Bill Text: NC H530 | 2015-2016 | Regular Session | Introduced
Bill Title: Local Gov'ts/Inspect Bldgs & Structures
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2015-04-28 - Serial Referral To Finance Added [H530 Detail]
Download: North_Carolina-2015-H530-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H D
HOUSE DRH40222-LM-83D* (03/10)
Short Title: Local Gov'ts/Inspect Bldgs & Structures. |
(Public) |
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Sponsors: |
Representative Brawley. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT revising the conditions under which counties and cities may inspect buildings or structures.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 153A‑364 reads as rewritten:
"§ 153A‑364.
Periodic inspectionsInspections for hazardous or unlawful
conditions.
(a) The inspection department may make periodic inspections,
subject to the board of commissioners' directions, for unsafe, unsanitary, or
otherwise hazardous and unlawful conditions in buildings or structures within
its territorial jurisdiction. Except as provided in subsection (b) of this
section, the inspection department may make periodic inspections only
when there is reasonable cause to believe that unsafe, unsanitary, or otherwise
hazardous or unlawful conditions may exist in a residential building or
structure. For purposes of this section, the term "reasonable cause"
means any of the following: (i) the landlord or ownerproperty has
a history of more than two seven verified violations of the
housing ordinances or codes within a rolling 12‑month period; (ii)
there has been a complaint that substandard conditions exist within the
building or there has been a request that the building be inspected; (iii) the
inspection department has actual knowledge of an unsafe condition within the
building; or (iv) violations of the local ordinances or codes are visible from
the outside of the property. In conducting inspections authorized under this
section, the inspection department shall not discriminate between single‑family
and multifamily buildings.buildings or between owner‑occupied
and tenant‑occupied buildings. In exercising these powers, each
member of the inspection department has a right, upon presentation of proper
credentials, to enter on any premises within the territorial jurisdiction of
the department at any reasonable hour for the purposes of inspection or other
enforcement action. Nothing in this section shall be construed to prohibit
periodic inspections in accordance with State fire prevention code or as otherwise
required by State law.
(b) A county may require periodic inspections
as part of a targeted effort to respond to blighted or potentially blighted
conditions within a geographic area that has been designated by the county
commissioners. However, the total aggregate of targeted areas in the county
at any one time shall not be greater than one square mile or five percent (5%)
of the area within the county, whichever is greater. A targeted area designated
by the county shall reflect the county's stated neighborhood revitalization
strategy and shall consist of property that meets the definition of a "blighted
area" or "blighted parcel" as those terms are defined in G.S. 160A‑503(2)
and G.S. 160A‑503(2a), respectively, except that for purposes of
this subsection the planning commission is not required to make a determination
as to the property. The county shall not discriminate in its selection
of areas or housing types to be targeted and shall (i) provide notice to
all owners and residents of properties in the affected area about the periodic
inspections plan and information regarding a public hearing regarding the
plan; (ii) hold a public hearing regarding the plan; and (iii) establish a plan
to address the ability of low‑income residential property owners to
comply with minimum housing code standards. A residential building or structure
that is subject to periodic inspections by the North Carolina Housing Finance
Agency (hereinafter "Agency") shall not be subject to periodic inspections
under this subsection if the Agency has issued a finding that the building or
structure is in compliance with federal standards established by the United
States Department of Housing and Urban Development to assess the physical
condition of residential property. The owner or manager of a residential
building or structure subject to periodic inspections by the Agency shall,
within 10 days of receipt, submit to the inspection department a copy of the
Compliance Results Letter issued by the Agency showing that the residential building
or structure is in compliance with federal housing inspection standards. If the
owner or manager fails to submit a copy of the Compliance Results Letter as
provided in this subsection, the residential building or structure shall be
subject to periodic inspections as provided in this subsection until the
Compliance Results Letter is submitted to the inspection department.
(c) In no event may a county do any of the following:
(i) adopt or enforce any ordinance that would require any owner or manager of rental
property to obtain any permit or permission from the county to lease or rent
residential real property,property or to register rental property
with the county, except for those individual rental units that have either
more than three seven verified violations of housing
ordinances or codes in a rolling 12‑month period or two or more
verified violations in a rolling 30‑day period, or upon the property
being identified within the top 10% four percent (4%) of
properties with crime or disorder problems as set forth in a local ordinance;
(ii) require that an owner or manager of residential rental property enroll or
participate in any governmental program as a condition of obtaining a
certificate of occupancy; or (iii) except as provided in subsection (d) of
this section,occupancy; (iii) levy a special fee or tax on
residential rental property that is not also levied against other commercial
and residential properties.properties, unless expressly authorized by
general law or applicable only to an individual rental unit or property
described in clause (i) of this subsection and the fee does not exceed five
hundred dollars ($500.00) in any 12‑month period in which the unit or
property is found to have verified violations; (iv) require proof of
registration under clause (i) of this subsection, when applicable, be posted in
the business office, common area, or other conspicuous place; (v) provide that
any violation of a rental registration ordinance is punishable as a criminal
offense; or (vi) require any owner or manager of rental property to submit to
an inspection before receiving any utility service provided by the city. For
purposes of this section, the term "verified violation" means all of
the following:
(1) The aggregate of all violations of housing ordinances or codes found in an individual rental unit of residential real property during a 72‑hour period.
