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DESCRIPTION |
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City of Asheville Housing
Code (1970 Edition)- FULL TEXT |
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[1970 Edition]
CITY OF ASHEVILLE
HOUSING CODE |
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foreword |
FOREWORD
The following is a compilation of Ordinance #594, adopted April 18,
1968, which became effective May 3, 1968. Said Ordinance amended the
Code of Ordinances of the City of Asheville by repealing Article II of
Chapter 8 containing Sections 8-13 through 8-26, known as the Housing
Code, and inserted, in lieu thereof, a new Article II of Chapter 8
containing Sections 8-13 through 8-41. Sections 8-17, 8-29 and 8-31 were
amended by Ordinance #610, adopted November 21, 1968, to become
effective December 6, 1968. Sections 8-29, 8-30 and 8-31 were later
amended by Ordinances #661, #662 and #663 respectively, all adopted
April 2, 1970, and to become effective April 17, 1970. The original
ordinance, known as the Housing Code of the City of Asheville, is on
file in the Office of the City Clerk of the City of Asheville. |
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HOUSING CODE
OF THE
CITY OF ASHEV1LLE
CHAPTER 8 ARTICLE II
Sec. 8-13. HOUSING CODE ESTABLISHED, TITLE.
There are hereby established rules and regulations for the repair or
elimination of unfit housing and dangerous building conditions in the
City of Asheville, North Carolina, which shall be known and may be cited
as "The Housing Code of the City of Asheville," and will be
referred to hereafter as "this code."
Sec. 8-14. EXERCISE OF POLICE POWERS: AUTHORITY.
The City Council hereby finds and declares that there exists in the City
of Asheville, dwellings which are unfit for human habitation and
buildings which are dangerous 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 dwellings and buildings unsafe or unsanitary, or
dangerous or detrimental to the health, safety, or morals, or otherwise
inimical to the welfare of the residents of the City of Asheville: and
that a public necessity exists to exercise the police powers of the City
pursuant to Article II and Article 15 of Chapter 160 of the General
Statutes of North Carolina, as now or hereafter amended, to cause the
repair and rehabilitation, closing, or demolishing of such dwellings and
buildings in the manner herein provided.
Sec. 8-15. SUBSTANDARD BUILDINGS DECLARED NUISANCES.
All buildings or portions of buildings which are determined by the
building inspector to be substandard are hereby declared to be public
nuisances and shall be repaired or rehabilitated to the standards of
this code or demolished in accordance with the procedure set forth
herein.
Sec. 8-16. PURPOSE.
The purpose of this code is to arrest, remedy, and prevent the decay and
deterioration of places of habitation and to eliminate blighted
neighborhoods by providing minimum requirements for places of habitation
for the protection of the life, health, welfare, safety, and property of
the general public and the owners and occupants of places of habitation.
Sec. H-17. SCOPE.
The provisions of this code are applicable to all existing buildings and
to all buildings hereafter constructed within the City of Asheville.
Demountable buildings or structures, when used or intended for use for
human habitation within the City, shall be subject to the applicable
provisions of this code.
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Sec. 8-17. DEFINITIONS.
(A) "Apartment House," shall mean any building, or portion
thereof, which is designed, built, rented, leased, let, or hired out to
be occupied, or which is occupied as the home or residence of three or
more families living independently of each other in dwelling units.
(B) (1) "Area," as
applied to the dimensions of a building, shall mean the maximum
horizontal prospected area of the building at a grade.
(2) "Area," as applied to the dimensions of a room, shall mean the
total square footage of floor area between finished walls.
(C) "Basement," shall mean a story having a
clear height of at least 71/2 feet from finished floor to finished
ceiling, the floor level of which is below finished grade but not more
than 4 feet below the average finished grade, having floor and walls of
approved construction incorporating vapor barriers where recommended.
(D) "Building," shall mean that which is built
or constructed, an edifice or building of any kind, or any piece of work
artificially built up or composed or parts joined together in some
definite manner. The term "building" shall be construed as if followed
by the words "or part thereof."
(E) "Ceiling Height," shall be the clear vertical
distance from the finished floor to the finished ceiling.
(F) "Certificate of Occupancy," shall mean a permit
issued by the Chief of Building Inspections, or his designated agents,
certifying that the named dwelling or dwelling unit complies with the
minimum requirements of this code.
(G) "Demolish," shall mean the demolition and removal
of the entire building leaving the property free and clear of any debris
and without holes or pockets.
(H) "Deteriorated," shall mean that a building is
unfit for human habitation and can be repaired, altered, or improved to
comply with all of the standards established by this code, at a cost not
in excess of sixty percent (60%) of its value, as determined by finding
of the Inspector.
(I) "Dilapidated," shall mean that a building is unfit for
human habitation and cannot be repaired, altered, or improved to comply
with all of the standards established by this code at a cost not in
excess of sixty percent (60%) of its value, as determined by finding of
the Inspector.
