The ground shall not be used as a floor. Flooring cannot be put in direct contact with the ground. 3.6 EXTERIOR ATTACHMENTS. Exterior attachments to basic structural elements, including but not limited to gutters, downspouts, screening, vents, awnings, utility connections, shall be in good repair. 3.7 PORCH, DECK AND SPLIT-LEVEL RAILINGS Any side of floor, porch, deck, stoop or patio which is more than 30 inches above the immediately adjacent ground or floor shall be bounded by a guardrail. 3 .8 STAIRWAY HANDRAILS AND GUARDRAILS. (a) Stairways with more than 4 steps shall be bounded by railings which are properly installed and good repair. (b) Open sides of stairway having a vertical rise of more that 30 inches shall have guardrails to meet the state building codes. 3 .9 INTERIOR SURFACES. All interior surfaces shall have a finished surface free dirt, grease, oil, peeling and flaking paint, and maintained in a sanitary condition. 3. 10 PAINT CHIPS. All interior/exterior surfaces which are accessible to children I f under the age of seven (7) which are covered with lead-based paint which is loose, cracking, scaling, peeling, chipping, and flaking shall be treated or covered as follows: (a) Surfaces to be treated must be thoroughly washed, sanded, and scraped or wire brushed so as to remove all loose, cracking, scaling, peeling, chipping, and flaking pain and then repainted with at least 2 .coats of suitable nonleaded paint. (b) Surfaces to be covered shall be free of any loose, cracking, scaling, peeling, chipping, and flaking, and then covered with gypsum wall board, plywood, drywall, plaster, or other suitable material. 3 .11 EXIT REQUIREMENTS. Every dwelling shall be provided with exit facilities as required by the State Building Codes. All rooming units shall have access to an exterior door and exist without going though another rooming unit. 3.12 SECURITY. Exterior doors shall be present and in good repair. Exterior doors shall be equipped with a properly installed locking device in good repair. All doors which provide a common hall shall be provided with a properly installed locking device in good repair without interior-keyed locks or deadbolts. Every window shall be capable of being secured. ARTICLE IV - MINIMUM PLUMBING STANDARDS 4 . 1 WATER SUPPLY AND SEWAGE DISPOSAL. Every dwelling unit must be provided with potable water and 24 hour a day access to a privy or commode connected to a public sewer or other means of sewage disposal approved by the Orange County Health Department or the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management. 4 .2 BATHROOM FACILITIES A commode/urinal or bathtub/shower must be located within a fully enclosed room (s) when provided for a dwelling. 4.3 PLUMBING SYSTEM INSTALLATION AND MAINTENANCE (a) Any plumbing fixtures shall be so constructed and installed that it will function safely and effectively; and ► 031) 9 shall be maintained in good repair capable of performing the function for which it was originally installed. (b) Compliance with the N.C. State Building Codes and Regulations required whenever all or any part of an existing plumbing system is replaced, altered or expanded. (c) Whenever bathfoom facilities are shared within a rooming house there shall be at least one ( 1) water closet or approved privy for each four (4 ) rooms. Said facilities shall be located within a room or rooms separated from the habitable rooms and accessible from a common hall. If sanitary facilities are outside, they shall be accessible to each roomer without passing thorough another rooming unit. ARTICLE V - MINIMUM STANDARDS OF HEATING 5.1 HEATING SYSTEMS. Every dwelling shall have a heating system. Every heating system shall be properly installed, in good repair and free of leaks and obstructions. 5.2 HEAT SUPPLY. Every heating system shall provide sufficient heat to maintain a temperature of sixty-eight degrees Fahrenheit in every bathroom or water closet compartment and required habitable room, as measured three feet above the floor. 5 .3 HEAT REGULATION Where the heat regulator of a heating system is not with in direct control of the occupant, the owner shall be responsible for maintaining the temperature within all habitable rooms and bathrooms of occupied units at or above sixty-eight degrees Fahrenheit, as measured three feet above the floor. 5.4 COMPLIANCE REQUIRED. Whenever all or part of the existing heating system is replaced, modified, altered or expanded then such now installations shall be mad* in accordance with N.C. State Building Codes and Regulations. ARTICLE VI - MINIMUM STANDARDS FOR ELECTRICAL FACILITIES AND COMPONENTS 6.1 ELECTRICAL SYSTEMS. Every dwelling shall have an electrical system, components and 031 10 safety devices which are property installed and in good repair. 