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HomeMy WebLinkAboutORD-2021-015-Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance O R D - 2021 -015 v Chapter 20 - HOUSING " Footnotes : i Cross reference Buildings and building regulations , ch . 6 ; businesses , ch . 8 ; unfair housing , § 12 - 146 et seq . ; solid waste management , ch . 34 ; utilities , ch . 36 ; historic preservation . ARTICLE I . - IN GENERAL Secs . 2041 20 -30 . - Reserved . ARTICLE II . - MINIMUM HOUSING STANDARDSu Footnotes : --- ( 2 ) --- State Law referenc Building inspection , G . S . 153A - 350 et seq . Sec . 20-31 . - Finding; purpose . 11 Pursuant to G . S . § § 153A- 121 (entitled general ordinance making power) , 1153A-35060D - 1101 et seq . (Article 1 .91 , Pai4 4- entitled Building lRGPeGtiG R1C` rardGx Code Enforcement) , and 160AD441201 et seq . (Article 1 �2 , dart-6-entitled Minimum Housing Standaa-dsCodes ) , it is hereby declared that , there exist in the County dwellings which 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 due to 1 other conditions rendering the dwellings unsafe or unsanitary, or dangerous or detrimental to the health , safety, morals , or otherwise inimical to the welfare of the residents of the County, and that these conditions are more likely to be found in renter-occupied housing . In order to protect the health , safety, and welfare of the residents of the County , it is the purpose of this Ordinance to establish minimum housing standards for the initial and continued occupancy of all renter-occupied dwellings . This Ordinance presently applies only to renter-occupied dwellings in order to conserve the enforcement resources of the County and to provide for greater efficiency in the operation of the inspection scheme hereinafter created . ( Ord . of 2 -214984 , art . 1 , eff. 744984) Sec . 20-32 . - Definitions . The following definitions shall apply in the interpretation and enforcement of this Ordinance : Alter, Repair, Bring into Compliance or Similar Words shall mean that the work is workmanlike and performed in a workmanlike manner. Building shall mean that which is built or constructed , an edifice structure or building of any kind , or any piece of work artificially built up or composed of parts joined together in some definite manner. The term " building " shall be construed as if followed by the words " or part thereof. " Basement shall mean a portion of a building or dwelling which is located partly underground , having direct access to light and air from windows located above the level of the adjoining ground . Cellar shall mean a portion of a building or dwelling 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 . Deterioration shall mean 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 50 percent of its fair market value , as determined by finding of the Public Officer. Dilapidated shall mean 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 50 percent of its fair market value , as determined by finding of the Public Officer . Dwelling shall mean any building , structure , manufactured home or mobile home , or part thereof which is wholly or partly used or intended to be used for living , sleeping or habitation by human occupants , and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith . Any manufactured home or mobile home used solely for a seasonal or vacation purpose shall not be regarded as a dwelling . Temporary housing hereinafter defined , shall not be regarded as a dwelling . The term shall include within its meaning the terms rooming house and rooming unit , as hereinafter defined . Dwelling unit shall mean any room or group of rooms , including a bathroom with commode or urinal and tub or shower used exclusively in connection with the occupancy of the unit , located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living , sleeping and cooking . Enclosed room shall mean a floor space in a dwelling or dwelling unit which by the use of fixed partitioning walls and doors is wholly separated from any other floor space . Extermination shall mean the control and elimination of insects , rodents or other pests by removing or making inaccessible 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. Garbage means animal and vegetable waste resulting from the handling , preparation , cooking and consumption of food including the combustible and non -combustible waste material resulting therefrom including paper, rags , cartons , boxes , tin cans , glass. and dust and similar household waste . Gender. Words having a masculine gender shall include the feminine and neuter genders . 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 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 the public . Let shall mean to rent to another for money or other valuable consideration . Manufactured home or mobile home shall mean a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi=permanent foundation having a measurement of over 32 feet in length and over eight feet in width . As used in this Ordinance , " mobile home " also means a double-wide mobile home which is two or more portable manufactured housing units designed for transportation on their own chassis , which connect on site for placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width . Multiple dwelling shall mean any dwelling containing two or more dwelling units . Occupant shall mean any person living , sleeping , cooking or eating in or having actual possession of a dwelling , dwelling unit or rooming unit . Operator shall mean any person who has charge , care or control of a building , or any part thereof, in which dwelling units or rooming units are let . Owner shall mean any person who alone , jointly , or severally with others : ( a) Shall have title to any dwelling , dwelling unit or rooming unit , with or without accompanying actual possession thereof; ( b ) Shall have charge , care or control of any , dwelling , dwelling unit or rooming unit , as owner or agent of the actual owner, or as executor, executrix, administrator, administratrix , trustee or guardian of the estate of the actual owner. Any such person thus , representing the actual owner shall be bound to comply with the provisions of this Ordinance , and the rules and regulations adopted pursuant thereto , to the same extent as if he were the owner. Party or Parties in interest shall mean all persons who have interests of