(J) "Dwelling," shall mean any building or structure or
portion thereof, which is used or designed or intended to be used for
human habitation including living, sleeping, cooking and eating, or any
combination thereof, and shall include any outhouses and appurtenances
belonging thereto or so enjoyed therewith. |
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(K) "Dwelling Unit,"
shall mean any room or group of rooms located within a building and forming a
single habitable unit with facilities which are used or intended to be
used for living, sleeping, cooking, and eating. (L) "Exit," shall mean
a clear and unobstructed way of departure from the interior of a building
or structure to the exterior at street or grade level.
(M) "Extermination," shall mean the control and elimination of
insects, rodents, and other pests by eliminating their harborage places:
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 methods approved by the
Inspector.
(N) "Family," shall mean one or more persons living together and
having common housekeeping
facilities.
(O) "Garbage," shall mean the animal and vegetable waste resulting
from the handling, preparation,
cooking, and consumption of food.
(P) "Habitable Space," or Habitable Room," shall mean any room or
enclosed floor space in a building or structure used or intended for use
for living, sleeping, cooking or eating, including kitchens, but
excluding bathrooms, toilets, halls, corridors, pantries,
storage space, closets, laundries, and other spaces not used frequently
or during extended periods.
(Q) "Household," shall mean all persons who occupy a dwelling unit,
(a person living alone or any group of persons sharing a dwelling unit
is a household.)
(R) "Housing," shall mean any dwelling, apartment, rooming house,
boarding house, or similar building or structure, or part thereof,
containing habitable space or intended for use for human habitation,
including any outhouses and appurtenances belonging thereto or usually
enjoyed therewith, except for transient occupancy.
(S) "Infestation," shall mean the presence within or around
any-housing of any insects, rodents, or other pests.
(T) "Inspection Division," shall mean the office and staff of the
Chief of Building Inspections of the City of Asheville.
(U) "Inspector," shall mean the Chief of Building Inspections and
any other employee of the City
in the Building Inspection Division whose assigned duties include the
enforcement of the provisions of this chapter.
(V) "Occupant," shall mean any person over one year of age living,
sleeping, cooking, or eating in or having actual possession of a
dwelling unit or room.
(W) "Owner," is deemed to mean and include the holder of any legal or
equitable estate in the premises whether alone or jointly with others,
and whether in possession or not. |
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(X) "Parties in Interest ,"
shall mean all individuals, associations, partnerships, corporations and
others who have interest in a dwelling or building, and any who are in
possession or control thereof—as executor, executrix, administrator,
administratrix, trustee, or guardian of the estate of the owner, any
such person thus representing the owner or owners shall be bound to
comply with the provisions of this chapter and to the rules and
regulations adopted pursuant thereto to the same extent as if he were
owner. (Y) "Pier," shall mean a masonry support of at least 8" x 12"
of solid masonry extending from the ground and footing to and supporting
the building or portion thereof. Pier sizes and
spacing shall conform to the specifications of the North Carolina Residential
Building Code.
(Z) "Plumbing," shall mean the water supply system, the sanitary and
storm drainage system, the vent system, fixtures and traps and shall
include their respective connections, devices, appliances, and
appurtenances within the property
lines of the
premises.
(AA) "Public Authority," shall mean any housing authority or any
officer who is in charge of any department or branch of the City
Government, Buncombe County, or State of North Carolina relating to
health, fire, building regulations, or other activities concerning
dwellings or buildings in the City of Asheville.
(BB) "Public Space," shall mean that space within any housing which
is open to use by the general
public.
(CC) "Removal," shall mean the demolition and removal of the entire
building, leaving the property free and clear of debris and without
dangerous holes or pockets.
(DD) "Rooming House," shall mean a building in which five or more
rooms are let for rent.
(EE) "Rubbish," shall mean combustible and noncombustible waste
materials, except garbage: including, but not limited to, ashes, wood,
coal, coke, and other combustible materials, paper, rags, cartons,
boxes, excelsior, rubber, leather, tree branches, yard trimmings,
leaves, tin cans, metals, mineral
matter, glass,
crockery, dust, and dirt.
(FF) "Sagging," shall mean the amount of deflection occurring over a
span between two supports. A deflection of 1/240 shall be deemed as a
structural defect.
(GG) "Seriously," shall mean that the amount of damage occurring
shall be sufficient to decrease the designed strength of the structural
member.
(HH) "Story," shall mean that part of a building comprised between a
floor and the floor or roof next above.