6.2 ELECTRICAL OUTLETS. Every habitable room containing seventy square feet of floor area or less shall contain a least two floor or wall-type electric convenience receptacles. Every habitable room containing more thafi seventy square feet of floor area shall be provided with at least three but not less than one receptacle for every fifty square feet of floor space. 6.3 LIGHTING FIXTURES. Every bathroom, water closet room, laundry room, and furnace room shall contain a least one supplied ceiling or wall type electric light fixture. 6.4 JOINT USE AREA LIGHTING. Every hallway, stairway, entryway and joint use area within a multiple dwelling shall be adequately lighted by electric lights from sunset to sunrise. 6.5 SMOKE DETECTORS. Every dwelling unit shall contain an electrically operated or battery powered smoke detector in good repair. Detectors must be placed within ton feet of each sleeping area to warn occupants of the presence of fire or smoke conditions. Detectors shall be provided with a visible light indicating operability or an audible 'trouble signal. Audible trouble signals shall be designed to operate at least every minute for seven consecutive days. The alarm signaling device shall not emit less than 85 decibels at 10 feet. Detectors shall be located on or near the ceiling and installed according to the manufactures installation instructions. 6.6 COMPLIANCE REQUIRED. Whenever all or part of the existing electrical system wiring or fixture* are replaced, modified, altered, or expanded then such new installations shall be made in accordance with the N.C. State Building Cod** and Regulations. ARTICLE VII - MINIMUM STANDARDS FOR LIGHT AND VENTILATION 7 .1 REQUIRED WINDOW AREA. (a) Each habitable room shall have a window or windows which have a combined area equal to or exceeding eight percent of the floor area or eight square feet, which ever is greater. (b) Every habitable room used for sleeping purposes in all 032 II dwelling units shall have at least one window or skylight facing directly outdoors, unless served by other approved means of ventilation. (C) Every kitchen, bathroom, and water closet compartment shall comply with minimum light and ventilation requirements for habitable rooms unless provided with an approved means of mechanical ventilation as specified by the N.C. State Building Codes. 7 .2 NATURAL VENTILATION. All required windows specified in Section 7 . 1 must be maintained in working order so that they may be opened and closed safely. 7 . 3 MECHANICAL VENTILATION. Permanently and properly installed mechanical ventilation be used in place of required natural ventilation in any habitable room. Such mechanical ventilation shall be installed in accordance to State Building Codes and maintained in good repair. ARTICLE VIII - MINIMUM CEILING HEIGHT AND AREA REQUIREMENTS 7 .1 HABITABLE FLOOR AREA. (a) Every dwelling unit shall contain at least the minimum number of habitable rooms required by the N.C. State Building Codes. This provision shall not apply to mobile homes which meet Federal or State construction and safety standards at the time of manufacture. (b) Every dwelling unit shall contain at least one hundred square feet of habitable floor area for the first occupant, at least 100 square feet of additional floor area for each of the next three occupants, and at least seventy five. square feet of additional habitable floor area for each additional occupant. 7 .2 HABITABLE SLEEPING ROOMS. (a) Any room within a dwelling used for sleeping purposes shall be a habitable room. (b) In a rooming house every room occupied for sleeping purposes by one occupant shall contain at least seventy ( 70) square fee of floor area area. Every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square (50) square fleet of floor are for occupant twelve years of age and over and at least thirty-five square feet of floor area for each occupant under twelve -years of age. 033 12 7 .3 CEILING HEIGHT (a)' Every habitable room shall have a clear ceiling height of 7 feet 6 inches for at least 60 square feet of net floor area or 50% of net floor area, whichever is greater. (b) Kitchen shall have a minimum ceiling height of 7 feet measured to the lowest projection from the ceiling to finished floor, excluding lighting fixtures in designated eating areas. (c) The required ceiling height for dwelling units must comply with N.C. State Codes with the exception of mobile homes complying with Federal and State requirements at the time of manufacture. ARTICLE VIII - MINIMUM STANDARDS FOR CONTROL OF VERMIN 8.1 INSECT SCREENS (a) In every dwelling unit, for protection against mosquitoes, flies, and other insects, every door used or intended for use for ventilation opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self-closing device that is in good repair. (b) Every window or other device opening to an door space used or intended to be used for ventilation shall be supplied with screens in good repair. (c) Every basement of cellar window used or intended to be used for ventilation, and every other opening to a basement which might provided an entry for vermin shall be equipped with screens or such devices in good repair that will effectively prevent their entry. 