record in a dwelling , dwelling unit or rooming unit and any persons who are in possession thereof. Person shall mean any individual , corporation , firm , partnership , association , organization or other legal entity . Plumbing shall mean and include all of the following facilities and equipment : gas pipes , gas burning equipment , water pipes , mechanical garbage disposal units ( mechanical sink grinders ) , sewage disposal pipes , water closets , sinks , installed dishwashers , lavatories , commodes , urinals , bathtubs , shower baths , installed clothes washing machines , catch basins , drains , vents and any other similar fixtures , together with all connections to water, sewer or gas lines . Premises shall mean the dwelling , its appurtenant structures , and so much of the adjoining and surrounding land as is used or is reasonable or necessary for its use as a habitation for human occupants . Public authority shall mean the Orange County Housing Authority or any officer 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 . Public officer shall mean 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 . A-Ry GUGh pA4b ! iG OffiGel' shall be a qualified GGde eRfGFGeR; eRt GffiGial as defined and provided iR North Gare Renter occupied shall mean occupied by a person other than the owner pursuant to an oral or written agreement between the owner and the occupant to let the premises . 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 operator to three or more persons who are not related by blood , adoption , or marriage to the owner or operator . Rooming unit shall mean any room or group of rooms including or not including a private bath forming a single habitable unit used or intended to be used for living and sleeping , but not for cooking and eating . Rubbish shall mean combustible and non -combustible 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 . Supplied shall mean paid for, furnished , or provided by, or under the control of, the owner or operator. 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 30 consecutive days . Unfit for human habitation shall mean that conditions exist in a dwelling , dwelling unit , rooming house or rooming unit which violate or do not comply with one or more of the minimum housing standards established by this Ordinance . Words having certain meaning. Whenever the words "dwelling , dwelling unit , rooming house , rooming unit , premises " are used in this Ordinance they shall be construed as though they were followed by the words " any part thereof. " (Ord . of 2 -214984 , art . 2 , eff. 744984) Cross references Definitions generally, § 1 -2 . Sec . 20-33 . - Minimum standards of fitness for dwellings and dwelling units . (a) Every renter-occupied dwelling and dwelling unit shall comply with all of the minimum housing standards established by this Ordinance . ( b) No person shall let any dwelling or dwelling unit which does not comply with all of the minimum housing standards established by this Ordinance . (Ord . of 2 -214984 , art . 3 , eff. 744984) Sec . 20-34 . - Minimum standards for structural conditions and safe and sanitary maintenance . The following standards shall constitute the minimum standards for condition of a dwelling or dwelling unit : ( a) All foundations , foundation walls , piers or other foundation supports ; all exterior walls , interior structural walls , joists , rafters , sills and other structural members shall be maintained in sound condition and good repair, free of decay , rot , deterioration , or damage , weathertight , rodent proof, capable of affording privacy , and capable of supporting the load which normal use would cause to be placed thereon . ( b ) All roofs , flashings , exterior walls , basement walls , foundation walls , floors , doors , basement doors cellar doors , hatchways , windows and any other part of a dwelling exposed to the weather shall be constructed and maintained so as to be rodent proof, rpFGefwatertight , and weathertight . Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather. (c) The ground shall not be used as a floor nor shall any wood floors be placed on the ground . (d ) Every outside and inside stair or steps , porches , landings , and other parts or appurtenances shall be kept in sound condition and good repair, free of holes , cracks , grooves , splinters , and other ramshackle and tumble-down conditions as may increase the hazards of collapse , tripping , falling , rodent or pest infestation , fire , or otherwise endanger the health or safety of the occupants, and shall be capable of supporting the load that normal use may cause to be placed thereon . ( e) Every floor, interior wall or partition , and ceiling of all rooms , closets and hallways shall be finished and covered with suitable materials , maintained in good repair , ate-maintained in a clean and sanitary condition free of dirt , grease , oil , and peeling and flaking paint , and capable of supporting the load which normal use may cause to be placed thereon . . (f) All interior surfaces and all exterior surfaces which are accessible to children under the age of seven years : shall be free of lead - based paint . The discovery of lead - based paint in a dwelling or dwelling unit shall be immediately reported to the North Carolina Department of Environmental Quality and the Orange County Health Department and as otherwise required by law . ( 1 ) SyrfaGeG te be treated must be thGreughly washed , sanded , and GGFaped or wiFe brush (g ) Every dwelling shall be provided with exit facilities adequate for the safety of the occupants as provided in the North Carolina State Building Code . ( h ) Every exterior door , basement door, cellar door , and hatchway shall be capable of being locked on either side and every window shall be capable of being secured and shall be kept in sound working condition and good repair . ( i ) The premises of a dwelling shall be properly graded to prevent the accumulation of stagnant water and the yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to health . ( i ) Bathtub and shower floors and walls above bathtubs with installed shower heads and in shower compartments shall be finished with a nonabsorbent surface . Such nonabsorbent surfaces must extend at least six feet (6 ) above the floor. