Minimum Housing Ordinance-1997

•
0•

TOWN
OF
PLYMOUTH
I MINIMUM
HOUSING
ORDINANCE
The preparation of this document was financed in part through a grant provided by the
North Carolina Coastal Management Program, through funds provided by the Coastal
Zone Management Act of 1972, as amended, which is administered by the Office of
Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration.
II ADOPTED AUGUST 11, 1997

TOWN OF PLYMOUTH
MINIMUM HOUSING ORDINANCE
MAYOR
JARAHNEE H. BAILEY
TOWN COUNCIL
ANDY ALLEN
•II SHIRLEY G. BARNES
MARVIN E. BIGGS, JR.
FRED HINES
STEVE HOGGARD
MARY NIXON
TOWN MANAGER
MARK D. MYERS
Oil ADOPTED AUGUST 11., '1997

CONTENTS
SUBJECT:
PAGE:
Definitions...
.................................................1
Legislative findings
5
...............................................
Scope an application of ordinance ...................................
6
Administration
6
...................................................
Minimum standards of fitness for dwellings ............................
6
Minimum standards for structural conditions ...........................
7
Minimum standards for basic equipment and facilities ....................
7
Minimum standards for ventilation ...................................
8
Minimum standards space, use and location ...........................
9
Minimum standards safe and sanitary maintenance ....................
10
Minimum standards for control of insects, rodents, and infestation ..........
11
Minimum standards applicable to rooming house; exception ..............
12
Responsibility of owners and occupants .............................
12
Duties of the administrator ........................................
13
Powers of the administrator .. .....................................
13
Inspections; duty of owners and occupants ...........................
14
Procedure for enforcement .........................................
14
Methods of service of complaints and orders ..........................
17
In rem action by the administrator ..................................
17
Cost, a lien on premises ..........................................
17
Filing Ordinance ................................................
17
Alternative remedies .............................................
18
Housing board of Appeals to hear appeals ...........................
18
Conflict with other provisions ......................................
18
Violations; penalties .......................................... . .
18
State law by reference ...........................................
19
Severability....................................................19
Appendix
North Carolina General Statutes
Procedures
Existing and Proposed, Minimum Housing Ordinance
Forms for Compliance
0

MINIMUM HOUSING
Section 1. Definitions.
The following words and phrases shall have the meanings set forth herein unless the context
clearly indicates otherwise:
Administrator means such person as shall from time to time be designated by the Town Manager
as the Minimum Housing Enforcement Officer, or his designee.
Agent means any person, firm or corporation who is responsible for the management,
maintenance, -operation, renting, leasing or sale of any property, or who makes application for or
seeks a permit or certificate on behalf of the owner of any property or who in any other way
represents the owner of the property in any particular case.
Alley means a public vehicular or pedestrian way which affords only a secondary means of access
to abutting property and is not intended for general traffic circulation.
Areaway means any subsurface space adjacent to a building for affording access to or for lighting
or ventilating the basement or a cellar of such building.
Attic Story means any story situated wholly or partly in the roof, so designated, arranged or built
as to be used for storage or habitation. If an attic which is accessible by a fixed stairway has a 7
ft. clear height for greater than 50% of the width of the floor below, then the space shall be
considered as a"story when determining building height.
Basement means that portion of a building which is partly or completely below grade.
Bathroom means a heated enclosed space containing a lavatory, a toilet, and either a tub, a
shower or a tub/shower combination.
Boarding or Rooming House means any single family dwelling, in which rooms are rented by the
owner occupant to not more than four (4) persons who are not related by blood, adoption or
marriage to the owner occupant. See also "Family".
ilin means the surface suspended from or attached to the underside of floors or roofs which
does not form a structural part of a floor or roof or the underside of an exposed floor or roof
construction.
Ceiling heip-ht means the clear vertical distance from the floor to the finished ceiling.
• I I cellar means the lowest space or spaces in a building located under the basement story.
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Central heating unit means a unit controlled by a thermostat or some other device and is designed
to provide heating to a dwelling or dwelling unit through a duct, wall -mounted system or
baseboard -mounted equipment.
Deteriorated means that a dwelling is unfit for human habitation and can be repaired, altered or
improved to comply with all the minimum standards established by this ordinance at a cost not in
excess of fifty percent (50%) of its value, as determined by finding of the Minimum Housing
Enforcement Officer.
Dilapidated means that a dwelling is unfit for human habitation and cannot be repaired, altered or
improved to comply with all of the minimum standards of this ordinance except at a cost in excess
of fifty percent (50%) of its value, as determined by finding of the Minimum Housing
Enforcement Officer.
Dwelling means a building or a portion thereof which is wholly or partly used for or intended to
be used for temporary or permanent residential occupancy for one (1) or more families.
Dwelling Unit means a single independent housekeeping unit with sanitation, living, dining,
sleeping, and permanently installed kitchen and bathroom facilities for use by one (1) family.
Exit means a way of departure from the interior of a building or structure to the exterior at street
or grade level.
Extermination means the control and elimination of insects, rodents and other pests by eliminating
their harborage; by removing or making inaccessible materials that serve as their food, by
poisoning, spraying, fumigating, trapping or by any other recognized and lawful pest elimination
method approved by the administrator.
Family means an individual living alone, or two (2) or more persons related by blood, adoption, or
marriage, or a group of not more than four (4) unrelated persons living together as a single
housekeeping unit in a shared dwelling unit.
Fireproofing means protected to resist the damaging effects of fire in accordance with the
requirements of this ordinance for such construction.
Flue means an enclosed pipe, duct or passageway used only for the transmission of heat or the
products of combustion.
r a e means the animal and vegetable waste resulting from the handling, preparation, cooking
and consumption of food.
Habitable space or habitable room means any room or enclosed floor space in a building or
structure used or intended for use for living, sleeping, cooking or eating, including kitchens and
basements, but excluding bathrooms, half -baths, halls, corridors, pantries, storage space, closets,.
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laundries and other spaces not used frequently or for extended periods.
Half -bath means an enclosed space containing a toilet or urinal and lavatory basin.
Hearth means the brick, stone or cement area in front of a fireplace.
Heating unit means all mechanical devices or other appliances that utilize fuel or another form of
energy to produce heat.
House or housing means any dwelling, multi -family dwelling, apartment, residency hotel, rooming
house, boardinghouse, bed and breakfast, inn or similar building or structure, or part thereof,
containing habitable space.
Housing Appeals Board means the Board of Adjustment shall serve as the governing body to hear
housing complaints and appeals.
Impervious to water (as to floors) means a clean, smooth floor, without cracks or holes, made of
terrazzo, ceramic, asphalt or rubber tile, smooth concrete, linoleum or other similar material, or
made of wood, and, if made of wood, then with tightly fitting joints, covered with varnish, lacquer
or other similar water-resistant coating.
Infestation means the presence within or around any housing of insects, rodents, or other pests.
Kitchen means an area used, or designated to be used, for the preparation of food.
Lavatory means a fixed wash bowl equipped with plumbing. .
Maintenance of a building structure, apparatus or equipment means the way or manner in which
any such building, structure, appliance, apparatus or equipment is serviced, repaired or altered to
perpetuate the use or purpose for which such building, structure, appliance, apparatus or'
equipment was originally intended.
Multi -family dwelling means a building or structure occupied or intended for occupation as the
home or residence of two (2) or more families living independently of each other and doing their
own cooking within their respective dwelling unit.
New work means any work to be completed that requires a building permit.
Owner/Occupant means any person, firm, corporation, lessee, receiver, trustee, guardian or
personal representative holding legal title or legal right to occupy or carry on business upon any
lot, or any manager, operator or other person authorized to occupy or conduct business on behalf
of an owner. Where there is more than one (1) owner as defined, their duties and obligations
• under this ordinance are joint and severable and shall include responsibility for'compliance with
this ordinance.
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Story means that portion of a building included between the upper surface of any floor and the
upper surface of the floor next above, except that the topmost story shall be that habitable portion
of a building included between the upper surface of the top -most floor and ceiling or roof above.
Story above grade (see Attic story) means any story having its finished floor surface entirely
above grade except that a basement shall be considered as a story above grade when the finished
surface of the floor above the basement is:
1. More than 6 feet (1829 mm) above grade plane;
2. More than 6 feet (1829 mm) above the finished ground level for more than 50
percent of the total building perimeter; or .
3. More than 12 feet (3648 mm) above the finished ground level at any point.
Structure means anything constructed or erected on the ground or attached to the ground
including, but not limited to, the following: Walls, fences, buildings, signs, swimming pools, gas
or liquid storage tanks, towers and other similar items. For the purpose of the flood zone
management, "structure" shall mean a walled and roofed building that is principally above ground,
as well as a mobile home.
Substantial means firmly constructed, sturdy, safe, sound, solid, or stout in a manner to
adequately perform its original purpose.
Tenant means a person, co -partnership, firm or corporation occupying or using a building,
premises or any part or parts thereof owned by another.
Unfit for human -habitation means that conditions exist in a dwelling, dwelling unit rooming house
or rooming unit which violate or do not comply with one or more of the minimum standards of
fitness or one or more of the requirements established by this ordinance.
Ventilation means the adequate supply and removal of air to and from a space through windows,
skylights, doors, louvers, grilles, ducts or other similar devices.
Water heating unit means an appliance listed by a testing laboratory which is capable of heating
water to a temperature between 120 and 140 degrees Fahrenheit to all appropriate plumbing
fixtures within a dwelling unit.
Weathertiaht means so constructed that the structure resists weather and excludes rain and snow,
and prevents the infiltration of air.
Section 2. Legislative findings.
The Town Council hereby finds and declares that there exists in the Town housing which is unfit
• for human habitation due to dilapidation, defects increasing the hazards of fire,' accidents or other
calamities, lack of ventilation, light or sanitary facilities and other conditions rendering such
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housing unsafe or unsanitary or dangerous or detrimental to the health or safety or otherwise
inimical to the welfare of the residents of the Town and that a public necessity exists to exercise
the police powers of the Town pursuant to Part 6, Article 19 of Chapter 160A of the General
Statutes of North Carolina, as now or hereafter amended, to cause the repair and rehabilitation,
closing or demolishing of such housing in the manner herein provided.
Section 3. Scope and application of ordinance.
The provisions of this ordinance shall apply to all housing in the Town of Plymouth and its
Extraterritorial Planning and Zoning Jurisdiction irrespective of when such building was
constructed, altered or repaired. Portable, mobile or demountable buildings or structures,
including manufactured homes, mobile homes, and trailers, when used or intended for use for
housing within the Town's jurisdiction shall be subject to the applicable provisions of this
ordinance. Unless otherwise stated in this ordinance, the use of the word "Town" in this
Ordinance shall also include the Extraterritorial Planning and Jurisdiction, as set -forth in the
zoning ordinance.
Section 4. Administration.
(a) Exercise of powers and duties by administrator. The administrator is designated and
appointed to exercise the powers and perform the duties described by this ordinance.
(b) Conditions resulting in housing unfit for human habitation. The administrator may
determine that housing is unfit for human habitation if he finds that sufficient conditions exist in
such housing which are dangerous or injurious to the health or safety of the occupants of such
housing, the occupants of neighboring housing, the occupants of neighboring housing or other
residents of the Town. Such conditions may include the following, without limiting the generality
of the foregoing: Defects therein increasing the hazards of fire, accident, or other calamities, lack
of adequate ventilation, light or sanitary facilities; dilapidation, disrepair, structural defects,
uncleanliness; or any violation described in this ordinance.
Section 5. Minimum standards of fitness for dwellings and dwelling units.
Every dwelling and dwelling unit used as a human habitation, or held out for use as a human
habitation, shall comply with all the minimum standards of fitness for human habitation and all of
the requirements of Sections 5 through 11 of this ordinance. No person shall occupy as owner -
occupant, or let to another for occupancy 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 5 through 11 of this ordinance.
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Section G. Minimum standards for structural conditions.
(a) Walls or partitions or supporting members, sills, joists, rafters or other structural members
shall not list, lean or buckle, and shall not have holes or cracks which might admit rodents.
(b) Floors or roofs shall have adequate supporting members and strength to be reasonably safe
for the purpose used.
(c) Foundations, foundation walls, piers or their foundation supports shall not be deteriorated
or damaged.
(d) Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in such
condition that they will not fail or collapse.
(e) Adequate facilities for egress in case of fire or panic shall be provided.
(f) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable
materials which will, by use of reasonable household methods, promote sanitation and cleanliness
and shall be maintained in such a manner so as to enable the occupants to maintain reasonable
privacy between various spaces.
(g) The roof, flashings, exterior walls, basement walls, floors and all doors and windows
exposed to the weather shall be constructed and maintained so as to be weathertight and
watertight.
(h) There shall be no chimneys or parts thereof which are defective, deteriorated or in danger
of falling, or in such condition or location as to constitute a fire hazard.
(I) There shall be no use of the ground for floors, or wood floors on the ground.
Section 7. Minimum standards for basic equipment and facilities.
(a) Plumbing system.
(1) Each dwelling unit shall be connected to a potable water supply and to the public
sewer or other approved sewer disposal.
(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or
shower, water closet and adequate supply of both cold water and hot water. All
system connected to a potable water supply.
1011
(3) All plumbing fixtures shall meet the standards of the North Carolina Plumbing
Code and shall be maintained in a state of good repair and good working order.
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(4) All required plumbing fixtures shall be located within the dwelling unit and
be accessible to the occupants of same. The water closet and tub or shower
shall be located in a room or rooms affording privacy to the user.
(b) Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in
accordance with either (1) or (2):
(1) Central and electric heating systems. Every central or electric heating system
shall be of sufficient capacity so as to heat all habitable rooms, bathrooms and
water closet compartments in every dwelling unit to which is connected a
minimum temperature of 70 degrees Fahrenheit measured at a point three (3) feet
above the floor during ordinary winter conditions.
(2) Other heating facilities. Where central or electric heating systems are not
provided, each dwelling and dwelling unit shall be provided with sufficient
fireplaces, chimneys, flues or gas vents whereby heating appliances may be
connected so as to heat all habitable rooms with a minimum temperature of 70
degrees Fahrenheit measured at a point three (3) feet above the floor during
ordinary winter conditions.
(c) Electrical system.
(1) Every dwelling and dwelling unit shall be wired for electric lights and convenience
receptacles. Every habitable room shall contain at least two (2) floor or wall -type
electric convenience receptacles, connected in such manner as determined by the
North Carolina Electric Code. There shall be installed in every bathroom, water
closet room, laundry room and furnace room at least one (1) supplied ceiling or
wall type electric fixture for lighting. In the event wall or ceiling light fixtures are
not provided in any habitable room, then such habitable room shall contain at least
three (3) floor or wall type electric convenience receptacles.
(2) Every public hall and stairway in every multiple dwelling shall have adequate
lighting by electric lights at all times when natural lighting is not sufficient.
(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state
of good repair, safe, capable of being used and installed in accordance with the
North Carolina Electrical Code (Volume IV of the North Carolina Building Code).
Section 8. Minimum standards for ventilation.
11 (a) General. Every habitable room shall have at least one (1) window or skylight facing
• directly to the outdoors. The total minimum window area, measured between'stops, for every
habitable room shall be 10 percent of the floor area of such room. Whenever walls or other
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portions of structures face a window or any room and such light -obstructing structures are
located less than five (5) feet from the window and extend to a level above that of the ceiling of
the room, such a window shall not be deemed to face directly to the outdoors and shall not be
included as contributing to the required minimum total window area. Whenever the only window
in a room is a skylight -type window in the top of such room, the total window area of such
skylight shall equal at least 15 percent of the total floor area of such room.
(b) Habitable rooms. Every habitable room shall have at least one (1) window or skylight
which can easily be opened, or such other device as will adequately ventilate the room. The total
openable window area in every habitable room shall be equal to at least 45 percent of the
minimum window area size or minimum skylight -type window size as required, or shall have other
approved, equivalent ventilation.
(c) Bathroom water closet rooms. Every bathroom and water closet compartment shall
comply with the light and ventilation requirements for habitable rooms except that no window or
skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped
with an approved ventilation system.
Section 9. Minimum standards for space, use and location.
(a) Room sizes.
(1) Every dwelling unit shall contain at least the minimum room size in each habitable
room as required by the North Carolina Building Code (Volume I-B of the North
Carolina Building Code).
(2) Every dwelling unit shall contain at least 150 square feet of habitable floor area for
the first occupant, at least 100 square feet of additional habitable area for each of
the next three (3) occupants, and at least 75 square feet of additional habitable
floor area for each additional occupant.
(3) In every dwelling unit and in every rooming unit, every room occupied for sleeping
purposes by one (1) occupant shall contain at least 70 square feet of floor area,
and every room occupied for sleeping purposes by more than one (1) occupant
shall contain at least 50 square feet of floor area for each occupant 12 years of age
and over and at least 35 square feet of floor area for each occupant under 12 years
of age.
(b) Ceiling height. At least one-half ('h) of the floor area of every habitable room shall have a
ceiling height of not less than seven (7) feet and six (6) inches.
(c) 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 10
Page 9

