Bill Text: NC H773 | 2013-2014 | Regular Session | Amended
Bill Title: Local Gov'ts/Bldgs/Structures/Inspections
Sponsorship: Partisan Bill (Republican 4)
Status: (Engrossed - Dead) 2013-05-15 - Ref To Com On Commerce [H773 Detail]
Download: North_Carolina-2013-H773-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 3
HOUSE BILL 773
Committee
Substitute Favorable 5/9/13
Third Edition Engrossed 5/14/13
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Short Title: Local Gov'ts/Bldgs/Structures/Inspections. |
(Public) |
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Sponsors: |
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Referred to: |
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April 11, 2013
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 verified violations of the housing ordinances or codes
within a 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
shall not be greater than one square mile or five percent (5%) of the area
within the county, whichever is greater. The targeted area designated by the
county shall reflect the county's stated neighborhood revitalization strategy
and address significant levels of disrepair. 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.
(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, except for those individual rental units that have more
than threeseven verified violations of housing ordinances or
codes in a rolling 12‑month period or upon the property being
identified within the top 10% four percent (4%) of properties
with crime or disorder problemsproblems, or an individual unit with two
or more violations in a rolling 30‑day period, 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, except as authorized by act of
the General Assembly; (iv) require proof of registration under subdivision (i)
of this subsection, when applicable, be posted in the business office, common
area, or other conspicuous place; or (v) provide that any violation of a rental
registration ordinance is punishable as a criminal offense.
(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) 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.
(f) 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's sheriff 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's sheriff 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.
(g) For purposes of this section, if an individual unit has a violation of G.S. 42‑42(a)(8) and that violation cannot be corrected or cured under this section, it shall be a verified violation.
(h) If the county takes action against a unit under this section, the county shall provide an independent review process whereby the unit owner may appeal the violation or crime or disorder problems that the county has determined should be the responsibility of the owner. The process shall include an independent decision maker who is not connected to the county and due process for the unit owner."
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 twoseven 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 county shall
not be greater than one square mile or five percent (5%) of the area within the
corporate limits of the city, whichever is greater. The targeted area
designated by the city shall reflect the city's stated neighborhood
revitalization strategy and address significant levels of disrepair. The municipality
city 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.
(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, except for those properties individual
rental units that have more than three verified violations in a 12‑month
period or upon the property being identified within the top 10% four
percent (4%) of properties with crime or disorder problemsproblems,
or an individual unit with two or more violations in a rolling 30‑day
period, 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,
except as authorized by act of the General Assembly; (iv) require proof of
registration under subdivision (i) of this subsection, when applicable, be
posted in the business office, common area, or other conspicuous place; or (v)
provide that any violation of a rental registration ordinance is punishable as
a criminal offense.
(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) 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.
(f) 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's sheriff 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.
(g) For purposes of this section, if an individual unit has a violation of G.S. 42‑42(a)(8) and that violation cannot be corrected or cured under this section, it shall be a verified violation.
(h) If the city takes action against a unit under this section, the city shall provide an independent review process whereby the unit owner may appeal the violation or crime or disorder problems that the city has determined should be the responsibility of the owner. The process shall include an independent decision maker who is not connected to the city and due process for the unit owner."
SECTION 3. This act is effective when it becomes law.