8.2 INFESTATIONS Every dwelling shall be kept free of uncaged rodents, uncaged birds, cockroaches, fleas, lice, bedbugs or vermin. ARTICLE IX - RE8PONSIBILITIES OF OWNER AND OCCUPANTS 9.1 RESPONSIBILITIES OF OWNERS (a) It shall be the responsibility of the owner to keep and maintain each dwelling so as to comply with the minimum basic requires of this minimum housing code. If the owner is prevented from complying with such requirements by the actions of a tenant, it shall be right of the owner to terminate the tenancy and evict the tenant in accordance with applicable State law. i 034 ' 13 (b) It shall be the responsibility of an owner of a multiple dwelling to maintain the shared or public areas of the dwelling and premises thereof in a clean and sanitary condition. (c) Every owner of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling and premises thereof which he controls. (d) No owner of a dwelling shall cause or maintain a condition that creates a fire hazard. (e) Animals kept or allowed in a dwelling shall not be permitted by the owner to create any unsafe, odorous or unsanitary condition or cause any damage to the dwelling or structure except for normal wear and tear. (f) It shall be the responsibility of the owner, in all cases to furnish, supply, install, and maintain all plumbing and plumbing fixtures in a dwelling unit, including protect against freezing. (g) It shall be the responsibility of the owner in all cases to, furnish, supply, install and replace all windows, window glazing, screens and doors unless damaged or broken by the willful act or neglect of the occupant. (h) The owner of any dwelling unit or rooming unit shall be responsible for provided a dwelling unit free of vermin at the time of original letting to any occupant. Whenever infestation is caused by the failure of the owner to maintain in vermin proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more the dwelling in any dwelling or in the shared or public parts of any dwelling containing two or more units, extermination shall be the responsibility of the owner. 9.2 RESPONSIBILITIES OF OCCUPANTS (a) Every occupant of a dwelling or dwelling unit shall dispose of his rubbish and garbage in a timely and sanitary manner. (b) All rooms, room surfaces, system, fixtures, facilities, equipment, appliance and furnishings within a dwelling unit or rooming unit shall be kept in a sanitary condition. (c) An occupant of a dwelling unit or rooming unit shall not cause or maintain a condition that creates a fire hazard. (d) Animals kept or allowed within a dwelling unit or rooming units shall not be permitted by the occupant to create any unsafe, odorous. or unsanitary condition or to cause damage to the dwelling or structure. 035 14 (a) An occupant of dwelling containing a single dwelling unit shall be responsible' for the extermination of insects, rodents or other pest therein or on the premises if said condition was not created by the owner's lack of maintenance in vermin proofing the dwelling at the time of original leasing to the occupant. In a dwelling containing more than one dwelling unit or rooming unit, the occupant shall be responsible for extermination whenever the is the only one infested. (f) Every occupant or person in possession of a dwelling, dwelling unit, rooming house or rooming shall give the owner thereof, or his agent or employe, access to any part of ,such dwelling or dwelling unit and its premises at reasonable times and a reasonable manner for the purpose of making repairs and alterations as are necessary to comply with this ordinance. ARTICLE X POWERS AND DUTIES OF THE PUBLIC OFFICER 10.1 DESIGNATION OF PUBLIC OFFICER. The Code Enforcement Supervisor of the Planning and Inspections Department is hereby designated as the Public Officer to enforce the provisions of this ordinance and to exercise the duties herein prescribed. 10.2 POWERS OF THE PUBLIC OFFICER. The Public Officer is authorized to exercise such powers as may be necessary or convenient to carry out the provisions of this ordinance including but not limited to the following: (a) To enter upon premises, investigate and inspect dwellings located in the in the County, in order to determine which dwellings do not meet the "Minimum Housing Code" . Entries shall be made in accordance with applicable State and local laws. (b) To appoint and delegate the duties of officers, agents and employees when needed to assist in carrying out the purposes of this ordnance; . (c) Administer oaths and affirmations, examine witnesses and receive evidence; (d) To perform such other duties as may be prescribed herein or by the Orange County Board of Commissioners; and To establish and charge a uniform and reasonable fee, subject to the approval of the Orange County Board of Commissioners, for inspections from time to time; 036 15 Article XX INSPECTIONS 11.1 INSPECTIONS AUTHORIZED. The Public Officer is hereby authorized to enter and inspect during reasonable hours and in a reasonable manner all dwellings, dwelling units, rooming houses, rooming units and the premises to determine compliance with county's Minimum Housing Code. Consent of the occupant in actual possession or control of the premises shall be sufficient permission to the Public Officer to enter upon the premises. Whenever, the Public Officer is denied permission to enter upon and inspect the premises, the Public Officer may obtain a warrant authorizing time to conduct such inspections of the premises as authorized by G.S. 15-27 -2. 