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.
(d) No cellar shall be used for living purposes.
(e) Basements. No basement shall be used for living purposes unless:
(1) the floor and walls are substantially watertight;
(2) the total window area, total openable window area and ceiling height are equal to
those required for habitable rooms; and
(3) the required minimum window area of every habitable room is entirely above the
grade adjoining such window area, except where the window or windows face a
stairwell, window well or access way.
Section 10. Minimum standards for safe and sanitary maintenance.
(a) Exterior foundation, walls and roofs. Every foundation wall, exterior roof shall be
substantially weathertight and rodent proof; shall be kept in sound condition and good repair; and
shall be capable of affording privacy; shall be safe to use and capable of supporting the load which
normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or
other protective covering to prevent the entrance or penetration of moisture or weather.
(b) Interior floors, walls and ceiling. Every floor, interior wall and ceiling shall be
substantially rodent proof, shall be kept in sound condition and good repair; and shall be safe to
use and capable of supporting the load which normal use may cause to be placed thereon.
(c) Windows and doors. Every window, exterior door, basement or cellar door, and
hatchway shall be substantially weathertight, watertight and rodent proof, and shall be kept in
sound working condition and good repair.
(d) Stairs, porches and appurtenances. Every outside and inside stair, porch and any
appurtenance thereto shall be safe to use and capable of supporting the load that normal use may
cause to be placed thereon; and shall be kept in sound condition and good repair.
(e) Bathroom floors. Every bathroom floor surface and water closet compartment floor
surface shall be constructed and maintained so as to be reasonably impervious to water and so as
to permit such floor to be easily kept in a clean and sanitary condition.
(f) Supplied facilities. Every supplied facility, piece of equipment or utility which is required
under this ordinance shall be so constructed or installed that it will function safely and effectively,
• and shall be maintained in satisfactory working condition.
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(g) Drainage. Every yard shall be properly graded so as to obtain through drainage and so as
to prevent the accumulation of stagnant water. .
(h) Noxious weeds. Every yard and all exterior property areas shall be kept free of species of
weeds or plant growth which are noxious or detrimental to health.
(i) Egress. Every dwelling unit shall be provided with adequate means of egress as required
by the State Residential Building Code (Volume I-B of the State Building Code.)
Section 11. Minimum standards for control of insects, rodents and infestations.
(a) Screens. In every dwelling unit, for protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space shall have supplied and
installed screens and a self -closing device; and every window or other device with openings to
outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens
installed.
(b) Rodent control. Every basement or cellar window used or intended to be used for
ventilation, and every other opening to a basement which might provide an entry for rodents, shall
be supplied with screens installed or such other approved device as will effectively prevent their
. entrance.
(c) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be
responsible for the extermination of any insects, rodents or other pests therein or on the premises;
and every occupant of a dwelling unit in a dwelling containing more than one (1) dwelling unit
shall be responsible for such extermination whenever his dwelling unit is the only one infested.
Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or
reasonably insect proof condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two (2) or more of the dwelling units in any dwelling or in the
shared or public parts of any dwelling containing two (2) or more dwelling units, extermination
shall be the responsibility of the owner.
(d) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied
with approved containers and covers for storage of rubbish as required by the Town, and the
owner, operator or agent in control of such dwelling unit shall be responsible for the removal of
rubbish.
(e) Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied an
approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit
(mechanical sink grinder) in each dwelling unit, to be approved by the occupants of each dwelling
unit, or an approved outside garbage can as required by the Town.
Page 11

Section 12. Minimum standards applicable to rooming house; exceptions.
All the provisions of this ordinance, and all of the minimum standards and requirements of this
ordinance 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:
(a) Water closet, hand lavatory and bath facilities. At least one (1) water closet, lavatory
basin and bathtub or shower, property connected to an approved water system and sewer system
and in good working condition, shall be supplied for each four (4) rooms within a rooming house
wherever said 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 not 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.
(b) Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by
one (1) occupant shall contain at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one (1) occupant shall contain at least 50 feet of floor area for
each occupant 12 years of age or older and at least 35 square feet of floor area for each occupant
under 12 years of age.
• (c) 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 a
room or rooms which afford privacy and are separate from habitable rooms, which are accessible
from a common hall and without going outside the rooming house or through any other room
therein.
(d) Sanitary conditions. 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 shall further be 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.
Section 13. Responsibilities of owners and occupants.
(a) 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 the premises thereof.
(b) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and
sanitary condition that part of the dwelling or dwelling unit and the premises thereof which he
• occupies or controls.
Page 12
►J

(c) Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all
their 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 the availability of rubbish and garbage
storage facilities.
(d) 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 the proper uses and operation of same.
(e) Care of facilities, equipment and structure. No occupant shall willfully destroy, deface or
impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling
unit.
Section 14. Duties of the administrator.
The Minimum Housing Enforcement Officer is hereby designated as the administrator empowered
to enforce the provisions of this ordinance and to exercise the duties and powers herein
prescribed. It shall be the duty of the administrator:
(a) to investigate the dwelling conditions, and to inspect dwellings and dwelling units located
• in the Town, in order to determine which dwellings and dwelling units are unfit for human
habitation, and for the purpose of carrying out the objectives of this ordinance with respect to
such dwellings or dwelling units;
(b) to 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;
(c) to keep a record of the results of inspections made under this ordinance and an inventory
of those dwellings that do not meet the minimum standards of fitness herein prescribed; and
(d) perform such other duties as may be herein prescribed.
Section 15. Powers of the administrator.
The administrator is authorized to exercise such powers as may be necessary or convenient to
carry out and effectuate the purpose and provisions of this ordinance, including the following
powers in addition to others herein granted;
(a) to investigate the dwelling conditions in the Town in order to determine which dwellings
therein are unfit for human habitation;
• 11 (b) to administer oaths and affirmations, examine witnesses and receive evidence;
Page 13

• (c) to enter upon premises for the purpose of making examinations and inspections; provided,
such entries shall be made in accordance with law and in such manner as to cause the least
possible inconvenience to the persons in possession; and
(d) to appoint and fix duties of such officers, agents and employees as he deems necessary to
carry out the purposes of this ordinance.
Section 16. Inspections; duty of owners and occupants.
(a) For the purpose of making inspections, the administrator or his designee is hereby
authorized to enter, examine and survey at all reasonable times, all dwellings, dwelling units,
rooming units and premises. The owner or occupant of every dwelling, dwelling unit, rooming
unit or the person in charge thereof, shall give the administrator or his designee free access to
such dwelling, dwelling unit, rooming unit and its premises at all reasonable times for the purpose
of such inspection, examination and survey. Every occupant of a dwelling, or dwelling unit, shall
give the owner thereof, or his 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 ordinance or with any lawful
order issued pursuant to the provisions of ordinances.
loll Section 17. Procedure for enforcement.
(a) Preliminary investigation; placarding; notice; hearing.
(1) Whenever a petition is filed with the administrator by a public authority or by at
least five (5) residents of the Town charging that any dwelling or dwelling unit is
unfit for human habitation, or whenever it appears to the inspector, upon
inspection, that any dwelling or dwelling unit is unfit for human habitation,- he
shall, if his preliminary investigation discloses a basis for such charges, 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.
(2) - The administrator will further issue and cause to serve upon the owner or the
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 administrator at a
place therein fixed, not less than 10 nor more than 30 days after serving of said
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 (1) person signing a petition relating to such dwelling. Any person desiring
Page 14

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 administrator.
(b) Procedure after hearing.
(1) After such notice and hearing, the administrator shall state in writing his
determination whether such dwelling or dwelling unit is unfit for human habitation,
and, if so, whether it is deteriorated or dilapidated.
(2) If the administrator determines that the dwelling or dwelling unit is deteriorated, he
shall state in writing his findings of fact in support of such determination, and shall
issue and cause to be served upon the owner to repair, alter and improve such
dwelling or dwelling unit to comply with the minimum standards of fitness
established by this ordinance within a specified period of time, not to exceed 90
days. Such order may also direct and require the owner to vacate and close such
dwelling or dwelling unit until such repairs, alterations and improvements have
been made.
(3) If the administrator determines that the dwelling is dilapidated, he shall issue and
cause to be served upon the owner thereof an order directing and requiring the
• owner to either repair, alter and improve such dwelling or dwelling unit to comply
with minimum standards of fitness established by this ordinance, or else vacate and
remove or demolish the same within a specified period of time not to exceed 90
days.
(c) 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 administrator 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 administrator to vacate or close, and
remove or demolish the same within the time specified therein, the administrator
shall submit to the Town Council at its next regular meeting a resolution directing
the Town Attorney to petition the superior court for an order directing such owner
to comply with the order of the administrator, as authorized by G.S. 160A-446(g).
(2) In rem remedy. After failure of an owner of a deteriorated dwelling unit, or of a
dilapidated dwelling, to comply with an order of the administrator within the time
specified therein, if injunctive relief has not been sought or has not been granted as
provided in the preceding subsection (1), the administrator shall submit to the
Town Council an ordinance ordering the administrator to cause such dwelling or
dwelling unit to be repaired, altered or improved, or vacated and closed and
• removed or demolished as provided in the original order of the administrator.
Page 15
J

(d) Appeals from orders of the administrator.
(1) An appeal from any decision or order of the administrator may be taken by any
person aggrieved thereby. Any appeal from the administrator shall be taken within
10 days from the rendering of the decision or service of the order, and shall be
taken by filing with the administrator and with the Housing Appeals Board a notice
of appeal which shall specify the grounds upon which the appeal is based. Upon
the filing of any notice of appeal, the administrator shall forthwith transmit to the
board, all the papers constituting the record upon which the decision appealed
from was made. When the appeal is from a decision of the administrator refusing
to allow the person aggrieved thereby to do any act, his decision shall remain in
force until modified or reversed. When any appeal is from a decision of the
administrator requiring the person aggrieved to do any act, the appeal shall have
the effect of suspending the requirement until the hearing by the board, unless the
administrator certifies to the board, after the notice of appeal is filed with him, that
by reason of the facts stated in the certificate (a copy of which shall be furnished
the appellant) a suspension of his requirement would cause imminent peril to life,
or property, in which case the requirement shall not be suspended except by a
restraining order, which may be granted for due cause shown upon not less than
one (1) day's written notice to the administrator, by the board, or by a court of
record upon petition made pursuant to G.S. 160A-446(o and subsection (a) of this
section.
(2) The board shall fix a reasonable time for the hearing of all appeals, shall give notice
to all the parties and shall render its decision within a reasonable time. Any party
may appear in person or by agent or attorney. The board may reverse or affirm,
wholly or partly, or may modify the decision or order appealed from, and may
make such decision and order as in its opinion ought to be made in the matter, and _
to that end it shall have all the powers of the administrator, but a concurring vote
of four -fifths of the board shall be necessary to reverse or modify any decision or
order of the administrator. The board shall have power also in passing upon
appeals, in any case where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the ordinance, to adapt the application
of the ordinance to the necessities of the case to the end that the spirit of the
ordinance shall be observed, public safety and welfare secured, and substantial
justice done.
(3) Every decision of the board shall be subject to review by proceedings in the nature
of certiorari instituted within 15 days of the decision of the board, but not
otherwise.
(e) Petition to supervisor court by owner. Any person aggrieved by an order issued by the
administrator or a decision rendered by the board shall have.the right within 30 days after issuance
• of the order or rendering of the decision, to petition the superior court for a temporary injunction
Page 16

restraining the administrator pending a final disposition of the cause, as provided by G.S. 160A-
446(f).
Section 18. Methods of service of complaints and orders.
Complaints or orders issued by the administrator shall be served upon persons either personally or
by registered or certified mail, but if the whereabouts of such persons are unknown and the same
cannot be ascertained by the administrator in the exercise of reasonable diligence, the
administrator shall make an affidavit to that effect, and the serving of such complaint or order
upon such person may be made by publishing same once each week for two (2) successive weeks
in a newspaper printed and published and circulating in the Town. Where service is made by such
publication, a notice of the pending proceedings shall be posted in a conspicuous place on the
premises affected by the complaint or order.
Section 19. In rem action by the administrator.
After failure of an owner of a dwelling or dwelling unit to comply with an order of the
administrator issued pursuant to the provisions of this ordinance, and upon adoption by the Town
Council of an ordinance authorizing and directing him to do so, as provided by G.S. 160A-443 (5)
• and Section 7 1 2 of this ordinance, the administrator 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 ordinance, or to be vacated and closed and removed or demolished, as
directed by the ordinance of the Town Council.
Section 20. Costs, a lien on premises.
As provided by G.S. 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 administrator pursuant to Section 17 1 2 of this ordinance shall be a lien against the real
property upon which such costs were incurred. Such lien shall be filed, have the same priority, and
be enforced and the costs collected as provided by Article 10, Chapter 160A of the General
Statutes.
Section 21. Filing of Ordinances.
Pursuant to activities of Sections 17. 18, and 19 of this ordinance, each such ordinance shall be
recorded in the office of the Register of Deeds of Washington County, and shall be indexed in the
name of the property owner in the grantor index, as provided by G.S. 160A-443(5).
Page 17
r