(II) "Structure," shall mean that which is built or constructed, an
edifice or building of any kind, or any piece of work artificially built
up or composed of parts joined together in some definite manner. The
term "structure" shall he construed as if followed by the words, "or
part thereof." |
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(JJ) "Substandard
Building," shall mean any building, including any dwelling unit, guest
room or suite of rooms, or the premises on which the same is located, or
portion thereof, in which there exist any nuisance as defined in this
chapter or any conditions which endanger the life, limb, health,
property, safety or welfare of the public, or the occupants thereof
shall be deemed and hereby is declared to be a substandard building. (KK)
"Tenant," shall mean any person who alone or jointly or severally with
others occupies a residential building under a lease or holds a legal
tenancy in a building.
(LL) "Ventilation," shall mean the supply
and removal of air to and from a space by natural or mechanical means.
(MM) ''Ventilation, Natural," shall mean ventilation by opening to
outer air through windows,
skylights, door, louvers or stacks with or without wind driven devices.
(NN) "Ventilation, Mechanical," shall mean ventilation by power
driven devices.
Sec. 8-18. RESERVED
Sec. 8-19. ADMINISTRATION.
(A) ENFORCEMENT AGENCY
(1) The Chief of Building Inspections is hereby designated the public
officer to exercise, by and through his duly appointed agents, the
powers prescribed by this code.
(2) There is hereby created and established an additional division
within the Public Safety Department, under the direction of the Chief of
Building Inspections, to be known as the Housing Division, which shall
be composed of the Chief of Building Inspections, Building Inspector,
Housing Officer and such other employees as shall be authorized by the
City Council and appointed by the City Manager.
(B) CONSULTING AGENCY
The inspector shall have authority to request advice and assistance
of the Ashevi1le-Buncombe County Metropolitan Planning Board, the
Redevelopment Commission of Asheville, Asheville Fire Department,
Asheville Police Department, Asheville Water Department, Housing
Authority of the City of Asheville, Inc., and the Buncombe County Health
Department including Air Pollution and Plumbing and any other public
authority he may deem appropriate in order to determine those areas of
the City in which substandard housing may be prevalent, and shall
designate and schedule such areas for comprehensive inspection under
this code. This procedure shall be in addition to regular, city-wide
inspections under Section 8-29 of this code. |
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(C) POWERS The inspector
may determine that buildings are substandard and unfit for human
habitation if he finds, on the basis of the standards and requirements
of fitness set forth in this chapter, that conditions exist in such
buildings which are dangerous or injurious to the health, safety, or
morals of the occupants of such buildings, the occupants of neighboring
buildings or other residents of the City; 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; and uncleanliness.
(D) ADMINISTRATIVE LIABILITY
Except as may otherwise be provided by statute or local law or
ordinance, no officer, agent, or employee of the municipality charged
with the enforcement of the Housing Code shall be personally liable for
any damage that may accrue to persons or property as a result of any act
required or permitted in the discharge of his duties under this code. No
person who institutes or assists in the prosecution of a criminal
proceeding under this code shall be liable to damages hereunder unless
he acted with actual malice and without reasonable grounds for believing
that the person accused or prosecuted was guilty of an unlawful act or
omission.
Sees. 8-20, 8-21. RESERVED.
Sec. 8-22. STANDARDS OF FITNESS.
Without excluding other ways and means of determining that a dwelling
unit is unfit for human habitation, the Housing Officer shall make such
findings when one or more of the following conditions are not met:
(A) Space and Use Standards
1. A kitchen-dining room combination, if any, of not less than 100
square feet.
2. A bedroom occupied by not more than one person shall contain not
less than 70 square feet of floor space. Any bedroom occupied by two or
more persons must contain a minimum of 50 square feet of floor space per
person.
3. At least 70 square feet in each habitable room.
4. At least 150 square feet of floor space in habitable rooms for the
first occupant in each housing unit; at least 100 square feet for each
of the next three occupants; and at least 50 square feet for each
additional occupant over the number of four. (Children one year of age
and under shall not be counted.) |
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5. No basement
space used as a habitable or dwelling unit unless: a. The floor and
walls are impervious to leakage of underground and surface run-off water
and are insulated against dampness and condensation.
b. The total of window area in each room is equal to at least the
window area sizes prescribed herein for habitable rooms. (See below, (B)
Light and Ventilation Standards.)
c. Such required window area is located entirely above the grade of
the ground adjoining such window area unless provided with adequate
window wells.
d. The total of openable window area in each room is equal to at
least the area prescribed herein for habitable rooms. (See below, (B)
Light and Ventilation Standards.) Except, where there is supplied some
other device affording adequate ventilation and approved by the Chief of
Building Inspections.
6. Toilet and bathing facilities enclosed.
7. No holes or excessive cracks shall be in walls and/or ceilings of
rooms.
8. Access provided to all rooms within a dwelling unit without
passing through a public space. Rooming houses are exempt from this
requirement.
9. Doors provided at all doorways leading to bedrooms, toilet rooms and
bathrooms and all rooms adjoining a public space.
