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City of Concord Housing Code

Table of Contents

Section: 4-26. Housing Code established, title. 1

Section: 4-27. Basis of Article. 1

Section: 4-28. Conflicting provisions. 1

Section: 4-29. Severability. 2

Section: 4-30. Code remedial. 2

Section: 4-31. Scope. 2

Section: 4-32. Exercise of police power; finding; purpose. 3

Section: 4-33. Existing buildings. 4

Section: 4-34. Maintenance of buildings. 5

Section: 4-35. Definitions. 5

Section: 4-36. Violations. 11

Section: 4-37. Qualifications, duties and powers of the Housing Code Enforcement Officer. 11

Section: 4-38. Inspections; duty of owners and occupants. 13

Section: 4-39. Refusal to permit entry upon premises; misdemeanor. 13

Section: 4-40. Enforcement. 14

Section: 4-41. Methods of service of complaints and orders. 16

Section: 4-42. Action to remove occupant. 16

Section: 4-43. Procedure for repairing, closing or demolishing certain abandoned structures. 17

Section: 4-44. Zoning Board of Adjustment to hear appeals. 18

Section: 4-45. Appeals. 18

Section: 4-46. Action by officer; placarding; record of ordinance. 19

Section: 4-47. Securing vacated property; approval before re-occupancy. 19

Section: 4-48. Costs; lien. 20

Section: 4-49. Non-liability of City Personnel. 20

Section: 4-50. Remedial authority of City. 21

Section: 4-51. Compliance. 21

Section: 4-52. Emergency cases; unsafe conditions. 21

Section: 4-53. Structural Standards. 23

Section: 4-54. Basic Equipment and Facilities. 28

Section: 4-55. Ventilation. 31

Section: 4-56. Habitable space. 31

Section: 4-57. Safe and sanitary maintenance. 33

Section: 4-58. Control of insects, rodents and infestations. 35

Section: 4-59. Applicability to rooming houses; exceptions. 36

Section: 4-60. Responsibilities of owners and occupants. 37

Section: 4-61. Outdoor swimming pools. 38

 

Section: 4-26. Housing Code established, title.

There are hereby established rules and regulations for the repair or elimination of unfit and/or unsafe housing conditions in the City of Concord, North Carolina, which shall be known as "The Housing Code of the City of Concord", and will be referred to hereafter as the "Code". Housing is defined as any structure used for, but not limited to, human habitation. Any structure used to house people or property shall be governed by the Code.

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Section: 4-27. Basis of Article.

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

Purpose. In order to protect the health, safety and general welfare of the residents of the City as authorized by G.S. Chapter 160A, Article 19, Part 6 (§ 160A-441 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. section 160A-444.

(Ord. Of 4-8-76, § 1)

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Section: 4-28. Conflicting provisions.

If any provision, standard or requirement of this Article is found to be in conflict with any provision of any ordinance or code of the City, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health, safety, and general welfare of the residents of the City shall prevail.

(Ord. Of 4-8-76, § 21)

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Section: 4-29. Severability.

If any provision of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end the provisions of this Code are hereby declared to be severable.

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Section: 4-30. Code remedial.

This Code is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof - which are public health, safety, and general welfare - through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of dwellings, apartment houses, rooming houses or buildings, structures, or premises used as such.

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Section: 4-31. Scope.

The provisions of this Code shall apply to the construction, alteration, repair, equipment, use, occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

No provision of this Code shall be held to deprive any federal or state agency, or any municipal authority having jurisdiction, of any power or authority which it had on the effective date of this Article or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law.

The provisions of this Code shall apply to all tents, motor homes, pop-up campers, RV’s, and similar vehicles used for human shelter which are designed to be transportable and which are not attached to the ground, to another structure or to any utilities system on the same premises, when they are used for residential occupancy in excess of fifteen (15) consecutive days.

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Section: 4-32. Exercise of police power; finding; purpose.

Pursuant to G.S. 160A-441, it is hereby found and declared by the City Council of the City of Concord that there exists in the City, dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, light and sanitary facilities, and due to other conditions rendering such dwellings unsafe or unsanitary, dangerous and detrimental to health, safety and morals, and otherwise inimical to the welfare of the residents of the City. There also exists abandoned structures which the City Council finds to be a health or safety hazard as a result of 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. Buildings unfit for human habitation are hereby declared to be a public nuisance and shall be repaired or rehabilitated to the standards of this Article or demolished in accordance with the procedure set forth herein.

In order to protect the health, safety and general welfare of the residents of the City of Concord as authorized by part 6 Article 19, Chapter 160A of the North Carolina General Statutes, 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. 160A-444, and to provide procedures for the repair, closing and demolition of buildings not conforming to such minimum standards of fitness, as expressly authorized by G.S. 160A-443.

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Section: 4-33. Existing buildings.

The provisions of this Code shall apply to any dwelling, apartment, apartment house or rooming house irrespective of when said building was constructed, altered, or repaired.

If, within any period of 12 months, alterations or repairs are made to an existing building costing in excess of 50 percent of the then-physical value of the building, such building shall be made to conform to the requirements of the Building Code for new buildings.

If an existing building is damaged by fire or otherwise in excess of 50 percent of its then-physical value before such damage is repaired, it shall be made to conform to the requirements of the Building Code for new buildings.

If the cost of such alterations or repairs, or the amount of such damage, is more than 25 percent but not more than 50 percent of the then-physical value of the building, the portions to be altered or repaired shall be made to conform to the requirements of the Building Code for the new building to such extent as the Building Official may determine.

Repairs and alterations not covered by the preceding subdivisions of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of the Building Code or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed.