Section 22. Alternative remedies.
Neither this ordinance nor any of its provisions shall be construed to impair or limit in any way the
power of the Town to define and declare nuisances and to cause their abatement by summary
action or otherwise, or to enforce this ordinance by criminal process as authorized by G.S. 14-4,
and Section 25 of this ordinance, and the enforcement of any remedy provided herein or in other
ordinances or laws.
Section 23. Housing Board of Appeals to hear appeals.
All appeals which may be taken from decisions or orders of the administrator pursuant to Section
17 1 of this ordinance shall be heard and determined by the Housing Appeals Board. The
Zoning Board of Adjustment as provided for under Article 10 of the Zoning Ordinance shall serve
as the Housing Appeals Board. The board shall have the power to fix the times and places of its
meetings, to adopt necessary rules of procedures and any other rules and regulations which may
be necessary for the proper discharge of its duties. The board shall perform the duties prescribed
by North Carolina General Statutes 160A-388, Board of Adjustment, and shall keep an accurate
journal of all its proceedings.
• Section 24. Conflict with other provisions.
In the event any provision, standard or requirement of this ordinance is found to be in conflict
with any other ordinance or code of the Town, the provisions which establish the higher standard
or more stringent requirement for the promotion and protection of health and safety of the
residents of the Town shall prevail.
Section 25. Violations; penalty.
(a) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse
to repair, alter or improve the same, or to vacate and close and remove or demolish the same,
upon order of the administrator duly made and served as herein provided, within the time
specified in such order, and each day that any such failure, neglect or refusal to comply with such
order continues shall constitute a separate and distinct offense. 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 17 1 2 of this ordinance, to occupy or permit the occupancy of the same after the
time prescribed in such order for its repair, alteration, improvement or its vacation and closing,
and each day that such occupancy continues after such prescribed time shall constitute a separate
and distinct offense.
(b) The violation of any provision of this ordinance shall constitute a misdemeanor, as
• provided by G.S. 14-4.
Page 18
l

•
s
•

•
TOWN
OF
PLYMOUTH
MINIMUM
HOUSI NG
PROC DU S

OilMinimum Housing Standard
Investigation Cause
1- Upon petition from Public Authority (police, fire dept, health dept, etc.)
2- Upon petition from at least 5 residents of city
3- Upon preliminary inspection of Building Inspection
Investigation Steps
1- Must have Administrative Warrant if permission can NOT be obtained to inspect inside
structure.
2- May inspect with permission from Owner and/or tenant.
Notice Requirements
1- Send Complaint and Notice of Hearing by Certified mail allowing 15 calendar days.
2- If owner will*not sign for Certified Mail, deliver by police and obtain officers affidavit of
delivery or publish in local newspaper one time for two consecutive weeks.
3- Complete Return of Service form for Complaint and Notice of Hearing mailing.
Hearin
1- Inspector conducts hearing.
2- Owner and/or parties in interest or petitioners give evidence and answer to complaint.
Finding of Facts
1- Send letter stating finding of fitness, or lack of, for human habitation.
2- Case is dropped if finding shows dwelling\structure meets minimum requirements.
Appeal
1- Any person that is aggrieved can appeal .
2- Notice must be filed within 10 days after Findings of Facts is served on that person(s).
3- Appeal must be filed with Building Inspector and Town Council.
4- Appeal is heard by Board of Adjustment.
5- Building Inspector's decision is not enforced while appeal is in process, unless imminent peril
to life or property.
Enforcement
1- Action'is taken, if no appeal is pursued, as prescribed.
2-At completion of appeal, if Building Inspector's decision is upheld.
3- Building Inspector ask Town Council to pass an Ordinance directing Building Inspector to,
both; placard and repair premises, placard and remove or demolish premises.
Pagel of 2

OilInspector's check list:
1- Write-up of property - Building Inspector Report.
2- Verify that property owner has not recently conveyed property to another.
3- Mail Complaint and Notice of Hearing by certified mail.
4- Complete Return of Service (Complaint and Notice of Hearing).
5- Hold Finding of Fact & Order (Dwelling or Commercial).
6- Complete Record of Delivery (Finding of Fact & Order).
7- Run legal Notice to Contractors and Public for four days.
8- Owner Notification of Bid Opening time and place (Owner).
9- Open Bids at prescribed time.
10- Write Ordinance & Council Action for Condemnation.
I I- List of Bids on Council Action for Council's information and decision.
12- Award Bid.
13- Contractor to sign Contract, submit $100.00 deposit and $100.00 demolition permit.
14- Wait 30 days before allowing Contractor to begin work.
15- Verify lot has been properly deeded according to contract.
16- Submit bill for condemnation to owner giving 30 days to pay.
17- If bill is not paid or approved arrangements not made, lien to be filed at courthouse.
Page 2 of 2

•If NORTH
•
CA OLINA
GENERAL
STATUTES
MINIMUM
HOUSING
CHAPTER 160A, ARTICLE 19
PART 6
G.S. 160A-441

•
Part 6. Minimum Housing Standards.
160A-441. Exercise of police power authorized.
It is hereby found and declared that the existence and occupation
of dwellings in this State that are unfit for human habitation are
inimical to the welfare and dangerous and injurious to the health,
safety and morals of the people of this State, and that a public
necessity exists for the repair, closing or demolition of such dwell-
ings. Whenever any city or county of this State finds that there
exists in the city or county dwellings that are unfit for human
habitation due to dilapidation, defects increasing the hazards of
fire, accidents or other calamities, lack of ventilation, light or sani-
tary facilities, or due to other conditions rendering 'the dwellings
unsafe or unsanitary, or dangerous or detrimental to the health,
safety, morals, or otherwise inimical to the welfare of the residents
of the city or county, power is hereby conferred upon the city -or
county to exercise its police powers to repair, close or demolish.the
dwellings in the manner herein provided. No ordinance enacted by
the governing body of a county pursuant to this Part shall be appli-
cable within the corporate limits of any city unless the city council
of the city has by resolution expressly given its approval thereto.
In addition to the exercise of police power authorized herein, any
city may by ordinance provide for the repair, closing or demolition
of 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. Such ordinance,
if adopted, may provide for the repair, closing or demolition of such
structure pursuant to the same provisions and procedures as are
prescribed herein for the repair, closing or demolition of dwellings
found to be unfit for human habitation.
160A-442. Definitions.
The following terms shall have the meanings whenever used or
referred to as indicated when used in this Part unless a different
meaning clearly appears from the context:
(1) "City" means any incorporated city or any county.
(2) "Dwelling" means any building, structure, manufactured
home or mobile home, or part thereof, used and occupied
for human habitation or intended to be so used, and in-
cludes any outhouses and appurtenances belonging thereto
or usually enjoyed therewith, except that it does not in-
clude any manufactured home or mobile home, which is
used solely for a seasonal vacation purpose.
(3) "Governing body" means the council, board of commis-
sioners, or other legislative body, charged with governing
a city or county.
(3a) "Manufactured home" or "mobile home" means a struc-
ture as defined in G.S. 143-145(7).
(4) "Owner" means the holder of the title in fee simple and
every mortgagee of record.
(5) "Parties in interest"means all individuals, associations
and corporations who have interests of record in a dwelling
• and any who are in possession thereof.
(6) "Public authority" means any housing authority or any of-
ficer who is in charge of any department or branch of the
government of the city, county, or State relating to health,
fire, building regulations, or other activities concerning
dwellings in the city.

•
b. If it is determined that the repair of the dwelling to
render it fit for human habitation cannot be made at a
cost not exceeding fifty percent (50%) of the then cur-
rent value of the dwelling, the ordinance shall require
the owner to demolish and remove the dwelling within
90 days.
This ordinance shall be recorded in the Office of the Reg-
ister of Deeds in the county wherein the property or prop-
erties are located and shall be indexed in the name of the
property owner in the grantor index. If the owner fails to
comply with this ordinance, the public officer shall effectu-
ate the purpose of the ordinance.
This subdivision only applies to municipalities located in
counties which have a population in excess of 163,000 by
the last federal census.
(6) That the amount of the cost of repairs, alterations or im-
provements, or vacating and closing, or removal or demoli-
tion by the public officer shall be a lien against the real
property upon which the cost was incurred, which lien
shall be filed; have the same priority, and be collected as
the lien for special assessment provided in Article 10 of
this Chapter. If the dwelling is removed or demolished by
the public officer, he shall sell the materials of the dwell-
ing, and any personal property, fixtures or appurtenances
found in or attached to the dwelling, and shall credit the
proceeds of the sale against the cost of the removal or de-
molition and any balance remaining shall be deposited in
the superior court by the public officer, shall be secured in
• a manner directed by the court, and shall be disbursed by
the court to the persons found to be entitled thereto by
final order or decree of the court. Nothing in this section
shall be construed to impair or limit in any way the power
of the city to define and declare nuisances and to cause
their removal or abatement by summary proceedings, or
otherwise.
(7) If any occupant fails to comply with an order to vacate a
dwelling, the public 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 sum-
mons requiring the defendant to appear before a magis-
trate at a certain time, date and place not to exceed 10
days from the issuance of the summons to answer the com-
plaint. The summons and complaint shall be served as pro-
vided in G.S. 42- 29. The summons shall be returned ac-
cording to its tenor, and if on its return it appears to have
been duly served, and if at the hearing the public officer
produces a certified copy of an ordinance adopted by the
governing body pursuant to subdivision (5) authorizing the
officer to proceed to vacate the occupied dwelling, the mag-
� 16

(4) (Effective October 1, 1994 — See editor's note) That, if
the fails to comply with an order to repair, alter or
•
owner
improve or to vacate and close the dwelling, the public
the dwelling to be repaired, altered or
officer may cause
improved or to be vacated and closed; that the public offi-
the main entrance of any
cer may cause to be posted on
dwelling so closed, a placard with the following words:
"This building is unfit for human habitation; the use or
building for human habitation is prohib-
occupation of this
ited and unlawful." Occupation of a building so posted
shall constitute a Class 1 misdemeanor.
if the owner fails to complyto remove
with an eyTcause such
(5)
or demolish the dwell ng, the c officer a
dwelling to be removed or demolished. The duties of the
public officer set forth in subdivisions (4) and (5) shall not
be exercised until the governing body shall have by ordi-
nance ordered the public officer to proceed to effectuate the
purpose of this Article with respect to the particular rop-
the public officer shall have found
erty or properties which
to be unfit for human habitation and which property or
be described in the ordinance. No such
properties shall
ordinance shall be adopted to require demolition of a dwell-
has first been given a reasonable op-
ing until the owner
portunity to bring it into conformity with the housing code.
This ordinance shall be recorded in the office of the regis-
ter of deeds in the county wherein the property or proper-
ties are located and shall be indexed in the name of the
property owner in the grantor index.
(5a) If the governing body shall have adopted an ordinance, or
the public officer shall have issued an order, ordering a
to be repaired vacated and as d ed
•
dwelling o the owner has vacatcloseded closed
in subdivision (3)a, and if an
kept such dwelling vacated and closed
such dwelling and
for a period of one year pursuant to the ordinance or order,
body shall find that the owner has
then if the governing
abandoned the intent and purpose to repair, alter or. im-
to render it fit for human habi-
prove the dwelling in order
tation and that the continuation of the dwelling in its va-
be inimical to the health,
cated and closed status would
safety, morals and welfare of the municipality in that the
to deteriorate, would create a fire
dwelling would continue
and safety hazard, would be a threat to children and va-
grants, would attract persons intent on criminal activities,
cause or contribute to blight and the deterioration of
would
property values in the area, and would render unavailable
dwelling which might otherwise have been
property and a
made available to ease the persistent shortage of decent
affordable housing in this State, then in such circum-
and
stances, the governing body may, after the expiration of
enact an ordinance and serve such
such one year period,
ordinance on the owner, setting forth the following:
If it that thabitationhe repair ocan at
a. be made a
render it fit forehumannd
cost not exceeding fifty percent (50%) of the then cur-
rent value of the dwelling, the ordinance shall require
that the owner either repair or demolish and remove
the dwelling within 90 days; or

(7) "Public officer" means the officer or officers who are autho-
rized by ordinances adopted hereunder to exercise the
• powers prescribed by the ordinances and by this Part.
160A-443. Ordinance authorized as to repair,
closing, and demolition; order of public
officer.
Upon the adoption of an ordinance finding that dwelling condi-
tions of the character described in G.S. 160A-441 exist within a
city, the governing body of the city is hereby authorized to adopt
and enforce ordinances relating to dwellings within the city's terri-
torial jurisdiction that are unfit for human habitation. These ordi-
nances shall include the following provisions:
(1) That a public officer be designated or appointed to exercise
the powers prescribed by the ordinance.
(2) That whenever a petition is filed with the public officer by a
public authority or by at least five residents of the city
charging that any dwelling is unfit for human habitation
or whenever it appears to the public officer (on his own
motion) that any dwelling is unfit for human habitation,
the public officer shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be
served upon the owner of and parties in interest in such
dwellings a complaint stating the charges in that respect
and containing a notice that a hearing will be held before
the public officer (or his designated agent) at a place
within the county in which the property is located fixed not
less than 10 days nor more than 30 days after the serving
of the complaint; that the owner and parties in interest
• shall be given 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; and that the
rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the public officer.
(3) That if, after notice and hearing, the public officer deter-
mines that the dwelling under consideration is unfit for
human habitation, he shall. state in writing his findings of
fact in support of that determination and shall issue and
cause to be served upon the owner thereof an order,
a. If the repair, alteration or improvement of the dwelling
can be made at a reasonable cost in relation to the
value of the dwelling (the ordinance of the city may fix
a certain percentage of this value as being reason-
able), requiring the owner, within the time specified,
to repair, alter or improve the dwelling in order to
render it fit for human habitation or to vacate and
close the dwelling as a human habitation; or
b. If the repair, alteration or improvement of the dwelling
cannot be made at a reasonable cost in relation to the
value of the dwelling (the ordinance of the city may fix
a certain percentage of this value as being reason-
able), requiring the owner, within the time specified in
the order, to remove or demolish such dwelling. How-
ever, notwithstanding any other provision of law, if
the dwelling is located in a historic district of the city
and the Historic District Commission determines, af-
ter a public hearing as provided by ordinance, that the
dwelling is of particular significance or value toward
maintaining the character of the district,, and the
dwelling has not been condemned as unsafe, the order
. may require that the dwelling be vacated and closed
consistent with G.S. 160A-400.14(a).

• istrate shall enter judgment ordering that the premises be
vacated and that all persons be removed. The judgment
ordering that the dwelling be vacated shall be enforced in
the same manner as the judgment for summary ejectment
entered under G.S. 42-30. An appeal from any judgment
entered hereunder by the magistrate may be taken as pro-
vided in G.S. 7A-228, and the execution of such judgment
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 paragraph unless such occu-
pant was served with notice at least 30 days before the
filing of the summary ejectment proceeding that the gov-
erning body has ordered the public officer to proceed to
exercise his duties under subdivisions 4 and 5 of this sec-
tion to vacate and close or remove and demolish the dwell-
ing.
(8) That whenever a determination is made pursuant to subdi-
vision (3) of this section that a dwelling must be vacated
and closed, or removed or demolished, under the provisions
of this section, notice of the order shall be given by first-
class mail to any organization involved in providing or
restoring dwellings for affordable housing that has filed a
written request for such notices. A minimum period of 45
days from the mailing of such notice shall be given before
removal or demolition by action of the public officer, to
allow the opportunity for any organization to negotiate
with the owner to make repairs, lease, or purchase the
property for the purpose of providing affordable housing.
The public officer or clerk shall certify the mailing of the
notices, and the certification shall be conclusive in the ab-
sence of fraud. Only an organization that has filed a writ-
ten request for such notices may raise the issue of failure
to mail such notices, and the sole remedy shall be an order
requiring the public officer to wait 45 days before causing_
removal or demolition.
160A-444. Standards.
An ordinance adopted by a city under this Part shall provide that
the public officer may determine that a dwelling is unfit for human
habitation if he finds that conditions exist in the dwelling that
render it dangerous or injurious to the health, safety or morals of
the occupants of the dwelling, the occupants of neighboring dwell-
ings, or other residents of the city. Defective conditions may include
the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident, or other
calamities; lack of adequate ventilation, light, or sanitary facilities;
dilapidation; disrepair; structural defects; uncleanliness. The ordi-
nances may provide additional standards to guide the public offi-
cers, or his agents, in determining the fitness of a dwelling for
human habitation.