11.2 BASIS FOR INSPECTIONS. Inspections will be made to obtain and maintain compliance with the standards of this "Minimum Housing Code" based upon on or more of the following: (a) A complaint received by the Public Officer of a violation of minimum housing standards; (b) An observation by Public Officer of a violation of minimum housing standards; (c) The need to determine compliance with an order or notice issued by the Public officer; (d) An emergency observed or reasonably believed to exist; (e) A request for an inspection by the owner- or (f) Designation by the County Board of Commissioners of an area where all dwellings are -to be inspected uniformly or intensively or for specific violations. ARTICLE XII - INSPECTION; DUTY OF OWNERS AND OCCUPANTS. The owner and occupant of every dwelling, dwelling unit, rooming house and rooming unit, shall give the Public Officer free access to inspect for compliance with the " Minimum Housing Code" . ARTICLE XXXX - PROCEDURE FOR ENFORCEMENT. 13. 1 NOTICE OF COMPLAINT Upon observing the existence of a violation of any provisions of this ordinance, the public officer shall issue and cause to be U37 16 served upon the responsible owner or occupant a complaint stating: (a) The date of the inspection; (b) The address where the violation was found; (c) A description and the location of each violation observed by the Public Officer; . (d) The name, telephone number and signature of the Public Officer responsible for the inspection; (e) To the person responsible for the violation that a hearing will be held before the Public Officer to allow for a response to said complaint and receipt other related evidence. Furthermore, that the rules of evidence prevailing in the courts of this State will not be controlling in hearings before the Public Officer; ( f) The specific location, date and time of the hearing before the Public Officer (This hearing must be held not less than ten ( 10) days nor more thirty (30) days after serving the complaint. ) ; 13 .2 EVALUATION OF COMPLIANCE. After notice and hearing as prescribed in Section 13. 1, the Public Officer shall take into consideration all relevant information and make a written finding as to state of compliance and: (a) If the dwelling is deteriorated the Public Officer shall state said findings and issue or cause to be served on an order to repair or correct conditions in accordance with the provisions of this ordinance. The order shall state the time in which the violations are to be corrected. This time shall not exceed ninety (90) days. The order may also direct and require the owner/occupant to vacate and close the dwelling until violations are corrected. The order shall contain the name, telephone number and signature of the Public Officer. (b) If the dwelling is determined to be deteriorated the Public Officer shall state said findings and issue or cause to be served on an order to repair or correct conditions in accordance with the provisions of this ordinance, or else to vacate, remove or demolish the dwelling. This period not shall exceed ninety (90) days. The order shall contain the name, telephone number and signature of the Public Officer. ARTICLE XXV - HOUSING BOARD OF APPEALS a 038 17 14.1 ESTABLISHJMNT AND PURPOSE A "Housing Board of Appeals" is established for the purpose of hearing and deciding appeals concerning the application or interpretation of the provisions and minimum standards of this ordinance. The Orange County Board of Adjustment shall serve as said "Housing Board of Appeals" unless otherwise ordained by the Orange County Board of Commissioners. 14.2 AUTHORITY The "Housing Board of Appeals" will hear appeals and render decisions pursuant G.S. 160-187 (a) . This power shall be exercised according to the procedures and standards contained in the Orange County Zoning Ordnance for the exercise of the variance powers contained in that ordinance. 