7. Building Regulations

Article I. General Building Regulations

Section 7-1 Building Permits and Inspections

The Town may create an inspection department and may appoint inspectors who may be given appropriate titles, such as building inspector, electrical inspector, plumbing inspector, housing inspector, zoning inspector, heating and air-conditioning inspector, fire prevention inspector, or deputy or assistant inspector, or such other titles as may be generally descriptive of the duties assigned. The Town shall perform the duties and responsibilities set forth in G.S. 160D-1105 either by:

(i) creating its own inspection department.

(ii) creating a joint inspection department in cooperation with one or more other units of local government, pursuant to G.S. 160D-1105 or Part 1 of Article 20 of Chapter 160A of the General Statutes.

(iii) contracting with another unit of local government for the provisions of inspection services pursuant to Part 1 of Article 20 of Chapter 160A of the General Statutes, or

(iv) arranging for Perquimans County to perform inspection services within the Town's jurisdiction as authorized by G.S. 160D-1105 and G.S. 160D-202.

Section 7-2 North Carolina State Building Code Adopted

The Town hereby adopts the North Carolina Building Code and any other related codes adopted by the North Carolina Building Code Council as amended from time to time.

Article V. Housing Standards

Section 7-65 Findings; Purpose.

Pursuant to G.S. 160D-1201, it is hereby declared that there exist in the Town dwellings which are unfit for human habitation due to dilapidation; defects increasing the hazards of fire, accidents and other calamites; lack of ventilation, light and sanitary facilities; and other conditions rendering such dwellings unsafe or unsanitary, dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents of the Town.

In order to protect the health, safety and welfare of the residents of the Town as authorized by Article 12, Chapter 160D of the General Statues, it is the purpose of this ordinance to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. 160D-1204.

The Building Inspector may determine that a dwelling is unfit for human habitation if he finds that conditions exists in the dwelling that render it dangerous or injurious to the health, safety or morals of the occupants of the dwelling, the occupants of neighboring dwellings, or other residents of the city. Defective conditions may include the following (without limiting the generality of the foregoing); defects therein increasing the hazards of fire, accident, or other calamites; lack if adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness.

Section 7-66 Definitions.

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

Basement shall mean a portion of a 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 dwelling, which is located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
Deteriorated shall mean that a dwelling is unfit for human habitation and can be repaired, altered or improved to comply with all of the minimum standards established by this ordinance at a cost not in excess of fifty percent (50%) of its value, as determined by finding of the Inspector.
Dilapidated shall mean that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all the minimum standards established by this ordinance except at a cost in excess of 50% of its value, as determined by findings of the Inspector.
Dwelling shall mean any building, structure, 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. Temporary housing, as 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 located within a dwelling and forming a single habitable unit with facilities, which are used or intended to be used for living, sleeping, cooking, and eating.
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 methods approved by the Inspector.
Garbage shall mean the organic waste resulting from the handling, preparation, cooking and consumption of food.
Gender. Words having a masculine gender shall include the feminine and neuter genders.
Habitable room shall mean a room or enclosed floor 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.
Inspector shall mean the Building Inspector of the Town or any authorized agent of the Inspector.
Multiple dwellings shall mean any dwelling containing more than two dwelling units.
Occupants shall mean any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.
Operator shall mean any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
Owner shall mean any person who alone, jointly, or severally with others:
1. Shall have title to any dwelling, dwelling unit or rooming unit, with or without accompany actual possession thereof; or
2. Shall be a mortgage of record for any dwelling, dwelling unit or rooming unit; or
3. Shall have charge, care of 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 of 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 supplied 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, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
Public Authority shall mean the Town Housing Authority or any officer who is in charge of any department or branch of the government of the Town or of Perquimans County or the State of North Carolina relating to heath, fire, building regulations or other activities concerning dwellings in the Town.
Rooming house shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband and wife, son or daughter, mother or father, or brother or sister of the owner or operator.
Rooming unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Rubbish shall mean non-organic waste material. The term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass and dust.
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 of human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty 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 standards of fitness or one or more of the requirements 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 constructed as though they were followed by the words “or any part thereof.”

Section 7-67 Minimum Standards of Fitness for Dwelling and Dwelling Units.

Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of Sections 7-65, 7-66, 7-67, 7-68, 7-69, 7-70, 7-71, 7-72, and 7-73 of this ordinance.
No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of Sections 7-65, 7-66, 7-67, 7-68, 7-69, 7-70, 7-71, 7-72, and 7-73 of this ordinance.