160A-445. Service of complaints and orders.
(a) (See note) Complaints or orders issued by a public officer
pursuant to an ordinance adopted under this Part shall be served
upon persons either personally or by registered or certified mail. If
the identities of any owners or the whereabouts of persons are un-
known and cannot be ascertained by the public officer in the exer-
cise of reasonable diligence, and the public officer makes an affida-
vit to that effect, then the serving of the complaint or order upon
the unknown owners or other persons 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 reqquired
under the provisions of this Part. When service is made by publica-
tion, a notice of the pending proceedings shall be posted in a con-
spicuous place on the premises thereby affected.
(b)(1) (See note) Complaints or orders issued by a public officer
pursuant to an ordinance adopted under this Part shall be
served upon persons either personally or by registered or
certified mail. If the identities of any owners or the where-
abouts of persons are unknown and cannot be ascertained
by the public officer in the exercise of reasonable diligence,
or, if the owners are known but have refused to accept
service by registered or certified mail, and the public offi-
cer makes an -affidavit to that effect, then the serving of
the complaint or order upon the owners or other persons
may be made by publication in a newspaper having gen-
eral circulation in the city at least once no later than the
time at which personal service would be required under
the provisions of this Part. When service is made by publi-
cation, a notice of the pending proceedings shall be posted
in a conspicuous place on the premises thereby affected.
(2) This subsection applies only to municipalities that have a
population in excess of 300,000 by the last federal census.
16OA-446. Remedies.
(a) The governing body may provide for the creation and organi-
zation of a housing appeals board to which appeals may be taken
from any decision or order of the public officer, or may provide for
such appeals to be heard and determined by its zoning board of
adjustment.
(b) The housing appeals board, if created, shall consist of five
members to serve for three-year staggered terms. It shall have the
power to elect its own officers, to fix the times and places for its
meetings, to adopt necessary rules of procedure, and to adopt other
rules and regulations for the proper discharge of its duties. It shall
keep an accurate record of all its proceedings.
(c) An appeal from any decision or order of the public officer may.
be taken by any person aggrieved thereby or by any officer, board
or commission of the city. Any appeal from the public officer shall
be taken within 10 days from the rendering of the decision or ser-
vice of the order by filing with the public officer and with the board .
a notice of appeal which shall specify the grounds upon which the
appeal is based. Upon the filing of any notice of appeal, the public
officer shall forthwith transmit to the board all the papers consti-
tuting the record upon which the decision appealed from was made.
When an appeal is from a decision of the public officer refusing to
allow the person aggrieved thereby to do any act, his decision shall
remain in force until modified or reversed. When any appeal is from.
a decision of the public officer requiring the person aggrieved to do
any act, the appeal shall have the effect of suspending the require-
ment until the hearing by the board, unless the public officer certi-

•
fies to the board, after the notice of appeal is filed with him, that
because of facts stated in the certificate (a copy of which shall be
furnished the appellant), a suspension of his requirement would
cause imminent peril to life or property. In that case the require -
went shall not be suspended except by a restraining order, which
may be granted for due cause shown upon not less than one day's
written notice to the public officer, by the board, or by a court of
record upon petition made pursuant to subsection (f) of this section.
(d) The appeals board shall fix a reasonable time for hearing
appeals, shall give due notice to the parties, and shall render its
decision within a reasonable time. Any party may appear in person
or by agent or attorney. The board may reverse or affirm, wholly or
partly, or may modify the decision or order appealed from, and may
make any decision and order that in its opinion ought to be made in
the matter, and to that end it shall have all the powers of the public
officer, but the concurring vote of four members of the board shall
be necessary to reverse or modify any decision or order of the public
officer. The board shall have power also in passing upon appeals,
when practical difficulties or unnecessary hardships would result
from carrying out the strict letter of the ordinance, to adapt the
application of the ordinance to the necessities of the case to the end
that the spirit of the ordinance shall be observed, public safety and
welfare secured, and substantialjustice done.
(e) Every decision of the board) shall be subject to review by pro-
ceedings in the nature of certiorari instituted within 15 days of the
decision of the board, but not otherwise.
M Any person aggrieved by an order issued by the public officer
or a decision rendered by the board may petition the superior court
for an injunction restraining the public officer from carrying out
the order or decision and the court may, upon such petition, issue a
temporary injunction restraining the public officer pending a final
disposition of� the cause. The petition shall be filed within 30 days
after issuance of the order or rendering of the decision. Hearings
shall be had by the court on a petition within 20 days, and shall be
given preference over other matters on the court's calendar. The
court shall hear and determine the issues raised and shall enter
such final order or decree as law and justice may require. It shall
not be necessary to file bond in any amount before obtaining a
temporary injunction under this subsection.
(g) If any dwelling is erected, constructed, altered, repaired, con-
verted, maintained, or used in violation of this Part or of any ordi-
nance or code adopted under authority of this Part or any valid
order or decision of the public officer or board made pursuant to any
ordinance or code adopted under authority of this Part, the public
officer or board may institute any appropriate action or proceedings
to prevent the unlawful erection, construction, reconstruction, al-
teration or use, to restrain, correct or abate the violation, to prevent
the occupancy of the dwelling, or to prevent any illegal act, conduct
or use in or about the premises of the dwelling.

• 160A-447. 'Compensation to owners of con-
demned property.
Nothing in this Part shall be construed as preventing the owner
or owners of any property from receiving just compensation for the
taking of property by the power of eminent domain under the laws
of this State, nor as permitting any property to be condemned or
destroyed except in accordance with the police power of the State.
160A-448. Additional powers of public officer.
An ordinance adopted by the governing body of the city may
authorize the public officer to exercise any powers necessary or
tconvenient to his Part
clud carrig the fo out lowing powers seffectuate ein rpadditionose s o other heref
in granted:in the city in order
(1) To to investiate the dwelling conditions determine which dwellings there n a a unfit for human
habitations-
(2) To administer oaths, affirmations, examine witnesses and
receive evidence;
(3) To enter upon premises for the purpose of making examina-
tions in a manner that will do the least possible inconve-
nience to the persons in possession;
(4) To appoint and fix the duties of officers, agents and em-
ployees necessary to carry out the purposes of the ordi-
nances; and
(5) To e to other officers and other agents.
gate anoof his functions and err under the ordi-
nanc
• 160A-449. Administration of ordinance.
The governing body of any city adopting an inance under of this
Part shall, as soon as possible thereafter, prepare estimate matepersonnel and
annual expenses or costs to provide the equipment,
supplies necessary for periodic examinations and investigations of
the dwellings in the city for the purpose of determining the fitness
of dwellings for human habitation, and for the enforcement and
administration of its ordinances adopted under this Part. The city is
authorized to make appropriations from its revenues necessary for
this purpose and may accept and apply grants or donations to assist
it in carrying out the provisions of the ordinances.
160A-450. Supplemental nature of Part.
Nothing in this Part shall be construed to abrogate or impair the
powers of the courts or of any department of any city to enforce any
provisions of its charter or its ordinances or regulations, nor to
prevent or punish violations thereof; and the powers conferred by
this Part shall be in addition and supplemental to the powers con-
ferred by any other law.

TOWN
OF
PLYMOUTH
EXISTING
•II AND
PROPOSED
MINIMUM
HOUSING
ORDINANCE
•

Section 1. Definitions.
Proposed
New Definitions:
Administrator means such person as shall from time to time be designated by the Town Manager
as the Minimum Housing Enforcement Officer, or his designee.
agent means any person, firm or corporation who is responsible for the management,
maintenance, operation, renting, leasing or sale of any property, or who makes application for or
seeks a permit or certificate on behalf of the owner of any property or who in any other way
represents the owner of the property in any particular case.
1 means a public vehicular or pedestrian way which affords only a secondary means of access
to abutting property and is not intended for general traffic circulation.
Areaway means any subsurface space adjacent to a building for affording access to or for lighting
or ventilating the basement or a cellar of such building.
Attic Story means any story situated wholly or partly in the roof, so designated, arranged or built
as to be used for storage or habitation. If an attic which is accessible by a fixed stairway has a 7
ft. clear height for greater than 50% of the width of the floor below, then the space shall be
considered as a story when determining building height.
Existing:
Basement shall'mean a portion of a dwelling which is located partly underground, having direct
access to light and air from windows located above the level of the adjoining ground.
Proposed:
Basement means that portion of a building which is partly or completely below grade.
Proposed
New Definitions:
Bathroom means a heated enclosed space containing a lavatory, a toilet, and either a tub, a
shower or a tub/shower combination.
Boarding or Rooming House means any single family dwelling in which rooms are rented by the
owner occupant to not more than four (4) persons who are not related by blood, adoption or
marriage to the owner occupant. See also "Family".
ilin means the surface suspended from or attached to the underside of floors or roofs which
does not form a structural part of a floor or roof or the underside of an exposed floor or roof
lei construction.
Page I

Ceiling height means the clear vertical distance from the floor to the finished ceiling.
Existing:
Cellar shall mean a portion of a dwelling which is located partly or wholly underground having an
inadequate access to light and air from windows located partly or wholly below the level of the
adjoining ground.
Proposed:
Cellar means the lowest space or spaces in a building located under the basement story.
Central heating unit means a unit controlled by a thermostat or some other device and is designed
to provide heating to a dwelling or dwelling unit through a duct, wall -mounted system or
baseboard -mounted equipment.
Existing and Proposed. No Change
Deteriorated means that a dwelling is unfit for human habitation and can be repaired, altered or
improved to comply with all the minimum standards established by this ordinance at a cost not in
excess of fifty percent (50%) of its value, as determined by finding of the Minimum Housing
Enforcement Officer.
Dilapidated means that a dwelling is unfit for human habitation and cannot be repaired, altered or
improved to comply with all of the minimum standards of this ordinance except at a cost in excess
of fifty percent (50%) of its value, as determined by finding of the Minimum Housing
Enforcement Officer.
Existing:
Dwellinji shall mean any building, structure, or part thereof which is wholly or partly used or
intended to be used for living, sleeping or habitation by human occupants and includes any
outhouses or appurtenances belonging thereto or usually enjoyed herewith. Temporary housing,
as hereinafter defined, shall not be regarded as a dwelling. The term shall include within its
meaning the terms rooming house and rooming unit, as hereinafter defined.
Proposed:
Dwelling means a building or a portion thereof which is wholly or partly used for or intended to
be used for temporary or permanent residential occupancy for one (1) or more families.
Existing:
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.
Proposed:
Dwelling Unit means a single independent housekeeping unit with sanitation, living, dining,
sleeping, and permanently installed kitchen and bathroom facilities for use by one (1) family.
Page 2

Proposed
New Definition:
Exit means a way of departure from the interior of a building or structure to the exterior at street
or grade level.
Existing and Proposed: No Change
Extermination means the control and elimination of insects, rodents and other pests by eliminating
their harborage, by removing or making inaccessible materials that serve as their food, by
poisoning, spraying, fumigating, trapping or by any other recognized and lawful pest elimination
method approved by the administrator.
Proposed
New Definitions:
Family means an individual living alone, or two (2) or more persons related by blood, adoption, or
marriage, or a group of not more than four (4) unrelated persons living together as a single
housekeeping unit in a shared dwelling unit.
Fireproofine means protected to resist the damaging effects of fire in accordance with the
requirements of this ordinance for such construction.
• Flue means an enclosed pipe, duct or passageway used only for the transmission of heat or the
products of combustion.
Existing and Proposed: No Change
Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking
and consumption of food.
Existing:
Gender. Words having masculine gender shall include the feminine and neuter genders.
Proposed: Delete
Existing:
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.
Proposed:
Habitable space or habitable room means any room or enclosed floor space in a building or
structure used or intended for use for living, sleeping, cooking or eating, including kitchens and
basements, but excluding bathrooms, half -baths, halls, corridors, pantries, storage space, closets,
• laundries and other spaces not used frequently or for extended periods.
Page 3
IJ

Proposed
New Definitions:
Half -bath means an enclosed space containing a toilet or urinal and lavatory basin.
Hearth means the brick, stone or cement area in front of a fireplace.
Heating unit means all mechanical devices or other appliances that utilize fuel or another form of
energy to produce heat.
House or housing means any dwelling, multi -family dwelling, apartment, residency hotel, rooming
house, boardinghouse, bed and breakfast, inn or similar building or structure, or part thereof,
containing habitable space.
Housing Anneals Board -means the Board of Adjustment shall serve as the governing body to hear
housing complaints and appeals.
Impervious to water (as to floors) means a clean, smooth floor, without cracks or holes, made of
terrazzo, ceramic, asphalt or rubber tile, smooth concrete, linoleum or other similar material, or
made of wood, and, if made of wood, then with tightly fitting joints, covered with varnish, lacquer
or other similar water-resistant coating.
• Existing:
Infestation shall mean the presence, within or around a dwelling, or any insects, rodents or other
pests in such number as to constitute a menace to the health, safety or welfare of the occupants or
the public.
Proposed:
Infestation means the presence within or around any housing of insects, rodents, or other pests.
Existing:
Inspector shall mean such person as shall from time to time be designated by the Town Manager
as the Minimum Housing Standards Inspector (herein called the Inspector).
Proposed: Delete
Proposed
New Definitions:
Kitchen means an area used, or designated to be used, for the preparation of food.
Lavatory means a fixed wash bowl equipped with plumbing.
Page 4

Maintenance of a building, structure, apparatus or equipment means the way or manner in which
any such building, structure, appliance, apparatus or equipment is serviced, repaired or altered to
perpetuate the use or purpose for which such building, structure, appliance, apparatus or
equipment was originally intended.
Existing:
Multiple dwelling shall mean any dwelling containing more than two dwelling units.
Proposed:
Multi -family dwelling means a building or structure occupied or intended for occupation as the
home or residence of two (2) or more families living independently of each other and doing their
own cooking within their respective dwelling unit.
Proposed
New Definitions:
w work means any work to be completed that requires a building permit.
Existing:
Occupant shall mean any person over one year of age, living, sleeping, cooking or eating in, or
having actual possession of a dwelling, dwelling unit or -rooming unit.
Proposed:
Owner/Occupant means any person, firm, corporation, lessee, receiver, trustee, guardian or
personal representative holding legal title or legal right to occupy or carry on business upon any
lot, or any manager; operator or other person authorized to occupy or conduct business on behalf
of an owner. Where there is more than one (1) owner as defined, their duties and obligations
under this ordinance are joint and severable and shall include responsibility for compliance with
this ordinance.
Existing:
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.
Existing:
Owner shall mean any person, who alone, jointly, or severally with others:
1. Shall have title to any dwelling, dwelling unit or rooming unit, with or without
accompanying actual possession thereof, or
2. Shall be a mortgagee of record for any dwelling, dwelling unit or rooming unit; or
3. Shall have charge, care or control of any dwelling, dwelling unit or rooming unit,
•ll as owner or agent of the actual owner, or as executor, executrix, administrator,
Page 5

administratrix, trustee or guardian of the actual owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions of this
ordinance, and of rules and regulations adopted pursuant thereto, to the same
extent as if he or she were the owner.
Proposed:
See Owner/Occupant definition
Existing and Proposed: No Change
Parties in interest means all individuals, associations and corporations who have an interest of
record in a dwelling and any who are in possession thereof.
Person means any individual, firm, co -partnership, corporation, company or association, and shall
include any personal representative, trustee, receiver, assignee or other similar representative.
Existing:
1 m in 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 grinders),
sewage disposal pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes washing machines, catch basins, drains, vents, and any other similar
supplied fixtures, together with all connections to water, sewer or gas lines.
• Proposed:
1 m in means the water supply system, the sanitary sewer system, the vent system, fixtures and
traps and shall include their respective connections, devices, appliances and nonessential
components within the property lines of the premises.
Proposed
New Definitions:
Portable heating unit means an unvented air heating appliance which is designed for environmental
heating and is not secured or attached to a building by any means other than an electrical cord.
Premises means a lot or group of lots including any building or group of buildings or other
structures or parts thereof, which may be situated thereon and considered as a unit devoted to a
certain use or occupancy, including the necessary and customary accessory buildings and other
open spaces required or used in connection with such use of a lot or group of lots.
Public area means that space within any housing which is open to use or access by the general
public.
Existing.
Public authority shall mean the Town Housing Authority or any officer who is in charge of any
department or branch of the government of the Town or of Washington County or the State of
Page 6