(2) Any violations that have not been corrected by the owner or manager within 30 days of receipt of written notice from the county of the violations. If the housing ordinance or code provides that any form of prohibited tenant behavior constitutes a violation by the owner or manager of the rental property, it shall be deemed a correction of the tenant‑related violation if the owner or manager, within 30 days of receipt of written notice of the tenant‑related violation, brings a summary ejectment action to have the tenant evicted.
(d) A county may levy a fee for residential
rental property registration under subsection (c) of this section for those
rental units which have been found with more than two verified violations of
housing ordinances or codes within the previous 12 months or upon the property
being identified within the top 10% of properties with crime or disorder
problems as set forth in a local ordinance. The fee shall be an amount that
covers the cost of operating a residential registration program and shall not
be used to supplant revenue in other areas. Counties using registration
programs that charge registration fees for all residential rental properties as
of June 1, 2011, may continue levying a fee on all residential rental
properties as follows:
(1) For properties with 20 or more
residential rental units, the fee shall be no more than fifty dollars ($50.00)
per year.
(2) For properties with fewer than 20 but
more than three residential rental units, the fee shall be no more than twenty‑five
dollars ($25.00) per year.
(3) For properties with three or fewer
residential rental units, the fee shall be no more than fifteen dollars
($15.00) per year.
(e) If a property is identified by the county as being in the top four percent (4%) of properties with crime or disorder problems, the county shall notify the landlord of any crimes, disorders, or other violations that will be counted against the property to allow the landlord an opportunity to attempt to correct the problems. In addition, the county and the county sheriff's department shall assist the landlord in addressing any criminal activity, including testifying in court in a summary ejectment action or other matter to aid in evicting a tenant who has been charged with a crime. If the county or the county sheriff's department does not cooperate in evicting a tenant, the tenant's behavior or activity at issue shall not be counted as a crime or disorder problem as set forth in the local ordinance, and the property may not be included in the top four percent (4%) of properties as a result of that tenant's behavior or activity.
(f) If the county takes action against an individual rental unit under this section, the owner of the individual rental unit may appeal the decision to the housing appeals board, if created under G.S. 160A‑446, or the planning board, if created under G.S. 153A‑321, or if neither is created, the county manager or the county manager's designee. The board or manager shall fix a reasonable time for hearing appeals, shall give due notice to the owner of the individual rental unit, and shall render a decision within a reasonable time. The owner may appear in person or by agent or attorney. The board or manager may reverse or affirm the action, wholly or partly, or may modify the action appealed from, and may make any decision and order that in the opinion of the board or manager ought to be made in the matter."
SECTION 2. G.S. 160A‑424 reads as rewritten:
"§ 160A‑424.
Periodic inspections.Inspections for hazardous or unlawful
conditions.
(a) The inspection department may make periodic inspections,
subject to the council's directions, for unsafe, unsanitary, or otherwise
hazardous and unlawful conditions in buildings or structures within its
territorial jurisdiction. Except as provided in subsection (b) of this section,
the inspection department may make periodic inspections only when there
is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous
or unlawful conditions may exist in a residential building or structure. For
purposes of this section, the term "reasonable cause" means any of
the following: (i) the landlord or ownerproperty has a history of
more than two seven verified violations of the housing ordinances
or codes within a rolling 12‑month period; (ii) there has been a
complaint that substandard conditions exist within the building or there has
been a request that the building be inspected; (iii) the inspection department
has actual knowledge of an unsafe condition within the building; or (iv)
violations of the local ordinances or codes are visible from the outside of the
property. In conducting inspections authorized under this section, the
inspection department shall not discriminate between single‑family and
multifamily buildings.buildings or between owner‑occupied and
tenant‑occupied buildings. In exercising this power, members of the
department shall have a right to enter on any premises within the jurisdiction
of the department at all reasonable hours for the purposes of inspection or
other enforcement action, upon presentation of proper credentials. Nothing in
this section shall be construed to prohibit periodic inspections in accordance
with State fire prevention code or as otherwise required by State law.
(b) A city may require periodic inspections as
part of a targeted effort to respond to blighted or potentially blighted
conditions within a geographic area that has been designated by the city
council. However, the total aggregate of targeted areas in the city at any
one time shall not be greater than one square mile or five percent (5%) of the
area within the city, whichever is greater. A targeted area designated by the city
shall reflect the city's stated neighborhood revitalization strategy and shall
consist of property that meets the definition of a "blighted area" or
"blighted parcel" as those terms are defined in G.S. 160A‑503(2)
and G.S. 160A‑503(2a), respectively, except that for purposes of
this subsection the planning commission is not required to make a determination
as to the property. The municipality shall not discriminate in its
selection of areas or housing types to be targeted and city shall
(i) provide notice to all owners and residents of properties in the affected
area about the periodic inspections plan and information regarding a
public hearing regarding the plan; (ii) hold a public hearing regarding the
plan; and (iii) establish a plan to address the ability of low‑income
residential property owners to comply with minimum housing code standards. A
residential building or structure that is subject to periodic inspections by
the North Carolina Housing Finance Agency (hereinafter "Agency")
shall not be subject to periodic inspections under this subsection if
the Agency has issued a finding that the building or structure is in compliance
with federal standards established by the United States Department of Housing
and Urban Development to assess the physical condition of residential property.
