Code Enforcement

CHAPTER 6 - BUILDINGS AND BUILDING REGULATIONS

Article II. ABANDONED STRUCTURES

Sec. 6-31. - Findings; intent.
It is found that there exists within the town abandoned structures which the town council finds to be hazardous to the health, safety and welfare of the residents of the town due to the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities. Therefore, pursuant to the authority granted by state law, it is the intent of this article to provide for the repair, closing or demolition of any such abandoned structures in accordance with the same provisions and procedures as are set forth by law for the repair, closing or demolition of dwellings unfit for human habitation.

(Code 1987, § 4-31; Code 2002, § 6-36)

Sec. 6-32. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Deteriorated means 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 article, at a cost not in excess of 50 percent of the value, as determined by finding of the town manager.

Dilapidated means that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this article, at a cost not in excess of 50 percent of its value, as determined by finding of the town manager.

(Code 1987, § 4-40; Code 2002, § 6-37)

Sec. 6-33. - Duties of enforcement officer.
The town manager or his designated agent shall enforce the provisions of this article. It shall be the duty of the town manager to do the following:

(1)Locate abandoned structures within the town and determine which structures are in violation of this article;(2)Take such action pursuant to this article as may be necessary to provide for the repair, closing or demolition of such structures;(3)Keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this article; and(4)Perform such other duties as may be prescribed in this article or assigned to him by the town council.

(Code 1987, § 4-32; Code 2002, § 6-38)

Sec. 6-34. - Powers of town manager.
The town manager is authorized to exercise such powers as may be necessary to carry out the intent and the provisions of this article, including the following powers in addition to others granted in this article:

(1)To investigate the condition of buildings within the town in order to determine which structures are abandoned and in violation of this article;(2)To enter upon premises for the purpose of making inspections;(3)To administer oaths and affirmations, examine witnesses and receive evidence; and(4)To designate such other officers, agents and employees of the town as he deems necessary to carry out the provisions of this article.

(Code 1987, § 4-33; Code 2002, § 6-39)

Sec. 6-35. - Enforcement standards.
(a)Every abandoned structure within the town shall be deemed in violation of this article whenever such structure constitutes a hazard to the health, safety or welfare of the town citizens as a result of the following:(1)The attraction of insects or rodents;(2)Conditions creating a fire hazard;(3)Dangerous conditions constituting a threat to children; or(4)Frequent use by vagrants as living quarters in the absence of sanitary facilities.(b)In making the preliminary determination of whether or not an abandoned structure is in violation of this article, the town manager may, by way of illustration and not limitation, consider the presence or absence of the following conditions:(1)Holes or cracks in the structure's floor, walls, ceilings or roof which might attract or admit rodents and insects, or become breeding places for rodents and insects;(2)The collection of garbage or rubbish in or near the structure which might attract rodents and insects, or become breeding places for rodents and insects;(3)Violations of the state building code, the state electrical code, or the fire prevention code which constitutes a fire hazard in such structure;(4)The collection of garbage, rubbish or combustible material which constitutes a fire hazard in such structure;(5)The use of such structure or nearby grounds or facilities by children as a play area;(6)Violation of the state building code which might result in danger to children using the structure or nearby grounds or facilities as a play area; or(7)Repeated use of such structure by transients and vagrants, in the absence of sanitary facilities, for living, sleeping, cooking or eating.

(Code 1987, § 4-34; Code 2002, § 6-40)

Sec. 6-36. - Enforcement procedure.
(a)Preliminary investigation; notice; hearing. Whenever a petition is filed with the town manager by at least five residents of the town charging that any structure exists in violation of this article or whenever it appears to the town manager, upon inspection, that any structure exists in violation of this article, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such structure a complaint stating the charges and containing a notice that a hearing will be held before the town manager at a place 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 structure. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the town manager.(b)Procedure after hearing. After such notice and hearing, the town manager shall state in writing his determination whether such structure violates this article. If the town manager determines that the dwelling is in violation, he shall state in writing his findings of facts to support such determination and shall issue and cause to be served upon the owner an order directing or requiring the owner to either repair, alter and improve such structure or else remove or demolish the structure within a specified period of time not to exceed 90 days.(c)Failure to comply with order.(1)In personam remedy. If the owner of any structure shall fail to comply with an order of the town manager within the time specified, the manager may submit to the town council at its next regular meeting a resolution directing the town attorney to petition the superior court for an order directing such owner to comply with the order of the manager, as authorized by G.S. 160A-446(g).(2)In rem remedy. After failure of an owner of a structure to comply with an order of the manager within the time specified in the order, if injunctive relief has not been sought or has not been granted as provided in subsection (c)(1) of this section, the town manager shall submit to the town council an ordinance ordering the town manager to cause such structure to be removed or demolished, as provided in the original order of the manager, and pending such removal or demolition, to placard such dwelling as provided by G.S. 160A-443.(d)Petition to superior court by owner. Any person aggrieved by an order issued by the town manager shall have the right, within 30 days after issuance of the order, to petition the superior court for a temporary injunction restraining the manager pending a final disposition of the cause, as provided by G.S. 160A-446(f).

(Code 1987, § 4-35; Code 2002, § 6-41)

Sec. 6-37. - Methods of service of complaints and orders.
Complaints or orders issued by the town manager shall be served upon persons either personally or by registered or certified mail; but if the whereabouts of such person are unknown and cannot be ascertained by the manager in the exercise of reasonable diligence, the manager shall make an affidavit to that effect, and the serving of such complaint or order upon such person may be made by publication in a newspaper having general circulation in the town at least once, no later than the time at which personal service is required under section 6-36. 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.

(Code 1987, § 4-36; Code 2002, § 6-42)

Sec. 6-38. - In rem action by the town manager; placarding.
(a)After failure of an owner of a structure to comply with an order of the town manager issued pursuant to the provisions of this article, and upon adoption by the town council of an ordinance authorizing and directing him to do so, as provided by section 6-36(c), the town manager shall proceed to cause such structure either to be repaired or else removed or demolished, as directed by ordinance of the town council, and shall cause to be posted on the main entrance of such structure a placard prohibiting the use or occupation of the structure. Use or occupation of a building so posted shall constitute a misdemeanor.(b)Each such ordinance shall be recorded in the office of the county register of deeds and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. 160A-443(5).

(Code 1987, § 4-37; Code 2002, § 6-43)

Sec. 6-39. - Costs of lien on premises.
As provided by state law, the amount of the cost of any removal or demolition caused to be made or done by the manager, pursuant to this article, shall be a lien against the real property upon which such cost was incurred. Such lien shall be filed, have the same priority, and be enforced and the costs collected as provided by state law. If the dwelling is removed or demolished by the town manager, he shall 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 town manager, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled to such balance by final order or decree of the court. Nothing in this section shall be construed to impair or limit, in any way, the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.

(Code 1987, § 4-38; Code 2002, § 6-44)

Sec. 6-40. - Alternative remedies.
Neither this article nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this article by criminal process, and the enforcement of any remedy provided in this article or in other ordinances or laws.

(Code 1987, § 4-39; Code 2002, § 6-45)

CHAPTER 6 - BUILDINGS AND BUILDING REGULATIONS

ARTICLE III. - MINIMUM HOUSING STANDARDS

Sec. 6-69. - Finding; purpose.
(a)Pursuant to G.S. 160D-1201, it is 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 conditions rendering such dwellings unsafe or unsanitary, dangerous and detrimental to the health, safety and morals; and other inimical to the welfare of the residents of the town.(b)In order to protect the health, safety and welfare of the residents of the town as authorized by G.S. 160D-1201 et seq., it is the purpose of this article 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-1201.

(Code 2002, § 6-81; Ord. of 6-12-1993(1), § 1)

Sec. 6-70. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Basement means 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 means 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 means 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 article at a cost not in excess of 50 percent of its value, as determined by finding of the inspector.

Dilapidated means that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this article except at a cost in excess of 50 percent of its value, as determined by finding of the inspector.

Dwelling means any building, structure, or part of a building or structure which is wholly or partly used or intended to be used for living, sleeping or habitation by human occupants, and includes any outhouse and appurtenances belonging to or usually enjoyed with a building or structure. Temporary housing shall not be regarded as a dwelling. The term "dwelling" includes within its meaning the terms roominghouse and rooming unit.

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

Extermination means 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 means the organic waste resulting from the handling, preparation, cooking and consumption of food.

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

Housing administrator means the planning director of the town or any other person duly designated by the town council.

Infestation means 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 means the person providing building inspections for the town.

Multiple dwelling means any dwelling containing more than two dwelling units.

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

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

Owner means any person who alone, jointly or severally with others shall:

(1)Have title to any dwelling, dwelling unit or rooming unit, with or without accompanying actual possession;(2)Be a mortgagee of record for any dwelling, dwelling unit or rooming unit; or(3)Have charge, care or control of any dwelling, dwelling unit or rooming unit, as owner or agent of the actual owner, or as executor, administrator, 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 article and of rules and regulations adopted pursuant to this article to the same extent as if he were the owner.
Party in interest means all persons who have interest of record in and any persons who are in possession of a dwelling, dwelling unit or rooming unit.

Plumbing means and includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), sewage disposal, pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catchbasins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

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

Roominghouse means 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 or wife, son or daughter, mother or father, or brother of the owner or operator.

Rubbish means nonorganic waste materials. The term "rubbish" includes paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass and dust.

Supplied means paid for, furnished, or provided by or under the control of the owner or operator.

Temporary housing means 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 means that conditions exist in a dwelling, dwelling unit, roominghouse 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 article.

(Code 2002, § 6-82; Ord. of 6-12-1993(1), § 2; Ord. of 6-12-1993(2), § 2)

Sec. 6-71. - Minimum standards—Fitness for dwellings and dwelling units.
(a)Every dwelling and dwelling unit used as 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 requirement of sections 6-84 through 6-89.(b)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 6-72 through 6-77.

(Code 2002, § 6-83; Ord. of 6-12-1993(1), § 3)

Sec. 6-72. - Minimum standards—Structural condition.
The following standards shall constitute the minimum standards for structural condition of a dwelling or dwelling unit:

(1)Supporting and non-supporting members shall not show damage or deterioration which render the building unsafe.(2)Floors or roofs shall have adequate supporting members and strength to be safe for the purpose used.(3)Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged to the point of rendering the building unsafe.(4)Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse.(5)Adequate facilities for egress in case of fire or panic shall be provided.(6)The structure shall not be in a state of dilapidation, decay or disrepair nor shall it have unsanitary conditions which are dangerous to the health, safety or welfare of the occupants or the public.(7)The structure shall not be damaged by fire, wind or other causes rendering the structure unsafe.