Section 7-68 Minimum Standards for Structural Condition.

The following standards shall constitute the minimum standards for structural condition of a dwelling or dwelling unit:

Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated, or damaged, and shall not have holes or cracks which might admit rodents.
Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.
Foundations, foundation walls, piers or other parts or other foundation supports shall not be deteriorated or damaged.
Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse.
Adequate facilities for egress in case of fire or panic shall be provided.
Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will, by use of reasonable household methods promote sanitation and cleanliness, and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces.
The roof, flashes, exterior walls, basements walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained so as to be weatherproof and watertight.
There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard.
There shall be no use of the ground for floors, or wood floors on the ground.

Section 7-69 Minimum Standards for Basic Plumbing, Heating, and Electrical Equipment and Facilities

Plumbing System. Every dwelling and dwelling unit shall have facilities for providing plumbing in accordance with the following:
1. Each dwelling unit shall be connected to a portable water supply and to a public sewer or other approved sewage disposal system.
2. Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.
3. All plumbing fixtures shall meet the standards of the State Plumbing Code and shall be maintained in a state of good repair and in good working order.
4. All required fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user.
Heating Systems. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with the following:
1. Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity to heat all habitable rooms, bathrooms and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of seventy (70) degrees Fahrenheit measured at a point three feet (3') above the floor during ordinary winter conditions.
2. Other heating facilities. Where a central or electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, gas vents or other facilities to which heating appliances may be connected to heat all habitable rooms with a minimum temperature of seventy (70) degrees Fahrenheit measured three feet (3') above the floor during ordinary winter conditions.
Electrical System. Every dwelling and dwelling unit shall have facilities for providing electricity in accordance with the following:
1. Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles, connected in such manner as determined by the State Electrical Code. There shall be installed in every bathroom, water closet room, laundry room, and furnace room at least one supplied ceiling or wall-type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room, then such habitable room shall contain at least three floor or wall-type electric convenience receptacles.
2. Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times natural daylight is not sufficient.
3. All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the State Electrical Code.

Section 7-70 Minimum Standards for Ventilation

General. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be ten percent (10%) of the floor area of such room. Whenever walls or other portions of structures face a window or any room and such light-obstructing structures are located less than five feet (5') from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least fifteen percent (15%) of the total floor area of such room.
Habitable Room. Every habitable room shall have at least one (1) window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total open able window area in every habitable room shall be equal to at least forty-five percent (45%) of the minimum window area size or minimum skylight-type window size as required, or shall have other approved, equivalent ventilation.
Bathroom and water closet rooms. Every bathroom and water closet compartments shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and water closets rooms equipped with an approved ventilation system.

Section 7-71 Minimum Standards for Space, Use and Location.

Room sizes. Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the State Residential Building Code.
Every dwelling unit shall contain at lease one hundred and fifty (150) square feet of habitable floor area for the first occupant, at least one hundred square feet of additional habitable area for each of the next three occupants, and at least seventy-five (75) square feet of additional habitable floor area for each additional occupant.
In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and over and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age.
Ceiling Height. At least one-half (1/2) of the floor area of every habitable room shall have a ceiling height of not less than seven feet and six inches (7'6'').
Floor area calculation. Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area within the dwelling unit may count for not more than ten percent (10%) of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than four and one-half feet (4'6'') shall not be considered as part of the floor area for the purpose of determining maximum permissible occupancy.
Cellar. No cellar shall be used for living purposes.
Basements. No basements shall be used for living purposes unless:
1. The floor and walls are substantially watertight;
2. The total window area, total open able window area and ceiling height are equal to those required for habitable rooms;
3. The required minimum window area of every habitable room is entirely above the grade adjoining such window area, except where window or windows face a stairwell, window well or access way.

Section 7-72. Minimum Standards for Safe and Sanitary Maintenance

Exterior foundation, walls and roofs.Every foundation wall, exterior wall and exterior roof shall be substantially weather proof and rodent proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.
Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load with which normal use would cause to be placed thereon.
Windows and doors. Every window, exterior door, basement or cellar door and hatchway shall be substantially weather tight, watertight and rodent proof and shall be kept in sound working condition and good repair.
Stairs, porches and appurtenances. Every outside and inside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use would cause to be placed thereon and shall be kept in sound condition and good repair.
Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so that it will be reasonably impervious to water and will permit such floor to be easily kept in a clean in sanitary condition.
Supplied Facilities. 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.
Drainage. Every yard shall be properly graded in order to obtain thorough drainage and to prevent the accumulation of stagnant water.
Noxious Weeds. Every yard and all exterior property areas shall be kept free of species of weeds of plant growth, which are noxious or detrimental to health.
Egress. Every dwelling unit shall be provided with adequate means of egress as required by the State Residential Building Code.