The owner or manager of a residential building or structure subject to periodic
inspections by the Agency shall, within 10 days of receipt, submit to the
inspection department a copy of the Compliance Results Letter issued by the
Agency showing that the residential building or structure is in compliance with
federal housing inspection standards. If the owner or manager fails to submit a
copy of the Compliance Results Letter as provided in this subsection, the
residential building or structure shall be subject to periodic inspections
as provided in this subsection until the Compliance Results Letter is submitted
to the inspection department.
(c) In no event may a city do any of the following:
(i) adopt or enforce any ordinance that would require any owner or manager of
rental property to obtain any permit or permission from the city to lease or
rent residential real property,property or to register rental
property with the city, except for those properties individual
rental units that have either more than three seven verified
violations in a rolling 12‑month period or two or more verified
violations in a rolling 30‑day period, or upon the property being
identified within the top 10% four percent (4%) of properties
with crime or disorder problems as set forth in a local ordinance; (ii) require
that an owner or manager of residential rental property enroll or participate
in any governmental program as a condition of obtaining a certificate of
occupancy; or (iii) except as provided in subsection (d) of this section, (iii)
levy a special fee or tax on residential rental property that is not also
levied against other commercial and residential properties.properties,
unless expressly authorized by general law or applicable only to an individual
rental unit or property described in subdivision (i) of this subsection and the
fee does not exceed five hundred dollars ($500.00) in any 12‑month period
in which the unit or property is found to have verified violations; (iv)
require proof of registration under clause (i) of this subsection, when
applicable, be posted in the business office, common area, or other conspicuous
place; (v) provide that any violation of a rental registration ordinance is
punishable as a criminal offense; or (vi) require any owner or manager of rental
property to submit to an inspection before receiving any utility service
provided by the county. For purposes of this section, the term "verified
violation" means all of the following:
(1) The aggregate of all violations of housing ordinances or codes found in an individual rental unit of residential real property during a 72‑hour period.
(2) Any violations that have not been corrected by the owner or manager within 30 days of receipt of written notice from the city of the violations. If the housing ordinance or code provides that any form of prohibited tenant behavior constitutes a violation by the owner or manager of the rental property, it shall be deemed a correction of the tenant‑related violation if the owner or manager, within 30 days of receipt of written notice of the tenant‑related violation, brings a summary ejectment action to have the tenant evicted.
(d) A city may levy a fee for residential
rental property registration under subsection (c) of this section for those
rental units which have been found with more than two verified violations of
local ordinances within the previous 12 months or upon the property being
identified within the top 10% of properties with crime or disorder problems as
set forth in a local ordinance. The fee shall be an amount that covers the cost
of operating a residential registration program and shall not be used to
supplant revenue in other areas. Cities using registration programs that charge
registration fees for all residential rental properties as of June 1, 2011, may
continue levying a fee on all residential rental properties as follows:
(1) For properties with 20 or more
residential rental units, the fee shall be no more than fifty dollars ($50.00)
per year.
(2) For properties with fewer than 20 but
more than three residential rental units, the fee shall be no more than twenty‑five
dollars ($25.00) per year.
(3) For properties with three or fewer
residential rental units, the fee shall be no more than fifteen dollars
($15.00) per year.
(e) If a property is identified by the city as being in the top four percent (4%) of properties with crime or disorder problems, the city shall notify the landlord of any crimes, disorders, or other violations that will be counted against the property to allow the landlord an opportunity to attempt to correct the problems. In addition, the city and the city's police department or, if the city has no police department, the county sheriff's department shall assist the landlord in addressing any criminal activity, including testifying in court in a summary ejectment action or other matter to aid in evicting a tenant who has been charged with a crime. If the city, the city's police department, or where applicable the county sheriff's department, does not cooperate in evicting a tenant, the tenant's behavior or activity at issue shall not be counted as a crime or disorder problem as set forth in the local ordinance, and the property may not be included in the top four percent (4%) of properties as a result of that tenant's behavior or activity.
(f) If the city takes action against an individual rental unit under this section, the owner of the individual rental unit may appeal the decision to the housing appeals board, if created under G.S. 160A‑446, or the planning board, if created under G.S. 160A‑361, or if neither is created, the city manager or the city manager's designee. The board or manager shall fix a reasonable time for hearing appeals, shall give due notice to the owner of the individual rental unit, and shall render a decision within a reasonable time. The owner may appear in person or by agent or attorney. The board or manager may reverse or affirm the action, wholly or partly, or may modify the action appealed from, and may make any decision and order that in the opinion of the board or manager ought to be made in the matter."
SECTION 3. This act is effective when it becomes law.