(Code 2002, § 6-84; Ord. of 6-12-1993(1), § 4)

Sec. 6-73. - Minimum standards—Basic plumbing, heating and electrical equipment and facilities.
(a)Plumbing.(1)Each dwelling unit shall be connected to a potable water supply and to public sewer or other approved sewage disposal system.(2)Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.(3)All plumbing fixtures shall be maintained in a state of good repair and in good working order.(b)Heating system. Every dwelling and dwelling unit shall have facilities for providing heat and shall be maintained in a safe workable condition.(c)Electrical system.(1)Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles.(2)Every public hall and stairway in every multiple dwelling shall be provided with access to electric lights.(3)All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair and safe.(4)All electric services shall be of adequate size appropriate to the electric load demand and properly fused.

(Code 2002, § 6-85; Ord. of 6-12-1993(1), § 5)

Sec. 6-74. - Minimum standards—Ventilation generally.
Every dwelling shall have adequate ventilation and light to such extent as to not endanger the health, safety or general welfare of the occupants or the public.

(Code 2002, § 6-86; Ord. of 6-12-1993(1), § 6)

Sec. 6-75. - Minimum standards—Space, use, and location.
(a)Cellar. No cellar shall be used for living purposes.(b)Basement. No basement shall be used for living purposes unless the floor and walls are substantially watertight.

(Code 2002, § 6-87; Ord. of 6-12-1993(1), § 7)

Sec. 6-76. - Minimum standards—Safe and sanitary maintenance.
(a)Exterior foundation, walls and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weathertight and rodentproof; 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.(b)Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodentproof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon.(c)Windows and doors. Every window, exterior door, basement or cellar door and hatchway shall be substantially weathertight, watertight and rodentproof.(d)Stairs, porches and appurtenances. Every outside and inside stair, porch and any appurtenances 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.(e)Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so that it will permit such floor to be easily kept in a clean and sanitary condition.

(Code 2002, § 6-88; Ord. of 6-12-1993(1), § 8)

Sec. 6-77. - Minimum standards—Control of insects, rodents and infestation.
(a)Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodentproof 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.(b)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.

(Code 2002, § 6-89; Ord. of 6-12-1993(1), § 9)

Sec. 6-78. - Minimum standards applicable to roominghouses; exceptions.
All of the provisions of this article and all of the minimum standards and requirements of this article shall be applicable to roominghouses and to every person who operates a roominghouse or who occupies or lets to another for occupancy and any rooming unit in any roominghouse, except as provided in the following subsections:

(1)Water closet, hand lavatory and bath facilities. At least one water closet, lavatory basin and bathtub or shower, properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four rooms within a roominghouse 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 passageway and shall be not more than one 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.(2)Sanitary conditions. The operator of every roominghouse shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for the sanitary maintenance of every other part of the roominghouse. He shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the roominghouse is contained is leased or occupied by the operator.(3)Sanitary facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by subsection (1) of this section shall be located within the roominghouse and within rooms which afford privacy, are separate from the habitable rooms, are accessible from a common hall, and are accessible without going outside the roominghouse or through any other room in the roominghouse.

(Code 2002, § 6-90; Ord. of 6-12-1993(1), § 10)

Sec. 6-79. - Responsibilities for owners and occupants.
(a)Public areas. 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.(b)Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises which he occupies and controls.(c)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.(d)Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation.(e)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.

(Code 2002, § 6-91; Ord. of 6-12-1993(1), § 11)

Sec. 6-80. - Powers and duties of housing administrator.
The housing administrator is designated as the officer to enforce the provisions of this article and to exercise the duties and powers prescribed in this article. The building inspector at the request of the housing administrator is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this article. The housing administrator shall have the powers and duties to do as follows:

(1)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 article with respect to the repair, closing or demolition of such dwellings and dwelling units;(2)Take such action, together with other appropriate departments and agencies, public and private, as may be necessary to affect rehabilitation of housing which is deteriorated;(3)Keep a record of the results of inspections made under this article and an inventory of those dwellings that do not meet the minimum standards of fitness prescribed in this article;(4)Administer oaths and affirmations, examine witnesses and receive evidence;(5)Enter upon premises for the purpose of making examinations and inspections; provided such entries shall be made in accordance with section 6-81 and state law, and shall be made in such manner as will cause the least possible inconvenience to the persons in possession;(6)Appoint and fix the duties of such officers, agents and employees as he deems necessary to assist in carrying out the purposes of this article, and to delegate any of his functions and powers to such officers, agents and employees; and(7)Perform such other duties as may be prescribed in this article or by the town council.

(Code 2002, § 6-92; Ord. of 6-12-1993(1), § 12)

Sec. 6-81. - Inspections; duty of owners and occupants.
(a)For the purpose of making inspections, the building inspector, upon the request of the housing administrator, is authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, roominghouses, rooming units and associated premises. The owner or occupant or the person in charge of every dwelling, dwelling unit, roominghouse or rooming unit 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.(b)Every occupant of a dwelling, dwelling unit, roominghouse or rooming unit shall give the owner, his agent or employee access to any part of such dwelling or dwelling unit and its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to affect compliance with the provisions of this article or with any lawful order issued pursuant to the provision of this article.

(Code 2002, § 6-93; Ord. of 6-12-1993(1), § 13)

Sec. 6-82. - Procedure for enforcement.
(a)Preliminary investigation; notice; hearing. Whenever a petition is filed with the housing administrator by a public authority, or by at least five residents of the town, charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the housing administrator at a place 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 in courts of law or equity, but such shall not be controlling in hearings before the housing administrator.(b)Procedure after hearing.(1)After such notice and hearing, the housing administrator shall state in writing his determination whether the dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.(2)If the inspector determines that the dwelling or dwelling unit is deteriorated, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner an order directing and requiring the owner to repair, alter or improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this article within a specified period of time, not to exceed 90 days. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations and improvements have been made.(c)Failure to comply with order.(1)In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the housing administrator to repair, alter or improve or to vacate and close the dwelling or dwelling unit within the time specified or if the owner of a dilapidated dwelling or dwelling unit shall fail to comply with an order of the housing administrator to repair, alter or improve or to vacate and close and remove or demolish the dwelling or dwelling unit within the time specified, the housing administrator shall submit to the town council at its next regular meeting a resolution directing the town attorney to petition the superior court for an order directing such owner to comply with the order of the housing administrator.(2)In rem remedy. After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to comply with an order of the housing administrator within the time specified, if injunctive relief has not been sought or has not been granted as provided in subsection (c)(1) of this section, the housing administrator shall submit to the town council an ordinance ordering the housing administrator to cause such dwelling or dwelling unit to be repaired, altered, improved, vacated, closed, removed or demolished, as provided in the original order of the housing administrator, and pending removal or demolition, to place a placard on such dwelling as provided by section 6-84.(d)Appeals from orders of housing administrator.(1)An appeal from any decision or order of the housing administrator may be taken by any aggrieved person. Any appeal from the housing administrator shall be taken within ten days from the rendering of the decision or service of the order and shall be taken by filing with the housing administrator, 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 housing administrator 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 housing administrator refusing to allow the person aggrieved to do any act, his decision shall remain in force until modified or reversed. When an appeal is from a decision of the housing administrator 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 housing administrator certifies to the board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant) a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except or due cause shown upon not less than one day's written notice to the housing administrator, by the board, or by a court of record upon petition made pursuant subsection (e) of this section.(2)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 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 shall have all the powers of the housing administrator; but the concurring vote of four members of the board shall be necessary to reverse or modify any decision or order of the housing administrator. 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 this article, to adapt the application of this article to the necessities of the case to the end that the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done.(3)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)Petition to superior court by owner. Any person aggrieved by an order issued by the housing administrator, or a decision rendered by the board shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the inspector pending a final disposition of the cause.

(Code 2002, § 6-94; Ord. of 6-12-1993(1), § 14)

Sec. 6-83. - Methods of service of complaints and orders.
(a)Complaints or orders issued by the housing administrator shall be served upon persons either personally or by certified mail. When service is made by certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the certified mail is unclaimed or refused but the regular mail is not returned by the post office within ten days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.(b)If the whereabouts of such persons are unknown and cannot be ascertained by the housing administrator in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by certified mail, the housing administrator shall make an affidavit to that effect and the serving of such complaint or order upon such person may be made by publishing the complaint or order at least once no later than the time at which personal service would be required under the provisions of this article in a newspaper having general circulation in the town. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.

(Code 2002, § 6-95; Ord. of 6-12-1993(1), § 15)

Sec. 6-84. - Action by housing administrator; placarding.
After failure of an owner of a dwelling or dwelling unit to comply with an order of the housing administrator issued pursuant to the provisions of this article and upon adoption by the town council of an ordinance authorizing and directing him to do so, as provided by section 6-82, the housing administrator 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 article, or to be vacated and closed and removed or demolished, as directed by ordinance of the town council, and shall cause to be posted on the main entrance of such dwelling or dwelling unit a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." Occupation of a building so posted shall constitute a misdemeanor. Each ordinance shall be recorded in the office of the register of deeds in the county and shall be indexed in the name of the property owner in the grantor index.

(Code 2002, § 6-96; Ord. of 6-12-1993(1), § 16)

Sec. 6-85. - Costs a lien on premises.
As provided by G.S. 160D-1203(7), the cost of any repairs, alterations or improvements, or of vacating and closing, or removal or demolition, caused to be made or done by the housing administrator pursuant to section 6-84 shall be a lien against the real property upon which such cost was incurred. Such lien shall be filed having priority and be collected in the same manner as the lien for special assessments established by G.S. ch. 160A, art. 10 (G.S. 160A-216 et seq.).

(Code 2002, § 6-97; Ord. of 6-12-1993(1), § 17)

Sec. 6-86. - Alternative remedies.
Neither this article nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise equal to, or to enforce this article by criminal process as authorized by G.S. 14-4 and section 6-88; and the enforcement of any remedy provided in this article shall not prevent the enforcement of any other remedy provided in this article or in other ordinances or laws.

(Code 2002, § 6-98; Ord. of 6-12-1993(1), § 18)

Sec. 6-87. - Zoning board of adjustment to hear appeals.
(a)All appeals which may be taken from decisions or orders of the housing administrator pursuant to section 6-82 shall be heard and determined by the zoning board of adjustment. As the appeals body, the board shall have the power to fix the times and places of its meetings and 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 6-82 and shall keep an accurate journal of all its proceedings.(b)If the zoning board of adjustment consists of more than five members, the chairperson shall designate five members to hear appeals under this section.

(Code 2002, § 6-99; Ord. of 6-12-1993(1), § 19)

Sec. 6-88. - Conflict with other provisions.
If any provision, standard or requirement of this article is found to be in conflict with any provision of any other ordinance or code of the town, the provision which established 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.

(Code 2002, § 6-100; Ord. of 6-12-1993(1), § 20)

Sec. 6-89. - Violations; penalty.
(a)It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve the dwelling or dwelling unit, or to vacate and close and remove or demolish the dwelling or dwelling unit, upon order of the housing administrator duly made and served as provided in this article, 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.(b)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 6-82, to occupy or permit the occupancy of the dwelling or dwelling unit 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.(c)The violation of any provision of this article shall constitute a misdemeanor, as provided by G.S. 14-4.(d)In addition to the penalty established by subsection (c) of this section and the remedies provided by other provisions of this article, this article may be enforced by an appropriate equitable remedy issued by a court of competent jurisdiction.