For the purposes of this section the "physical value" of a building or structure, as herein before defined, shall be determined by a Housing Code Enforcement Officer, and he/she shall use as a guideline the tax value of the building exclusive of land.

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Section: 4-34. Maintenance of buildings.

All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this Code in a building when erected, altered, or repaired shall be maintained in good working order. The owner, or his/her designated agent, shall be responsible for the maintenance of buildings, structures and premises.

Certificate of Occupancy. (not applicable at this time)

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Section: 4-35. Definitions.

Words not defined in this section shall have the meanings in Webster’s Ninth Collegiate Dictionary, as revised. All words in this Article that are used in the present tense include the future, used in the masculine gender include the feminine and neuter, and the singular number includes the plural and the plural number includes the singular. 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:

Abandoned Structure shall mean any structure that has not been occupied or used, by its owner or by some person acting under authority of its owner, for a continuous period of thirty (30) days or longer and which is determined by the Housing Code Enforcement Officer to be unfit for human habitation or occupancy based upon the standards as set forth in this Article.

Accessory building or outhouse shall mean a building or structure the use of which is incidental to that of the main building or structure and which is located on the same lot or on a contiguous lot, also known as an appurtenance.

Alteration shall mean a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another; or a modification in the use of occupancy; and the term "alter" in its various moods and tenses and its participle, refers to the making of an alteration.

Approved as applied to a material, device or mode of construction, shall mean approved by the inspector under the provisions of this Code, or by other authority designated by law to give approval in the matter in question.

Area shall mean:

As applied to the dimension, the maximum horizontal projected area of the building.

As applied to the dimensions of a room, the total square footage of floor area between finished walls.

Basement shall mean a story having a clear height of at least 7 feet from finished floor to finished ceiling, the floor level of which is below finished grade but not less than 4 feet below the average finished grade, having floor and walls of approved construction.

Building shall mean any structure built for the support, shelter or enclosure of persons which has enclosed walls for fifty (50) percent of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof."

Cellar shall mean a portion of a building located partly or wholly underground, having one-half or more of its clear floor-to-ceiling height (by cubic measurement) below the average grade of the adjoining ground, and having inadequate access to light and air from windows located partly or wholly below the adjoining ground.

Certificate of Occupancy or Housing Certificate shall mean a permit issued by the Director of Planning and Community Development or his/her designated agents, certifying the named dwelling complies with the minimum requirements of this Code.

Close shall mean securing the building so that unauthorized persons cannot gain entrance to the building.

Demolish shall mean the demolition and removal of the entire building leaving the property free and clear of any debris and without holes or pockets which may retain water. (same as removal)

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

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

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

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

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

Exit shall mean a clear and unobstructed way of departure from the interior of a building or structure to the exterior at street or grade level.

Extermination shall mean the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the officer.

Facilities shall mean water closets, tub or shower, lavatories, sink and water heating and heating unit that may be commonly found to exist in a habitable dwelling or dwelling unit.

Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. (see also rubbish)

Governing body shall mean the City Council.

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

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

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

Occupant shall mean any person over one (1) year of age living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.

Officer shall mean the Housing Administrative Official of the City or his/her authorized Housing Code Enforcement Agent.

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

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

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

Shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner, and 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 thereto, to the same extent as if he/she were the owner;

Is a mortgagee of record for any dwelling, dwelling unit or rooming unit.

Parties in Interest shall mean all individuals, associations and corporations who have interest of record in a dwelling and any who are in possession thereof.

Perimeter shall mean the outer limits of an area.

Pier shall mean a masonry support extending from the ground and footing to and supporting the building or portion thereof.

Plumbing shall mean and include all of the following supplied facilities and equipment; gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinder), waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basin, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas line.

Premises shall mean a lot, plat or parcel of land, including the building or structures thereon.

Public authority shall mean any officer who is in charge of any department or branch of the government of the city or county or state relating to health, fire, building regulations or other activities concerning dwellings in the city.

Removal shall mean the demolition and removal of the entire building, leaving the premises free and clear of any debris; any excavation properly filled in and with no holes or pockets which may retain water.

Rooming unit shall mean any rooms 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.

Rooming house shall mean any dwelling or that part of any dwelling containing one (1) or more rooming units in which space is let by the owner or operator to three (3) or more persons who are not husband and wife, son or daughter, mother or father or sister or brother of the owner or operator.

Rubbish shall mean combustible and noncombustible waste materials except garbage and ashes, and the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.

Structure shall mean that which is built or constructed, an edifice or building of any king; or any piece of work artificially built up or composed of parts joined together in some definite manner. The term structure shall be construed as if followed by the words "or part thereof."

Substandard shall mean any condition existing in any habitable dwelling., or dwelling unit, which violate or do no comply with one (1) or more minimum standards of fitness of this Code.

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

Temporary housing shall mean any tent, motor home, pop-up camper, RV, and similar type vehicle 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 fifteen (15) consecutive days.

Tenant shall mean any person who alone or jointly or severally with others occupies a residential building under a lease or holds a legal tenancy in a building.

Unfit for human habitation shall mean that conditions exist in a dwelling which violate or do not comply with one (1) or more of the minimum standards of fitness and are inimical to the health, safety and moral welfare of the occupants or residents in the area.

Ventilation shall mean the expelling of stale air from housing through circulation of fresh air by natural or mechanical means.

Ventilation, mechanical shall mean ventilation by power driven devices.

Ventilation, natural shall mean ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.

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Section: 4-36. Violations.