10. Access shall be provided to required toilet rooms without going
outside building. Toilet shall not open directly on to an open porch.
11. Access provided to living rooms, kitchen and bedrooms without
passing through a bedroom, except in a dwelling unit with only one
bedroom.
12. Doors providing access to any living unit shall be capable of being
located locked
13. All outside doors shall be reasonably weathertight.
(B) Light and Ventilation Standards
1. Window glazed area in each habitable room shall not be less than
ten (10) square feet or ten (10) percent of the floor area whichever is
greater.
2. Openable window area in each habitable room equal to at
least one-half of the window area and facing directly to the outside for
ventilation, unless room is served by an approved ventilating system.
3. All windows used for ventilation purposes and door opening
to the outside shall be adequately screened from April 15 to October 15. |
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4. Windows reasonably weathertight; no
broken glass.
5. Openable
window area in each toilet room of at least 1 1/2 square feet, unless served by approved ventilating system.
6. All screens tight fitting, free of holes and not nailed to window
frames or sash.
7. Every public hall and inside stairway in every dwelling or
multi-family dwelling shall be adequately lighted at all times with an
illumination of at least three (3) foot candles per square foot in the
darkest portion of the normally traveled stairs and passageways.
(C) Exit Standards
1. Two main exits, each at least 30 inches wide and 6'8" high, easily
accessible to the occupants of each dwelling unit. All existing doors
easily openable and remotely located.
2. Platforms, steps and/or handrails provided to serve exits and
maintained in safe condition.
3. Safe, continuous and unobstructed exit from interior of building to
the exterior at street or grade level.
(D) Plumbing Standards
1. Connection to the City sanitary sewer system where
available; otherwise, an approved septic tank.
2. All fixtures operable.
3. No broken water closet bowls.
4. Water closet not loose or leaking.
5. No leaks in shower stall floor.
6. No hopper or vogel bowl toilets.
7. Adequate facilities for furnishing hot water to each tub or shower,
lavatory, and kitchen sink.
8. Installed water supply inside building for each dwelling unit.
9. Installed water closet, tub or shower, lavatory and sink for each
dwelling unit. Kitchen sink at least 12" x 16" x 6" deep.
10. Separate toilet facilities for each dwelling unit.
11. Toilet and bathing facilities protected from the weather.
12. All water piping protected from freezing by proper
insulation in protected space.
13. At least one 2
1/2" minimum size main vent properly
installed for each building.
14. Soil and water lines properly supported with no broken or
leaking lines.
15. Every water closet compartment floor surface and bathroom
floor surface so constructed and maintained as to be reasonably
impervious to water and so as to permit such floor to be readily kept in
a clean and sanitary condition. |
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(E) Heating Standards
1. Every dwelling shall have heating facilities which are properly
installed, are maintained in safe and good working condition and are
capable of safely and adequately heating all habitable rooms and
bathrooms in every dwelling unit located therein to a temperature of at
least 70 degrees F., when the outside temperature is 15 degrees F.
2. Where heat is not furnished from a central heating plant, each
dwelling shall have at least two (2) fireproof chimney flues to permit
the operation of sufficient heating equipment to maintain temperature of
rooms to the requirement stated in subsection (1) above.
3. All units furnished with heating facilities shall have such
facilities properly installed and maintained in good and safe working
condition and capable of safely and adequately heating all habitable
rooms.
4. All gas and oil heating equipment listed by Underwriters
Laboratories, National Warm Air Heating Code, or American Gas
Association and installed as approved.
5. As to multi-family housing, liquid fuel stored in outside tanks and
piped to heating units.
6. No loose bricks in chimney.
7. No hanging masonry chimneys.
8. No holes in flue.
9. Thimbles grouted in tight.
10. Thimbles high enough for stovepipe to rise 1/4" per foot minimum.
11. Hearth, where required, shall be at least 16" deep and 6" beyond
each side of fireplace opening.
12. No combustible materials shall be within 7" of the top and 7" of
either side of the fireplace opening.
13. Fireplace used only for supplemental heat and not for basic heating.
14. Masonry closure, if fireplace opening closed.
15. Stove within six feet of thimble serving it.
16. No combustible materials within 12" of stovepipe.
17. No stovepipe through combustible walls.
18. In apartment buildings, institutional buildings, and rooming houses
with central heat, the furnace room shall be enclosed with material
having at least a one-hour fire protection rating.
(F) Electrical Standards
1. No receptacles, ceiling fixtures, or other fixtures hanging loose.
2. All switches and fixtures safely operable.
3. At least two duplex convenience outlets per habitable room as remote
from each other as practicable.
4. At least one light in bathroom.
5. No unsafe wiring.
6. No extension cords shall be spliced. |
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7. No circuits shall in overloaded.