0
North Carolina relating to health, fire, building regulations or other activities concerning dwellings
in the Town.
Proposed:
Public authority means any housing authority or any officer who is in charge of any department or
branch of the government of the Town, County or State relating to health, fire, building
regulations or to other activities concerning dwellings in the Town.
Proposed
New Definitions:
Removal means the demolition and removal of the entire structure, leaving the property free and
clear of debris and without holes or pockets which may retain water.
ResidenU hotel means a building or group of buildings containing 10 or more guest rooms for
transient or permanent residents. Occupancy shall not exceed two (2) people per guest room.
Registration facilities, 24 hour on site management and housekeeping services shall be provided.
This definition does not include hotels, motels or other places of lodging that are inspected by the
County Health Department.
Roofing means the shingles, tiles, composition, sheet metal covering or other waterproof
protection on top of a roof.
Existing:
Roominghouse ouse shall mean any dwelling, or part of that dwelling containing one or more rooming
units, in which space is let by the owner or operator to three or more persons who are not
husband or wife, son or daughter, mother or father, or brother to the owner or operator.
Rooming unit shall mean any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking and eating purposes.
Proposed: Delete
Existing:
Rubbish shall mean non -organic waste materials. The term shall include paper, rags, cartons,
boxes, wood, excelsior; rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral
matter, glass and dust.
Proposed:
Rubbish means combustible and noncombustible waste materials, except garbage, and the word
shall include, but not be limited to, the residue from the burning of wood, coal,. coke and other
rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery
and dust.
Page 7
l

Existing:
Supplied shall mean paid for, furnished, or provided by, or under the control of the owner or
operator.
Temporary housine shall mean any tent, trailer or other structure 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 thirty (30) consecutive days.
Proposed: Delete
Proposed
New Definitions:
Space heating unit means a permanently installed unit which utilizes fuel or another form of
energy and is designed to provide continuous heat to a dwelling or part of a dwelling.
$tory means that portion of a building included between the upper surface of any floor and the
upper surface of the floor next above, except that the topmost story shall be that habitable portion
of a building included between the upper surface of the top -most floor and ceiling or roof above.
•Story above grade (see i t) means any story having its finished floor surface entirely
above grade except that a basement shall be considered as a story above grade when the finished
surface of the floor above the basement is:
1. More than 6 feet (1829 mm) above grade plane;
2. More than 6 feet (1829 mm) above the finished ground level for more than 50
percent of the total building perimeter; or
3. More than 12 feet (3648 mm) above the finished ground level at any point.
E
Structure means anything constructed or erected on the ground or attached to the ground
including, but not limited to, the following: Walls, fences, buildings, signs, swimming pools, gas
or liquid storage tanks, towers and other similar items. For the purpose of the flood zone
management, "structure" shall mean a walled and roofed building that is principally above ground,
as well as a mobile home.
Substantial means firmly constructed, sturdy, safe, sound, solid, or stout in a manner to
adequately perform its original purpose.
Tenant means a person, co -partnership, firm or corporation occupying or using a building,
premises or any part or parts thereof owned by another.
Page 8
J

Existing and Proposed: No Change
Unfit for human habitation means that conditions exist in a dwelling, dwelling unit rooming house
or rooming unit which violate or do not comply with one or more of the minimum standards of
fitness or one or more of the requirements established by this ordinance.
Existing:
Words having certain meaning. Wherever the words "dwelling unit, rooming house, rooming
unit, premises" are used in this ordinance, they shall be construed as though they were followed
by the words "or any part thereof."
Proposed: Delete
Proposed
New Definitions:
Ventilation means the adequate supply and removal of air to and from a space through windows,
skylights, doors, louvers, grilles, ducts or other similar devices.
Water heating unit means an appliance listed by a testing laboratory which is capable of heating
water to a temperature between 120 and 140 degrees Fahrenheit to all appropriate plumbing
fixtures within a dwelling unit.
• Weathertight means so constructed that the structure resists weather and excludes rain and snow,
and prevents the infiltration of air.
Proposed:
Section 2. Legislative findings.
The Town Council hereby finds and declares that there exists in the Town's housing which is unfit
for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other
calamities, lack of ventilation, light or sanitary facilities and other conditions rendering such
housing unsafe or unsanitary or dangerous or detrimental to the health or safety or otherwise
inimical to the welfare of the residents of the Town and that a public necessity exists to exercise
the police powers of the Town pursuant to Part 6, Article 19 of Chapter 160A of the General
Statutes of North Carolina, as now or hereafter amended, to cause the repair and rehabilitation,
closing or demolishing of such housing in the manner herein provided.
Existing:
Section 1. Finding; Purpose. Pursuant to G.S. 160A-441, it is hereby declared that there exists in
the Town, 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;
Page 9

and other conditions rendering such dwellings unsafe or unsanitary, dangerous and detrimental to
he health, safety and morals, and otherwise inimical to the welfare of the residents of the Town.
In order to protect the health, safety and welfare of the residents of the Town as authorized by
Part 6 of Article 19, Chapter 160A of the General Statutes, it is the purpose of this ordinance 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.
Proposed New Section:
Section 3. Scope and application of ordinance.
The provisions of this ordinance shall apply to all housing in the Town of Plymouth and its
Extraterritorial Planning and Zoning Jurisdiction irrespective of when such building was
constructed, altered or repaired. Portable, mobile or demountable buildings or structures,
including manufactured homes, mobile homes, and trailers, when used or intended for use for
housing within the Town's jurisdiction shall be subject to the applicable provisions of this
ordinance. Unless otherwise stated in this ordinance, the use of the word "Town" in this
ordinance shall also include the Extraterritorial Planning and Jurisdiction, as set forth in the
Zoning Ordinance.
• Proposed New Section:
Section 4. Administration.
(a) Exercise of powers and duties by administrator. The administrator is designated and
appointed to exercise the powers and perform the duties described by this ordinance.
(b) Conditions resulting in housing unfit for human habitation. The administrator may
determine that housing is unfit for human habitation if he finds that sufficient conditions exist in
such housing which are dangerous or injurious to the health or safety of the occupants of such
housing, the occupants of neighboring housing or other residents of the Town. Such conditions
may include the following, without limiting the generality of the foregoing: Defects therein
increasing the hazards of fire, accident, or other calamities, lack of adequate ventilation, light or
sanitary facilities; dilapidation, disrepair, structural defects, uncleanliness; or any violation
described in this ordinance.
Proposed:
Section 5. Minimum standards of fitness for dwellings and dwelling units.
Every dwelling and dwelling unit used as a human habitation, or held out for use as a human
habitation, shall comply with all the minimum standards of fitness for human habitation and all of
• the requirements of Sections 5 through 11 of this ordinance. No person shall occupy as owner -
Page 10
J

occupant, or let to another for occupancy 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 5 through 11 of this ordinance.
Existing:
Section 3. Minimum Standards of Fitness for Dwellings and Dwelling Units
(a) 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, 5, 6, 7, 8, and 9 of this
ordinance.
(b) No person shall occupy as owner -occupant, or let to another for occupancy 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, 5, 6, 7, 8, and 9 of this ordinance.
Proposed:
Section 6. Minimum standards for structural conditions.
(a) Walls or partitions or supporting members, sills, joists, rafters or other structural members
shall not lean or buckle, and shall not have holes or cracks which might admit rodents.
(b) Floors or roofs shall have adequate supporting members and strength to be reasonably safe
for the purpose used.
(c) Foundations, foundation walls, piers or their foundation supports shall not be deteriorated
or damaged.
(d) Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in such
condition that they will not fail or collapse.
(e) Adequate facilities for egress in case of fire or panic shall be provided.
(f) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable
materials which will, by use of reasonable household methods, promote sanitation and cleanliness
and shall be maintained in such a manner so as to enable the occupants to maintain reasonable
privacy between various spaces.
(g) The roof, flashings, exterior walls, basement walls, floors and all doors and windows
exposed to the weather shall be constructed and maintained so as to be weathertight and
• watertight.
Page I 1
l

(h) There shall be no chimneys or parts thereof which are defective, deteriorated or in danger
of falling, or in such condition or location as to constitute a fire hazard.
(i) There shall be no use of the ground for floors, or wood floors on the ground.
Existing.
Section 4. No Change. Thus, Section 6 of the proposed ordinance and Section 4 of the existing
Section are the same.
Proposed:
Section 7. Minimum standards for basic equipment and facilities.
(a) Plumbing system.
(1) Each dwelling unit shall be connected to a potable water supply and to the public
sewer or other approved sewer disposal.
(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or
shower, water closet and adequate supply of both cold water and hot water. All
• systems connected to a potable water supply.
(3) All plumbing fixtures shall meet the standards of the North Carolina Plumbing
Code and shall be maintained in a state of good repair and good working order.
0
(4) All required plumbing fixtures shall be located within the dwelling unit and
be accessible to the occupants of same. The water closet and tub or shower
shall be located in a room or rooms affording privacy to the user.
(b) Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in
accordance with either (1) or (2):
(1) Central and electric heating systems. Every central or electric heating system
shall be of sufficient capacity so as to heat all habitable rooms, bathrooms and
water closet compartments in every dwelling unit to which is connected a
minimum temperature of 70 degrees Fahrenheit measured at a point three (3) feet
above the floor during ordinary winter conditions.
(2) Other heating facilities. Where central or electric heating systems are not
provided, each dwelling and dwelling unit shall be provided with sufficient
fireplaces, chimneys, flues or gas vents whereby heating appliances may be
connected so as to heat all habitable rooms with a minimum temperature of 70
Page 12
J

degrees Fahrenheit measured at a point three (3) feet above the floor during
ordinary winter conditions.
(c) Electrical system.
(1) Every dwelling and dwelling unit shall be wired for electric lights and convenience
receptacles. Every habitable room shall contain at least two (2) floor or wall -type
electric convenience receptacles, connected in such manner as determined by the
North Carolina Electric Code. There shall be installed in every bathroom, water
closet room, laundry room and furnace room at least one (1) supplied ceiling or
wall type electric fixture for lighting. In the event wall or ceiling light fixtures are
not provided in any habitable room, then such habitable room shall contain at least
three (3) floor or wall type electric convenience receptacles.
(2) 'Every public hall and stairway in every multiple dwelling shall have adequate
lighting by electric lights at all times when natural lighting is not sufficient.
(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state
of good repair, safe, capable of being used and installed in accordance with the
North Carolina Electrical Code (Volume IV of the North Carolina Building Code).
Oil Existing:
Section 5. No Change. Thus Section 7 of the proposed ordinance and Section 5 of the existing
Section are the same.
Proposed:
Section 8. Minimum standards for ventilation.
(a) General. Every habitable room shall have at least one (1) window or skylight facing
directly to the outdoors. The total minimum window area, measured between stops, for every
habitable room shall be 10 percent of the floor area of such room. Whenever walls or other
portions of structures face a window or any. room and spch light -obstructing structures are
located less than five (5) feet from the window and extend to a level above that of the ceiling of
the room, such a window shall not be deemed to face directly to the outdoors and shall not be
included as contributing to the required minimum total window area. Whenever the only window
in a room is a skylight -type window in the top of such room, the total window area of such
skylight shall equal at least 15 percent of the total floor area of such room.
(b) Habitable rooms. Every habitable room shall have at least one (1) window or skylight
which can easily be opened, or such other device as will adequately ventilate the room. The total
lei openable window area in every habitable room shall be equal to at least 45 percent of the
Page 13
r

• minimum window area size or minimum skylight -type window size as required, or shall have other
approved, equivalent ventilation.
(c) Bathroom water closet rooms. Every bathroom and water closet compartment shall
comply with the light and ventilation requirements for habitable rooms except that no window or
skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped
with an approved ventilation system.
Existing:
Section 6. No Change. Thus, Section 6 of the existing ordinance and Section 8 of the proposed
ordinance are the same.
Proposed:
Section 9. Minimum standards for space, use and location.
(a) Room sizes.
(1) Every dwelling unit shall contain at least the minimum room size in each habitable
room as required by the North Carolina Building Code (Volume I-B of the North
• Carolina Building Code).
(2) Every dwelling unit shall contain at least 150 square feet of habitable floor area for
the first occupant, at least 100 square feet of additional habitable area for each of
the next three (3) occupants, and at least 75 square feet of additional habitable
floor area for each additional occupant.
(3) In every dwelling unit and in every rooming unit, every room occupied for sleeping
purposes by one (1) occupant shall contain at least 70 square feet of floor area,
and every room occupied for sleeping purposes by more than one (1) occupant
shall contain at least 50 square feet of floor area for each occupant 12 years of age
and over and at least 35 square feet of floor area for each occupant under 12 years
of age.
(b) Ceiling height. At least one-half ('/2) of the floor area of every habitable room shall have a
ceiling height of -not less than seven (7) feet and six (6) inches.
(c) 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 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.
Page 14
►I

(d) No cellar shall be used for living purposes.
(e) Basements. No basement shall be used for living purposes unless:
(1) the floor and walls are substantially watertight;
(2) the total window area, total openable window area and ceiling height are equal to
those required for habitable rooms; and
(3) the required minimum window area of every habitable room is entirely above the
grade adjoining such window area, except where the window or windows face a
stairwell, window well or access way.
Existing:
Section 7. No Change. Thus Section 7 of the existing ordinance and Section 9 of the proposed
ordinance are the same.
Proposed:
Section 10. Minimum standards for safe and sanitary maintenance.
• (a) Exterior foundation, walls and roofs. Every foundation wall, exterior roof shall be
substantially weathertight and rodent proof, shall be kept in sound condition and good repair; and
shall be capable of affording privacy; shall be safe to use and capable of supporting the load which
normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or
other protective covering to prevent the entrance or penetration of moisture or weather.
18
(b) Interior floors, walls and ceiling. Every floor, interior wall and ceiling shall be
substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to
use and capable of supporting the load which normal use may cause to be placed thereon:
(c) Windows and doors. Every window, exterior door, basement or cellar door, and
hatchway shall be substantially weathertight, watertight and rodent proof, and shall be kept in
sound working condition and good repair.
(d) Stairs, porches and appurtenances. Every outside and inside stair, porch and any
appurtenance thereto shall be safe to use and capable of supporting the load that normal use may
cause to be placed thereon; and shall be kept in sound condition and good repair.
(e) Bathroom floors. Every bathroom floor surface and water closet compartment floor
surface shall be constructed and maintained so as to be reasonably impervious to water and so as
to permit such floor to be easily kept in a clean and sanitary condition.
Page 15
J