Section 7-73 Minimum Standards for Control of Insects, Rodents and Infestations

Screens. In every dwelling unit, for protection against mosquitoes, files and other insects, every door opening directly from the dwelling unit to outdoor space shall be equipped with screens and self closing device. Every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be equipped with screens.
Rodent Control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be equipped with screens or such other approved device as will effectively prevent their entrance.
Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonable insect proof condition, 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.
Rubbish Storage and Disposal. Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by Town ordinances, and the owner, operator or agent in control of such dwelling or dwelling unit shall be responsible for the removal of rubbish.
Garbage Storage and Disposal. Every dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit, or an approved outside garbage can as required by Town ordinances.

Section 7-74 Minimum Standard 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 and any rooming unit in any rooming house, except as provided in the following paragraphs:

Water Closets, Hand Lavatory and Bath Facilities. At least one (1) water closet, lavatory basin and bathtub or shower, properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming house wherever these facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or pass away and shall be not more than one (1) story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar.
Minimum Floor Area for Sleeping Purposes. Every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age.
Sanitary Conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceiling, 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.
Sanitary Facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by paragraph (1) of this Section shall be located within the rooming house and within a room or rooms which afford privacy, are separate from the habitable rooms, are accessible from a common hall, and are accessible without going outside the rooming house or through any other room therein.

Section 7-75 Responsibilities of Owners and Occupants.

Public area. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
Cleanliness. Every occupant of a dwelling or dwelling unit shall be keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.
Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities. In all cases, the owner shall be responsible for the availability of rubbish and garbage storage facilities.
Supplied Plumbing Fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of same.
Care of facilities, equipment and structure. No occupant shall willfully destroy, deface, or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.

Section 7-76 Powers and Duties of Building Inspector

The Building Inspector is hereby designated as the officer to enforce the provisions of this ordinance and to exercise the duties and powers herein prescribed. The Building Inspector is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this ordinance. The Building Inspector shall have the following powers and duties:

to investigate the dwelling conditions, and to inspect dwellings and dwelling units located in the Town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this ordinance with respect to the repair, closing or demolition of such dwellings and dwelling units;
to take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;
to keep a record of the results of inspections made under this ordinance and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed;
to administer oaths and affirmations, examine witnesses and receive evidence;
to enter upon premises for the purpose of making examinations and inspections; provided, such entries shall be made in accordance with Section 7-77 of this ordinance and State Law, and shall be made such manner as to cause the least possible inconvenience to the persons in possessions;
to appoint and fix the duties of such officers, agents, and employees as he deems necessary to assist in carrying out the purposes of this ordinance, and to delegate any of his functions and powers to such officers, agents and employees; and
to perform such other duties as may be prescribed herein or by the Town Council.

Section 7-77 Inspections: Duty of Owners and Occupants

For the purpose of making inspections, the Inspector is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming houses, rooming units and the premises associated therewith. The owner or occupant of every dwelling, dwelling unit, rooming house or rooming unit or the person in charge thereof shall give the Inspector free access to such dwelling and its premises at all reasonable times for the purpose of such inspection, examination and survey.
Every occupant of a dwelling, dwelling unit, rooming house or rooming unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling unit and its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this ordinance or with any lawful order issued pursuant to the provisions of this ordinance.

Section 7-78 Procedure for Enforcement

1) Preliminary Investigation; Notice; Hearing. Whenever a petition is filed with the Inspector by a Public Authority or by at least five (5) residents of the Town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation he shall, if his preliminary investigation disclosed a basis for such charges, issue and cause to be served upon the owner or any parties in interest in such dwelling or dwelling unit a compliant stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of the compliant. 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 top do so may attend such hearing and give evidence relevant thereto. Rules of evidence in courts of law or equity shall not be controlling in hearings before the Inspector. 2)

2) Procedure After Hearing. After notice and hearing, if the public officer determines that the dwelling under consideration is unfit for human habitation, he shall state in writing his findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order.

i) If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling requiring the owner, within the time specified, to repair, alter or improve the dwelling in order to render it fit for human habitation. A cost of 50% or less of the value of the dwelling shall be reasonable. 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 subdivision (4) of this section; or

ii) If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling requiring the owner, within the time specified in the order, to remove or demolish such dwelling. However, notwithstanding any other provision of law, if the dwelling is located in a historic district of the city and the Historic District Commission determines, after a public hearing as provided by ordinance, that the dwelling is 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. 160D-949.