It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve such dwelling or dwelling unit or to vacate and close and remove or demolish it upon order of the officer duly made and served within the time specified in such order. 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 4-40 to occupy or permit the occupancy of such dwelling or dwelling unit after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing. In addition to other penalties, any person who violates this section shall be subject to a civil penalty of one hundred dollars ($100.00) for the first day following the expiration of the time period specified in the order for such repair, alteration or improvement. A penalty of ten dollars ($10.00) per day shall be imposed for each subsequent day that the unfit dwelling or dwelling unit remains in violation of the order. If a person fails to pay the civil penalty within ten (10) days after being notified of the amount due, the City shall seek to recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.

(Ord. Of 4-8-76, § 22; Ord. Of 4-9-87, § 2)

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Section: 4-37. Qualifications, duties and powers of the Housing Code Enforcement Officer.

The Housing Code Enforcement Officer shall have a competent knowledge of building construction. The officer shall be a sworn officer of the City and must hold either the North Carolina Code Officials Qualification Board Probationary Certificate or a Building Inspector Level I Certificate.

The Housing Code Enforcement Officer is hereby designated as the officer to enforce the provisions of this Article and to exercise the duties and powers herein prescribed. It shall be the duty of the Housing Code Enforcement Officer to:

1 Investigate the dwelling conditions and inspect dwellings and dwelling units located in the City, in order to determine which dwelling and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this Article with respect to such dwellings and dwelling units;

2 Take such action together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;

3 Keep a record of the results of inspections made pursuant to this Article and an inventory of those dwellings that do not meet the minimum standards of fitness prescribed in this Article; and

4 Perform such other duties as may be prescribed in this Article.

The Housing Code Enforcement Officer is hereby authorized to exercise any powers necessary or convenient to carry out and effectuate the general spirit, purpose and provisions of this Code, including specifically, but not limited to, the following:

1 Investigate the dwelling conditions in the City, in order to determine which dwellings are unfit for human habitation;

2 Administer oaths and affirmations, examine witnesses and receive evidence; and

3 Enter upon premises for the purpose of making examinations and inspections, provided such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.

(Ord. Of 4-8-76,§§ 12, 13)

4 The Housing Code Enforcement Officer shall have authority to request advice and assistance from any public authority or agency he/she deems appropriate in performing his/her duties.

While holding office, the Housing Code Enforcement Officer shall not engage in or be interested in the business of owning or managing rental property within the City. The officer is obligated to avoid any conflict of interest that may result from the performance of his/her duties.

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Section: 4-38. Inspections; duty of owners and occupants.

For the purpose of making inspections, the officer is hereby authorized, upon presentation of proper credentials, to enter, examine and survey at all reasonable times all dwellings, dwelling units and premises. The owner or occupant of every dwelling, dwelling unit or rooming unit or the person in charge thereof shall give the officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purposes of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his/her agent or employee, access to any part of such dwelling or dwelling unit and its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Article or with any lawful order issued pursuant to the provisions of this Article. If the owner or occupant refuses admission for this purpose, admission may be obtained through the provisions of Article 4A of Chapter 15 of the General Statutes of North Carolina.

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Section: 4-39. Refusal to permit entry upon premises; misdemeanor.

It shall be unlawful for any owner or person in possession of premises on which housing is located in the City to refuse, after being presented with a warrant as issued under General Statute 15-27.2, to permit the officer or his/her duly appointed agents to enter upon the said premises for the

purpose of making examinations as authorized by this Code. Violation of this section shall constitute a misdemeanor.

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Section: 4-40. Enforcement.

Complaint, notice, hearing. Whenever a complaint is filed with the officer by a public authority or by at least five (5) residents of the City, charging that any dwelling or dwelling unit is unfit for human habitation or whenever it appears to the officer upon inspection that any dwelling or dwelling unit is unfit for human habitation, he/she shall, if his/her 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 officer at a place within the county therein fixed, not less than ten (10) nor more than thirty (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 (1) of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the officer.

Written determination, procedure. After such notice and hearing, the officer shall state in writing his/her determination whether such dwelling or dwelling unit is unfit for human habitation and, if so, whether it is deteriorated or dilapidated.

1 If the officer determines that the dwelling or dwelling unit is deteriorated, he/she shall state in writing his/her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof any order directing and requiring the owner to repair, alter and improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this Article within a specified period of time not to be less than thirty (30) days nor to exceed ninety (90) days. Such order may also direct and authorize the officer to vacate and close such dwelling or dwelling unit until such repairs, alterations and improvements have been made. Upon application by the owner within the specified period of time, the officer may grant extensions of up to one year if the dwelling or dwelling unit is occupied by the owner, or up to one hundred eighty (180) days if the dwelling or dwelling unit is not occupied by the owner, for good cause shown.

2 If the officer determines that the dwelling or dwelling unit is dilapidated, he/she shall state in writing his/her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to vacate and repair or demolish it within a specified period of time not to be less than thirty (30) days nor to exceed ninety (90) days, unless an application for an extension of up to one hundred eighty (180) days is applied for by the owner and granted by the officer for good cause shown.

3 In order to be considered for an extension of time for compliance with an order issued pursuant to this Article, the owner must have made a good-faith effort to comply with the order and all dangerous conditions must have been repaired. The officer shall have sole authority to grant extensions.

4 If the officer determines that a dwelling unit is in a deteriorated or dilapidated condition and the dwelling unit is vacant the officer shall serve notice on the servicing utility agent that all utilities must be disconnected from the unit until which time the unit is brought into compliance with this Code.

5 If a dwelling unit is vacant when it is deemed to be deteriorated or dilapidated, the owner shall not be permitted to rent that unit or allow anyone to occupy it until all of the specified improvements have been made.