(f) Supplied facilities. Every supplied facility, piece of equipment or utility which is required
under this ordinance shall be so constructed or installed that it will function safely and effectively,
and shall be maintained in satisfactory working condition.
(g) Drainage. Every yard shall be properly graded so as to obtain through drainage and so as
to prevent the accumulation of stagnant water.
(h) Noxious weeds. Every yard and all exterior property areas shall be kept free of species of
Weeds or plant growth which are noxious or detrimental to health.
(I) Egress. Every dwelling unit shall be provided with adequate means of egress as required
by the State Residential Building Code (Volume I-B of the State Building Code.)
Existing:
Section 8. No Change. Thus, Section 8 of the existing ordinance and Section 10 of the proposed
ordinance are the same.
Proposed:
Section 11. Minimum standards for control of insects, rodents and infestations.
• (a) Screens. In every dwelling unit, for protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space shall have supplied and.
installed screens and a self -closing device; and every window or other device with openings to
outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens
installed.
(b) Rodent control. Every basement or cellar window used or intended to be used for
ventilation, and every other opening to a basement which might provide an entry for rodents, shall
be supplied with screens installed or such other approved device as will effectively prevent their
entrance.
(c) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be
responsible for the extermination of any insects, rodents or other pests therein or on the premises;
and every occupant of a dwelling unit in a dwelling containing more than one (1) dwelling unit
shall be responsible for such extermination whenever his dwelling unit is the only one infested.
Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or
reasonably insect proof condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two (2) or more of the dwelling units in any dwelling or in the
shared or public parts of any dwelling containing two (2) or more dwelling units, extermination
shall be the responsibility of the owner.
Page 16

(d) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied
with approved containers and covers for storage of rubbish as required by the Town, and the
owner, operator or agent in control of such dwelling unit shall be responsible for the removal of
rubbish.
(e) Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied an
approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit
(mechanical sink grinder) in each dwelling unit, to be approved by the occupants of each dwelling
unit, or an approved outside garbage can as required by the Town.
Existing:
Section 9. Added (a), (d), and (e) to the proposed section. Thus (b), (c), and (d) in the proposed
ordinance and (a), (b), and (c) in the existing ordinance are the same.
Proposed:
Section 12. Minimum standards applicable to rooming house; exceptions.
All the provisions of this ordinance, and all of the minimum standards and requirements of this
ordinance shall be applicable to rooming houses, and to -every person who operates a rooming
S house or who occupies or lets to another for occupancy any rooming unit in any rooming house,
except as provided in the following subsections:
(a) Water closet, hand lavatory and bath facilities. At least one (1) water closet, lavatory
basin and bathtub or shower, property connected to an approved water system and sewer system
and in good working condition, shall be supplied for each four (4) rooms within a rooming house
wherever said 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 not 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.
(b) Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by
one (1) occupant shall contain at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one (1) occupant shall contain at least 50 feet of floor area for
each occupant 12 years of age or older and at least 35 square feet of floor area for each occupant
under 12 years of age.
(c) 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 a
room or rooms which afford privacy and are separate from habitable rooms, which are accessible
from a common hall and without going outside the rooming house or through, any other room
• therein.
Page 17
r

LJ
(d) Sanitary conditions. 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 shall further be 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.
Existing:
Section 10. No Change. Thus Section 12 of the proposed ordinance and Section 10 of the
existing ordinance are the same.
Proposed:
Section 13. Responsibilities of owners and occupants.
(a) 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 the premises thereof.
(b) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a.clean and
sanitary condition that part of the dwelling or dwelling unit and the premises thereof which he
occupies or controls.
(c) Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all
their 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 the availability of rubbish and garbage
storage facilities.
(d) 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 the proper uses and operation of same.
(e) Care of facilities, equipment and structure. No occupant shall willfully destroy, deface or
impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling
unit.
Existing:
Section 11. No Change. Thus, Section 13 of the proposed ordinance and Section 11 of the
existing ordinance are the same.
Page 18

Proposed:
Section 14. Duties of the administrator.
The Minimum Housing Enforcement Officer is hereby designated as the administrator empowered
to enforce the provisions of this ordinance and to exercise the duties and powers herein
prescribed. It shall be the duty of the administrator:
(a) to investigate the dwelling conditions, and to inspect dwellings and dwelling units located
in the Town, in order to determine which dwellings and dwelling units are unfit for human
habitation, and for the purpose of carrying out the objectives of this ordinance with respect to
such dwellings or dwelling units;
(b) to take such action, together with other appropriate departments and agencies, public and
private, as maybe necessary to effect rehabilitation of housing which is deteriorated;
(c) to keep a record of the results of inspections made under this ordinance and an inventory
of those dwellings that do not meet the minimum standards of fitness herein prescribed; and
(d) perform such other duties as may be herein prescribed.
Section 15. Powers of the administrator.
The administrator is authorized to exercise such powers as may be necessary or convenient to
carry out and effectuate the purpose and provisions of this ordinance, including the following
powers in addition to others herein granted;
(a) to investigate the dwelling conditions in the Town in order to determine which dwellings
therein are unfit for human habitation;
(b) to administer oaths and affirmations, examine witnesses and receive evidence;
(c) to enter upon premises for the purpose of making examinations and inspections; provided,
such, entries shall be made in accordance with law and in such manner as to cause the least
possible inconvenience to the persons in possession; and - 1
(d) to appoint and fix duties of such officers, agents and employees as he deems necessary to
carry out the purposes of this ordinance.
Existing:
oilSection 12. Minor Changes. Section 14 and 15 of the proposed ordinance are almost like the
existing Section 12. There are only minor sentence structure changes.
Page 19
r

Proposed:
Section 16. Inspections; duty of owners and occupants.
(a) For the purpose of making inspections, the administrator or his designee is hereby
authorized to enter, examine and survey at all reasonable times, all dwellings, dwelling units,
rooming units and premises. The owner or occupant of every dwelling, dwelling unit, rooming
unit or the person in charge thereof, shall give the administrator or his designee free access to
such dwelling, dwelling unit, rooming unit and its premises at all reasonable times for the purpose
of such inspection, examination and survey. Every occupant of a dwelling, or dwelling unit, shall
give the owner thereof, or his 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 ordinance or with any lawful
order issued pursuant to the provisions of ordinances.
Existing:
Section 13. No Change. Thus, Section 16 of the proposed ordinance and Section 13 of the
existing ordinance are the same.
Proposed:
OilSection 17. Procedure for enforcement.
(a) Preliminary investigation; placarding; notice; hearing.
(1) Whenever a petition is filed with the administrator by a public authority or by at
least five (5) residents of the Town charging that any dwelling or dwelling unit is
unfit for human habitation, or whenever it appears to the Minimum Housing
Enforcement Officer, upon inspection, that any dwelling or dwelling unit is unfit
for human habitation, he shall, if his preliminary investigation discloses a basis for
such charges, 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.
(2) The administrator will further issue and cause to serve upon the owner or the
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 administrator at a
place therein fixed, not less than 10 nor more than 30 days after serving of said
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 (1) person signing a petition relating to such dwelling. Any person desiring
Page 20
►J

• 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 administrator.
(b) Procedure after hearing.
(1) After such notice and hearing, the administrator shall state in writing his
determination whether such dwelling or dwelling unit is unfit for human habitation,
and, if so, whether it is deteriorated or dilapidated.
(2) If the administrator determines that the dwelling or dwelling unit is deteriorated, he
shall state in writing his findings of fact in support of such determination, and shall
issue and cause to be served upon the owner to repair, alter and improve such
dwelling or dwelling unit to comply with the minimum standards of fitness
established by this ordinance within a specified period of time, not to exceed 90
days. Such order may also direct and require the owner to vacate and close such
dwelling or dwelling unit until such repairs, alterations and improvements have
been made.
(3) If the administrator determines that the dwelling is dilapidated, he shall issue and
cause to be served upon the owner thereof an order directing and requiring the
• owner to either repair, alter and improve such dwelling or dwelling unit to comply
with minimum standards of fitness established by this ordinance, or else vacate and
remove or demolish the same within a specified period of time not to exceed 90
days.
(c) 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 administrator 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 administrator to vacate or close, and
remove or demolish the same within the time specified therein, the administrator
shall submit to the Town Council at its next regular meeting a resolution directing
the Town Attorney to petition the superior court for an order directing such owner
to comply with the order of the administrator, as authorized by G.S. 160A-446(g).
(2) In rem remedy. After failure of an owner of a deteriorated dwelling unit, or of a
dilapidated dwelling, to comply with an order of the administrator within the time
specified therein, if injunctive relief has not been sought or has not been granted as
provided in the preceding subsection (1), the administrator shall submit to the
Town Council an ordinance ordering the administrator to cause such dwelling or
dwelling unit to be repaired, altered or improved, or vacated and closed and
. removed or demolished as provided in the original order of the administrator.
Page 21

(d) Appeals from orders of the administrator.
(1) An appeal from any decision or order of the administrator may be taken by any
person aggrieved thereby. Any appeal from the administrator shall be taken within
10 days from the rendering of the decision or service of the order, and shall be
taken by filing with the administrator and with the Housing Appeals Board a notice
of appeal which shall specify the grounds upon which the appeal is based. Upon
the filing of any notice of appeal, the administrator shall forthwith transmit to the
board, all the papers constituting the record upon which the decision appealed
from was made. When the appeal is from a decision of the administrator refusing
to allow the person aggrieved thereby to do any act, his decision shall remain in
force until modified or reversed. When any appeal is from a decision of the
administrator requiring the person aggrieved to do any act, the appeal shall have
the effect of suspending the requirement until the hearing by the board, unless the
Administrator certifies to the board, after the notice of appeal is filed with him, that
by reason of the facts stated in the certificate (a copy of which shall be furnished
the appellant) a suspension of his requirement would cause imminent peril to life,
or property, in which case the requirement shall not be suspended except by a
restraining order, which may be granted for due cause shown upon not less than
one (1) day's written notice to the administrator, by the board, or by a court of
record upon petition made pursuant to G.S. 160A-446(f) and subsection (a) of this
section.
(2) The board shall fix a reasonable time for the hearing of all appeals, shall give notice
to all the parties and shall render its decision within a reasonable time. Any party
may appear in person or by agent or attorney. The board may reverse or affirm,
wholly or partly, or may modify the decision or order appealed from, and may
make such decision and order as in its opinion ought to be made in the matter, and
to that end it shall have all the powers of the administrator, but a concurring vote
of four -fifths of the board shall be necessary to reverse or modify any decision or
order of the administrator. The board shall have power also in passing upon
appeals, in any case where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the ordinance, to adapt the application
of the ordinance to the necessities of the case to the end that the spirit of the
ordinance shall be observed, public safety and welfare secured, and substantial
justice done.
(3) Every decision of the board shall be subject to review by proceedings in the nature
of certiorari instituted within 15 days of the decision of the board, but not
otherwise.
(e) Petition to supervisor court by owner. Any person aggrieved by an order issued by the
administrator or a decision rendered by the board shall have the right within 30 days after issuance
• of the order or rendering of the decision, to petition the superior court for a temporary injunction
Page 22

restraining the administrator pending a final disposition of the cause, as provided by G.S. 160A-
446(f).
Existing:
Section 14. Major sentence structure changes and re -arranged existing sections for clarification.
Proposed:
Section 18. Methods of service of complaints and orders.
Complaints or orders issued by the administrator shall be served upon persons either personally or
by registered or certified mail, but if the whereabouts of such persons are unknown and the same
cannot be ascertained by the administrator in the exercise of reasonable diligence, the
administrator shall make an affidavit to that effect, and the serving of such complaint or order
upon such person may be made by publishing same once each week for two (2) successive weeks
in a newspaper printed and published and circulating in the Town. Where service is made by such
publication, a notice of the pending proceedings shall be posted in a conspicuous place on the
premises affected by the complaint or order.
Existing:
Section 15. No Change.
Proposed:
Section 19. In rem action by the administrator.
After failure of an owner of a dwelling or dwelling unit to comply with an order of the
administrator issued pursuant to the provisions of this ordinance, and upon adoption by the Town
Council of an ordinance authorizing and directing him to do so, as provided by G.S. 160A443 (5)
and Section 7 2 of this ordinance, the administrator 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 ordinance, or to be vacated and closed and removed or demolished, as
directed by the ordinance of the Town Council.
Existing:
Section 16. Few Changes. Omitted the last two sentences for clarification and compliance.
Page 23

Proposed:
Section 20. Costs, a lien on premises.
As provided by G.S. 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 administrator pursuant to Section 7 1 2 of this ordinance shall be a lien against the real
property upon which such costs were incurred. Such lien shall be filed, have the same priority, and
be enforced and the costs collected as provided by Article 10, Chapter 160A of the General
Statutes.
Existing:
Section 17. No Change.
Proposed:
Section 21. Filing of ordinances.
Pursuant to activities of Sections 17, 18, and 19 of this ordinance, each such ordinance shall be
recorded in the office of the Register of Deeds of Washington County, and shall be indexed in the
name of the property owner in the grantor index, as provided by G.S. 160A-443(5).
Existing:
Section 16. No Change. Re -arranged for clarification.
Proposed:
Section 22. Alternative remedies.
Neither this ordinance nor any of its provisions shall be construed to impair or limit in any way the
power of the Town to define and declare nuisances and to cause their abatement by summary
action or otherwise, or to enforce this ordinance by criminal process as authorized by G.S. 14-4,
and Section 25 of this ordinance, and the enforcement of any remedy provided herein or in other
ordinances or laws.
Existing:
Section 18. No Change.
Page 24

Proposed:
Section 23. Housing Board of Appeals to hear appeals.
All appeals which may be taken from decisions or orders of the administrator pursuant to Section
17(d)(1) of this ordinance shall be heard and determined by the Housing Appeals Board. The
Zoning Board of Adjustment provided for under Article 10 of the Zoning Ordinance shall serve as
the Housing Appeals Board. The board shall have the power to fix the times and places of its
meetings, to adopt necessary rules of procedures and any other rules and regulations which may
be necessary for the proper discharge of its duties. The board shall perform the duties prescribed
by North Carolina General Statutes 160A-388, Board of Adjustment and shall keep an accurate
journal of all its proceedings.
Existing:
Section 19. No Change.
Proposed:
Section 24. Conflict with other provisions.
In the event any provision, standard or requirement of this ordinance is found to be in conflict
with any other ordinance or code of the Town, the provisions which establish the higher standard
or more stringent requirement for the promotion and protection of health and safety of the
residents of the Town shall prevail.
Existing:
Section 10. No Change.
Proposed:
Section 25. Violations; penalty.
(a) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse
to repair, alter or improve the same, or to vacate and close and remove or demolish the same,
upon order of the administrator duly made and served as herein provided, within the time
specified in such order, and each day that any such failure, neglect or refusal to comply with such
order continues shall constitute a separate and distinct offense. 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 17 c 1 2 of this ordinance, to occupy or permit the occupancy of the same after the
time prescribed in such order for its repair, alteration, improvement or its vacation and closing,
and each day that such occupancy continues after such prescribed time shall constitute a separate
• and distinct offense.
Page 25

loll (b) The violation of any provision of this ordinance shall constitute a misdemeanor, as
provided by G.S. 14-4.
Existing:
Section 21. Re -arranged for clarification and compliance.
Proposed New Section:
Section 26. State law adopted by reference.
Part 6 of Article 19 of North Carolina General Statute 160A, Chapter entitled "Minimum Housing
Standards" is hereby adopted in its entirety as if every word were printed herein verbatim.
Proposed:
Section 27. Severability.
If any provision of this ordinance 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 provision hereof, and to that end, the
• provisions of this ordinance are hereby declared to be severable.
Existing:
Section 22. No Change.
Page 26