3) That, 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; that the public officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: “ This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” Occupation if a building so posted shall constitute a Class 1 misdemeanor. The duties of the public officer set forth in this subdivision shall not be exercised until the governing board shall have by ordinance ordered the public officer to proceed to effectuate the purpose of this Article 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. This 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) That, if the owner dials to comply with an order to remove or demolish the dwelling, the Inspector may cause such dwelling to be removed or demolished. The duties of the public officer set forth in subdivisions (4) and (5) of G. S. 160D-1203 shall not be exercised until the governing body shall have by ordinance ordered the Inspector to proceed to effectuate the purpose of the Article with respect to the particular property or properties which the Inspector shall have found to be unfit for human habitation and which property require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into confirmatory with housing code. This ordinance shall be recorded in the office of the Register of Deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index.

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 subdivision (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 subdivision, then the governing board 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 local government 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 havee been made available to ease the persistent shortage of decent and affordable housing in this State, then in such circumstances, the governing board may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:

a) 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.

b) 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 current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.

c) This ordinance shall be recorded in the office of the register of deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this ordinance, the public officer shall effectuate the purpose of the ordinance.

Section 7-79 Methods of Service of Complaints and Orders

Complaints or orders issued by the Inspector 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 Inspector in the exercise of reasonable diligence, the Inspector shall make an affidavit to that effect, and the serving of such complaint or order upon such person may be made by publishing the same 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 Town. Where service is made by publication, a notice of the pending proceeding shall be posted in a conspicuous place on the premises affected by the compliant or order.

Section 7-80 In Rhem Action by Inspector; Placarding

After failure of an owner of a dwelling or dwelling unit to comply with an order of the Inspector issued pursuant to the provisions of this ordinance, and upon adoption by the Town Council of an ordinance authorizing and directing him to do so, as provided by G.S. 160D-1203(5) and Section 7-78(4) of this ordinance, the Inspector shall proceed to cause such dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this ordinance, or to be vacated and closed and removed or demolished, as directed by the ordinance of the Town Council and shall caused to be posted on the main entrance of such dwelling or dwelling unit a placard with the following words: “this building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” Occupation of a building so posted shall constitute a Class 1 misdemeanor.

Each ordinance shall be recorded in the office of the Register of Deeds in the county wherein the property is located, and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. 160D-1203(5).

Section 7-81 Costs, a Lien on Premises; Sale of personal property

That 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 North Carolina General Statues. If the dwelling is removed or demolished by the public officer, he shall sell the materials of 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 degree if the court. Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.

Section 7-82 Civil Action

If any occupant fails to comply with an order to vacate a dwelling, the public officer may file a civil action in the name of the city 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 compliant naming as parties-defendants any persons occupying such dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear before the magistrate at a certain time, date and place not to exceed 10 days from the issuance of the summons to answer the compliant. The summons and compliant shall be served as provided in G. S. 42-29. The summons shall be returned according to it tenor, and if on its return it appears to have been duly served, and if at the hearing the public officer produces a certified copy of an ordinance adopted by the governing body pursuant to subdivision (5) of G.S. 160D-1203 authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the promises be vacated and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G. S. 7A-228, and the execution of such judgment may be stayed as provided in G. S. 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding. That the governing body has ordered the public officer to proceed to exercise his duties under subdivisions (4) and (5) of G. S. 160D-1203 to vacate and close or remove and demolish the dwelling.