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 officer to repair, alter or improve the same within the time specified therein or if the owner of a dilapidated dwelling shall fail to comply with an order of the officer to vacate and close and remove or demolish the same within the time specified therein, the officer shall submit to the City Council at their next regular meeting a resolution directing the City Attorney to petition the superior court for an order directing such owner to comply with the order of the officer, as authorized by G.S. section 160A-446(g).

2 In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, to comply with an order of the officer within the time specified therein, if injunctive relief has been sought or has not been granted as provided in subsection (c)(1), the officer shall submit to the City Council an ordinance ordering the officer to cause such dwelling or dwelling unit to be repaired, altered, improved or vacated and closed and removed or demolished as provided in the original order of the officer, and pending such removal or demolition, shall placard such dwelling as provided by G.S. section 160A-443 and section 4-46 of this Article.

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Section: 4-41. Methods of service of complaints and orders.

Complaints or orders issued by the officer shall be served upon persons either personally or by registered or certified mail. If the whereabouts of persons are unknown and cannot be ascertained by the officer in the exercise of reasonable diligence, and the officer makes an affidavit to that effect, then the serving of the complaint or order upon the person may be made by publication in a newspaper having general circulation in the city at least once no later than the time at which personal service would be required under the provisions of this Article. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

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Section: 4-42. Action to remove occupant.

If any owner fails to comply with an order to vacate a dwelling, the officer may file a civil action in the name of the City to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying such dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date and place not to exceed ten (10) days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided 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 officer produces a certified copy of an ordinance adopted by the City Council pursuant to G.S. 160A-443(5) authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgement ordering that the premises be vacated and that all persons be removed. The judgement ordering that the dwelling be vacated shall be enforced in the same manner as the judgement for summary ejectment entered under G.S. 42-30. An appeal from any judgement entered under this section by the magistrate may be taken as provided in G.S. 7A-228, and the execution of such judgement may be stayed as provided in G.S. 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this section unless such occupant was served with notice at least thirty (30) days before the filing of the summary ejectment proceeding that the City Council has ordered the officer to proceed to exercise his/her duties under G.S. 160A-443(4) and (5) to vacate and close or remove and demolish the dwelling.

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Section: 4-43. Procedure for repairing, closing or demolishing certain abandoned structures.

In addition to the exercise of police power authorized herein with respect to dwellings, the City shall cause to be repaired, closed or demolished any abandoned structure which the City Council finds to be a health or safety hazard as a result of 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. The repair, closing or demolition of such structures shall be pursuant to the same provisions and procedures as are prescribed in section 4-32 of this Article for the repair, closing or demolition of dwellings found to be unfit for human habitation.

For purposes of this section, "abandoned structure" shall mean any structure that has not been occupied or used, by its owner or by some person acting under authority of its owner, for a continuous period of thirty (30) days or longer and which is determined by the Housing Code Enforcement Officer to be unfit for human habitation or occupancy based upon the standards as set forth in this Article.

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Section: 4-44. Zoning Board of Adjustment to hear appeals.

All appeals which may be taken from decisions or orders of the officer under the provisions of this Article shall be heard and determined by the Zoning Board of Adjustment.

(Ord. Of 4-8-76, § 20)

Cross reference-Zoning, App. A.

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Section: 4-45. Appeals.

An appeal to the decision of the Housing Code Enforcement Officer must be made in writing to the Zoning Administrator and post marked, if mailed, within ten (10) days from receipt of the decision or order of the Housing Code Enforcement Officer. This appeal consists of a letter to the Zoning Administrator notifying them of the intent to appeal. In addition, within one month of the date of the letter of notification of intent to appeal, the appellant must pay the Board of Adjustment fee, which is set by the City Council, as well as submit a formal application to the Zoning Administrator which shall specify specific grounds for appeal. The appealing party shall be notified by the Zoning Administrator of the date, place, and time of the Board of Adjustment hearing. The appeal will be scheduled at the next Planning and Zoning Board Meeting, as they also act as the Board of Adjustment. It is the responsibility of the appellant to attend the scheduled hearing and make their presentations. The Community Development and Housing Code Enforcement Administrator shall submit all documents constituting the record upon which the Housing Code Enforcement Officer’s decision was made to the Board of Adjustment. The Board of Adjustment may reverse, affirm, in whole or in part, or may modify the decision or order appealed. The Board of Adjustment shall have the power also in passing upon appeals in any case where there are practical difficulties or undue hardships in the way of carrying out the strict letter of the Code, to adapt the application of the Code to the necessities of the case to the end that the spirit of the Code shall be observed, public health, safety and general welfare secured, and substantial justice done. Every decision of the Board of Adjustment shall be subject to review by proceedings in the nature of criteria instituted in the Cabarrus County Superior Court within fifteen (15) days after the written decision of the Board of Adjustment filed, but not otherwise.

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Section: 4-46. Action by officer; placarding; record of ordinance.

After failure of an owner of a dwelling or dwelling unit to comply with an order of the officer issued pursuant to the provision of this Article and upon adoption by the City Council of an ordinance authorizing and directing him/her to do so, as provided by G.S. section 160A-443(5) and section 4-40(c ) of this Article, the officer 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 the ordinance of the City 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 such ordinance shall be recorded in the office of the Register of Deeds for the county and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. section 160A-443(5).

(Ord. Of 4-8-76, § 17)

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Section: 4-47. Securing vacated property; approval before re-occupancy.

Dwellings or dwelling units ordered vacated by the officer shall have all outer doors firmly locked and basement, cellar and first-story windows barred or boarded to prevent entry, and shall not again be used for human habitation until written approval is secured from the officer. If the owner closes and secures a dwelling pursuant to an order issued by the officer and thereafter the dwelling or dwelling unit is unlawfully opened, the officer shall serve the owner with an order to re-close and secure the dwelling or dwelling unit within fifteen (15) days after service of the order. Any person who fails to comply with an order to re-close and secure a dwelling or dwelling unit shall be subject to the civil penalty provided for in section 4-36 of this chapter.