(Code 2002, § 6-101; Ord. of 6-12-1993(1), § 21)

Sec. 6-90. - Minimum housing code in-house procedures.
(a)The housing administrator enforces the provisions of the minimum housing code. The basic procedure is as follows:(1)The housing administrator investigates and makes a preliminary determination that a dwelling is unfit for human habitation and is in either a deteriorated or dilapidated condition.(2)A title search is done to ascertain ownership of the property and whether there are any parties, associations and corporations who have an interest of record in the property.(3)The housing administrator issues a complaint stating the charges and containing a notice that a hearing will be held before him at a certain time and location not less than ten days nor more than 30 days after service of the complaint.(4)The complaint is to be served upon the owner, any parties in interest, and any who are in possession of the premises. The complaint is to be served either personally or by registered or certified mail. If the whereabouts of the owner is unknown and cannot be ascertained with reasonable diligence, service may be made by publication. When service is by publication, a notice of the pending proceeding shall be posted in a conspicuous place on the dwelling. A copy of the complaint is also filed in the office of the clerk of superior court as a notice of lis pendens in order to give notice to anyone who searches the title that an action is pending concerning the dwelling located on this property.(5)If, after the hearing, the housing administrator determines that the dwelling under consideration is unfit for human habitation, he shall state, in writing, his findings of fact and issue an order. The order requires either the repair of a deteriorated dwelling or the demolition and removal of a dilapidated dwelling within a certain period of time (normally 60 days, a maximum of 90 days).(6)The order is served upon the owner in the same manner as the complaint. However, it is not necessary to serve the order upon any parties in interest.(7)An appeal from any decision of the housing administrator may be filed within ten days of the decision to the housing board of appeals (zoning board of adjustment).(8)If the owner fails to comply with the order, the town has the following two options for remedy:a.An ordinance describing the property is adopted by the town council, whereby town forces are ordered to either repair the structure or demolish and remove the structure. At this time, a placard shall be posted on the main entrance of the dwelling unit 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." The ordinance is recorded in the office of the register of deeds and indexed in the name of the property owner in the grantor index.b.The housing administrator submits a resolution directing the town attorney to petition the superior court directing the owner to comply with the order.(9)There is a provision that the materials from a demolished dwelling be sold, and any amount received is credited against the cost of the removal or demolition. Any balance remaining is deposited with the clerk of the superior court. In most cases, however, the materials cannot be sold because they are in such poor condition.(10)Once the repair work or demolition work has been completed, the costs are submitted to the town council, and a second ordinance is adopted whereby a lien is established on the property in the amount of the cost of any removal or demolition and removal of the debris. A copy of the ordinance is sent to the tax collector so that the amount might be added as a lien on the property.(b)At any point during these procedures, if the owner repairs the dwelling in order to meet minimum building code requirements, the housing administrator writes a letter to the attorney stating that the dwelling is in compliance, and the attorney cancels the lis pendens at the clerk's office.

(Code 2002, § 6-102; Ord. of 6-12-1993(2))

CHAPTER 6 - BUILDINGS AND BUILDING REGULATIONS

ARTICLE IV. - COMMERCIAL PROPERTY MAINTENANCE AND SAFETY

Sec. 6-109. - Purpose.
In order to protect the health, safety, and welfare of the town and its citizens, this Code to established minimum standards of maintenance, sanitation, and safety relating to nonresidential buildings or structures, as expressly authorized by G.S. 160D-1129. This Code provides for the repair, closing, or demolition of nonresidential buildings or structures as a result of a public necessity caused by conditions that are dangerous to the public health, safety, and welfare. It is the further purpose of this Code to preserve the character and integrity of the community and to promote the comfort, happiness, and safety of community residents.

(Ord. No. 2020-03, § 1(6-101), 11-3-2020)

Sec. 6-110. - General definitions and interpretations.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board of adjustment (BOA) means the state board of adjustment.

Building means and includes the term "structure."

Lot means and includes the terms "plot" and/or "parcel."

Number. Words used in the singular include the plural, and words used in the plural include the singular.

Person includes a firm, association, organization, partnership, trust, company, corporation, and/or individual.

Shall, will. The words "shall" and "will" always indicate mandatory.

Should, may. The words "should" and "may" always indicate optional.

Tense. Words used in the present tense include the future tense.

Town council means the town council of the Town of Nashville, NC.

Use means and includes the terms "arranged," "designed," and/or "intended" for a use, activity, and/or purpose.

Zoning map means the official zoning map of the town.

(Ord. No. 2020-03, § 1(6-102), 11-3-2020)

Sec. 6-111. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Basic structural elements mean the parts of a building which provide the principal strength, stability, integrity, shape, and safety of the building, including, but not limited to, plates, studs, joists, rafters, stringers, stairs, sub-flooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry, and all other essential components.

Building means any structure, place, or any other construction built for the shelter or enclosure of persons, animals, chattels, or property of any kind or any part of such structure, shelter, or property.

Code enforcement official means a code enforcement coordinator or officer of the town or any agent of the code enforcement official who is authorized by the code enforcement official to enforce the provisions of this Code.

Commercial business means any business or enterprise which produces and/or offers for sale products and/or services which, in any manner, conducts commerce within the town limits.

Deterioration means the condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, rusting, peeled or peeling paint, or other evidence of physical decay or loss of structural integrity.

Mixed occupancy means any building that is used for two or more occupancies classified by different occupancy use groups.

Nonresidential means any building or structure or portion of a building or structure occupied or intended to be occupied, in whole or in part, for a use other than a dwelling, home, residing, place, living space, or sleeping space for one or more human beings, either permanently or transiently.

Nuisance means:

(1)Any public nuisance known as common law or in equity jurisprudence, or as provided by the state, or the ordinances of the town;(2)Any condition including an attractive nuisance which may prove detrimental to human health or safety whether in a building, on the premises of a building, or part of a building or upon an occupied lot;(3)Physical conditions dangerous to human life or detrimental to health of persons in, on, or near the premises where the condition exists;(4)Unsanitary conditions or conditions that are dangerous to public health, well-being, or the general welfare; or(5)Fire hazards or other safety hazards.
Occupant means any person who is a tenant or has actual possession of a nonresidential building or structure or part thereof.

Operator means any person who has charge, care, or control of premises or a part thereof, whether with or without the knowledge and consent of the owner, or any person, individually or jointly, entitled to possession regardless of whether the premises are actually occupied or not.

Owner means any person who alone, or jointly, or severally with others:

(1)Shall have title to any nonresidential building or structure, with or without accompanying actual possession thereof; or(2)Shall have charge, care, or control of any nonresidential building or structure as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Code and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
Parties in interest means all individuals, associations, and corporations that have interests of record in a building or any that are in possession thereof; or shall have charge, care, or control of any building, as owner or agent of the owner, operator, or as executor, executrix, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Code, and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

Physical valuation means the estimated cost to replace the building in kind.

Premises means any lot or parcel of land inclusive of any building, structures, or improvements, located thereon, under control by the same owner or operator.

Safe means a condition which is not likely to do harm to humans or to real or personal property.

Story means that portion of a building between the surface of any interior floor and the ceiling next above. A basement is considered a story only when its ceiling is over six feet above the average level of the finished ground surface adjacent to the exterior walls of the front entrance and/or side street entrance of the building.

Structurally sound means substantially free from flaw, defect, decay or deterioration to the extent that the building or structure or structural member is capable of adequately or safely accomplishing the purpose for which it was intended or designed.

Structure means anything constructed or placed upon a property which is supported by the ground, or which is supported by any other structure, except a currently operable licensed vehicle.

Structure, abandoned, means any structure, whether designed and intended for nonresidential or other uses, which is vacant or not in active use, regardless of purpose or reason, for the past two-year period and which is determined by the code enforcement official to be unfit for occupancy based upon the standards as set forth in this Code.

Unsafe means a condition which is reasonably likely to do harm to humans or to real or personal property if not corrected or stopped.

Vacant industrial warehouse means any building or structure designed for the storage of goods or equipment in connection with manufacturing processes, which has not been used for that purpose for at least one year and has not been converted to another use.

Vacant manufacturing facility means any building or structure previously used for the lawful production or manufacturing of goods, which has not been used for that purpose for at least one year and has not been converted to another use.

(Ord. No. 2020-03, § 1(6-103), 11-3-2020)

Sec. 6-112. - Applicability and compliance.
(a)The provisions of this Code shall apply to all nonresidential buildings or structures which are now in existence, or which may be built within the corporate limits of the town.(b)Every nonresidential building or structure and the premises on which it is situated shall comply with the provisions of this Code, whether or not such building or structure shall have been constructed, altered, or repaired before or after the enactment of this Code, and irrespective of any permits or licenses which have been issued for the use or occupancy of the building or structure or for the installment or repair of equipment or facilities. This Code establishes minimum standards for all nonresidential buildings and structures and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building or structure, equipment or facilities contained therein. Where there is mixed occupancy, any nonresidential use therein shall be nevertheless regulated by and subject to the provisions of this Code.

(Ord. No. 2020-03, § 1(6-104), 11-3-2020)

Sec. 6-113. - Duty to comply.
It shall be the duty of each and every owner, operator, or other party in interest of a commercial building or premises within the town to comply with the regulations and requirements set forth in this Code. No license, permit, or certification of occupancy shall be issued unless and until all applicable sections of this Code have been complied with; provided, however, such permits or licenses may be issued if and only if such permits or licenses are necessary to bring the commercial building or premises into compliance with this Code. No land or building or combination thereof, shall be used in a manner inconsistent with or in conflict with the requirements of this Code.