8. Fuses sized correctly and not bridged out.
9. All wiring to be installed shall be in accordance with the National
Electrical Code and the Electrical Ordinances of the City of Asheville.
10. All wiring shall be maintained in a safe condition.
(G) Structural Standards
1. Foundation
a. Beneath the building firm ground, reasonably dry, no soggy ground, no
water standing, no water running under the building.
b. Sound footings, adequate bearing.
c. Sound piers, no loose mortar or building materials.
d. There shall be no piers in which plumb line from top center falls
outside middle one-third of pier base.
e. There shall be no isolated solid masonry piers exceeding in height 10
times least dimension of pier.
f. No wood stiff knees or other improper piers.
2. Floors
a. No rotted or termite damaged sills.
b. No broken, overloaded, or sagging sills.
c. Sills reasonably level.
d. Sills properly and sufficiently supported.
e. No rotted, fire damaged, or termite damaged joists.
f. No broken, or sagging joists.
g. Maximum spans for floor joists, providing they show signs of being
weak or overloaded, are as follows:
18' for 2" x 10" at 16" O.C.
15' for 2" x 10" at 24" O.C.
14' 6" for 2" x 8" at 16" O.C.
12' for 2" x 8" at 24" O.C.
11' for 2" x 6" at 16" O.C.
9' for 2" x 6" at 24" O.C.
h. No 2" x 4" floor joists shall be allowed.
i. There shall be no joists or sills seriously damaged by fire.
j. Flooring weathertight without holes or excessive cracks which permit
air to penetrate rooms.
k. Flooring reasonably smooth, not rotten, fire damaged, or worn
through,
l. No loose flooring.
m. Floor reasonably level.
n. Over the floor joists, there shall be a sub-floor and finish floor
with building paper between them if structure does not have masonry
curtain wall foundation. |
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3. Walls, Exterior
a. There shall be no wall in which plumb line from top center of studs
falls outside base plate at any point along wall.
b. There shall be no studs spaced excessively, minimum: 16" O.C. where
solid sheathing or siding is not used; 24" O.C. where solid sheathing or
siding is used.
c. No studs shall be rotted, fire damaged, or termite damaged.
d. No broken or cracked structural members.
e. All siding weathertight with no holes, excessive cracks or rotted
boards which permit air to penetrate rooms.
f. No loose siding.
g. No deterioration due to the elements because of lack of preventive
maintenance consisting of painting, waterproofing, and repair.
4. Walls, Interior
a. Interior finish free of holes and excessive cracks which permit air
to penetrate rooms.
b. There shall be no walls in which plumb line from top center of studs
falls outside base plate at any point along wall.
c. No loose plaster, loose boards, or other loose wall materials.
d. No cardboard, newspaper, or other highly combustible or improper wall
finish.
e. There shall be no studs excessively spaced, maximum:
16" O.C. where 3/8", or less sheetrock is used.
24" O.C. where solid
wood, piaster, plywood finish, or V sheetrock is used.
f. No studs shall be rotted or termite damaged.
g. No broken or cracked studs or other structural members.
5. Ceilings
a. No joists rotted, broken, sagging, or improperly supported ends.
b. Maximum spacing for ceiling joists, provided they show signs of
sagging and being weak, are as follows:
16" O.C. where 3/8" sheetrock or less is used.
24" O.C. where solid
wood, plywood, or V plus sheetrock is used.
c. Maximum span for ceiling joists, provided they show signs of being
weak or overloaded (only attic space above), are as follows: |
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22'
for 2" x 8" at 16" O.C.
19' for
2" x 8" at 24" O.C.
16' for 2" x 6" at 16" O.C.
15' for 2" x
6" at 24" O.C.
10' for 2" x 4" at 16" O.C.
9' for 2" x 4" at 24" O.C.
d. There shall
be no holes or excessive cracks which permit air to
penetrate rooms.
e. No loose plaster, boards, sheet rock, or other ceiling finish .
f. No cardboard or other highly combustible finishes.
g. There shall be no ceiling joists seriously damaged by fire.
h. There shall be no ceiling joists closer than 2" to a chimney, unless protected as required by North Carolina Residential
Building Code.
6. Roof
a. No rafters rotted, broken, sagging, or improperly supported ends. All
eaves in proper structural condition.
b. No rafters seriously fire damaged.
c. Rafters shall be properly braced and tied 4' O.C. maximum.
d. Attic shall be ventilated. A net free area of at least 1/150 of the
attic floor space is required. Obstructions caused by screens and
louvres must be subtracted to obtain the net area. The net free area
must be cut to 1/300 if 50 percent of the ventilation is in the upper
portion of the attic.
e. No rotted, loose, fire damaged, or sagging sheathing.
f. No loose roof covering, no holes, no leaks causing damage to
structure or rooms.
g. There shall be a minimum of Class C roof covering. No wood shingles
shall be exposed.
h. Proper flashing at walls or chimneys.
i. There shall be no roof with more than two (2) coverings. For this
purpose, wood shingles shall not be considered a covering.