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Section: 4-48. Costs; lien.

As provided by G.S. section 160A-443(6), the amount of the cost of any repairs, alterations or improvements, or vacating and closing, or removal or demolition caused to be made or done by the officer pursuant to section 4-46 of 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 G.S. Chapter 160A, Article 10 (section 160A-216 et seq.).

(Ord. Of 4-8-76, § 18)

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Section: 4-49. Non-liability of City Personnel.

No officer, agent or employee of the City of Concord, acting in good faith and without malice in the discharge of his/her duties shall not render themselves personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his/her duties under this Code. Any suit brought against any officer, employee or agent of the City of Concord as a result of such an act or omission performed in the enforcement of this Code shall be defended by the jurisdiction until final determination and any judgment thereof shall be assumed by the jurisdiction. This Code shall not relieve or lessen the responsibility of an owner, operator or controller of a building for any damages to the person or property caused by defects, nor shall the Building Department or its jurisdiction be held to assume any such liability by reason of inspection or permits authorized by this Code.

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Section: 4-50. Remedial authority of City.

Neither this Article or any of its provisions shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this Article by criminal process as authorized by G.S. section 14-4 and section 4-36 of this Article. 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.

(Ord. Of 4-8-76, § 19)

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Section: 4-51. Compliance.

Every dwelling and dwelling unit used as a human habitation or held out for use as a human habitation shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 4-53 - 4-58. After the time limit set by the officer for compliance has expired, no person shall occupy as owner-occupant or let to another for occupancy or receive rentals 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 4-53 - 4-58. All work performed on a dwelling or dwelling unit for the purpose of bringing it into compliance with this Article shall be done in a workmanlike manner.

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Section: 4-52. Emergency cases; unsafe conditions.

The Housing Code Enforcement Officer shall determine that a dwelling or dwelling unit is unsafe and represents a threat to life and property, if any of the following conditions exist:

1 No operating heating facilities between November 1 and March 31 of any year.

2 No potable water service.

3 No hot water supply.

4 No electricity.

5 Failing or failed primary structural members that threaten the stability of the dwelling or dwelling unit and/or visible structural defects that appear to render the structural members ineffective.

6 Improperly operating or no sanitary facilities.

7 Overloaded electrical circuits or unsafe or exposed electrical wiring.

8 Presence of raw sewage or open sewer, inside the dwelling or dwelling unit, whether from broken, plugged or inoperative fixtures or pipes inside the dwelling or dwelling unit or migrating into the dwelling or dwelling unit from the outside.

9 Presence of un-contained flammable or combustible liquids or gases, poisonous solids, liquids or gases or life or health threatening depletion of oxygen.

10 Missing roof, or part of roof missing.

11 Chimney or vent flues clogged.

12 The dwelling or dwelling unit is a physical threat due to immediate possibility of collapse.

13 The primary means of exit or escape in the event of fire or other emergency is blocked or structurally unsafe.

14 Occupancy of habitable space that does not meet below grade occupancy standards.

15 Internal accumulation of garbage or debris.

16 Interior wall sheathing or sheeting that is not present, or has been removed, to a point where there is little or no protection from the spread of fire from story to story, or from habitable spaces to bedrooms.

17 Multiple violations of the standards set forth in the minimum standards section of this Article.

The Housing Code Enforcement Officer shall give priority enforcement to any dwelling or dwelling unit that falls within the provisions of this section.

Upon discovering a violation of subsection (A) and in order to protect the life and safety of occupants of a building, the Housing Code Enforcement Officer shall request in writing that the owner resolve all emergency and unsafe conditions listed within forty-eight (48) hours. In the event that the owner fails to make the requested corrections, the officer may order the dwelling or dwelling unit vacated as provided by section 4-42 of this Article. The officer may pursue any other civil or criminal action as he deems reasonably necessary in order to effectuate the purposes of this section.

In emergency and unsafe conditions, the officer shall have the power after forty-eight (48) hours to 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.

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Section: 4-53. Structural Standards.

FOUNDATION: Foundations shall conform to the following:

1 Beneath the building there shall be firm ground, which is reasonably dry, properly drained and no water running under the building.

2 There shall be sound footings capable of providing adequate bearing.

3 Piers shall be sound with no loose mortar or masonry.

4 There shall be no piers in which the plumb line from the top center falls outside the middle one-third (1/3) of the pier base.

5 There shall be no isolated solid masonry piers exceeding in height ten (10) times the least dimension of the pier.

6 There shall be no wood stiff-knee or other improper piers allowed.

FLOORS: Floors shall conform to the following:

1 There shall be no decayed, termite-damaged, fire-damaged, broken, overloaded or sagging sills.

2 Sills shall be properly supported and reasonably level.

3 Joists shall not be overloaded, sagging or broken, and shall be structurally sound and not likely to cause structural weakness in the future.

4 Maximum spans for floor joist and sills, providing they show signs of being weak or overloaded, shall comply with the requirements of the state Residential Building Code.

5 Flooring shall be weather tight without holes or excessive cracks which permit air to penetrate rooms.

6 Flooring shall be reasonably smooth and not decayed, fire damaged or excessively worn.

7 There shall be no loose flooring.

8 Floors shall be reasonably level.

9 The flooring in each room shall consist of the same or similar material, impervious to water; and where covering or finishing is provided, such covering or finishing shall be reasonably smooth for sanitary maintenance and not excessively worn.