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained in good repair and so as to permit such floor to be easily kept in a clean and sanitary condition . ( k ) Every supplied facility , piece of equipment , or utility which is required under this Ordinance shall be so constructed or installed that it will function safely and effectively , and shall be maintained in satisfactory working condition . (I ) Every dwelling and dwelling unit shall have smoke alarms installed and maintained accordingto the NC State Residential Building Code . ( m ) Where interior alterations , repairs , fuel -fired appliance replacements , or additions requiring a permit occurs , or where one or more sleeping rooms are added or created , carbon monoxide alarms shall be provided in accordance with the NC State Residential Building Code . ( n ) Upon investigation should the Public Officer reasonably believe structural deficiencies exist in violation of this Section the Public Officer shall consult with an Orange County code enforcement official prior to making a final determination on such structural deficiencies . A code enforcement official is an official as defined in § 143 - 151 . 8 et . seq . _( Ord . of 2 -21 - 1984 , art . 4 , eff. 7 - 1 sons 1984) Sec . 20- 35 . - Minimum standards for basic plumbing . (a) Every dwelling unit shall be supplied with an adequate supply of both hot and cold potable water and have 24- hour a day access to a privy or commode connected to a public sewer or other sewage disposal system approved by the Environmental oo Health Division of the Orange County Health Departmen ME e on t a m al atuFal ResoUPGeS , or the North Carolina Department of Health and Human Services . . ( b ) A commode or urinal and tub or shower Of previded-shall be located in an enclosed room or rooms . (c) Any plumbing fixture shall be so constructed and installed that it will function safely and effectively and shall be maintained in good repair capable of performing the function for which it was originally intended . (d ) Whenever all or any part of the existing plumbing system or fixtures shall be replaced , modified , altered or expanded , then such new installation shall be made in accordance with the North Carolina State Building Code . (Ord . of 2 -214 984 , art . 5 , eff. 74 4 984) Sec . 20- 36 . - Minimum standards for heating . Every dwelling or dwelling unit shall be supplied with a permanent central or electrical heating system or other safe heating facilities in proper operating condition and designed to be capable of heating all habitable rooms , bathrooms , and water closet compartments to a minimum temperature of 68 degrees Fahrenheit measured three feet above the center of the floor whenever the outdoor temperature is below 55 degrees Fahrenheit . ( b) If a dwelling unit contains a heating system or heating appliances that meet the requirements of subsection ( a) of this section , the owner of the dwelling unit shall not be required to install a new heating system or heating appliances , but the owner shall maintain the existing heating system or heating appliances in a good and safe working condition . Otherwise , the owner of the dwelling unit shall install a heating system or heating appliances that meet the requirements of subsection ( a ) of this section and shall maintain the heating system or heating appliances in a good and safe working condition . (c) Portable kerosene heaters are not acceptable as a permanent source of heat as required by subsection ( a) of this section but may be used as a supplementary source in single -family dwellings and duplex units . An owner who has complied with subsection (a) of this section shall not be held in violation of this section where an occupant of a dwelling unit uses a kerosene heater as a primary source of heat . {-a-) ( d ) Nothing in this section shall be construed to diminish the rights or remedies available to a tenant under a lease agreement , statute , or at common law . (Ord . of 2 -214984 , art . 6 , eff. 744984) Sec . 20-37 . - Minimum standards for electrical equipment and facilities . Every dwelling and dwelling unit shall be wired for electrical lights and convenience receptacles as follows : ( a) Every habitable room containing 70 square feet oft floor area or less shall contain at least two floor or wall -type electrical convenience receptacles and every habitable room containing more than 70 square feet of floor area shall be provided with at least three receptacles but not less than one receptacle for every 50 square feet of floor space . ( b ) Every bathroom , water closet room , laundry room , and furnace room shall contain at least one supplied ceiling or wall type electric light fixture . (c) Every public hall and stairway in every multiple dwelling shall be adequately lighted by electrical lights from sunset to sunrise . ( d ) All electrical fixtures , receptacles , equipment and wiring shall be maintained in a state of good repair, safe , free of fire or shocking hazards , and capable of performing the function for which it was originally intended . (e) Whenever all or any part of the existing electrical system , wiring , or fixtures shall be replaced , modified , altered , or expanded then such new installation shall be made in accordance with the North Carolina State Building Code . ( Ord . of 2 -214984 , art . 7 , eff. 744984) Sec . 20-38 . - Minimum standards for lighting and ventilation . ( a) Every dwelling unit shall be provided with natural light and ventilation by one or more windows , opening to the outdoors , as follows : ( 1 ) In dwelling units containing fewer than five habitable rooms exclusive of kitchens , bathrooms ; and water closets , a window or windows shall be provided in all habitable rooms . (2) In dwelling units containing five or more habitable rooms exclusive of kitchens , bathrooms and water closets , a window or windows shall be provided in at least four habitable rooms . ( b) The windows shall be glazed with glass or other translucent or transparent material . The aggregate area of glazing material in windows shall not be less than eight percent of the floor area of, the room served by them , but in no event shall the glazed area in a habitable room be less than ten square feet or in a bathroom , less than three square feet . Windows used for ventilation shall have an aggregate openable area of at least 50 percent of the glazed area required for lighting . (c) Every kitchen , bathroom , and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that no window shall be required in kitchens , bathrooms , and water closets , equipped with a ventilation system which meets the standards of the North Carolina State Building Code . (Ord . of 2 -214984 , art . 