(Ord. No. 2020-03, § 1(6-105), 11-3-2020)

Sec. 6-114. - Maintenance standards for nonresidential buildings and structures.
All nonresidential buildings and structures shall be free of all conditions that are dangerous and injurious to the public health, safety, and welfare of occupants or members of the general public. Without limitation of the foregoing requirement, the existence of any of the following conditions shall be deemed to be dangerous to the public health, safety, and welfare for which a public necessity exists for the repair, closing, or demolition of such building or structure and must be corrected in accordance with the provisions of this Code:

(1)Interior walls, vertical studs, partitions, supporting members, sills, joists, rafters, or other basic structural members that list, lean, or buckle to such an extent as to render the building unsafe, and that are rotted, deteriorated, or damaged, and that have holes or cracks which might admit rodents.(2)Exterior walls that are not structurally sound, have defects and damages, and are incapable of bearing imposed loads safely. Where a wall of a building has become exposed as a result of demolition of adjacent buildings, such wall must have all doors, windows, vents, or other similar openings closed with material of the type comprising the wall. The exposed wall shall be painted, stuccoed, or bricked and sufficiently weatherproofed to prevent deterioration of the wall.(3)Floors or roofs which have improperly distributed loads, which are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used. Roofs shall be kept structurally sound and shall be maintained in such a manner so as to prevent rain or other objects from penetrating into the interior of the building.(4)Such damage by fire, wind, or other causes as to render the building unsafe.(5)Dilapidation, decay, unsanitary conditions, or disrepair, which is dangerous to the health, safety, or general welfare of the occupants or members of the general public.(6)Lack of adequate ventilation, light, heating, or sanitary facilities to such extent as to endanger the health, safety, or general welfare of the occupants or members of the general public.(7)Buildings and structures including their environs that have accumulations of garbage, trash, or rubbish, which creates health and sanitation problems. All garbage and solid waste shall be in approved containers or stored in a safe and sanitary manner.(8)Buildings and structures that have loose and insufficiently anchored overhanging objects, which constitute a danger of falling on persons or property.(9)Buildings and structures including their environs that have insufficiently protected holes, excavations, breaks, projections, obstructions, and other such dangerous impediments on and around walks, driveways, parking lots, alleyways, and other areas which are accessible to and generally used by persons on or around the premises.(10)Buildings and structures that have cracked or broken glass, loose shingles, loose wood, crumbling stone or brick, lose or broken plastic, or other dangerous objects or similar hazardous conditions. Exterior surfaces shall be maintained in such material or treated in such a manner as to prevent deterioration and repaired or replaced with like or similar material according to its original use.(11)Buildings and structures that have objects and elements protruding from building walls or roofs, which are unsafe or not properly secured or which can create a hazard such as abandoned electrical boxes and conduits, wires, sign brackets and other brackets, and similar objects.(12)Chimneys, flues, and vent attachments thereto which are not structurally sound. Chimneys, flues, gas vents, or other draft-producing equipment which are in use shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight, and capable of withstanding the action of flue gases.(13)Exterior porches, landings, balconies, stairs, or fire escapes which are not structurally sound. All exterior porches, landings, balconies, stairs, and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept sound, in good repair, and free of defects.(14)Cornices which are not structurally sound. Rotten or weakened portions shall be repaired and/or replaced. All exposed wood shall be treated or painted.(15)Improperly attached gutters or down-spouts that are located so as to cause a hazard to pedestrian, vehicular traffic, or adjacent property.(16)Advertising sign structures, attached or freestanding awnings, marquees and their supporting members, and other similar attachments and structures that cause a safety hazard to the occupants or members of the general public.(17)All exterior surfaces that may cause unsafe conditions due to a lack of maintenance. Exterior surfaces shall be painted or sealed in order to protect the underlying surface from deterioration. All exterior surfaces that have been painted shall be maintained generally free of peeling and flaking. Where 50 percent or more of the aggregate of any painted surface shall have peeling or flaking or previous paint worn away, the entire surface shall be repainted in order to prevent further deterioration.(18)Windows containing broken or cracked glass that could be in danger of falling or shattering. All windows must be tight-fitting and have sashes of proper size and design and free from rotten wood, broken joints, or broken or loose mullions.(19)All openings originally designed as windows, doors, loading docks, or other means of egress or ingress which have been temporarily closed by boarding or other manner in a non-secure manner so as to allow unauthorized admittance. If an opening is temporarily closed by boarding to secure the building or structure, the boarding shall be trim fit, sealed to prevent water intrusion, and painted or stained to properly conform with the other exterior portions of the building and the building or structure shall be maintained in a state that secures the building or structure from any unauthorized admittance from humans, animals, or birds.(20)Any combination of conditions which in the judgment of the code enforcement official renders any building or structure dangerous or injurious to the health, safety, or general welfare of occupants or members of the general public.

(Ord. No. 2020-03, § 1(6-106), 11-3-2020)

Sec. 6-115. - Demolition of nonresidential buildings.
Where a building is under the jurisdiction of this Code, the building may be demolished by the owner, provided that the following requirements are met:

(1)Obtain a certificate of demolition from the planning department;(2)Obtain an asbestos inspection from a licensed asbestos services company;(3)Remove and properly dispose of all asbestos containing materials (ACMs) by a licensed asbestos removal company;(4)Properly close off and disconnect all sewer, gas, water and similar taps or connections;(5)Grade the lot to a smooth, even, finished grade, free from building material, debris, holes, and/or depressions. Where building debris remains on the site below street level, the owner must back fill the lot with no less than 12 inches of clean fill which shall be graded to a smooth, even finished grade over any remaining debris;(6)Where walls of adjacent buildings become exposed as a result of the demolition, said walls must have all doors, windows, vents or other similar openings closed with material of the type comprising the wall. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stuccoed, or bricked by such building's owner so as not to detract from the aesthetics and value for the adjacent property and weatherproofed, if necessary, to prevent deterioration of the wall;(7)Evidence (e.g., copies of trip or weight tickets or receipts) must be submitted to the code enforcement official showing that all demolition debris has been deposited in a regulated landfill equipped to handle demolition or construction debris.

(Ord. No. 2020-03, § 1(6-107), 11-3-2020)

Sec. 6-116. - Duties of code enforcement official.
The code enforcement official is hereby designated as the public officer to enforce the provisions of this Code and to exercise the duties and powers herein prescribed. It shall be the duty of the code enforcement official:

(1)To investigate the conditions of nonresidential buildings and structures in the town and to inspect nonresidential buildings and structures located in the town in order to determine which nonresidential buildings and structures are not being maintained so that the health and safety of its occupants or members of the general public are jeopardized and for the purpose of carrying out the objectives of this Code with respect to such nonresidential buildings and structures;(2)To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to affect the repair or demolition of nonresidential buildings and structures which have not been properly maintained in compliance with minimum standards established by this Code;(3)To keep a record of the results of inspections made under this Code and an inventory of those nonresidential buildings and structures which have not been properly maintained in compliance with the minimum standards established by this Code; and(4)To perform such other duties as may be herein prescribed.

(Ord. No. 2020-03, § 1(6-108), 11-3-2020)

Sec. 6-117. - Powers of the code enforcement official.
The code enforcement official shall first take reasonable non-formal actions to correct a violation of this Code prior to exercising any of the powers listed herein. All non-formal attempts of communication shall be documented in detail. The code enforcement official is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this Code, including the following powers in addition to others herein granted:

(1)To investigate nonresidential buildings and structures in the town to determine whether they have been properly maintained in compliance with the minimum standards established by this Code so that the safety or health of the occupants or members of the general public are not jeopardized;(2)To administer oaths and affirmations, examine witnesses, and receive evidence;(3)To enter upon premises for the purpose of making examinations and inspections, provided that such entries shall be made in accordance with law and in such manner as to cause the least possible inconvenience to the persons in possession; and(4)To appoint and fix duties of such officers, agents, and employees as the code enforcement official deems necessary to carry out the purposes of this Code.

(Ord. No. 2020-03, § 1(6-109), 11-3-2020)

Sec. 6-118. - Inspections.
For the purpose of making inspections, the code enforcement official is hereby authorized to enter, examine, and survey at all reasonable times, nonresidential buildings and structures. If entry upon the premises for purposes of investigation is necessary, such entry shall be made with permission of the owner, the owner's agent, a tenant, or other person legally in possession of the premises or pursuant to a duly issued administrative search warrant in accordance with G.S. 15-27.2.

(Ord. No. 2020-03, § 1(6-110), 11-3-2020)

Sec. 6-119. - Procedure for enforcement.
(a)Preliminary investigation. Whenever it appears to the code enforcement official that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet the minimum standards established by this Code, the code enforcement official shall undertake a preliminary investigation.(b)Complaint and hearing. If the preliminary investigation discloses evidence of a violation of the minimum standards established by this Code, the code enforcement official shall issue and cause to be served upon the owner of and parties in interest in the nonresidential building or structure a complaint. The complaint shall state the code violations and contain a notice that a hearing will be held before the code enforcement official at a place therein fixed, not less than ten days nor more than 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to answer the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the code enforcement official.(c)Procedure after hearing.(1)If, after notice and hearing, the code enforcement official determines that the nonresidential building or structure has been maintained in that the property meets the minimum standards established by this Code, the code enforcement official shall state, in writing, findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof a copy of said determination.(2)If, after notice and hearing, the code enforcement official determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by this Code, the code enforcement official shall state, in writing, findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order in accordance with the provisions of subsections (c)(3) and (c)(4) of this section and subject to the limitations set forth in sections 6-120 and 6-121.(3)If the code enforcement official determines that the cost of repair, alteration, or improvement of the building or structure would not exceed 50 percent of its then current value, then the code enforcement official shall state, in writing, the findings of fact in support of such determination and issue an order that requires the owner, not less than 15 and not more than 180 days, without an extension, as specified in the order, to take reasonable precaution in order to protect the safety and well-being of the public and to either:a.Repair, alter, or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by this Code; orb.Vacate and close the nonresidential building or structure for any use.(4)If the code enforcement official determines that the cost of repair, alteration, or improvement of the building or structure would exceed 50 percent of its then current value, then the code enforcement official shall state, in writing, the findings of fact in support of such determination and issue an order that requires the owner, not less than 15 and not more than 180 days, without an extension, as specified in the order, to take reasonable precaution in order to protect the safety and well-being of the public and to either:a.Remove or demolish the nonresidential building or structure; orb.Repair, alter or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this Code.(d)Failure to comply with orders and ordinances.(1)If the owner fails to comply with an order to either:a.Repair, alter, or improve the nonresidential building or structure; orb.Vacate and close the nonresidential building or structure;
the code enforcement official shall submit to the town council an ordinance ordering the code enforcement official to cause such nonresidential building or structure to be repaired, altered, or improved in order to bring it into compliance with the minimum standards established by this Code or to be vacated and closed for any use. The property shall be described in the ordinance. If the council adopts such an ordinance, it shall be recorded in the office of the register of deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the public officer shall cause the building or structure to be repaired, altered, or improved or to be vacated and closed. The public officer may cause to be posted on the main entrance of any nonresidential building or structure so closed a placard with the following words: "This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful." Any person who occupies or knowingly allows the occupancy of a building or structure so posted shall be guilty of a class 3 misdemeanor.

(2)If the owner fails to comply with an order to remove or demolish the nonresidential building or structure, the code enforcement official shall submit to the town council an ordinance ordering the code enforcement official to cause such nonresidential building or structure to be removed or demolished. No ordinance shall be adopted to require removal or demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity, up to 120 days, to bring it into conformity with the minimum standards established by the town council. The property shall be described in the ordinance. If the council adopts such an ordinance, it shall be recorded in the office of the register of deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of the ordinance, the code enforcement official shall cause the building or structure to be removed or demolished.