WALLS, exterior: Exterior walls shall conform to the following:

1 There shall be no wall in which the plumb line from the top center of studs falls outside the base plate at any point along the wall.

2 Maximum spacing for studding, providing they show signs of being weak or overloaded, shall comply with the requirements of the state Residential Building Code.

3 Studs shall be structurally sound and not likely to cause structural weakness in the future.

4 There shall be no broken or cracked structural members.

5 All siding shall be painted or treated to be weather tight, with no holes or excessive cracks or decayed boards which permit air to penetrate rooms.

6 There shall be no loose siding.

7 There shall be no deterioration because of lack of preventive maintenance consisting of painting, waterproofing, and repair.

WALLS, Interior: Interior walls shall conform to the following:

1 Interior finish shall be free of holes and excessive cracks which permit air to penetrate rooms. Paint or wallpaper, shall be free of chips or excessive peeling.

2 There shall be no walls in which the plumb line from the top center of studs falls outside the base plate at any point along the wall.

3 There shall be no loose plaster, loose boards, or other loose wall materials.

4 There shall be no cardboard, newspaper or highly combustible or improper wall finish; and all wall materials shall be of the same or similar quality and material.

5 Maximum spacing for studding, providing they show signs of being weak or overloaded, shall comply with the requirements of the state Residential Building Code.

6 Studs shall be structurally sound and not likely to cause structural weakness in the future.

7 There shall be no broken or cracked studs or other structural members.

CEILINGS: Ceilings shall conform to the following:

1 There shall be no joists which are decayed, broken, sagging, or improperly supported at the ends.

2 Maximum spacing for ceiling joists, providing they show signs of sagging and being weak, shall comply with the requirements of the state Residential Building Code.

3 Maximum spans for ceiling joists, providing they show signs of being weak or overloaded, shall comply with the requirements of the state Residential Building Code.

4 There shall be no loose plaster, boards, gypsum wall board, or other ceiling finish.

5 There shall be no holes or excessive cracks which permit air and dust to penetrate rooms.

6 There shall be no cardboard, newspaper, highly combustible or improper ceiling finish; and all ceiling materials shall be of the same or similar quality and material.

7 Ceiling joists shall be structurally sound and not likely to cause structural weakness in the future.

ROOFS: Roofs shall conform to the following:

1 There shall be no rafters which are decayed, broken, or improperly supported at the ends.

2 No rafters shall be seriously damaged by fire.

3 The attic shall be properly ventilated.

4 Sheathing shall not be loose and shall be structurally sound and not likely to cause structural weakness in the future.

5 There shall be no loose roof covering, no holes, and no leaks causing damage to the structure or rooms.

6 There shall be a minimum of Class "C" roof covering.

7 There shall be proper flashing at walls and/or chimneys.

PORCHES: Porches shall conform to the following:

1 The floor, ceiling, and roof shall be equal to requirements set forth above, except sills, joists, and floors need not be level if providing drainage of floors; floors need not be weather tight; the ceiling height may be seven (7) feet; and the attic need not be vented.

2 If required to be replaced or if no railings or guards are provided, each porch, terrace or entrance platform located more than thirty (30) inches above adjacent finished grade shall be equipped with railings or guards not less than thirty-six (36) inches high, and shall have pickets installed so as not to allow a sphere greater than (6) six inches to pass through. Horizontal spacing between the vertical members in required guardrails shall be a maximum of four (4) inches at the nearest point between the members.

3 If post and railings are provided, they shall be structurally sound and not likely to cause structural weakness in the future.

STAIRS and STEPS: Stairs and Steps shall conform to the following:

1 Stairs and steps shall be free of holes, grooves, and cracks large enough to constitute accident hazards.

2 Stairwells and flights of stairs more than four (4) risers high shall have rails on at least one (1) side and a guardrail on all open sides not less than thirty (30) inches nor more than thirty-eight (38) inches measured vertically from the nose of the treads to the top of the rail.

3 Every rail shall be firmly fastened and maintained in good condition.

4 No flight of stairs shall be settled more than one (1) inch out of its intended position or pulled away from supporting or adjacent structures.

5 Supports shall not sag and shall be structurally sound and not likely to cause structural weakness in the future.

6 Every stair riser shall be reasonably uniform in height, and treads shall be sound and securely fastened in position and strong enough to bear a concentrated load of at least three hundred (300) pounds without danger of breaking through.

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Section: 4-54. Basic Equipment and Facilities.

Plumbing System:

1 Each dwelling unit shall be connected to a potable water supply system. "Potable water supply" means direct connection to a well, to a public water utility or equivalent approved water service delivery system.

2 Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and water closet with an adequate supply of both cold water and hot water properly connected to an approved public sewer disposal facility or a sewer system approved by the County Health Department.

3 Every plumbing fixture shall be equipped with safety shut-off valves and maintained in good sanitary and working condition, free from leaks, defects, and obstructions in compliance with the standards of the North Carolina Plumbing Code.

4 Every dwelling shall have a water heater equipped with approved relief valves and properly connected to deliver hot water to the kitchen sink, lavatory, tub / shower and laundry area.

5 All required plumbing facilities, such as water closets, tub and/or shower shall be accessible to all occupants affording privacy to the user.

Heating System:

1 Every dwelling shall have a heating system, central or other, properly installed and maintained in a good and safe working condition capable of adequately heating and maintaining all habitable rooms and bathrooms to a minimum temperature of sixty eight (68) degrees three (3) feet above the floor between November 1 and March 31 of any year.

2 Where a central or electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues and gas vents whereby heating appliances may be connected so as to heat all habitable rooms to the minimum temperature of sixty eight (68) degrees three (3) feet above the floor during winter..