8 , eff. 744984) Sec . 20-39 . - Minimum standards for space, use and location . (a) Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the North Carolina State Building Code . 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 150 square feet of habitable floor area for the first occupant , at least 100 square feet of additional habitable area for each of the next three occupants and at least 75 square feet of additional habitable floor area for each additional occupant . (c) At least one- half of the floor area of every habitable room shall have a ceiling height of not less than seven feet and six inches . (d ) Floor area shall be calculated on the basis of aggregate room area . However, closet area and wall area within the dwelling unit may count for not more than ten percent of the required habitable floor area . The floor area of any part of any room where the ceiling height is less than four and one - half feet (4 '6 ") shall not be considered as part or the floor area for the purpose of determining maximum permissible occupancy. (e) No cellar shall be used for living purposes . (f) No basement shall be used for living purposes unless : ( 1 ) The floor and walls are substantially watertight and weathertight ; ( 2 ) The total window standards , total openable window area , and ceiling height are equal to those required for habitable rooms ; ( 3 ) The required minimum window standards of every habitable room are entirely above the grade adioining such , window area , except where the window or windows face a stairwell , window well , or access way . (Ord . of 2 -214984 , art . 9 , eff. 744984) Sec . 2040 . - Minimum standards for control of insects , rodents and infestations . (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 ; and every window or other device opening to outdoor space used or intended to be used for ventilation shall likewise be supplied with screens . ( b) 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 equipped with screens or such other device as will effectively prevent their entrance . (c) Subiect to the terms of Section 20 -42 (f) , every dwelling unit shall be kept free of any insects , rodents or other pests therein or on the premises . ( Ord . of 2 -214984 , art . 10 , eff. 744984) Sec . 2041 . - Minimum standards applicable to rooming houses ; exceptions . All of the provisions of this Ordinance , and all of the minimum standards and requirements of this Ordinance , 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 paragraphs : (a) At least one water closet or approved privy in good working condition shall be supplied for each four rooms within a rooming house wherever these facilities are shared . ( b ) Every room occupied for sleeping purposes by one occupant shall contain , at least 70 square feet of floor area , and every- room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age . ( c) 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 . 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. (d ) Every water closet , flush urinal , lavatory basin and bathtub shall be within an enclosed room or rooms , which are separate from the habitable rooms , are accessible from a common hall , and are accessible without going through any other rooming unit therein . If sanitary facilities are outside , they shall be accessible to occupants of each rooming unit without going through another rooming unit . (e) All rooming units shall have access to an exterior door and exit without going through another rooming unit . (Ord . of 2 -21 - 1984 , art . 11 , eff. 7 - 1 - 1984) Sec . 2042 . - Responsibilities of owners and occupants . (a) Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. ( b ) Every owner 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 . (c) Every occupant of a dwelling or dwelling unit shall dispose of all their4+s rubbish and garbage in a clean and sanitary manner. (d ) 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 protection against freezing . It shall be the responsibility of the occupant of a dwelling unit to keep all supplied plumbing and plumbing fixtures therein as clean and sanitary as the condition of the premises permit and to exercise reasonable care in the proper use and operation of same , including the doing of any act or the use and maintenance of any protection required by or provided by the owner for the prevention of freezing . (e) It shall be the responsibility of the owner in all cases to furnish , supply , install and replace all required windows , window glazings and screens . It shall be the responsibility of the occupant of a dwelling unit to maintain the same in good condition , normal wear and tear excepted . Whenever any window , window glazing , or screen is damaged or broken by the willful act or neglect of the occupant , then it shall be the responsibility of the occupant to bear the cost of repairing or replacing the same . (f) The owner of any dwelling or dwelling unit shall be responsible for providing a dwelling or dwelling unit free of insects , rodents , or other pests at the time of original letting to any occupant . Thereafter, every occupant ofr 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 the unit is the only one infested . Whenever infestation is caused by failure of the owner to maintain a dwelling in rodent-proof or reasonable insect- proof condition as required by Section 20 -40 , extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units , extermination shall be the responsibility of the owner. (Ord . of 2 -214 984 , art . 12 , eff. 744984) Sec . 