7. Porches
a. Foundation, floor, ceiling, and roof equal to standards as set forth
above, except: sills and joists need not be level if providing drainage
of floor; floors need not be weathertight; floors need not be level if
providing for drainage; ceiling height may be 7' 0" and attic need not
be vented.
b. Adequate posts and railings, not rotted, broken, or termite damaged. |
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8. Stairs and Steps
a. Free of holes, grooves and cracks large enough to constitute accident
hazards.
b. Stairwells and flights of stairs more than five risers high shall
have rails not less than 32" measured vertically from the nose of the
treads to the top of the rail.
c. Every rail firmly fastened and maintained in good condition.
d. No flight of stairs shall be settled more than one inch out of its
intended position or pulled away from supporting or adjacent structures.
e. No rotting, sagging, or deteriorating supports.
f. Every stair tread uniform in height, sound, and securely fastened in
position and strong enough to bear a concentrated load of at least 400
pounds without danger of breaking through.
(H) Property Maintenance
1. Buildings and Structures
a. Exterior wood surfaces, not inherently resistant to deterioration, periodically treated with a protective coating of
paint or other suitable preservative with sufficient frequency to
prevent deterioration.
b. Floors, walls, ceilings, furnishings, and fixtures maintained in
clean and sanitary condition.
2. Open Areas
a. Surface and sub-surface waters appropriately drained to protect
buildings and structures and to prevent development of stagnant ponds.
b. Fences and other accessory structures or buildings shall be
maintained in safe and substantial condition or demolished.
c. Yards and courts kept clean and free of physical hazards, rubbish,
trash, garbage, junked, or abandoned auto parts, and the like.
d. No heavy undergrowths or accumulations of plant growth which are
noxious or detrimental to health.
3. Infestation
a. Grounds, buildings, and structures maintained free of insects,
vermin, and rodent harborage and infestation by generally accepted
methods of extermination.
4. Garbage and Refuse
a. Adequate sanitary facilities and methods provided and used for the
storage, handling, and disposal of garbage and refuse. |
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Sec. 8-23
RESERVED
Sec. 8-24. BUILDINGS UNFIT FOR HUMAN HABITATION.
(A) The inspector shall determine that a building is unfit for human
habitation or a building is dangerous if he finds that any of the
following conditions exist in such buildings:
1. Supporting member or members which show thirty-three percent (33%) or
more of damage or deterioration, or non-supporting enclosing or outside
walls or covering which show fifty percent (50%) or more of damage or
deterioration.
2. Floors or roofs which have improperly distributed loads, which are
overloaded or which have insufficient strength to be reasonably safe for
the purposes used.
3. Such damage by fire, wind, or other causes as endangers the lives,
safety, or welfare of the occupants or other people in the city.
4. Dilapidation, decay, insanitation, or disrepair which is likely to
cause sickness or disease, or to work injury to the health, safety, or
welfare of the occupants or other people in the city.
5. Inadequate facilities for egress in case of fire or panic.
6. Defects therein increasing the hazards of fire, accident, or other
calamities.
7. Such lack of adequate ventilation, light, heating, or sanitary
facilities as endanger the health, morals, safety, or general welfare of
the occupants or other residents of the city.
8. Violation of any provision of the building regulations or fire prevention laws or ordinances of the state or city
(B) A building shall be construed by the inspector to be unfit for human habitation or a dangerous building, and he shall so find if the same does not have minimum facilities as required in this
chapter.
Sec. 8-25. RESERVED.
Sec. 8-26. RESPONSIBILITY OF OCCUPANT AND OWNER.
(A) Occupant - Every occupant of a dwelling unit or apartment shall:
1.
Keep that part of a dwelling unit or an apartment which he |
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| 15 |
occupies and
controls in a clean and sanitary condition.
2. Keep all required plumbing and other fixtures in a clean and sanitary
condition, and exercise reasonable care in the use and operation
thereof.
3. Be responsible for the extermination of any insects, rodents, or
other pests whenever said dwelling unit or apartment is the only one in
the residential building infested and the owner has provided a
reasonably insect-proof and adequate rodent-proof building.
4. Dispose of all garbage and other refuse in an approved garbage
receptacle; when approved garbage receptacles are not provided by the
landlord, it shall be the responsibility of the occupant to provide
adequate approved garbage receptacles.
5. Not place on the premises any material which causes a fire hazard or otherwise endangers the health or safety of any occupants of
such buildings; not place in storage on the premises any furniture, auto
parts, junk, equipment, or material which harbors insects, rodents, or
other pests.