3 All heating systems shall be properly vented.

a. There shall be no holes in flues.

b. Thimbles shall be grouted in tightly and shall not be cracked or broken.

c. Chimneys shall not have any loose bricks.

d. There shall be no hanging chimneys.

Electrical System:

1 Lights and Outlets: Lights and Outlets shall conform to the following:

a. No receptacles, ceiling fixtures, or other fixtures shall be hanging loose.

b. All switches and receptacles shall be safely operable.

c. Every habitable room shall contain not less than two (2) wall-type electrical convenience receptacles.

d. There shall be installed in every habitable room, bathroom, laundry room, hallway, stairway and furnace room at least one supplied ceiling or wall-type electrical light fixture; provided, further, that the ceiling light fixture may be omitted in living room and bedrooms, provided three (3) electrical convenience receptacles are installed, one (1) of which is controlled from a wall switch.

e. There shall be no unsafe wiring and all wiring shall be installed in accordance with the National Electric Code.

f. There shall be no drop or extension cords in excess of six (6) feet in length.

g. No circuits shall be overloaded.

h. Fuses shall be sized correctly and not bridged out.

i. Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times.

2 Smoke Detectors:

a. A minimum of one (1) 120-volt permanently connected automatic smoke detector shall be installed in all dwelling units on each habitable floor level and basement. Floor levels containing one (1) or more sleeping areas shall have a smoke detector installed outside each sleeping area at, or near, the ceiling level. All required smoke detectors shall be supplied by a branch circuit serving one or more of the required lighting outlets and permanently connected ahead of switching devices.

3 Electric Service:

a. Adequate electric service must be provided to the dwelling. "Adequate" means a minimum of sixty (60) ampere service with no more than five (5) two-wire branch circuits connected and a total connected load of less than ten (10) kilowatts. If a service has six (6) or more two-wire branch circuits, one hundred (100) ampere service at a minimum must be provided. If the connected electrical load exceeds the capacity of a one hundred (100) ampere service, a service of sufficient ampere capacity to safely bear the connected electrical load shall be furnished. Drop cords from a neighboring source, generator or similar source are not "adequate" for purposes of this Code.

b. Every new or additional electrical outlet and fixture required by the Code shall be installed, maintained and connected to a source of electric power in accordance with the provisions of the North Carolina Building Code.

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Section: 4-55. Ventilation.

Window area generally: Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors.

The minimum total window area, measured between stops, for every habitable room shall be eight (8) square feet or eight (8) percent of the floor area of such room.

The total of openable window area in each habitable room shall be equal to at least one-half (½) of the required minimum glazed area.

Bathrooms, water closet compartments and other similar rooms shall be provided with aggregate glazing in windows or not less than three (3) square feet, one half (½) of which must be openable.

Windows in bathrooms shall not be required where artificial light and an approved mechanical ventilation system capable of producing a change of air every twelve (12) minutes are provided.

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Section: 4-56. Habitable space.

Room sizes. Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the Residential Building Code. Every dwelling unit shall contain at least one hundred fifty (150) square feet of habitable floor area for the first occupant, at least one hundred (100) square feet of additional habitable area for each of the next three (3) occupants, and at least seventy-five (75) square feet of additional habitable floor area for each additional occupant. In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and over and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age.

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

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

Cellar. No cellar shall be used for living purposes.

Basements. No basement shall be used for living purposes unless the:

1 Floor and walls are substantially watertight;

2 Total window area, total open able window area, and ceiling height are equal to those required for habitable rooms;

3 Required minimum window area of every habitable room is entirely above the grade adjoining such window area except where windows face a stairwell, window well or access way.

(Ord. Of 4-8-76, § 7)

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Section: 4-57. Safe and sanitary maintenance.

Foundation, exterior walls and roofs. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture of the weather. Every foundation wall, exterior wall and exterior roof shall be:

1 Substantially weather tight and rodent proof;

2 Kept in sound condition and good repair;

3 Capable of affording privacy; and

4 Safe to use and capable of supporting the load which normal use may cause to be placed thereon.

Interior floors, doors, walls and ceilings. Every floor, interior door, interior wall and ceiling shall be:

1 Substantially rodent proof;

2 Kept in sound condition and good repair; and

3 Safe to use and capable of supporting the load which normal use may cause to be placed thereon.

Windows and exterior doors. Every window, window space, exterior door, basement or cellar door and hatchway shall be:

1 Substantially weather tight, watertight and rodent proof; and

2 Kept in sound working condition and good repair.

Stairs, porches and appurtenances. Every inside and outside stair, porch and any appurtenance thereto shall be:

1 Safe to use and capable of supporting the load that normal use may cause to be placed thereon; and

2 Kept in sound condition and good repair.

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

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

Drainage. Every yard shall be properly graded to attain thorough drainage and to prevent the accumulation of stagnant water.

Noxious weeds. Every yard and all exterior property areas shall be kept free of species of weeds or plant growth that are noxious or detrimental to health or provide shelter or breeding places for rodents or snakes.

Egress. Every dwelling unit shall be provided with adequate means of egress as required by the state Building Code.

Accessory structures. Every fence and accessory structure shall be:

1 Properly maintained in a safe, clean, sanitary, and substantial condition; and

2 Free from physical hazards and other matter detrimental to public health or safety;

3 Exterior surfaces, not inherently resistant to deterioration, shall be treated with a protective coating, such as paint or other suitable preservative, and with sufficient frequency to prevent deterioration;

4 Any electrical, plumbing, heating, or other utilities furnished to an accessory structure shall be installed in accordance with applicable provisions and maintained in a safe condition.

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Section: 4-58. Control of insects, rodents and infestations.

