Bill Text: NC H554 | 2011-2012 | Regular Session | Amended

North Carolina House Bill 554 (Prior Session Legislation)

Bill Title: Residential Building Inspections

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-03-31 - Ref To Com On Commerce and Job Development [H554 Detail]

Download: North_Carolina-2011-H554-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H 2

HOUSE BILL 554

Corrected Copy 4/4/11

Short Title: Residential Building Inspections.		(Public)
Sponsors:	Committee on Rules, Calendar, and Operations of the House (Primary Sponsor) For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to:	Commerce and Job Development.

March 31, 2011

A BILL TO BE ENTITLED

AN ACT requiring counties and cities to have reasonable CAUSE before inspecting RESIDENTIAL buildings or structures.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 153A‑364 reads as rewritten:

"§ 153A‑364. Periodic inspections for hazardous or unlawful conditions.

(a) The inspection department ~~shall~~ may make periodic inspections, subject to the board of commissioners' directions, for unsafe, unsanitary, or otherwise hazardous and unlawful conditions in residential buildings 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. For purposes of this section, the term 'reasonable cause' means (i) the landlord or owner has a substantial history of noncompliance with the county's ordinances on unsafe buildings; (ii) there has been a report that substandard conditions exist within the building or an occupant has requested that the building be inspected; or (iii) the inspection department has actual knowledge of an unsafe condition within the building that was acquired as a result of routine business activities conducted by the county. In conducting inspections authorized under this section, the inspection department shall not discriminate between single‑family and multifamily buildings or between owner‑occupied and tenant‑occupied buildings. ~~In addition, it shall make any necessary inspections when it has reason to believe that such conditions may exist in a particular building.~~ 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.

(b) A county may require periodic inspections under subsection (a) of this section as part of a targeted effort to respond to blighted or potentially blighted conditions within a Community Development Block Grant geographic area that has been so designated by the board of commissioners, the Department of Commerce, Division of Community Assistance, or the United States Department of Housing and Urban Development.

(c) In no event may a county (i) require any registration of residential rental property; (ii) adopt or enforce any local 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; (iii) 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 (iv) levy a special fee or tax on residential rental property that is not also levied against other commercial and residential properties."

SECTION 2. G.S. 160A‑424 reads as rewritten:

"§ 160A‑424. Periodic inspections.

(a) The inspection department ~~shall~~ may make periodic inspections, subject to the council's directions, for unsafe, unsanitary, or otherwise hazardous and unlawful conditions in residential 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 (i) the landlord or owner has a substantial history of noncompliance with the city's ordinances on unsafe buildings or structures; (ii) there has been a report that substandard conditions exist within the building or structure or an occupant has requested that the building or structure be inspected; or (iii) the inspection department has actual knowledge of an unsafe condition within the building or structure that was acquired as a result of routine business activities conducted by the city. In conducting inspections authorized under this section, the inspection department shall not discriminate between single‑family and multifamily buildings or structures or between owner‑occupied and tenant‑occupied buildings or structures. ~~In addition, it shall make inspections when it has reason to believe that such conditions may exist in a particular structure.~~ 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.

(b) A city may require periodic inspections under subsection (a) of this section as part of a targeted effort to respond to blighted or potentially blighted conditions within a Community Development Block Grant geographic area that has been so designated by the city council, the Department of Commerce, Division of Community Assistance, or the United States Department of Housing and Urban Development.

(c) In no event may a city (i) require any registration of residential rental property; (ii) adopt or enforce any local 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; (iii) 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 (iv) levy a special fee or tax on residential rental property that is not also levied against other commercial and residential properties."

SECTION 3. This act is effective when it becomes law.