2043 . - Powers and duties of the public officer . The County Manager shall designate a Public Officer to enforce the provisions of this Ordinance and to exercise the duties and powers herein prescribed . The Public Officer is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Ordinance , including the following powers in addition to others herein granted : (a) To investigate the dwelling conditions and to inspect dwellings and dwelling units located in the County , in order to determine which dwellings and dwelling units do not meet the minimum standards contained in this Ordinance . ( 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 accordance with Section 2044 of this Ordinance and State law , and shall be made in such manner as to cause the least possible inconvenience to the persons in possession . (d ) To appoint and fix the duties of officers , agents and employees , as the Public Officer deems necessary to assist in carrying out the purposes of this Ordinance , and to delegate any of the Public Officer' s functions and powers to such officers , agents and employees , subject to the general supervision of the County Manager . (e) To perform such other duties as may be prescribed herein or by the Board of County Commissioners of OFa or County Manager . (Ord . of 2 -214 9 84 , art . 13 , eff. 74 4 9 84) Sec . 2044 . - Inspections duty of owners and occupants . ( a) The Public Officer is hereby authorized to enter, examine , and survey at all FeasGRable times And in a reasonable manner all dwellings , dwelling units , rooming houses , rooming units and the premises associated therewith to determine if there exist upon such premises conditions which do not meet the standards contained in this Ordinance , as follows : ( 1 ) Whenever it appears to the Public Officer (on bey- �their own motion ) there is reasonable cause to believe that unsafe , unsanitary , or otherwise hazardous or unlawful conditions may exist upon such premises ; . Reasonable cause is established where : ( i ) the landlord or owner has a history of more than two verified violations of this Ordinance within a 12 - month period (for purposes of this subsection , a violation shall be deemed verified upon issuance of a decision or order of the Public Officer pursuant to 20 -45 , or upon issuance of a warning or civil penalty pursuant to 2048 ) , ( ii ) there has been a petition that substandard conditions exist within the building or there has been a request that the building be inspected , ( iii ) the inspection department has actual knowledge of an unsafe condition within the building , or ( iv) violations of this Ordinance are visible from the outside of the property . (2 ) Whenever a petition is filed with OF ^^ mr ' � ; ^ + ro ^ o ; , �orl her the Public Officer charging that any dwelling or dwelling unit contains conditions that do not meet minimum standards contained in this Ordinance . The following may act by petition : ( i ) a public authority ; ( ii) at least five residents of the County regarding any renter- occupied dwelling . The following may act by petition or GOR; ptaiRt provided that the person identifies 4434� � ► ^ � '� a c � �¢themself to the Public Officer: any one occupant of a dwelling unit which is renter-occupied regarding that dwelling unit . ( 3 ) Whenever the Board of County Commissioners has determined periodic inspections are necessary as part of a targeted effort to respond to blighted or potentially blighted conditions within a _geographic area that has been designated by the Board of County Commissioners . However , the total aggregate of targeted areas in the County' s jurisdiction at any one time shall not be greater than 1 square mile or five percent (5 % ) of the area within the County' s jurisdiction , whichever is greater. A targeted area designated by the Board of County Commissioners shall reflect the County' s stated neighborhood revitalization strategy and shall consist of property that meets the definition of a " blighted area " or " blighted parcel " as those terms are defined in G . S . 160A- 503 ( 2 ) and G . S . 160A- 503 (2a) , respectively , except that for purposes of this subsection , the planning board is not required to make a determination as to the property . The County shall not discriminate in its selection of areas or housing types to be targeted and shall : ( i ) provide notice to all owners and residents of properties in the affected area about the periodic inspections plan and information regarding a legislative hearing regarding the plan , ( ii) hold a legislative hearing regarding the plan , and ( iii ) establish a plan to address the ability of low- income residential property owners to comply with minimum housing code standards . ( b ) The owner and occupant of every dwelling , dwelling unit , rooming house and rooming unit , or the person in charge thereof, shall give the Public Officer free access to such dwelling , dwelling unit , rooming house or rooming unit and its premises at all reasonable times and in a reasonable manner for the purposes of such inspection , examination and survey consent of the occupant in actual possession or in 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 , by the occupant , the Public Officer may obtain a warrant authorizing her ^ r " gr"them to conduct such inspection of the premises as authorized by North Carolina General Statutes § 15 -27 . 2 . (c) Every occupant or person in possession of a dwelling , dwelling unit , rooming house or rooming unit shall give the owner thereof, � r " � �, r '� � & their agent or employee , access to any part of such dwelling or dwelling unit and its premises at reasonable times and in a reasonable manner for the purpose of making such repairs and alterations as are necessary to effect compliance with the standards contained in this Ordinance or with any lawful order issued pursuant to the provisions of this Ordinance . (Ord . of 2 -21 - 19 84 , art . 14 , eff. 7449 84) Sec . 2045 . - Procedure for enforcement . ( a) Whenever a petition is filed with the Public Officer by an occupant , a public authority , or by at least '. five residents of the jurisdiction charging that any dwelling is unfit for human habitation or when it appears to the Public Officer that any dwelling is unfit for human habitation , the Public Officer shall , if a preliminary investigation discloses a basis for such charges , issue and cause to be served upon the owner of and parties in interest in such dwellings a complain WheReVeF it appear to the P61191 • n#iGer that ally dwelliRg GF dwelling unit dGeG RGt meet minimum tandardS GGntaiRed in this OrdinaRGe , he Inr4l � rR In in A % AI stating the charges and containing a notice that a hearing will beheld before the his-9fisPublic Officer at a place therein fixed , not less than ten nor more than 30 days after the serving of the complaint . The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person , or otherwise , and give testimony at the place and time fixed in the complaint . 