Bill Text: NC H773 | 2013-2014 | Regular Session | Introduced
Bill Title: Local Gov'ts/Bldgs/Structures/Inspections
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2013-05-15 - Ref To Com On Commerce [H773 Detail]
Download: North_Carolina-2013-H773-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H D
HOUSE DRH10279-LM-140 (03/20)
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Short Title: Local Gov'ts/Bldgs/Structures/Inspections. |
(Public) |
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Sponsors: |
Representatives W. Brawley, Moffitt, Hardister, and Brisson (Primary Sponsors). |
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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 owner 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 targeted area must meet the requirements for a
community development block grant, and the total aggregate of designated
geographic areas in the county shall not be greater than one square mile. The
county shall not discriminate in its selection of areas orbetween single‑family
and multifamily buildings or between owner‑occupied and tenant‑occupied
buildings in its selection of housing types to be targeted and shall inspected
in the targeted area. The county 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 three
verified violations of housing ordinances or codes in a 12‑month 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;
(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. If the court finds against the owner or manager in the summary ejectment action and does not evict the tenant, it shall be deemed a correction of the tenant‑related violation if the owner or manager does not renew the tenant's lease at the end of the then‑current term and does not lease to the tenant again.
(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."
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 owner 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
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 targeted area must meet the requirements for a
community development block grant and the total aggregate of targeted areas in
the city shall not be greater than one square mile. The municipality city
shall not discriminate in its selection of areas orbetween owner‑occupied
and tenant‑occupied buildings in its selection of housing types to be
inspected in the targeted and shall (i) area. The 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.
(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 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; (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. If the court finds against the owner or manager in the summary ejectment action and does not evict the tenant, it shall be deemed a correction of the tenant‑related violation if the owner or manager does not renew the tenant's lease at the end of the then‑current term and does not lease to the tenant again.
(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."
SECTION 3. This act is effective when it becomes law.