(Ord. No. 2020-03, § 1(6-111), 11-3-2020)

Sec. 6-120. - Limitations on orders and ordinances—Historic landmark or historic district.
Notwithstanding any other provision of this Code, if the nonresidential building or structure is designated as a local historic landmark, listed in the National Register of Historic Places, or located in a locally designated historic district or in a historic district listed in the National Register of Historic Places and the town council determines, after a public hearing, that the nonresidential building or structure is of individual significance or contributes to maintaining the character of the district, and the nonresidential building or structure has not been condemned as unsafe, an order issued by the code enforcement official, pursuant to section 6-119 and an ordinance approved by town council pursuant to section 6-119(d) may only require that the nonresidential building or structure be vacated and closed until it is brought into compliance with the minimum standards established by this Code.

(Ord. No. 2020-03, § 1(6-112), 11-3-2020)

Sec. 6-121. - Limitations on orders and ordinances—Vacant manufacturing facility or vacant industrial warehouse.
Notwithstanding any other provisions of this Code, an order issued by the code enforcement official pursuant to section 6-119 and an ordinance approved by town council pursuant to section 6-119(d) may not require repairs, alterations, or improvements to be made to a vacant manufacturing facility or a vacant industrial warehouse to preserve the original use. The order and ordinance may require such building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use.

(Ord. No. 2020-03, § 1(6-113), 11-3-2020)

Sec. 6-122. - Vacated and closed nonresidential buildings or structures.
(a)If the town council has adopted an ordinance or the code enforcement official has issued an order requiring the building or structure to be repaired, altered, or improved or vacated and closed and the building or structure has been vacated and closed for a period of two years, pursuant to the ordinance or order, then, if the town council finds that the owner has abandoned the intent and purpose to repair, alter, or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety, and welfare of the town in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area, then town council may, after the expiration of the two-year period, adopt an ordinance and serve such ordinance on the owner, setting forth the following:(1)The ordinance shall require that the owner either:a.Demolish and remove the nonresidential building or structure within 90 days; orb.Repair, alter, or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this Code within 90 days.(2)The ordinance shall require that if the owner does not either:a.Demolish and remove the nonresidential building or structure within 90 days; orb.Repair, alter, or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this Code within 90 day;
then the code enforcement official shall demolish and remove the nonresidential building or structure.

(b)In the case of a vacant manufacturing facility or a vacant industrial warehouse, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before town council may take action under this section.(c)If the owner fails to comply with the requirements of the ordinance within 90 days, the code enforcement official shall demolish and remove the nonresidential building or structure.

(Ord. No. 2020-03, § 1(6-114), 11-3-2020)

Sec. 6-123. - Ejectment.
If any occupant fails to comply with an order to vacate a nonresidential building or structure, the public officer may file a civil action in the name of the local government to remove the occupant. The action to vacate shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying the nonresidential building or structure. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date, and place not to exceed ten days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. 42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served and if at the hearing the public officer produces a certified copy of an ordinance adopted by the governing board to vacate the occupied nonresidential building or structure, the magistrate shall enter judgment ordering that the premises be vacated, and all persons be removed. The judgment ordering that the nonresidential building or structure be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. 42-30. An appeal from any judgment entered under this section by the magistrate may be taken as provided in G.S. 7A-228, and the execution of the judgment may be stayed as provided in G.S. 7A-227. An action to remove an occupant of a nonresidential building or structure who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this section unless the occupant was served with notice, at least 30 days before the filing of the summary ejectment proceeding, that the governing board has ordered the public officer to proceed to exercise his duties to vacate and close or remove and demolish the nonresidential building or structure.

(Ord. No. 2020-03, § 1(6-115), 11-3-2020)

Sec. 6-124. - Methods of service of complaints and orders.
(a)Complaints or orders issued by the code enforcement official under this Code shall be served upon persons either personally or by registered or certified mail and, in conjunction therewith, may be served by regular mail. When the manner or service is by regular mail in conjunction with registered or certified mail, and the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after mailing, service shall be deemed sufficient. The person mailing the complaint or order by regular mail shall certify that fact and the date thereof, and such certificate shall be conclusive in the absence of fraud. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.(b)If the identities of any owner or the whereabouts of persons are unknown and cannot be ascertained by the code enforcement official in the exercise of reasonable diligence, and the code enforcement official makes an affidavit to that effect, then the serving of the complaint or order upon the unknown owners or other persons may be made by publication in a newspaper having general circulation in the town at least once no later than the time at which personal service would be required under the provisions of this Code. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

(Ord. No. 2020-03, § 1(6-116), 11-3-2020)

Sec. 6-125. - In rem action by the code enforcement official.
(a)After failure of an owner of a nonresidential building or structure to comply with an order of the code enforcement official issued pursuant to the provisions of this Code and upon adoption by the town council of an ordinance authorizing and directing the owner to do so, as provided by G.S. 160D-1129(f)(2) and section 6-119(d), the code enforcement official shall proceed to cause such nonresidential building or structure to be repaired, altered, or improved to comply with the minimum standards established by this Code, or to be vacated and closed or to be removed or demolished, as directed by the ordinance of the town council.(b)Pursuant to G.S. 160D-1129(n), the town council is authorized to make appropriations from its revenues necessary to carry out the purposes of this section and may accept and apply grants or donations to assist in carrying out the provision of this article.(c)The code enforcement official may cause to be posted on the main entrance of any nonresidential building or structure which is to be vacated and closed a placard with the following words: "This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful." Any person who occupies or knowingly allows the occupancy of a building or structure so posted shall be guilty of a class 3 misdemeanor.

(Ord. No. 2020-03, § 1(6-117), 11-3-2020)

Sec. 6-126. - Costs, a lien on premises.
(a)The amount of the cost of such repairs, alterations or improvements or vacating and closing, or demolition and removal by the code enforcement official shall be a lien against the real property upon which such cost was incurred which lien shall be filed, have the same priority and be collected as provided by G.S. 160D-1129(i).(b)If the nonresidential building or structure is removed or demolished by the code enforcement official, the code enforcement official shall offer for sale the recoverable materials of the building or structure and any personal property, fixtures, or appurtenances found in or attached to the building or structure and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the code enforcement official, 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.(c)If the real property upon which the cost was incurred is located in an incorporated town, the amount of the costs is also a lien on any other real property of the owner located within the town limits except for the owner's primary residence. The additional lien provided in this subsection is inferior to all prior liens and shall be collected as a money judgment.(d)Nothing in this section shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor shall enforcement of one remedy provided herein prevent the enforcement of any other remedy.(e)Nothing in this section shall be construed to impair or limit in any way the power of the code enforcement official in the proper enforcement of the duties of his office, as assigned, nor shall the enforcement of any remedy provided herein prevent the enforcement of other remedy.

(Ord. No. 2020-03, § 1(6-118), 11-3-2020)

Sec. 6-127. - Filing of ordinances.
An ordinance adopted by town council pursuant to section 6-119(d) or 6-122 shall be recorded in the office of the register of deeds of the county and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. 160D-1129(f)(2).

(Ord. No. 2020-03, § 1(6-119), 11-3-2020)

Sec. 6-128. - Alternative remedies.
Neither this Code 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 Code by criminal process, as authorized by G.S. 14-4 and section 6-132, and the enforcement of any remedy provided herein or in other ordinances or laws.

(Ord. No. 2020-03, § 1(6-120), 11-3-2020)

Sec. 6-129. - Board of adjustment to hear appeals.
(a)All appeals which may be taken from decisions or orders of the code enforcement official pursuant to this Code shall be heard and determined by the board of adjustment. As the appeals body, the board shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties.(b)Appeals shall be subject to the following:(1)An appeal from any decision or order of the code enforcement official may be taken by any person aggrieved thereby. Any appeal from the code enforcement official shall be taken within ten days from the service of the order upon the aggrieved party and shall be taken by filing with the code enforcement official and with the 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 code enforcement official shall forthwith transmit to the board all the papers constituting the record upon which the decision appealed from was made. When the appeal is from a decision of the code enforcement official refusing to allow the person aggrieved thereby to do any act, the code enforcement official's decision shall remain in force until modified or reversed. When any appeal is from a decision of the code enforcement official 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 code enforcement official certifies to the board, after the notice of appeal is filed, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant) a suspension of the requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day's written notice to the code enforcement official, by the board, or by a court of record upon petition made pursuant to G.S. 160D-1208 and this section.(2)The board shall fix a reasonable time for the hearing of all appeals, shall give 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 partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the code enforcement official, but the concurring vote of four-fifths of the members of the board shall be necessary to reverse or modify any decision or order of the code enforcement official. The board shall have power also in passing upon appeals, in any case when practical difficulties or unnecessary hardships would result from carrying out the strict letter of this Code, to adapt the application of this Code to the necessities of the case to the end that the spirit of this Code shall be observed, public safety and welfare secured, and substantial justice done.(3)Every decision of the board shall be subject to review by the superior court by proceedings in the nature of certiorari instituted within 15 days of the decision of the board, but not otherwise.

(Ord. No. 2020-03, § 1(6-121), 11-3-2020)

Sec. 6-130. - Temporary injunction remedy for aggrieved person.
Any person aggrieved by an order issued by the code enforcement coordinator and officer or a decision rendered by the board of adjustment shall have the right within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the code enforcement official pending a final disposition of the cause, as provided by G.S. 160D-1208.

(Ord. No. 2020-03, § 1(6-122), 11-3-2020)

Sec. 6-131. - Conflict with other provisions.
In the event any provision, standard, or requirement of this Code is found to be in conflict with any other ordinance or code of the town, the provisions which establish the higher standard or more stringent requirement for the promotion and protection of health and safety of the citizens of the town shall prevail.

(Ord. No. 2020-03, § 1(6-123), 11-3-2020)

Sec. 6-132. - Violations and penalties.
(a)It shall be unlawful for the owner of any nonresidential building or structure 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 code enforcement coordinator and officer duly made and served in accordance with the provisions of this Code, within the time specified in such order, and each day that any such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any nonresidential building or structure, with respect to which an order has been issued pursuant to section 6-114, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration, improvement, or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.(b)The violations of any provision of this Code shall constitute a misdemeanor, as provided by G.S. 14-4.(c)In addition to or in lieu of the other remedies provided by this Code, any owner of a nonresidential building or structure that fails to comply with an order of the code enforcement official within the time specified therein, shall be subject to a civil penalty in the amount of $50.00 for the first offense, $100.00 for the second offense in the calendar year, and $250.00 for the third and subsequent offenses in the calendar year. Each subsequent offense after the third will be subject to a civil penalty of $250.00. Each 30-day period or part thereof in which a violation is allowed to persist will constitute a separate and distinct offense. The imposition of civil penalties shall not limit the use of any other lawful remedies available to the town for the enforcement of any ordinances adopted pursuant to this section.

(Ord. No. 2020-03, § 1(6-124), 11-3-2020)

CHAPTER 18 - ARTICLE II. - ZONING - DIVISION 5 - SIGNS

Sec. 18-136. - Scope.
This division shall apply in all districts. With the exception of legal notices, identification, information, directional or regulatory signs erected or required by governmental bodies, no exterior sign may be erected, painted, repainted, posted, reposted, placed, replaced, or hung in any district, except in compliance with this division.