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 this State shall not be controlling in hearings before the his Offise Public Officer . ( b) Orders . — If, after notice and an administrative hearing , the Public Officer determines that the dwelling under consideration is unfit for human habitation , the officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner one of the following orders , as appropriate : ( 1 ) If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling , an order requiring the owner , within the time specified , to repair, alter , or improve the dwelling in order to render it fit for human habitation . The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm , taking into account the nature of the necessary repairs , alterations or improvements ; the current state of the property ; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities . The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under subsection ( b) ( 3 ) of this section . (2 ) If the repair , alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling , an order requiring the owner, within the time specified in the order, to remove or demolish the dwelling . However , notwithstanding any other provision of law , if the dwelling is located in a historic district and the Historic District Commission determines , after an administrative hearing as provided by this Ordinance , that the dwelling is of particular significance or value toward maintaining the character of the district , and the dwelling has not been condemned as unsafe the order may require that the dwelling be vacated and closed consistent with G . S . 160M49 . 3( ) Repair, closing , and posting . — If the owner fails to comply with an order to repair , alter , or improve or to vacate and close the dwelling , the Public Officer may cause the dwelling to be repaired , altered , or improved , or to be vacated and closed , and the Public Officer may cause to be posted as provided in Section 20 -48 ( b) . The duties of the Public Officer set forth in this subsection ( b ) ( 3 ) shall not be exercised until the Board of County Commissioners shall have by ordinance ordered the Public Officer to proceed to effectuate the purpose of this subsection with respect to the particular property or properties that the Public Officer shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance . The property specific ordinance shall be recorded in the office of the register of deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index . (4) Demolition . — If the owner fails to comply with an order to remove or demolish the dwelling ; or if the Public Officer determines the dwelling is dilapidated , the Public Officer may cause such dwelling to be removed or demolished . The duties of the Public Officer set forth in this subsection ( b) (4 ) shall not be exercised until the Board of County Commissioners shall have by ordinance ordered the Public Officer to proceed to effectuate the purpose of this subsection with respect to the particular property or properties that the Public Officer 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 demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code . The property specific ordinance shall be recorded in the office of the register of deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index . Prior to making a final determination to remove or demolish a dwelling the Public Officer shall consult with an Orange County code enforcement official as that term is defined herein . ( 5 ) Abandonment of Intent to Repair . — If the dwelling has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to subsection ( b ) ( 3 ) of this section or after a Public Officer issues an order or proceedings have commenced under the substandard housing regulations regarding a dwelling to be repaired or vacated and closed as provided in this subsection , then the Board of County Commissioners may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health , safety , and welfare of the public in that the dwelling would continue to deteriorate , would create a fire and safety hazard , would be a threat to children and vagrants , would attract persons intent on criminal activities , would cause or contribute to blight and the deterioration of Property values in the area , and would render unavailable property and a dwelling that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in the County , then in such circumstances , the Board of County Commissioners may , after the expiration of such one- year period , enact an ordinance and serve such ordinance on the owner , setting forth the following . ( i ) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding fifty percent (50 %) of the then current value of the dwelling , the ordinance shall require that the owner either repair or demolish and remove the dwelling within 90 days . ( ii ) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding fifty percent ( 50 % ) of the then current value of the dwelling , the ordinance shall require the owner to demolish and remove the dwelling within 90 days . The property specific ordinance shall be recorded in the office of the register of deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index . If the owner fails to comply with this ordinance , the Public Officer shall effectuate the purpose of the ordinance . (6 ) Liens . — (h The amount of the cost of repairs , alterations , or improvements , or vacating and closing , or removal or demolition by the Public Officer shall be a lien against the real property upon which the cost was incurred , which lien shall be filed , have the same priority , and be collected as the lien for special assessment provided in Article 10 of Chapter 160A of the General Statutes . ( ii ) If the real property upon which the cost was incurred is located in an incorporated city , then the amount of the cost is also a lien on any other real property of the owner located within the city limits or within one mile thereof except for the owner' s primary residence . The additional lien provided in this sub -subdivision is inferior to all prior liens and shall be collected as a money iudgment . NO If the dwelling is removed or demolished by the Public Officer , the County may sell the materials of the dwelling , and any personal property , fixtures , or appurtenances found in or attached to the dwelling , and shall credit the proceeds of the sale against the cost of the removal or demolition , and any balance remaining shall be deposited in the superior court by the Public Officer , shall be secured in a manner directed by the court , and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court . ( 7 ) Civil action . — If any occupant fails to comply with an order to vacate a dwelling , the Public Officer may , upon approval of the County Manager , file a civil action in the name of the County 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 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 10 days from the issuance of the summons to answer the complaint . The summons and complaint shall be served as provided in G . S . 