14.3 EFFECT OF APPEAL ON CORRECTION TIME LIMITS A person who has been ordered or given notice to correct a violation of this "Minimum Housing Code" within a specified period of time shall not be held accountable for any time which elapses between the filling of an appeal pursuant to Article 15, Section 15.2 unless the Public Officer certifies to the Board that suspension would cause imminent peril to life or property. Certification shall be made after the appeal is filed by the Public Officer stating that suspension of the violation would cause an imminent peril to life or property. The appellant shall be notified of this certification and requirement for compliance- unless otherwise directed by court having competent jurisdiction. 14.4 APPEALS FEES. The Public Officer may, subject to the approval of the Orange County Board of Commissioners, establish and charge a uniform and reasonable fee for appeals from time to time. ARTICLE XV - APPEALS FROM ORDERS OF A PUBLIC OFFICER 15.1 CONDITION FOR APPEALS. A owner or occupant may appeal an order of a Public Officer issued pursuant to this "Minimum Housing Code" if any of the following is trues (a) He feels that the order in an incorrect interpretation of the ordinance. (b) He feels that compliance with the order will cause him undue hardship. (c) He proposes an alternative method to meet the " Minimum Housing Code" provisions cited in the order. 03J 18 15.2 PROCEDURE FOR APPEALS. (a) Any person wishing to make an appeal to the Housing Board of Appeals shall file a completed appeal form provided by the Public Officer within ten ( 10 ) days from the rendering of the decision or order. The appeal shall specify the grounds on which the appeal is based. (b) Upon the receipt of an appeal, the Public Officer shall provide the Housing Board of Appeals with information constituting the record upon which the decision appealed was made from. (c,) The Housing Board of Appeals shall fix a reasonable time for the. hearing and give due notice to all parties and shall render its decisions within a reasonable time. The decision of the board shall be in writing and promptly filed in the office of the Public Office. Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within fifteen ( 15) days of the decision of the Board. (d) Any person aggrieved by an order issued by the public officer or a decision rendered by the Board may petition the Superior Court for an injunction restraining the public officer from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the public officer pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. ARTICLE XVI - METHODS OF SERVICE OF COMPLAINTS AND ORDERS 16. 1 SERVICE. Complaints and orders issued by the Public Officer shall be served upon persons either personally or by registered or certified mail. 16.2 AFFIDAVIT REQUIRED. If the whereabouts of the responsible owner/occupant is unknown after reasonable diligence, the Public Officer shall make an affidavit to that effect. 16.3 PUBLIC NOTICE. After an affidavit has been provided in accordance to section 16.2, the Public Officer shall publish notification in a newspaper having general circulation in the County. 16.4 POSTING REQUIRED. 0110 19 Whenever service is made by publication and in according to section 16.2 and 16.3, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order. ARTICLE XVII VIOLATIONS:_ REMEDIES AND PENALTY 17.1 NONCOMPLYING DWELLINGS. If the responsible owner or occupant of any dwelling fails to comply with an order issued by the Public officer in which no appeal has been received, or fails to comply with an order from the Board of Adjustment following an appeal, the Public Officer may cause th4 dwelling to vacated and closed. 17 .2 NONCOMPLYING DWELLINGS POSTED. Pursuant to section 13.2, 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 occupancy of this dwelling for human habitation is prohibited and unlawful. Removal of this placard is prohibited and unlawful. " Penalties shall be determined in accordance to Section 17 .5. 17.3 VIOLATIONS. (a) The owner or occupant of any dwelling who fails to, with an order issued by the Public Officer or Housing Board of Appeals, pursuant to provisions of this ordinance and in which an appeal has not been filed, is guilty of a misdemeanor. Penalties to be determined in accordance to Section 17.5. (b) Occupancy of a dwelling posted or placarded as provided in section 17.2 of this ordinance shall constitute a misdemeanor. Penalties to be determined in accordance to 17.5. 17 .4 ABATEKKXT OF VIOLATIONS. (a) Whenever a violation is denominated a misdemeanor under the provisions of this ordinance, the Public Officer, either in addition to or in lieu of other remedies, may initiate any appropriate action or proceeding to prevent, restrain, correct, or abate the violation or prevent the occupancy of the dwelling involved. 