(Code 2002, § 18-136; Ord. of 1-5-1993, art. VI, § 1)

Sec. 18-137. - General provisions.
(a) Sign permit. With the exception of those signs specifically authorized in section 18-138, no sign may be erected without a sign permit from the zoning administrator.

(b) Construction prohibited. No sign shall be:(1)Permitted on any public right-of-way except as specifically authorized in this division.(2)Attached to or painted on any telephone pole, telegraph pole, power pole, or other manmade object not intended to support a sign, nor on any tree, rock or other natural object, except as specifically authorized in this division.

(c) Setback requirements. Except as otherwise provided in this division, signs are required to be set back at least five feet from all lot lines and street right-of-way lines. In addition, they shall not be located within any drainage and/or utility easement (other than a standard five-foot drainage and utility easement that is located parallel to a street right-of-way line).

(d) Height requirements. No part of a freestanding sign may exceed a height, measured from ground level as indicated in the following table:

Sign Height Requirements

(e) Obstructing signs prohibited. Signs shall not obstruct any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress for any building, structure or lot. This provision does not apply to temporary paper signs.

(f) Traffic safety. No sign shall:(1)Be erected or continued that would tend by its location, color or nature to be confused with or obstruct the view of traffic signs or signals, or would tend to be confused with a flashing light of an emergency vehicle;(2)Use admonitions such as "stop," "go," "slow," "danger," etc., which might be confused with traffic directional signs or signals; or(3)Obstruct the line of sight of motorists at intersections or along a public right-of-way.

(g) Projecting signs and devices.(1)Projecting signs and overhanging devices, where they are permitted, shall be at least ten feet above the finished grade of any sidewalk or other walkway. Signs attached to the underside of a canopy shall be at least eight feet above the finished grade of any sidewalk or other walkway. No sign shall extend closer than two feet to a vertical plane at any street curbline. Signs and canopies which extend into a service street and alley right-of-way shall not interfere with passage of motor carriers using the service entrances at the rear and side of commercial establishments adjacent to such right-of-way. In addition, no sign shall extend above the second floor.(2)Projecting signs, where permitted to project over a public street or sidewalk right-of-way, shall remain only at the sufferance of the town and shall be removed within five days of formal notification by the zoning administrator of any conditions necessitating removal.

(h) Nonprojecting signs. Signs affixed flat against the walls of buildings or vertical surfaces of canopies and not more than 12 inches in thickness shall not be deemed a projecting sign. Business identification signs mounted on the parapet or on the roofline and not projecting more than 18 inches beyond the building face shall not be deemed a projecting sign. The thickness of such nonprojecting signs shall not be used in measuring setbacks. In no case shall the signs covered in this section extend closer than two feet to a vertical plane at any street curbline.

(i) Sign illumination. Where illuminated signs are permitted, they shall conform to the following criteria:(1)Illuminated signs may have either an interior or exterior source of illumination or a combination of both.(2)Exterior illumination, where the source of illumination is provided by such devices as spotlights or floodlights, shall be placed so that it is not directly visible from any residential district, or from adjacent properties. Internal illumination refers to a source of illumination within the sign itself.(3)No illuminated sign shall be permitted to have flashing lights other than signs which contain only time and temperature information.(4)No sign within 150 feet of a residential zone may be illuminated between the hours of 12:00 midnight and 6:00 a.m. unless the impact of such lighting beyond the boundaries of the lot where it is located is entirely inconsequential.(5)Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential premises.

(j) Setback from residential zone. If the lot on which a nonresidential sign is to be located is immediately adjacent to a residentially zoned lot, a distance of at least 20 feet shall intervene between the closest part of such sign and the adjacent lot line of the property in the residential district.

(k) Maintenance. All signs shall be maintained in a state of good repair. No sign shall be continued which becomes structurally unsafe and endangers the safety of the public or property. The zoning administrator, upon discovering or having brought to his attention evidence of an unsafe sign, shall order that such sign be made safe or be removed. A period of 48 hours following receipt of such notice by the person owning or using the sign shall be allowed for compliance.

(l) Sign area calculation. For the purpose of this division, the area in square feet of any sign shall be computed by the smallest, square, triangle, rectangle, circle or combination which will encompass the entire sign, including lattice work, wall work, frame and supports incidental to its decoration, except that the zoning administrator may omit (from the sign area calculation) those incidental supports and/or structural features that are a neutral color and do not convey any information or attract attention. In computing the sign area, only one side of a double-faced sign structure shall be considered, so long as both sides are the same size. In cases where the two sides do not coincide, the larger side shall be considered.

(m) Nonconforming signs.(1)No nonconforming signs erected before January 5, 1993, or any amendments to this article shall be moved, replaced or repaired in excess of 50 percent of its original cost in any calendar year without complying with the provisions of this article.(2)Within 90 days after the effective date of the ordinance from which this section is derived, any portable sign, banner or windblown sign not authorized by this division shall be removed.

(n) Temporary and portable signs. Temporary and portable signs are only allowed subject to the following criteria, unless otherwise authorized in this division:(1)A representative or owner of the building or lot on which such signs are to be located is required to obtain a sign permit from the zoning administrator. The length of the permit will be no more than 30 calendar days. After the end of the 30 days, the permit may be renewed once for up to an additional 30 days. All such signs shall be removed within the length of the permit or seven days after their reason for being has ceased to exist, whichever is shorter.(2)No more than one permit for each building or lot, whichever is less, shall be issued at a time. Initial permit requests shall be considered prior to renewal permits.(3)The maximum length of time that any location will be allowed to have such signs posted shall be 60 days during a calendar year.(4)Prior to the issuance of each permit and renewal, a fee shall be paid, and a cash bond posted, in an amount as established by the town council. The cash bond shall be held by the town for the length of the permit and until the representative or owner removes the signs.(5)Temporary and/or portable signs may be located on lots used for nonresidential and multifamily residential purposes subject to the following:a.Such signs that relate to events such as public elections, auctions of property or goods, agricultural production sales, bona fide grand openings, and estate and court sales shall not exceed a total area of 32 square feet.b.All other such permitted signs shall not exceed a total area of 20 square feet.(6)The only temporary and/or portable signs that are permitted on a lot containing a single- or two-family dwelling unit are real estate, political, estate and court sale, court and auction, construction, and yard sale signs, as authorized in section 18-138. In addition, a home occupation is allowed to obtain a permit for one sign, not to exceed two square feet if freestanding, or four-square feet if flush-mounted against the dwelling unit.(7)No temporary and/or portable sign shall be located within a public right-of-way, unless it announces an event of public interest such as those listed in section 18-138(3)c and is at a location approved and permitted by the zoning administrator.(8)No temporary and/or portable sign shall be electrified.(9)If any temporary and/or portable sign remains in a location beyond the times specified or is located or used in violation of any provision of the zoning ordinance sign regulations, the town may remove and dispose of such sign. If the town removes such sign, any posted cash bond is permanently forfeited to the town. Any such removed sign for which a bond was not posted, or a sign permit not issued, the town may dispose of such sign or hold the sign until the owner of the sign has paid to the town a service fee as established by the town council. The remedies set forth in this subsection shall not be exclusive but shall be in addition to any other remedies provided (by this division or law) in cases of violation of the town zoning ordinance.(10)Yard sale signs are only allowed to be erected after 4:00 p.m. on the day before the event or sale. The signs are not permitted to be placed on any public sign pole, telephone pole, power pole, or within the public right-of-way. The signs must be removed by 4:00 p.m. on the day of the event.

(o) Permanent subdivision sign regulations. At any street entrance to a residential subdivision, there shall be not more than one double-faced sign or two single-faced signs identifying the subdivision. For double-faced signs, the sign area shall not exceed 32 square feet; for single-faced signs, the sign area shall not exceed 16 square feet. Such signs shall be set back at least five feet from all street right-of-way lines, unless the state department of transportation standards for signs in the right-of-way are met.

(p) Nonresidential identification signs in residential districts. These identification signs shall only be permitted within the A-1, MF, and R zoning districts for nonresidential land uses that are either a use by right or have been approved as a special use. (Home occupations are not considered to be a nonresidential use and, therefore, are not allowed to erect these signs.) Uses that may erect these signs may have either (not both) a freestanding or flush-mounted sign. In addition, where the use abuts two or more thoroughfares, one additional sign (either freestanding or flush-mounted) is permitted, so long as no more than one sign is oriented to serve each street. The maximum sign area for each freestanding sign shall be 40 square feet; the maximum size for each flush-mounted sign shall be one square foot of sign area per horizontal linear footage of the side of the building on which the sign is to be located. For those locations that had an existing freestanding or flush-mounted sign as of the date of adoption of this amendment, they may erect one additional sign (either freestanding or flush-mounted) that is oriented to serve the same street as the original sign, so long as the combined area of the two signs does not exceed the maximum sign area that would be allowed (as listed above) if only one sign were erected. (For nonresidential signs to be located in zoning districts other than those listed above, see section 18-140.)

(Code 2002, § 18-137; Ord. of 1-5-1993, art. VI, § 2; Ord. No. 2002-04, § (A), 4-2-2002; Ord. No. 2003-05, §§ A), B), 10-29-2003; Ord. No. 2004-03, §§ B), C), 6-1-2004; Ord. No. 2006-01, § F), 8-8-2006)

Sec. 18-138. - Signs not requiring a sign permit from the zoning administrator.
The following signs do not require a sign permit, so long as they comply with the applicable requirements of section 18-137, as well as the additional requirements below:

(1) Identification signs. Signs not exceeding three square feet in area and bearing only property numbers, post office box, number of occupants of premises or other identification of premises shall not require a certificate of zoning compliance from the zoning administrator.

(2) Certain temporary/portable signs. Subject to the requirements below:

a. Political signs. Such political signs do not require a sign permit from the zoning administrator, so long as they are not illuminated, and they do not exceed a total area of 20 square feet on a residential lot or 32 square feet on a nonresidential lot. Signs associated with an election shall be removed within seven days after the election.

b. Real estate signs. One temporary real estate sign and one temporary directional sign not exceeding eight square feet in area may be placed on a property that is for sale, lease, rent or barter. When the property on which the sign is placed fronts on more than one street, one sign shall be allowed on each street frontage. Such signs shall not be illuminated or reflectorized and shall be removed within 15 days after sale of the property.

c. Construction signs. Temporary construction signs may be erected on the site during the period of construction or reconstruction to announce the name of the owner and/or developer, contractor, subcontractor, architect, land planner, landscape architect, engineer, and the name of the business under construction ("coming soon"). Any such signs shall not be illuminated or reflectorized. Such signs shall be removed within 15 days after the construction work has been completed. The total area of construction signs on a site shall be as follows:1.In residential zones, eight square feet for single- and two-family development and 40 square feet for other permitted uses (such as multifamily development and churches).2.In all other zones, 72 square feet, so long as any single sign does not exceed 40 square feet.

d. Other single- and two-family residential signs. Such signs may be placed on a single- or two-family residential lot for estate and court sale, court and auction, and yard sales, so long as the total area of such signs does not exceed 20 square feet and the signs shall be removed within seven days after the event.