Screens. In every dwelling unit, for protection against mosquitoes, flies and other insects, every window opening directly from a dwelling unit to outdoor space shall have screens installed. Screens are not required to be supplied or installed if the dwelling unit is equipped with a central air conditioning system. If the dwelling unit is supplied with a window air conditioning unit, only the room containing the unit is exempt from the required window screens

Rodents. All openings into habitable space shall be minimized to prevent the entrance of rodents. Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement shall be supplied with screens installed or such other approved device as will effectively prevent the entrance of rodents.

Infestation. Every owner of a dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in or on the premises. The extermination shall be provided within fifteen (15) days of the date of notice from the Housing Code Enforcement Officer.

Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied by the owner with approved containers and covers for storage of rubbish as required by the City and the agent in control of such dwelling or dwelling unit shall be responsible for the removal of rubbish.

Garbage storage and disposal. Every single family dwelling unit shall be supplied by the owner thereof with garbage storage containers adequate in size and number to accommodate one-week’s anticipated garbage for that family. In a dwelling containing more than one (1) dwelling unit, the owner shall either supply each individual family with separate garbage storage facilities for storing an anticipated one week’s garbage for that family or supply garbage storage facilities to be used jointly by all of the families housed therein, such joint facilities to be large enough to hold the anticipated garbage for all of the families housed therein as deemed appropriate by the street superintendent. The agent in control of any premises shall be responsible for the proper use of the garbage storage facilities.

(Ord. Of 4-8-76, § 9)

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Section: 4-59. Applicability to rooming houses; exceptions.

All of the provisions of this Article and all of the minimum standards and requirements of this Article shall be applicable to rooming houses and to every person who operates a rooming house or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as provided in the following subsections:

1 Water closet, hand lavatory and bath facilities. At least one (1) water closet, lavatory basin and bathtub or shower properly connected to an approved water supply and sewer disposal system and in good working condition shall be supplied for each three (3) bedrooms within a rooming house wherever the 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 no more than one (1) story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar.

2 Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and over and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age.

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

4 Juxtaposition of 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 rooming house and within rooms that afford privacy and are separate from the habitable rooms, and that are accessible from a common hall without going outside the rooming house or through any other room.

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Section: 4-60. Responsibilities of owners and occupants.

Every owner shall remain ultimately responsible for any violations of responsibilities imposed upon him/her by this Code or any other ordinance even though a similar responsibility may have been imposed upon the occupant by the owner and even though the occupant may have agreed to bear the responsibility imposed by ordinance upon the owner.

1. Street Address. Each dwelling shall bear a street address number of a color contrasting with the surface on which the number is mounted, such numbers to be of sufficient size to be visible from the nearest public street, but not less than two (2) inches in height. If the dwelling is not visible from the nearest public street, a sign or standard bearing the address number shall be placed on the principle public street access point to the dwelling, such number to meet the standards set forth herein.

2. Public areas. Every owner of a dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and its premises.

3. 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/she occupies and controls.

4. Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all his/her 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 furnishing rubbish and garbage storage facilities.

5. Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation.

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

7. Interior furniture and appliances. No occupant shall maintain, store, use, or operate interior furniture or appliances on the exterior of a dwelling or dwelling unit.

8. Emergency and unsafe conditions. Every owner shall, in order to protect the life and safety of occupants of a dwelling or dwelling unit, within forty-eight (48) hours after being notified in writing by an Housing Code Enforcement Officer, resolve any conditions listed in section 4-52 of this Article.

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Section: 4-61. Outdoor swimming pools.

Fence required. In the interest of public safety and particularly the safety of children, all outdoor swimming pools (except commercial pools and pools operated by hotels or motels and under constant surveillance) in the City consisting of at least four hundred fifty (450) square feet of water surface area, or having a depth of water of thirty-six (36) inches or greater at its shallowest point, or requiring connection of a filtering device to an electrical system, shall be completely surrounded by a fence or a wall not less than four (4) feet in height. Said fence or wall shall be constructed as not to have any openings greater than sixteen (16) square inches or four (4) inches in any direction. In the case of erection of a picket fence, the distance between pickets shall not exceed five (5) inches. A fence or wall may be made by any material including wood, metal, wire, masonry, concrete, tile, hedge, shrubs, and plastic material, or any combination of these or other suitable materials if the openings do not exceed the maximum width described above. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such fence or wall shall have self-closing and self-latching devices for keeping the gate or door closed at all times when not in actual use except that the door of any dwelling which is considered part of the enclosure need not be so equipped. No person in possession of land in the City, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool shall fail to provide and maintain such fence or wall as herein provided, except where an owner’s lot or premises is completely enclosed by a fence or wall which meets the requirements of this section.

Modifications and exceptions. The Housing Code Enforcement Officer may make modifications in individual cases, upon a showing of good cause with respect to the height, nature or location of the fence, wall, gates, or latches provided that the minimum degree of protection as provided with the standard requirements are not reduced. The Housing Code Enforcement Officer may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less that the protection afforded by the wall, fence, gate, and latch as specified above. The Housing Code Enforcement Officer shall allow a reasonable period up to one hundred twenty (120) days or more within which fences or walls or other protective enclosures shall be placed around existing pools to comply with the requirements of this section.

(Ord. No. 90-109, 12-13-90)

Sections 4-62 - 4-65. Reserved.

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Address:
P.O. Box 308
41 Cabarrus Ave w
Concord, NC 28026

Guy Smith
Chief of Police
(704) 920-5007

911 Emergency

Information Desk/Customer Service
(704) 920-5000
or (704) 920-5018

Communications
(704) 920-5580

Police Records
(704) 920-5052

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(704) 920-5801

Traffic Enforcement
(704) 920-5029

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(704) 920-5055