Section 7-83 Remedies

Appeals from Orders of Inspector. An appeal from any decision of the Inspector may be taken by any person aggrieved thereby. Any appeal from the Inspector shall be taken within 10 days from the rendering the decision or service of the order, and shall be taken filing with the Inspector and with the Zoning Board of Adjustment a notice of appeal, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Inspector 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 Inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When an appeal is from a decision of the Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Board, after the notice of appeals is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished to the appellant), a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except for due cause shown upon not less than one day’s written notice to the Inspector, by the Board, or by a court of record upon petition made pursuant to G.S. 160D-1208 and subsection (1) of this Section. The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all 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 partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers if the Inspector, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Inspector. 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. Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 30 days of the decision of the Board, but not otherwise.
Petition to Superior Court by Owner. Any person aggrieved by an order issued by the Inspector or a decision rendered by the Board shall have the right, within thirty (30) days after issuance of the ordering or rendering of the decision, to petition the superior court for a temporary injunction restraining the Inspector pending a final disposition of the cause, as provided by G. S. 160D-1208. Hearings shall be had by the court on a petition within twenty (20) days, and shall be given preferences over other matters on the court’s calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. It shall not be necessary to file bond in any amount before obtaining a temporary injunction under this subsection.
If any dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of this Part or any ordnance or code adopted under authority of this Part or any valid order or decision of the Inspector or Board made pursuant to any ordinance or code adopted under authority of this Part, the Inspector or Board may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or use to restrain, correct or abate the violation, to prevent the occupancy of the dwelling, or to prevent any illegal act, conduct or use in or about the premises of the dwelling.

Section 7-84 Alternative Remedies.

Neither this ordinance nor any of its provisions shall be construed to impair or limit in any way the power of the Town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this ordinance by criminal process as authorized by G.S. 14-4 and Section 7-86 of this ordinance, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.

Section 7-85 Zoning Board of Adjustments to Hear Appeals.

All appeals which may be taken from decisions or orders of the Inspector pursuant to Section 7-78(4) of this ordinance shall be heard and determined by the Zoning Board of Adjustments. As the appeals body, the Board shall have the power to fix the times and places of its meeting, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties. The Board shall perform the duties prescribed by Section 7-78(5) and shall keep an accurate journal of all of its proceedings.

If the Zoning Board of Adjustments consists of more than five members, the chairman shall designate five members to hear appeals under this ordinance.

Section 7-86 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 Town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the Town shall prevail.

Section 7-87 Violations; Penalty

It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon order of the Inspector duly made and served as herein provided, within the time specified in such order. Each day that any such failure, neglect, or refusal to comply with such order continues shall constitute a separate and distinct offense.
It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to Section 14 of this ordinance, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing. Each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.
The violation of any provision of this ordinance shall constitute a misdemeanor, as provided by G. S. 14-4.
In addition to the penalty established by subsection (3) above, and the remedies provided by other provisions of this ordinance, this ordinance may be enforced by an appropriate equitable remedy issued by a court of competent jurisdiction.

Section 7-88 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.

Section 7-89 Effective Date.

This ordinance shall be effective on April 8, 1996.

Amended 5/16/2021

Article VI. PROPERTY NUMBERING SYSTEM

Section 7-100 Numbering Map

The numbering map entitled the “House Numbering Plan” of the Town of Hertford and dated March 10, 1958, is hereby adopted as the official property numbering map of the Town of Hertford, North Carolina, and all property numbers assigned shall be assigned in accordance with this numbering map and no other property numbers shall be used or displayed in the Town of Hertford except numbers assigned in accordance with official numbering map. The property numbering map shall be kept on file in the office of the Town Clerk.

Section 7-101 Numbering System

On the property numbering map there shall be designated a North - South axis and an East West axis and all avenues, streets, or alleys running generally north and south shall be numbered from the East-West axis consecutively to the corporate limits or the extremity of such avenue, alley or streets. Avenue, streets or alleys running generally East and West shall be numbered from the North - South axis in the same manner. One hundred numbers shall be allowed to each block so that the number of each consecutive block shall commence with consecutive hundreds and one.

Section 7-102 Owners to Purchase Numbers

Every property owner of improved property shall purchase and display in a conspicuous place on said property the number assigned which shall be of a type approved by the Board of Commissioner.

Section 7-103 Numbers for Future Buildings

All residence and business building erected hereafter shall be assigned a number in accordance with the Street Numbering Plan map and shall purchase and display such number as provided in Section 7-102.

Section 7-104 Unlawful to Deface Number

It shall be unlawful for any person to alter, deface, or take down any number placed on any property in accordance with this ordinance, except for repair or replacement or such number.

Section 7-105 Unlawful to Display Incorrect Number

It shall be unlawful for any person to continue to display any number on any house or improvement on their property, which number displayed or shown thereon shall be in discord with the numbering as shown by the Numbering Map filed with the Town Clerk and adopted in Section 7-100.