(3) Directional or informational signs. A certificate of zoning compliance shall not be required for directional or informational signs of a public or quasi-public nature not exceeding 15 square feet in area. Such signs shall be used only for the purpose of stating or calling attention to the following:

a. The name or location of a city, town, village, hospital, community center, public or private school, church or other place of worship;

b. The name or place of meeting of an official or civic body as the Chamber of Commerce, Rotary, Lions or Kiwanis Club;

c. An event of public interest such as a local or county fair, pageant, public or general election, horse show, etc.

Permission shall be obtained from the zoning administrator to mount, erect or maintain over a public street or right-of-way any sign announcing events of public interest such as those listed in subsection (3)c of this section or any banner or decoration such as but not limited to Christmas decorations.

(4) Incidental signs. The following incidental signs as described are allowed:

a. In any zone in which agricultural uses are permitted one incidental sign advertising the sale of farm products, provided the products offered for sale are grown and produced on the premises and the sign area shall not exceed 24 square feet. Such sign may be freestanding if section 18-137 is observed; however, such sign shall not be required to be set back more than 15 feet. Illumination of such signs shall be nonflashing.

b. One identification sign shall be allowed for each multiple-dwelling unit in a zone permitting multiple-dwelling units, provided that it does not exceed 16 square feet in area, and does not contain more than the following information:1.Name and address of apartment.2.Type of units available.3.Name and address of agent.4.Telephone number.

Such sign may either be attached flat against the wall of the structure or may be freestanding; if freestanding, the sign shall be set back a minimum of 15 feet from the street right-of-way and shall be no more than seven feet in height above the ground.

c. One incidental professional announcement sign. 1.In residential districts, such signs shall not exceed three square feet in area, shall be flat mounted against the building and shall not be illuminated. 2.In districts other than residential districts, such signs shall not exceed four square feet in area and may be freestanding; if freestanding, the sign shall be set back a minimum of 15 feet from the street right-of-way and shall be no more than six feet in height above the ground.

d. In the R-10, R-6M, R-6 and MF districts, an incidental sign may be installed for a tourist home and bed and breakfast establishment provided it is on the same premises as the tourist home and is limited to four square feet in area. Illumination of such sign shall conform with section 18-137 and shall be nonflashing. Such sign may be freestanding, provided that it shall be located a minimum of one-third the principal building setback from the street right-of-way. All other setbacks shall be observed.

e. Subdivision development signs, not over 60 square feet in area which direct attention to the opening of a new subdivision, may be erected on the site of such new subdivision. All such signs must meet the setback regulations of the district in which located. No illumination will be permitted. Such sign shall be removed when 70 percent of the subdivision is sold.

(5) Ballfield or stadium advertising signs. Advertising signs may be erected within a ballfield or stadium, provided the following conditions are met:

a) Advertising signs may be no larger than four feet by eight feet per sign face and have only one sign face. b) Signs must be facing the interior of the field. c) Signs may be erected for no longer than a six-month period. d) Signs may not exceed seven feet in height in residential zones and 12 feet in height in commercial and industrial zones.

(Code 2002, § 18-138; Ord. of 1-5-1993, art. VI, § 3; Ord. No. 2003-05, § C), 10-29-2003; Ord. No. 2004-03, § D), 6-1-2004; Ord. No. 2004-04, 7-6-2004)

CHAPTER 32 - ARTICLE I. - IN GENERAL

Sec. 32-1. - Definitions

Abandoned motor vehicle means a vehicle that is left on public grounds or town-owned property in violation of a law or ordinance prohibiting parking; is left for longer than 24 hours on property owned or operated by the town; is left for longer than two hours on private property without the consent of the owner, occupant or lessee of the property; or is left for longer than seven days on public grounds.

Junked motor vehicle means an abandoned motor vehicle that also is partially dismantled or wrecked, cannot be self-propelled or moved in the manner in which it was originally intended to move, is more than five years old and appears to be worth less than $100.00, or does not display a current license plate when the motor vehicle is required by laws of this state to have such a license plate to operate on the public roads.

CHAPTER 32 - SOLID WASTES AND WEEDS

ARTICLE I. - IN GENERAL

Sec. 32-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned motor vehicle means a vehicle that is left on public grounds or town-owned property in violation of a law or ordinance prohibiting parking; is left for longer than 24 hours on property owned or operated by the town; is left for longer than two hours on private property without the consent of the owner, occupant or lessee of the property; or is left for longer than seven days on public grounds.

Garbage means all solid wastes capable of being rapidly decomposed by microorganisms, including, but not limited to, animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, as well as animal offal and carcasses, but excluding sewage and human wastes.

Junked motor vehicle means an abandoned motor vehicle that also is partially dismantled or wrecked, cannot be self-propelled or moved in the manner in which it was originally intended to move, is more than five years old and appears to be worth less than $100.00, or does not display a current license plate when the motor vehicle is required by laws of this state to have such a license plate to operate on the public roads.

Motor vehicle means any machine designed or intended to travel over land or water by self-propulsion or while attached to a self-propelled vehicle.

Public works director means the public works director or any other person designated by the manager to perform the functions and exercise the responsibilities assigned by this chapter to the public works director.

Refuse means all solid wastes except garbage and solids that are dissolved or suspended in domestic, commercial or industrial wastewater effluent.

Scrap materials means:

(1)Pieces or fragments of metal, wood, glass, masonry, plastic, textiles, rope, leather, rubber, paper or any other substance that formerly were part of the construction of some useful object or thing or that consist of the excess resulting from the creation of some useful object or thing;(2)Objects or things, including, but not limited to, machines, tools, equipment, hardware, furniture, appliances, etc., or their parts that are no longer in serviceable condition or are valuable only as raw material for reprocessing;(3)Motor vehicles or remnants that do not display current license plates, cannot without substantial repairs be made to operate in the manner originally intended, and are valuable only as raw materials for reprocessing;
but that do not constitute solid wastes because they are or may be useful to or wanted by or have not been discarded by the person in control of the premises where they have been located.

Solid wastes means wastes that are nongaseous and nonliquid (except that liquid wastes resulting from the processing of food are deemed solid wastes for the purposes of this chapter).

Trash means solid wastes that are not normally stored for collection in garbage cans, such as leaves, prunings, newspapers, cardboard boxes, etc.

Wastes means all useless, unwanted or discarded materials resulting from domestic, industrial, commercial or community activities.

(Code 1987, § 13-1; Code 2002, § 32-1; Ord. No. 2018-02, 1-2-2018)

Sec. 32-2. - Accumulations.
(a)Subject to the qualifications contained in subsection (b) of this section, no person may cause, suffer or permit solid wastes to accumulate or remain on premises under his control except in accordance with the provisions of article II of this chapter.(b)Natural solid waste materials resulting from lawn or garden work, such as bush and tree trimmings, leaves, grass, stumps, dirt and stones may be allowed to accumulate or remain on premises under a person's control unless these materials become or threaten to become a fire hazard or a harboring place for rats, mice, snakes or other vermin or otherwise pose a danger to the public health or safety.

(Code 1987, § 13-2; Code 2002, § 32-2)

Sec. 32-3. - Dumping, littering on public or private property.
(a)No person may place, discard, throw, drop or deposit or cause to be placed, discarded, thrown, dropped or deposited any solid wastes on:(1)Any public street or sidewalk within the town or on any property owned or operated by the town or any other public property, except in properly designated receptacles; or(2)Any property not owned by him without the consent of the owner, occupant or lessee of the property.(b)No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of materials from such load onto the roadway.(c)Any person found guilty of violating this section shall be fined a civil penalty of not less than $100.00.(d)All law enforcement agencies, officers of this state or any political subdivision thereof, are hereby authorized, and empowered to enforce compliance with this article.

(Code 1987, § 13-3; Code 2002, § 32-3; Ord. of 6-2-2010, § A)

State Law reference— Authority to prohibit placing garbage, etc., G.S. 160A-303.1.

CHAPTER 32- ARTICLE II. - STORAGE AND COLLECTION

Sec. 32-29. - Size, number, and type of receptacles.
(a) The public works director shall determine the size, number, and type of solid waste receptacles that must be provided for all premises. In making this determination, the public works director shall consider the type of activities on each premises and the amount of solid waste likely to be generated by those activities, as well as the welfare of the occupants and neighbors of those premises and the town's need to facilitate collection and minimize the costs of this service.

(b) Unless otherwise determined by the public works director for good cause shown, when five or more dwelling units are located on a single lot, the owner of the premises shall provide one or more dumpsters so that the following criteria relating to capacity are satisfied:(1)Two cubic yards of storage capacity are provided for every eight dwelling units or fraction thereof.(2)If more than one dumpster is required, the owner shall provide the smallest number of dumpsters capable of satisfying the requirements stated in subsection (b)(1) of this section.

(c) Unless otherwise determined by the public works director for good cause shown, when any nonresidential premises requires more than four of the containers described in subsection (e) of this section, one or more dumpsters of an appropriate size may be required.

(d) When dumpsters are required by the public works director, only dumpsters compatible with town collection equipment will be approved.

(e) Unless otherwise determined by the public works director for good cause shown, the owners of all premises not required to be served by dumpsters shall provide at least one 30- to 32-gallon container made of galvanized metal, plastic, rubber, or other material resistant to rust, corrosion, or rapid deterioration. Each required container shall be watertight and provided with handles and a tightfitting cover.

(Code 1987, § 13-22; Code 2002, § 32-41; Ord. No. 2018-02, 1-2-2018)

Sec. 32-30. - Premises served by dumpsters.
With respect to premises served by dumpsters, the following provisions shall apply:

(1)The location of dumpsters shall be determined by the public works director after consultation with the owner of the premises concerned. In making this determination, the public works director shall consider the needs of the occupants of the premises, the welfare of the occupants and neighbors, and the town's need to facilitate collection and minimize the cost of service.(2)Solid waste shall be collected from the dumpsters by the town where the dumpsters are located by the public works director.(3)The public works director may require that screening be provided around dumpsters if he determines that such screening is necessary to prevent solid wastes from being transported onto neighboring properties or if the location of the dumpsters is such that, in the absence of screening, the dumpsters would present an offensive appearance or cause offensive odors to be transmitted to neighboring properties.