42 -29 . If the summons appears to have been duly served and if at the hearing the Public Officer produces a certified copy of an ordinance adopted by the Board of County Commissioners pursuant to subdivision (5 ) of this section 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 that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G . S . 42 - 30 . An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G . S . 7A -228 , and j the execution of such judgment may be staved as provided in G . S . 7A -227 . An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filinq of the summary ejectment proceeding that the Board of County Commissioners has ordered the Public Officer to proceed to exercise her or his duties under subsections (4 ) and ( 5 ) of this section to vacate and close or remove and demolish the dwelling . ( 8 ) Additional notices to affordable housing organizations . — Whenever a determination is made pursuant to subsection ( b ) of this section that a dwelling must be vacated and closed , or removed or demolished , under the provisions of this section , notice of the order shall be given by first -class mail to anV 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 Public Officer , to allow the opportunity for any organization to negotiate with the owner to make repairs , lease , or purchase the property for the purpose of providing affordable housing . The Public Officer or clerk shall certify the mailing of the notices , and the certification shall be conclusive in the absence of fraud . Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices , and the sole remedy shall be an order requiring the Public Officer to wait 45 days before causing removal or demolition . dwelling oF dwelling URit GOMPlieS With the minimum 6tandaFdS GORtaffined in this OFdinaRGe , and if No ( 1 ) if the P61bliG Offir." e. . determines that the dwel iRg 9F dwel ! ; Rg wRit is deteFieFated , he shall state iR hquiQ h ® ® n mr+ rJa i' theFeef an erdeF dir-eGtiRg and requipiRg the ewRer either to repaiF, alter GF improve SuGh dwelling FeMGVe , eF demolish the sa .m. e. within a speGified peried Gf tome RE)t to ex.Geed 90 days ( Ord . of 2 -21 - 1984 , art . 15 , eff. 7 - 1 - 1 984) Sec . 20-46 . - Appeals from decisions and orders of public officer . (a) An appeal from any decision or order of the Public Officer may be taken by any person aggrieved thereby within ten days from the rendering of the decision or service of the order, and shall be taken by filting with the Public Officer and the Orange County Board of Adjustment notice of appeal which shall specify the grounds upon which the appeal is based . Upon the filing of any notice of appeal , the Public Officer shall forthwith transmit to the Board all the papers constituting the record upon which the decision 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 , the Public Officer"his decision shall remain in force until modified or reversed . When an 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 , unless the Public Officer certifies to the Board , after the notice of appeal is filed with er. ^ ° them , that by reason of the facts stated in the certificate (a copy of which shall be furnished to the appellant) , a suspension of this requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by restraining order granted for due cause shown upon not less than one day' s written notice , to the Public Officer, by the Board , or by a court of record . In the absence of an appeal , the order of the Public Officer is final . ( b) The Board 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 may reverse or affirm , wholly or in part , or may modify the decision or order appealed from , and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Public Officer, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Public Officer. The Board shall have power also in passing upon appeals in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance , to adapt the application of the Ordinance to the necessities of the case to the end that the spirit of the Ordinance shall be observed , public safety and welfare secured , and substantial justice done . This power shall be exercised according to the procedures and standards contained in the Orange County Unified Development Ordinance for the exercise of the variance powers contained in that ordinance . ( c) Every decision of the Board shall be in writing and shall be promptly filed in the office of the Public Officer, and , shall be open to public inspection ; a certified copy shall be sent by mail , or otherwise , to the appellant . ( d ) Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board , but not otherwise . (e) During the time allowed for the filing of an appeal to the Board or for the filing of a petition for writ of certiorari , but not more than 30 days after the issuance of an order by the Public Officer or the rendering of a decision by the Board , whichever is applicable and whichever is later , any person aggrieved by the order or decision may petition the Superior Court for a temporary injunction restraining the Public Officer pending final disposition of the cause as provided in subsection 20 -46 ( a) or subsection 20 - 46 (d ) hereof. (Ord . of 2 -214 984 , art . 16 , eff. 74 4 984) Sec . 2047 . - Methods of service of complaints and orders . Complaints and orders issued by the Public Officer shall be served upon persons either personally or by registered or certified mail . If the whereabouts of such persons are unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence , the Public Officer shall make affidavit to that effect , and the serving of such complaint or order upon such person may be made by the publishing of same at least once no later than the time at which personal service would be required under the provisions of this Ordinance in a newspaper having general circulation in the County . Where service is made by publication , a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order. (Ord . of 2 -214 984 , art . 