Oil
FORM # 1
FILE NO.
COMPLAINT AND NOTICE OF HEARING BEFORE
BUILDING INSPECTOR UNDER HOUSING CODE
TO: Owners and parties in interest in the dwelling (unit) located at
in the Town of , North Carolina
YOU ARE HEREBY NOTIFIED that the dwelling (unit) located at the place designated
above is in a condition that appears to be unfit for human habitation and to violate the Town
Housing Code in the following ways:
1. (Specify the violation and the applicable Housing Code Section.)
2. Etc.
YOU ARE FURTHER NOTIFIED that a hearing will be held before the Building
Inspector of the Town of at his office in the Town Hall at
• o'clock, .m. on the day of , 19 (a time not
less than ten nor more than 30 days after serving of the complaint) for the purpose of finding the
facts as to whether or not the condition of such building falls within the scope of the above -
mentioned sections of the Housing Code: At the hearing, you shall be entitled to offer such
evidence which is relevant or material to the questions sought to be determined or the remedies
sought to be effected.
YOU ARE FURTHER NOTIFIED that if, upon such hearing, the Building Inspector
shall find that the conditions in the above -described dwelling (unit) do in fact violate the -Housing
Code, and do in fact render such dwelling (unit) unfit for human habitation, the building
inspector will issue an order in writing directed to the owner of such dwelling (unit) requiring the
owner to remedy these conditions by repairing the same or by vacating, demolishing or removing
the same, or by taking such other steps as may be necessary to remedy these conditions. The
Building Inspector may make such other orders and take such other procedures as are authorized
under the Housing Code and the General Statutes of North Carolina.
Further information as to this matter may be obtained by contacting the undersigned.
This the day of , 19
BUILDING INSPECTOR

• I I FORM # 2
Note: If the whereabouts of an owner are unknown, this affidavit form should be
executed by the Building Inspector prior to publication in a newspaper. This form can be used in
connection with publication of the complaint (Form #1) or the findings of fact and order (Form
#4).
FILE NO
STATE OF NORTH CAROLINA )
COUNTY OF ) AFFIDAVIT
TOWN OF
IN RE ABANDONED STRUCTURE LOCATED AT.
SERVICE BY PUBLICATION
(Name of Building Inspector), being first duly sworn, deposes and says:
1. That he is the Building Inspector of the Town of
duly authorized to enforce the Town Housing Code against the above -entitled dwelling (unit);
and
• 2. That [name of owner(s) of dwelling (unit)] (is) (are) the owner(s) of the above -
entitled dwelling (unit); and
3. -That, according to the information and belief of the Building Inspector, the
whereabouts of the owner(s) are unknown and cannot be ascertained by the Building Inspector in
the exercise of reasonable diligence; and
4. That service of the (complaint) (findings of fact and order) must be made -by
publication in a newspaper having general circulation in the Town, as authorized -by G.S. 160A-
445.
BUILDING INSPECTOR
Sworn to and subscribed before me, this, the day.
19
NOTARY PUBLIC
My Commission Expires:

FORM # 3
FILE NO.
PROOF OF SERVICE
COMPLAINT AND NOTICE OF HEARING
Service of the attached Complaint and Notice was made on the
519 , by:
day of
1. Delivering a copy of Complaint and Notice to at
OR
2. Mailing a copy of Complaint and Notice by registered or certified mail to
at
OR
3. The name or whereabouts of the owner were unknown and could not, after due
diligence, be discovered. This Notice and Complaint was served by publication after proper
affidavit, as authorized by G.S. 160A-445 and by posting a copy thereof on the outside of the
dwelling (unit) located at on the date
mentioned above
(specify date of posting if different from above).
DATE BUILDING INSPECTOR
Note: If the complaint is served by registered or certified mail, keep the return receipt with this
form. If the complaint is served by publication, keep the publisher's affidavit of publication with
this form.

FORM 9 4
' FILE NO.
FINDINGS OF FACT AND ORDER
TO: Owners and parties in interest of the abandoned dwelling (unit) located at
in the Town of , North Carolina
The undersigned Building Inspector of the Town of , pursuant
to law, conducted a hearing at the time and place stated in the Complaint and Notice heretofore
issued and served, or at a time to which the hearing was continued with previous notice to the
above -named owners and parties in interest or their agents or attorneys. At the hearing, the
Answer, if any, filed by the owners and parties in interest was read and considered, and the
evidence, contentions, and views of the owners and parties in interest were carefully analyzed
and considered by the undersigned. In addition to other evidence presented, the undersigned
personally inspected the dwelling (unit) described above, and such inspection and examination
has been. considered, along with the other evidence offered at this hearing.
Upon the record and all of the evidence offered and contentions made, the undersigned Building
Inspector does hereby find the following facts:
1. The above -named owners and parties in interest with respect to the dwelling (unit)
• located at the place specified above were duly served as required by law with written Complaint
and Notice of Hearing which set forth the Complaint that the dwelling (unit) located at the above
address is unfit for human habitation and violative of the Town Housing Code, and the
particulars thereof, and fixed a time and place for a hearing upon the complaint as provided by
law. At the hearing, the following owners, persons in interest, or their agents or attorneys, were
present and participated therein: (insert names).
. 2.. The building described above violates the Town Housing Code, by reason of the
following conditions found to be present and to exist in and about the structure:
l . (Specify the violation and applicable Housing Code section.)
2. Etc.
3. Due to these conditions the building described above is found to be (deteriorated)
(dilapidated) conditioned within the meaning of the Town Housing Code, and to be unfit for
human habitation.
IT IS THEREFORE ORDERED that the owners of the dwelling (unit) named above are
required to bring such dwelling (unit) unto compliance with the Housing Code by repairing,
altering or improving the deteriorated structure in order to render it fit for human habitation or by
vacating and closing the structure as a human habitation (repairing), altering or improving the
dilapidated. structure in order to render it fit for human habitation by demolishing or removing
the structure from the premises' by a date not later than the day of
19. (A date not more than 90 days from the date of.this order.)

•
FORM # 5
FILE NO.
PROOF OF SERVICE
FINDINGS OF FACT AND ORDER OF BUILDING INSPECTOR
Service of the attached Findings of Fact and Order was made on the
day of
I.
at
19 , by:
Delivering a copy of Findings of Fact and Order to
CS17
2. Mailing a copy of Findings of Fact and Order by certified or registered mail to
at
3. The name or whereabouts of the owner were unknown and could not, after due diligence,
be discovered. This Findings of Fact and Order was served by publication, after proper affidavit,
• as authorized by G.S. 160A-445, and by posting a copy thereof on the outside of the dwelling
located at on the date mentioned above (specify
date of posting, if different from above).
DATE
BUILDING INSPECTOR
Note:
1. If the findings of fact and order are served by certified or registered mail, keep the
return receipt with this form. If the findings of fact and order are served by publication, keep the
publisher's affidavit of publication with this form.
2. If the whereabouts of the owner are unknown, publication should not be
undertaken until the Building Inspector has executed an affidavit to that effect (see Form #2).
This, the
day of , 19
BUILDING INSPECTOR
NOTE: If necessary, the Building Inspector's order may also require the dwelling or
dwelling unit to be vacated and closed until the necessary repairs are made.

•
FORM # 6
FILE NO.
A RESOLUTION DIRECTING THE TOWN ATTORNEY TO PETITION THE SUPERIOR
COURT FOR AN ORDER REQUIRING THE OWNER OF CERTAIN PROPERTY TO
COMPLY WITH THE HOUSING CODE AND THE ORDER OF THE BUILDING
INSPECTOR ISSUED PURSUANT THERETO.
WHEREAS, the (Governing Body) of the Town of finds
that the dwelling herein described is unfit for human habitation under the provisions of the
Housing Code, and that all of the procedures of the Housing Code have been complied with; and
WHEREAS, the owner of this dwelling has failed to comply with a lawful order of the
Building Inspector to repair the same to meet the requirements of the Housing Code, or to
demolish the same, within the time therein prescribed;
NOW, THEREFORE, BE IT RESOLVED by the (Governing Body) of the Town of
that the Town Attorney is hereby authorized and directed
to proceed, as authorized by G.S. 160A-446(g), to petition the Superior Court of
• County for an order requiring the owner of the dwelling located at
in the Town of I , North Carolina to
take such steps as may be necessary to comply fully with the order of the Building Inspector
issued on the day of , 19
Adopted this day of , 19
MAYOR
ATTEST:
TOWN CLERK

FORM # 7
*1 F FILE NO.
AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REPAIR THE
PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND
DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE
OCCUPIED UNTIL REPAIRED.
WHEREAS, the (Governing Body) of the Town of
finds that the dwelling described herein is unfit for human habitation under the Town Housing
Code, and that all of the procedures of the Housing Code have been complied with; and
WHEREAS, this dwelling should be repaired to meet the requirements of the Housing
Code, as directed by the Building Inspector, and should be placarded by placing thereon a notice
prohibiting use for human habitation; and
WHEREAS, the owner of this dwelling has been given a reasonable opportunity to bring
the dwelling up to the standards of the Housing Code in accordance with G.S. 160A-443(5)
pursuant to an order issued by the Building Inspector on , and
the owner has failed to comply with the order:
NOW, THEREFORE, BE IT ORDAINED by the (Governing Boby) of the Town of
that:
Section 1. The Building Inspector is hereby authorized and directed to place a
placard containing the legend:
"This building is unfit for human habitation; the use or occupation of this building for
human habitation is prohibited and unlawful."
On the building located at the following address:
Section 2. The Building Inspector is hereby authorized and directed to proceed to
repair, alter or improve and (if necessary) to vacate and close the above described dwelling in
accordance with the order to the owner thereof dated the day of
, 19 , and in accordance with the Housing Code and G.S.
160A-443.
Section 3. The cost of repairs, alternations or improvements, or of vacating and
closing shall constitute a lien against the real property upon which the cost was incurred. The
lien shall be filed in the office of the Town Tax Collector, and shall have the same priority and be
collected in the same manner as the lien for special assessments in Article 10 of G.S. Chapter
160A. Upon completion of the required repairs, alternations or improvements, the Building
Inspector shall certify the cost of same to the Tax Collector.

•' I FORM 9 8
FILE NO.
AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR
DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN
HABITATION AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE
SAME MAY NOT BE OCCUPIED.
WHEREAS, the (Governing Body) of the Town of finds
that the dwelling described herein is unfit for human habitation under the Town Housing Code,
and that all of the procedures of the Housing Code have been complied with; and
.WHEREAS, this dwelling should be removed or demolished, as directed by the Building
Inspector, and should be placarded by placing thereon a notice prohibiting use for human
habitation; and
WHEREAS, the owner of this dwelling has been given a reasonable opportunity to bring
the dwelling up to the standards of the Housing Code in accordance with G.S. 160A-443(5)
pursuant to an order issued by the Building Inspector on
and the owner has failed to comply with the order;
•' I NOW, THEREFORE, BE IT ORDAINED by the (Governing Body) of the Town of
that
Section- 1. The Building Inspector is hereby authorized and directed to place a
placard containing the legend:
"This building is unfit for human habitation; the use or occupation of this building for
human habitation is prohibited and unlawful."
On the building located at the following address:
Section 2. The Building Inspector is hereby authorized and directed to proceed to
remove or demolish the above described dwelling in accordance with his order to the owner
thereof dated the day of , 19 ,
and in accordance with the Housing Code and G.S. 160A-443.
Section 3. (a) The cost of removal or demolition shall constitute a lien against the
real property upon which the cost was incurred. The lien shall be filed in the office of the Town
Tax Collector, and shall have the same priority and be collected in the same manner as the lien
for special assessments in Article 10 of G.S. Chapter 160A.
is

• (b) Upon completion of the required removal or demolition, the Building Inspector
shall sell the materials of the dwelling and credit the proceeds against the cost of removal or
demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a
surplus 1remains after sale of the materials and satisfaction of the cost of removal or demolition,
the Building Inspector shall deposit the surplus in the Superior Court where it shall be secured
and disbursed in the manner provided by G.S. 160A-446(6).
Section 5. This ordinance shall become effective upon its adoption.
Adopted this day of , 19
ATTEST:
TOWN CLERK
MAYOR
• Note: This ordinance must be recorded in the office of the register of deeds in the county where
the property is located and must be indexed in the name of the property owner in the grantor
index.

• FORM # 9
FILE NO.
STATE OF NORTH CAROLINA )
COUNTY OF ) BEFORE THE ZONING BOARD OF
ADJUSTMENT
TOWN of )
IN RE DWELLING LOCATED AT )
NOTICE OF APPEAL
To the Zoning Board of Adjustment and the Building Inspector of the Town of
Take notice that the undersigned appeals to the Zoning Board of Adjustment of the Town of
from the order of the Building Inspector, dated the
day of 1 19
relating to the dwelling located at
• This appeal is taken for the following reasons:
This is the day of 519
APPELLANT
Filed with the Building
Inspector
Filed with the Zoning Board of Adjustment
BUILDING INSPECTOR -
CLERK.

•
Note: If a Housing Appeals Board has been created to hear appeals involving this code, then the
words "Housing Appeals Board" should be substituted for the words "Zoning Board of
Adjustment" throughout Forms #9-14.
Section 4. It shall be unlawful for any person to remove or cause to be removed the
placard from any building to which it is affixed. It shall likewise be unlawful for any person to
occupy or to permit the occupancy of any building therein declared to be unfit for human
habitation.
LJ
Section 5. This ordinance shall become effective upon its adoption.
Adopted this - day of , 19
ATTEST:
TOWN CLERK
MAYOR
Note: This ordinance must be recorded in the office of the register of deeds in the county where
the property is located and must be indexed in the name of the property owner in the grantor
index.