6. Not occupy any dwelling unit or apartment so that any occupancy or
use resulting therefrom violates any of the provisions of this chapter.
7. Not occupy any dwelling unit unless running water is provided to the required plumbing fixtures.
8. Not place on the premises for use any oil or gas fired portable or
non-vented cook stove, or heater.
9. Not place on the premises for use any heating or cooking unit which constitutes a fire hazard.
(B) Owner
An owner remains liable for violations of duties imposed upon him by
this chapter even though:
1. An obligation is also imposed on the occupants.
2. The owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this chapter.
Sec. 8-27, 8-28. RESERVED. |
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Sec. 8-21). ENFORCEMENT
(A) Duty of Inspector
It shall be the duty of the inspector diligently to examine the
dwellings and buildings located in the city for the purpose of locating
and taking action with respect to such dwellings as appear to be unfit
for human habitation and such buildings as appear to be dangerous.
(B) Powers of inspector
1. Upon discovering a violation under Section 8-26, the inspector shall have the power immediately to:
a. Cause to be posted on the main entrance of any building a placard
with words which, in effect, provide notice that the building has been
condemned and that occupancy for human habitation is prohibited and
further setting forth the reasons therefor.
b. Order the correction of any violations thereof, or otherwise, order
the building vacated within forty-eight (48) hours from date of notice
thereof.
c. Pursue any other remedial action as the inspector may deem reasonably
necessary in order to effectuate the purpose of this chapter.
2. Whenever a petition is filed with the Building Inspector by a public authority, or by at least five residents of the city charging
that any dwelling is unfit for human habitation or any building is
dangerous or whenever it appears to the Building Inspector (on his own
motion) that any dwelling is unfit for human habitation or any building
is dangerous, the inspector 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 dwelling or building, a
complaint stating the charges in that respect and containing a notice
that a hearing will be held before the Inspector (or his designated
agent) at a place within the City of Asheville at a time fixed not less
than 10 days nor more than 30 days after the serving of said Complaint.
The owner and parties 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. The rules of
evidence prevailing in courts of law or equity shall not be controlling
in hearings before the Inspector.
3. If, after such notice and hearing, the inspector determines that the
building under consideration is unfit for human habitation in accordance
with the standards herein set forth, he shall state in writing his
finding of fact in |
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| 17 |
support of
such determination, stating whether said building is deteriorated or
dilapidated, and shall issue and cause to be served upon the owner
thereof an Order: a. If the
repair, alteration, or improvement of said building, bringing it up to
the standards described herein, can be made at a cost of less than 60
percent (60%) of the present value of the building, the Order shall
require the owner, within a specified period of time, not to exceed
ninety (90) days, to repair, alter, or improve such building so as to
render it fit for human habitation, or it shall require the owner within
the specified time therein, not to exceed ninety (90) days, to repair,
alter, or improve such building so as to render it safe. Such Order may
also direct and require the owner to vacate and close such building
until the repairs, alterations, and improvements have been made and/or
the unsafe and dangerous character of such building has been corrected.
b. If the repair, alteration, or
improvement of said building, bringing it up to the standards described
herein, cannot be made at a cost of less than 60 percent (60%) of the
present value of the building, the Order shall require the owner, within
a specified period of time, not to exceed ninety (90) days, to vacate
and close and to remove or demolish such building.
4. The Building Inspector is hereby
authorized to fix the reasonable value of any dwelling or building for
the purpose of this section and such value shall be binding, unless the
owner protests such value in writing to the inspector within fifteen
(15) days after receipt of an Order. Upon such protest, the inspector
shall nominate one competent and disinterested person; the protesting
party shall nominate one competent and disinterested person, and the two
persons so nominated shall nominate a third competent and disinterested
person; and the three persons so nominated shall serve as commissioners
of appraisal. Said commissioners shall make their appraisal of the value
of dwelling or building under consideration, shall return said appraisal
to the inspector and the protesting party within ten (10) days after
their appointment; and said appraisal shall be binding and conclusive
for the purpose of this section. The cost of any such appraisal shall be
paid by the protesting party to the inspector at the time of filing
written protest.
5.
If the owner of a building found to be
deteriorated fails to comply with an Order to repair, alter, or improve
the building, the inspector shall secure the issuance of a warrant
charging such owner with a violation of |
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| 18 |
the Standards
of Fitness established by this code as provided in Sec. 8-29 (B) 8.
Further, if the owner of such a building found to be deteriorated fails
to comply with an Order of the inspector to repair, alter, or improve,
the inspector shall cause such building to be repaired, altered, or
improved, and pending such repairs, alterations, or improvements may
order such building vacated and closed, and may cruise to be posted on
the main entrance of any building so closed, 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."