17 , eff. 74 4 984) Sec . 2048 . - Violations; remedies and penalty . ( a) The owner of any dwelling or dwelling unit who fails to comply with an order issued by the Public Officer pursuant to subsection 2045 ( b) of this Ordinance from which no appeal has been taken , or fails to comply with an order of the Board of Adjustment following an appeal , shall be guilt-ef a m, demeRein violation of this Ordinance . Each day that any such failure to comply with such order continues shall constitute a separate and distinct effenseviolation . ( b ) If the owner of any dwelling or dwelling unit fails to comply with an order issued by the Public Officer pursuant to subsection 20 -45 ( b) of this Ordinance from which no appeal has been taken , or fails to comply with an order of the Board of Adjustment following an appeal , then the Public Officer may cause such dwelling or dwelling unit to be vacated and closed ; and may cause to be posted on the main entrance of any dwelling so closed , a placard with the following words : "This building is unfit for human habitation . The use or occupancy of this building for human habitation is prohibited and unlawful . " If a person removes a notice that has been affixed to a dwelling or dwelling unit by the Public Officer, that person is a4nisdemeaReFin violation of this ordinance . I (c) Occupancy of dwelling or dwelling unit posted or placarded as provided in subsection 2048 (b) of this Ordinance shall constitute a misde iolation . Each day that such occupancy continues after such posting or placarding shall constitute a separate and distinct effenseviolation . ( d ) Whenever a violation ' occurs , 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 building involved . In addition to all other enforcement options provided herein , the Public Officer may issue a warning or citation as follows : ( 1 ) A warning may be issued by the Public Officer, his designee , or Inspector, without fine when he or she is of the opinion that a violation of this chapter may be remedied without the necessity of prosecution ; however, a warning may not be issued in cases where public health and/or safety are endangered ; (2 ) Enforcement personnel are hereby empowered to issue civil citations to any person (s ) if there is probable cause to believe that such person (s ) caused or is responsible for a violation of the minimum standards and responsibilities found in Sections 20 -33 through 20 -42 . Enforcement personnel are authorized to assess penalties and seek civil relief as noted herein . Citations so issued may be served in person on the violator by the Public Officer, designee , or Inspector. If such a person cannot readily be found or if reasonable attempts have been made to effect service of the written citation upon the responsible person (s ) by delivery or mail and those attempts have been unsuccessful , then a citation may be provided by posting the citation upon the dwelling in which the violator resides in a conspicuous place for a period of not less than 14 days . Any citation so served shall direct the violator to make a payment of the penalty provided therein to Orange County on or before a specific day and hour named in the citation and to present evidence of the remedyo of any violation of this chapter . ( i ) Citations may be appealed to the Public Officer within ten ( 10 ) days of receipt of the citation . Such appeal shall be in writing, ( ii ) The Public Officer shall render a decision on the appeal within ten ( 10 ) days . Any person aggrieved by the decision may appeal the decision pursuant to Section 2046 . (e) Neither this Ordinance nor any of its provisions shall be construed to impair or limit in any way the power of the County to define and declare nuisances and to cause their abatement by summary action or otherwise , Statutes § 14 _ ^ and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in any other ordinances or laws . (f) It shall be a violation of this Ordinance to prevent the Public Officer or Inspectors authorization to enter , examine , and survey at all reasonable times all buildings , dwellings , dwelling units , rooming units , and premises under Section 20 -44 of this Ordinance . Each such incident shall constitute a separate and distinct violation . ( g ) The violation of any provision of this Ordinance shall subject the violator to a civil penalty of up to Five Hundred Dollars ( $ 500 . 00 ) . Each offense and continuing offense shall constitute a separate violation . Such penalties shall be collectible in the nature of debt . ( h ) In addition to the remedy specified in this and in other sections of this Ordinance , the provisions of this Ordinance may also be enforced by the County by iniunction and order or abatement or by any other equitable remedy issuing from a court of competent jurisdiction , as specified in G . S . 153A - 123 ( d ) and ( i ) A violation of this ordinance is not a misdemeanor. (Ord . of 2 -214984 , art . 18 , eff. 744984) Sec . 2049 . - Non - conforming conditions . ( a) The area , dimensional , and proportional provisions of subsections 20 - 37 (a) , 20 -38 ( a) , 20 -38 ( b) , 20 - 39 ( a) , 20 -39 (c) , 20 -41 ( b) shall not apply to dwellings or dwelling units in use prior to the adoption of this Ordinance , but no such dwelling or dwelling unit shall be modified , altered , expanded , or replaced except that any such new installation shall be made in accordance herewith . ( b) 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 . (Ord . of 2 -214 984 , art . 19 , eff. 74 4 984) Sec . 20- 50 . - 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 establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents or the County shall prevail . ( Ord . of 2 -214984 , art . 20 , eff. 744984) Sec . 20- 51 . - Severability . If any provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction , such provision 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 . ( Ord . of 2 -214984 , art . 20 , eff. 744984) Sec . 20- 52 . - Effective date . This Ordinance shall be effective on July 1 , 1984 . ( Ord . of 2 -214984 , art . 20 , eff. 744984)