17.5 PENALTIES (a) Whenever tho *Public Officer finds that a building is Unfit for K12-An habitation or dangerous within the meaning of 0.4 l , 20 Section 13 .2 and has notified the owner to such effect and the time limit set by the Public Officer has expired, no person shall receive rentals, offer for rent, or occupy , such dwelling. (b) Each day a violation exists as stated in Section 17 .5 (a) , each day shall be deemed a separate offence. (c) Any person violating the provisions shall be guilty of a misdemeanor and upon conviction such offender shall be punished by a fine of not more than fifty (50) dollars for each separate offense. ARTICLE XVIII - CONTINUATION OF EXISTING USES. The legal use and occupancy of a dwelling existing on the date of adoption of this "Minimum Housing Code" may be continued without change provided that; (1) the dwelling complied with the State Building Codes and Regulations at time of construction; and, (2 ) the dwelling and premises thereof does not represent a threat to the general safety and welfare of the occupants or public. Any alteration, modification or change of use must comply with this ordinance and applicable State Building Codes, Rules and Regulations. The provisions of this ordinance shall apply to manufactured homes or mobile homes except when Federal or State construction and safety standards provide a standard other than as provided herein and when such mobile homes meet any such Federal and State construction and safety standards at the time of manufacture. ARTICLE XIX - CONFLICT WITH OTHER PROVISIONS In the event any provision, standard or requirement of this ordinance is found to be in conflict with any provision of any other ordinance or code of the County, the provision which established the greater standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the County shall prevail. ARTICLE XX - SEVERABILITY If any provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provisions shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this ordinance are hereby declared to be severable. 042 21 ARTICLE XXI - EFFECTIVE DATE This ordinance shall be effective on 22 s 153A-123. Enforcement of ordinances. (a) A county may provide for fines and penalties for violation of its ordinances and may secure injunctions and abatement orders to further insure compliance with its ordinances, as provided by this section. j (b) unless the board of commissioners has provided otherwisE.. violation of a county ordinance is a misdemeanor or infraction as provided by G.S. 14-4. An ordinance may provide by express state. ment that the maximum fine. term of imprisonment. or infraction penalty to be imposed for a violation is some amount of money or number of days less than the maximum imposed by G.S. ii-4. ici An ordinance may provide that violation subjects the offender to a civil penalty to be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within a prescribed period of time after he has been cited for violation of the ordinance. (d) An ordinance may provide that it may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such a case. the General Court of Justice has juris- diction to issue any order that mar be appropriate, and it is not a defense to the county's application for equitable relief that there is an adequate remedy at law. (e) An ordinance that makes unlawful a condition existing upon or use made of real property may provide that it may be enforced by injunction and order of abatement, and the General Court of Justice has jurisdiction to issue such an order. When a violation of such an ordinance occurs, the county may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory in- junction and order of abatement commanding the defendant to cor- rect the unlawful condition upon or cease the unlawfui use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular. In addition to an injunction, the court may enter an order of abatement as a Dart of the judgment in the-cause. An order of abatement may direct that buildings or other structures on the property be closed. demolished. or removed: that fixtures. furniture. or other movable property be removed from buildings on the prop- erty; that grass and weeds be cut: that improvements or reoairs be made: or that any other action be taken that is necessary 'to bring •,he property into compliance with the ordinance. If the defendant fails or refuses to comply :v,th an injunction or with an order of abatement within the time allowed by the court. he may be cited for contempt and the county may execute the order of abatement. If the county executes the order. it has a lien on the property. in the nature of a mechanic's and materialman's lien. for the costs of exe- cuting the order.The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount ap- Proved by the judge before whom the matter was heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within the time fixed by the judge. Cancellation of an order of abatement does not suspend or cancel an injunction issued in conjunction with the order. (f) Subject to the express terms of the ordinance, a county ordi- nance may be enforced by any one or more of the remedies autho- rized by this section. (9) A county ordinance may provide, when appropriate, that each day's continuing violation is a separate and distinct offense. 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