(Code 1987, § 13-23; Code 2002, § 32-42; Ord. No. 2018-02, 1-2-2018)

Sec. 32-31. - Premises not served by dumpsters.
With respect to premises not served by dumpsters, the following provisions shall apply:

(1)Garbage may be stored pending collection by the town only in the receptacles described in section 32-29. Trash may be stored until the next collection in any appropriate and convenient fashion.(2)Except as otherwise provided in this section, solid wastes may not be stored between scheduled pickups within 45 feet of the centerline of any public street unless such solid wastes are stored within a completely enclosed substantial structure such as a house, garage or shed.(3)Solid wastes other than trash shall be picked up by town crews from storage locations that comply with subsection (2) of this section. Trash shall be placed adjacent to the street for collection on the scheduled collection day or after dark on the preceding day.(4)Containers other than those described in section 32-29(e) will be treated as solid wastes and collected by the town.(5)Grass cuttings, hedge clippings, tree trimmings and similar materials less than four inches in diameter and 60 inches in length will be collected by the town as part of the regular collection service if placed adjacent to the street for collection.(6)Containers weighing more than 75 pounds and heavy or bulky items such as tree trunks, tree trimmings or hedge cuttings more than 60 inches in length or four inches in diameter, furniture and similar items will be collected only in accordance with section 32-32.

(Code 1987, § 13-24; Code 2002, § 32-43)

Sec. 32-32. - Special collections.
(a)Solid wastes that are too bulky, heavy or cumbersome to be collected by the town as part of its regular collection service may be collected by the town pursuant to a request made to the public works director and payment of a fee for this service. The fee will be determined by the public works director based upon the nature and amount of materials to be collected, the estimated time required to perform the service, and the equipment necessary to perform the service. In all cases, the minimum required fee must be paid in advance. The fee shall be set from time to time, and a schedule of such fees as established.

(b)This section shall not apply to hedge cuttings or tree trimmings that are less than 60 inches in length and four inches in diameter.

(Code 1987, § 13-25; Code 2002, § 32-44; Ord. No. 2018-02, 1-2-2018)

Sec. 32-33. - Collection routes and schedules.
The public works director shall establish collection routes and schedules and may alter these routes and schedules from time to time. A copy of the current routes and schedules shall be kept on file in the office of the town clerk. Notice of any changes in the routes or schedules shall be published in the local newspaper at least ten days before the changes are to become effective.

(Code 1987, § 13-26; Code 2002, § 32-45; Ord. No. 2018-02, 1-2-2018)

Sec. 32-34. - Compliance with determination of director.
Whenever this article authorizes the public works director to make a discretionary determination, all persons affected by that determination shall comply with it within 15 calendar days after mailing or delivering written notice of the determination and the reasons for it. Thereafter, a failure on the part of any person receiving such notice to comply with the determination shall constitute a violation of this article.

(Code 1987, § 13-27; Code 2002, § 32-46; Ord. No. 2018-02, 1-2-2018)

Sec. 32-35. - Damaging, displacing, etc., receptacles or wastes.
No person may damage, displace or otherwise interfere with solid waste receptacles or solid wastes stored or prepared for collection except with the consent of the owner, lessee or occupant of the premises where those receptacles or solid wastes are located.

(Code 1987, § 13-28; Code 2002, § 32-47)

Sec. 32-36. - Container requirements; placement of containers for collection.
(a) The town or its contractor shall provide one 90-gallon container, on wheels, to each residential customer, and commercial customer, if applicable, for the purpose of garbage and trash collection (yard waste, hazardous materials, tires, and all other materials banned from landfill disposal shall be prohibited).

(b) All containers provided by the town or its contractor shall be kept on the private premises of the customer, property owner, resident, or occupant.

(c) Every container required by this section shall be maintained in a sanitary condition and shall be cleaned (i.e., washing or otherwise) by the customer, property owner, resident, or occupant.

(d) It shall be the responsibility of each customer of the town to place said containers beside the street (behind the curb or edge of pavement) on or prior to their scheduled collection day. For those customers who are unable to physically move the container out to the street, either due to aide, illness, or other physical disabilities, the town or its contractor shall provide a pull-out service to be performed by the collection personnel. These customers must contact the town or its contractor to request this special service. Each request shall be taken into consideration by the town or its contractor to determine the actual need of the customer making the request. This service shall be granted at the town's or its contractor's discretion.

(e) Containers may be placed at curbside after 4:00 p.m. on the day before the scheduled collection day. The container must then be removed from the curbside no later than 4:00 p.m. on the day following the scheduled collection day.

(f) Any customer found to be in violation of this requirement shall receive two written violation notices. A third violation may result in a civil penalty assessed by the town not to exceed $25.00.

(Code 2002, § 32-48; Ord. of 11-2-2004)

CHAPTER 32 - ARTICLE III. - SCRAP MATERIALS

Sec. 32-61. - Declaration of policy.
The town council declares that the uncontrolled accumulation of scrap materials on any premises constitutes a danger to the health, safety and welfare of the citizens of the town in that such accumulations can furnish shelter and breeding places for vermin, present physical dangers to the safety and well-being of children and other citizens, pose a danger of fire and depreciate property values or cause a loss of business by detracting from the appearance and character of residential and commercial neighborhoods.

(Code 1987, § 13-46; Code 2002, § 32-81)

Sec. 32-62. - Accumulations.
No person may cause, suffer or permit scrap materials to accumulate or remain on premises under his control unless the scrap materials are as follows:

(1) Surrounded by a fence of sufficient height, strength and construction to deny persons, especially small children, access to them and to shield neighboring properties from the view of them; or

(2) So stored within a structure or within a container outside of a structure as to minimize substantially the dangers set forth in section 32-61.

(Code 1987, § 13-47; Code 2002, § 32-82)

Sec. 32-63. - Disposal of white goods.
(a) It shall be unlawful for any resident or property owner of the town to leave or allow to be left on the streets or rights-of-way of the town any white goods for a period longer than seven days after being notified by the town to remove it or have it removed. It shall be the primary responsibility of the resident to comply with this section, and the property owner shall bear secondary responsibility.

(b) Violation of this section shall result in the town's collecting the item after the seven-day period and charging, first the resident and then the property owner (if the resident cannot be located), a fee of an amount which will be sufficient to recover the cost to the town for this service. If the fee is not paid within 30 days, the town will pursue collection procedures through the court system of the state.

(c) For the purpose of this section, white goods shall be defined as stoves, refrigerators, washing machines, clothes dryers, water heaters, trash compactors, etc.

(Code 2002, § 32-83; Ord. of 2-2-1993, § 13-48; Ord. of 9-5-1995)

CHAPTER 32 - ARTICLE IV. - WEEDS

Sec. 32-85. - Noxious growth.
(a) No person may cause, suffer or permit on premises under his control any growth of weeds, grasses or other plants or bushes that becomes or threatens to become a fire hazard or a harboring place for rats, mice, snakes or other vermin or otherwise poses a danger to the public health or safety.

(b) No person may cause, suffer or permit on premises under his control any growth of weeds or grasses in excess of 12 inches in height.

(Code 1987, § 13-61; Code 2002, § 32-116; Ord. of 7-6-2010, § A)

Secs. 32-86—32-113. - Reserved.

CHAPTER 32 - ARTICLE V. - ENFORCEMENT

Sec. 32-114. - Penalties and remedies.
(a) A violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable as provided in section 1-12, article I (except section 32-3) of this chapter, and article III of this chapter.

(b) A violation of any of the provisions specified in subsection (a) of this section, as well as section 32-3, shall also subject the offender to a civil penalty of $50.00. If the offender fails to pay this penalty within 15 calendar days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of debt.

(c) Each day that any violation continues after a person has been notified that such violation exists and that he is subject to the penalties specified in subsections (a) and (b) of this section shall constitute a separate offense.

(Code 1987, § 13-76; Code 2002, § 32-151)

Sec. 32-115. - Violations resulting from continuing conditions.
(a) Whenever a violation of this chapter results from a continuing condition rather than a discrete event, a written notice shall be sent to the last-known address of the responsible person, specifying the nature of the violation and what must be done to correct it, requiring the responsible person to correct the violation within ten calendar days after delivery of the notice, and informing the responsible person of the possible consequences of his failure to comply.

(b) Whenever a violation of this chapter results from a continuing condition rather than a discrete event, the penalties and remedies provided for in section 33-114 may not be invoked until after the ten-day correction period specified in the section has expired.

(Code 1987, § 13-77; Code 2002, § 32-152)

Sec. 32-116. - Summary abatement of conditions dangerous or prejudicial to the public health.
If the town council concludes, after notice and hearing as provided in this article, that any condition or situation prohibited by this chapter or any other condition or situation is dangerous or prejudicial to the public health or safety, it may order town officials to summarily remove, abate or remedy everything so found within the town limits or within two miles of the limits.

(Code 1987, § 13-78; Code 2002, § 32-153)

Sec. 32-117. - Abatement notice required.
Before the action authorized by section 32-116 is taken, notice shall be sent to the respondent, informing him of the following:

(1) What condition or situation is alleged to be dangerous or prejudicial to the public health or safety.

(2) When and where the town council will meet to hold a hearing on the issue of whether the condition cited is dangerous or prejudicial to public health.

(3) That if the town council determines that the cited condition is dangerous or prejudicial to public health or safety, it may order town officials to summarily abate, remedy or correct the offending condition.

(4) That the expenses incurred by the town in connection with the actions described in subsection (3) of this section, if not paid by the respondent, shall become a lien upon the land where the offending condition is located, to be collected as unpaid taxes. If, after due diligence, the respondent's address cannot be determined, the notice required by this section shall be posted conspicuously on the offending property not later than three days before the scheduled hearing. This notice shall be sent by mail, certified, deliver to addressee only, return receipt requested, not later than five calendar days prior to the scheduled hearing or delivered to the respondent by a town officer or employee, not later than three days prior to the scheduled hearing. For purposes of this article, the respondent is the person who is responsible for the offending condition, as well as the owner of the property where the offending condition is located, if different from the former.

(Code 1987, § 13-79; Code 2002, § 32-154)

Sec. 32-118. - Hearing procedures.
At the hearing held pursuant to this article, the town administration shall be responsible for presenting sufficient evidence to the town council to substantiate a finding that a condition exists that is dangerous or prejudicial to the public health or safety. The town council may consider all reliable evidence and need not be bound by the strict rules of evidence applicable to courts of law, but all witnesses shall be sworn. The respondent may be represented by counsel and may present evidence. All parties may cross examine adverse witnesses. At the conclusion of the hearing, the town council shall make findings of fact, state its conclusions and enter an appropriate order. The town council's findings of fact, conclusion and order shall be reduced to writing and a copy sent by mail or delivered to the respondent within three days following the hearing.

(Code 1987, § 13-80; Code 2002, § 32-155)

Sec. 32-119. - Issuance of order.
If the town council concludes that a situation or condition exists that is dangerous or prejudicial to the public health or safety, it may:

(1) Order appropriate town officials or employees to summarily remove, abate or remedy everything so found and to assess the cost of this action against the respondent in accordance with section 32-116; or

(2) Order the respondent to correct the situation within a specified time period and order town officials to abate, correct or remedy the offending condition if the respondent fails to act within the prescribed time limits.

(Code 1987, § 13-81; Code 2002, § 32-156)