•
FORM # 10
FILE NO.
NOTICE OF HEARING OF THE ZONING BOARD OF ADJUSTMENT
ON APPEAL FROM ORDER OF BUILDING INSPECTOR
TO:
Notice is hereby given that the Zoning Board of Adjustment will conduct a hearing at
o'clock _.m. on the day of , 19 _, at the
Town Hall, on your appeal from the order of the Building Inspector dated the day
of , 19 _, concerning the property located at
At such hearing you may be heard in person or by agent or counsel upon all legal or factual
questions relating to this matter and shall be entitled to offer such evidence as you may desire
which is relevant or material to the order.
oil This the day of , 19
CLERK
ZONING BOARD OF ADJUSTMENT

FORM # 11
Note: If the whereabouts of an owner are unknown, this affidavit form should be executed by
the Clerk to the Zoning Board of Adjustment prior to publication in a newspaper. This form can
be used in connection with publication of the notice of hearing (Form # 10) or an order of the
Board (Form # 13).
FILE NO.
STATE OF NORTH CAROLINA )
COUNTY OF ) AFFIDAVIT
TOWN OF ) SERVICE BY PUBLICATION
IN RE DWELLING LOCATED AT )
(Name of Clerk to Zoning Board of Adjustment), being first duly sworn, deposes and says:
1. That he is the Clerk to the Zoning Board of Adjustment of the Town of
the body which is authorized to hear appeals arising under the Town Housing Code; and
• 2. That (name of owner(s) of dwelling) (is) (are) the owner(s) of the above entitled
1. dwelling; and
3. That according to the information and belief of the clerk, the whereabouts of the owner(s)
are unknown and cannot be ascertained by the clerk in the exercise of reasonable diligence; and
4. That service of the (notice of hearing) (order) of the Zoning Board of Adjustment must be
made by publication in a newspaper having general circulation in the Town, as authorized by
G.S. 160A-445 and by posting a copy thereof on the outside of the dwelling at the location stated
above.
Sworn to and subscribed before me, this, the
19
CLERK
ZONING BOARD OF ADJUSTMENT
day of
NOTARY PUBLIC
My Commission Expires:

• i I FORM # 12
. FILE NO.
PROOF OF SERVICE
NOTICE OFF HEARING OF THE ZONING BOARD OF ADJUSTMENT
Service of the attached Notice was made on the day of
19 by:
1. Delivering a copy of the Notice to
OR
2. Mailing a copy of Notice by registered or certified mail to
3. The name or whereabouts of the owner cannot, after due diligence, be discovered, and
this Notice was served by publication, after proper affidavit, as authorized by GS 160A-445 and
by posting a copy thereof on the outside of the dwelling at the above -stated location on the
above -mentioned date (specify date if different from above).
CLERK
ZONING BOARD OF ADJUSTMENT
Note: If the notice of hearing is served by certified or registered mail, keep the return receipt
with this form. If the notice of hearing is served by publication, keep the publisher's affidavit of
publication with this form.

E
STATE OF NORTH CAROLINA
COUNTY OF
TOWN of
IN RE DWELLING LOCATED AT
FORM 9 13
FILE NO.
BEFORE THE ZONING BOARD OF
ADJUSTMENT
ORDER
The appeal in the above -entitled matter having been heard after due notice, the -Zoning Board of
Adjustment in its discretion finds, and it is hereby ordered, that the Findings of Fact and Order of
the Building Inspector dated the day of ,
19 , are (affirmed) (reversed) (modified) in the following respects:
This the
40
CLERK
day of
for the following reasons:
19
CHAIRMAN
ZONING BOARD OF ADJUSTMENT

•
FORM # 14
FILE NO.
PROOF OF SERVICE
ORDER OF HOUSING APPEALS BOARD
Service of the attached Order was made on the
19 _, by:
1. Delivering a copy of the Order to
OR
day of
2. Mailing a copy of the Order by certified or registered mail to
3. The name or whereabouts of the owner cannot, after due diligence, be discovered,
and this Order was served by publication, after proper affidavit, as authorized by G.S. 160A-445
and by posting a copy thereof on the outside of the dwelling at the above -stated location on the
above -mentioned date.
CLERK
ZONING BOARD OF ADJUSTMENT
Note: 1. If the notice of hearing is served by certified or registered mail, keep the return
receipt with this form. If the notice of hearing is served by publication, keep the publisher's
affidavit of publication with this form.
2. If the whereabouts of the owner are unknown, publication should not be I
undertaken until the Building Inspector has executed and affidavit to that effect (see Form # 11).

•
0
•
0
�
Multifamily Unit
'Inspection
Project Number:
Prefect Name a Adder:
No. of Units:
• 6w~ Nama & Add—:
Resident manager
Management agent:
Inspector:
Unit No:
Date of Inspection:
Type or unit Inspection:
I I FHA unit inspection
❑ Section 8 HOS Unit Inspection
❑ Movo-in ❑ Move out
❑ O��
condition codas: G-Good /v-.Acceptable R.Requires action
1=1mmedata action required
Condition
Deacription of Noted Conditions or Required Corrections
Target Completion Date
G A
R I
Entire unit
Smoke detectors
Doors and lock
Windows/screens
Heating/ac
❑
Ventilation/air quality
[]
Access to fire escap
Free of vermin/ro
Other
❑ El❑
Hazards?
Yes ❑ No ❑
Living room
Wa11s/nt.d
Ceiling
loolv�.,
rs
-
Elec.fi , clefs
Other
❑
❑
Hazards?
Yes ❑
No ❑
Dinning area
• Walls/int. doors
❑
Ceiling
ff 11
❑
Floors
' Elec. Fixtures/outlets
r
�-7J
Other
Hazards?
Yea
No
Bathroom
Walls/int. doors
r-
Ceiling
i
Floors
Elec.fixtures/outlets
Working toilet
�7
Lavatory (h/c water)
8
Tub/shower (h/c water)
Other
U
Hazards?
Yes
No
Kitetun
Walistint. doors
❑ H ❑ ❑
f 1
Ceiling
Floors
Elec.fixtures/outlets]
Stove
❑
Refrigerator
�_ 1
PeBe 1 of 2
L� �

0
0
•

•
0
Name Case No.
MINIMUM HOUSING STANDARDS CHECKLIST
Section 4 Structural Condition
(1) [ ]
Walls have holes or cracks which can admit rodents
(2) [ ]
Floors structurally unsafe
(3) . [ ]
Foundations deteriorated or damaged
(4) [ ]
Steps, porches unsafe
(5) [ ]
Inadequate facilities for egress
(6) [ ]
Interior walls and ceilings provide no privacy
(7) [ ]
Roof, floors, doors, windows not weathertight
(8) [ ]
Chimney(s) defective
(9) [ ]
Wood floors on -ground
Section 5
Basic Plumbing, Heating, and Electrical Equipment & Facilities
(A) Plumbing System_
(1) [ ] Dwelling unit not connected to portable water supply and public sewer
(2) [ ] Dwelling unit does not contain kitchen sink, lavatory, tub or shower, water closet
or does not have supply of both cold and hot water
(3) [ ] Plumbing fixtures not maintained in state of good repair or good working order
(4) [ ] Plumbing fixtures not located in dwelling unit or accessible to occupants. Tub or
shower located in such a way as to not permit privacy.
(B) Heating System
(1) [ ] Heating system not of sufficient capacity to heat all habitable rooms with a
minimum temperature of seventy (70) degrees Fahrenheit measured three feet (Y)
above the floor during ordinary winter conditions

(C) Electrical System
(1) [ ] Dwelling not wired for electric lights and convenience receptors, two (2) per
habitable room
(2) [ ] Public hall or stairway not adequately lighted
(3) [ ] Fixtures, receptacles, equipment, wiring not maintained in state of good repair,
unsafe
Section 6 Ventilation
(A) [ ] Each room does not contain at least one window or skylight facing directly to
ourdoors.
(B) [ ] Windows do not easily open or do not adequately ventilate the room.
(C) [ ] Bathroom does not have or adequate ventilation.
Section 7 Space, Use, Location
(A) [ ] Dwelling unit does not contain at least one hundred and 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 occupants, and at least seventy-
five (75) square feet of additional habitable floor area for each additional
occupant.
[ ] Bedrooms do not contain at least seventy (70) square feet of floor area. Bedrooms
occupied by more than one occupant do not 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.
(B) [ ] Ceiling height is less than seven feet and six inches (7'6")
(D) [ ] Cellar used for living purposes
(E) [ ] Basement used for living purposes and is not watertight, ventilated
Section 8 Safe and Sanitary Maintenance
.
(A) [ ] Exterior foundation, roof, walls not weathertight and rodent proof, not in good
repair.

•
(B) [ ] Interior floors, walls ceilings not in sound condition and good repair and are not
rodent proof.
(C) [ ] Windows, exterior doors not weathertight, watertight or rodent proof
(D) [ ] Porches and stairs unsafe and uncapable of supporting normal loads
(E) [ ] Bathroom floors not reasoning impervious to water
(F) [ ] Supplied facilities not constructed or installed so that they function safely, not
maintained in satisfactory working condition
(G) [ ] Yards not properly graded to prevent accumulation of stagment water.
(H) [ ] Yard not kept free of weeds and plant growth.
(I) [ ] Dwelling unit not provided with adequate means of egress.
Section 9
• (A) [ ] Dwelling lacking screens for protection against mosquitoes, files and other
insects.
(B) [ ] Opening to basement not equipped with screens to prevent entrance by rodents
(C) [ ] Infestation of insects, rodents, present
(D,E) [ ] Dwelling not supplied with approved containers and covers for storage of rubbish
as. approved by town ordinances.
Section 10 Minimum Standards Applicable to Rooming Houses
(1) [ ] Showers, bathtubs, lavatory basins, and water closets not property connected to
approved water and sewer system and in good working condition, not accessible
from a common hall or passageway, not located in residence building served, not
supplied with hot and cold running water.
(2) [ ] Bedrooms do not contain at least seventy (70) square feet of floor area. Bedrooms
occupied by more than one occupant do not 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.

•
COMPLAINT AND NOTICE OF HEARING
DOCKET NO.
IN RE:
Taken NOTICE that the undersigned has made a preliminary inspection of the above -referenced
property and the same appears to be in violation of the North Carolina State Building Code,
Volume I -A, Section 2.5, and North.Carolina General Statutes 160A-427 (Unsafe Buildings
Condemned).
You are further notified that a hearing will be held before the Building Inspector in the Town
Office Located at 132 East Water Street at on , 1997, for
the purpose of determining whether the said property is in violation of General Statutes 160A-444
and the North Carolina State Building Code.
You have the right to file an answer to this complaint, to appear and be represented at the
hearing, and to give testimony and present evidence relating to said property.
If the Building Inspector determines that the property is not in compliance with the North
Carolina State Building Code, he will serve upon the owner(s) an order requiring the owner to
bring the property into conformity within a stated period of time not exceeding 30 days. If
compliance is not made within the time allowed, the Building Inspector will cause the property to
be brought into compliance or be demolished. If the Town incurs cost for compliance or
demolition, the same shall become a lien upon the property.
You should contact the Minimum Housing Enforcement Officer at
you have any questions.
This the day of , 1997.
Sincerely,
Building Inspector
if

•
•
0 �
Docket No.
Finding of Fact and Order
In Re:
Plymouth, North Carolina
This matter coming to and being heard before the undersigned on ,
1997, the undersigned, having reviewed the file, carefully inspected the premises, heard testimony,
and reviewed the evidence and arguments presented at the hearing, makes the following findings
of fact:
1. () The owners and parties in interest as set forth in the Proof of Service were
given not less than ten nor more than thirty days written notice of hearing.
2. () There were no owners whose identities or whereabouts are unknown except as
set forth in the Affidavit, if any and each of them was served by publication as set out in the
Publisher's Affidavit. .
3. () No answer was filed in this matter.
4. O
present or represented at the hearing and were allowed to give testimony and evidence and make
such arguments as they wished.
5. ( ) The above -referenced building is unfit for human habitation. It does not meet
the Minimum Building Standards as set forth in the Minimum Housing Ordinance because of the
conditions described in the attached Building Inspection Report and is dangerous and injurious to
the health, safety, and welfare of the people of Plymouth.
6. ( ) The building is deteriorated/dilapidated as defined in the Plymouth Minimum
Housing Ordinance because the cost of repairing the building to conform to the Minimum
Housing Standards will exceed 50% of the value of the building. The evidence at the hearing
showed the repair cost to be $ and the value of the building to be $
Based upon the foregoing findings of fact it is hereby ordered that:
A. The owners and parties in interest in the above referenced building shall have a
reasonable amount of time, not to exceed days from the date of this order, to repair said
building to conform to the Minimum Building Standards to vacate and close the building if it is
deteriorated or to remove or demolish the building if it is dilapidated.
1 of 2
0

• B. The repair period is allowed, subject to the following conditions:
( ) That during the repair period said building shall be vacate and closed as a
building for human habitation.
( ) That if said building is not repaired within the time allowed, the undersigned
shall immediately thereafter cause the same to be vacated and closed in such a manner as will
effectively prevent entry by persons or vermin.
( ) That if said building is not repaired within the time allowed, the undersigned
shall immediately thereafter recommend to the Town Board that it pass an ordinance to have the
same demolished.
This the day of , 1997.
Town of Plymouth
Building Inspector/Minimum Housing Enforcement Officer
NOTICE OF APPEAL RIGHTS
You have the right to appeal the foregoing Findings of Fact and Order by filing a notice of appeal
• with the Building Inspector or the Minimum Housing Code Enforcement Officer and the Housing
Appeals Board within ten days after the date of Findings of Fact and Order. The notice of appeal
must be in writing and must specify the grounds of which the appeal is based.
41
Also, you have the right to petition the Washington County Superior Court for an injunction as
provided by G. S. 160A-446(F).
A petition for an injunction does not satisfy the requirements that you appeal the Findings of Fact
and Order to the Board of Adjustment.
2 of 2
J

9
Date:
Name:
Address:
In Re:
Attached hereto is a copy of the Findings of Fact and Order this day in the above -referenced
matter. -The Findings of.Fact and Order also contains a Notice of Appeals Right's and a copy of
the Inspection Report which sets forth the reasons the building does not meet the Minimum
Building Standards.
If the building has been determined to be dilapidated, the Town would prefer that you removed or
demolish it as soon as possible. Under Horton vs. Gulledge, 277 N.C. 353, you have the right to
• repair even a dilapidated building to meet the Minimum Building Standards. This is a decision
that every individual has to make concerning the disposition of the property.
In making your decision you should be aware of the Town's position concerning the condition of
the building at the end of the repair period. If at that time the building is found to be deteriorated
then the Town will immediately move to vacate and close the building. If the building is
dilapidated, then an ordinance may be passed to authorize the demolition of the building.
Except as a matter of courtesy, you will not be contacted by this office prior to vacating and
closing the building or passing an ordinance to demolish the building. If an order to demolish the
building is developed, you will have an opportunity to be heard by the Town board when it meets
to consider the ordinance. Please contact our office if you have any questions.
Sincerely,
Building Inspector/Minimum Housing Enforcement Officer
Town of Plymouth
0

i
HOUSING UNITS
• 11 CURRENTLY
UNDER
CODE
ENFORCEMENT
•

Address
Owner/Address
Building Value
Status
209 Wilson
Thadius Beasley
5300
Burned and removed
_
Elizabeth City__
Z09_5 W. Third St.
Diane K. Freeman
4100
Being torn down currently,
Plymouth
must be completed by 2/10 _
306 E. Fourth St.
Willie Lee Howcutt
5400
Must be torn down by 3/15
_
c/o M. Linson
New York, NY
105 W. Fourth St.
James and Nancy Ward--
11,800
Sold to Baptist Church
Plymouth
—
704 Madison Ave.
John and Martha Moore
Part of CDBG Madison St. Plan
c/o John Moore
_
Boston, MA
417 West Ave.
Heirs of John T. Ransome
8000
Legal question as to who
_
c/o Inez Hebron
actually owns property
--
Baltimore, MD
Northeast Dr.
Pernell and Rosa Lee Carrington
Belcher
Inquired about having town burned
Newark, DE
110 W. Third St.
Connie & Edna Cooper
Town council will pass ordinance
Brookly, NY
to remove dwelling and assess taxes
E. Fourth St.
H. Eugene Cunningham
This property is now in his daughter's name.
Plymouth
She told me she has been a little overwhelmed
with the responsibilities that have been placed on her
because of the property that was left to her.
_
108 E. Third St.
Lorenza Midget
Pending hearing
Plymouth
_
103 Little Ct.
Cooper Tangerine
Pending hearing
Plymouth
219 Jefferson St.
Mary J. Simpson
PO Box 10
Plymouth
Pending hearing
306 Oakford Ave.
Vaccant/Abandon
0 0 0