6. If the owner of a building found to
be unsafe and dangerous to life fails to comply with an Order to repair,
alter, or improve; or to vacate and close and to remove or demolish a
building, the inspector shall secure the issuance of a warrant charging
such owner with a violation of N. C. G. S. 160-152. Further, if the
owner of such a building found to be unsafe and dangerous to life fails
to comply with an Order of the inspector to repair, alter, or improve,
or to vacate and close, and remove and demolish, the inspector may cause
such building to be repaired, altered, or improved, or to be vacated and
closed, removed or demolished and pending such repairs, alterations, or
improvements, removal or demolition, the inspector shall cause to be
posted on the main entrance of any building so closed a placard with the
following words:
"This building is dangerous, it is
hereby closed and its use is prohibited."
7. If the owner of a building found to
be dilapidated fails to comply with an Order to vacate and close, remove
or demolish the building, the inspector shall secure the issuance of a
warrant charging such owner with a violation of the Standards of Fitness
established by this code as provided in Sec. 8-29 (B) 8. Further, if the
owner of such a building found to be dilapidated fails to comply with an
Order of the inspector to vacate and close, and remove and demolish, the
inspector may cause such building to be vacated and closed and removed
or demolished. The inspector may cause to be posted on the main entrance
of any building so closed 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." |
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| 19 |
Provided,
however, that the inspector shall not cause the repair, alteration,
improvement, removal, or demolition of any buildings as set forth in
paragraphs (5), (6), and (7) of this section until the City Council
shall have by ordinance ordered the inspector to proceed to effectuate
the purpose of this code with respect to the particular property or
properties which the inspector shall have found to be unfit for human
habitation or dangerous, and which property or properties shall he
described in the ordinance. Such ordinance shall he recorded in the
Office of the Register of Deeds for Buncombe County, North Carolina and
shall be indexed in the name of the property owner in the grantor index.
8. Violations;
Failure, Neglect, or Refusal
to Repair, Alter, Improve, Vacate and Close, Remove or Demolish; Renting
of Unfit Dwelling after Notice; Penalty
It shall be unlawful for the owner of
any building 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 inspector 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.
When the inspector finds that a building
is unfit for human habitation or dangerous within the meaning of this
section and has notified the owner to such effect and the time limit set
by the inspector for the correction of defects or vacating same has
expired, no person shall receive rentals, offer for rent or occupy such
building unit as a human habitation, and each, day such offense
continues shall be deemed a separate offense. Any person violating these
provisions shall be guilty of a misdemeanor, and upon conviction such
offender shall be punished by a fine of not more than Fifty ($50.00)
Dollars for each separate offense.
The violation of any provision of this
code shall constitute a misdemeanor, as provided by N. C. G. S. 14-4.
9. The amount of the cost of such
repairs, alterations, or improvements, or vacating and closing, or
removal or demolition by the inspector shall be a lien against the real
property upon which such cost was incurred, which lien shall be filed,
have the same priority and be collected as provided by Article 9 of
Chapter 100 of the General Statutes of North Carolina. If the dwelling
is removed or demolished by the inspector, he shall sell the materials
of such dwellings and shall credit the proceeds of such sale against the
cost of the removal |
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| 20 |
or demolition
and any balance remaining shall be deposited in the Superior
Court by the inspector, shall be secured in such manner as may be
directed by such court, and shall be disbursed by such court to the
persons found to be entitled thereto by final order or decree of such
court: Provided, however, that nothing in this section shall be
construed to impair or limit in any way the power of the City of
Asheville to define and declare nuisances and to cause their removal or
abatement by summary proceedings, or otherwise.
10. Failure on the part of any owner or
party in interest to receive or have served upon him any complaint,
notice, or order herein provided for shall not affect or invalidate the
proceedings with respect to any other owner or party in interest or any
other person, firm, or corporation.
Sec. 8-30. SERVICE
OF COMPLAINTS AND ORDERS.
Complaints or orders issued by the
inspector pursuant to this code shall be served upon persons either
personally or by registered or certified mail; but if the whereabouts of
such persons is unknown and the same cannot be ascertained by the
inspector in the exercise of reasonably diligence, and the inspector
shall make an affidavit to that effect, then the serving of such
complaint or order upon such persons may be made by publishing the same
once a week for two successive weeks in a newspaper printed and
published in the city. Where service is made by publication, a notice of
the pending proceedings shall be posted in a conspicuous place on the
premises thereby affected.
Sec. 8-31. REMEDIES - APPEAL
- INJUNCTION - EQUITABLE ENFORCEMENT
(A) Appeal -A
Housing Appeals Board is hereby created to which appeals may be taken by
an Owner, or other party in interest, from any decision or order of the
inspector. The Zoning Board of Adjustment of the City of Asheville will
serve as said Housing Appeals Board and will hear and determine such
appeals as authorized by N. C. G. S. 160-187 (a).
1. An appeal from any decision or order of the inspector may be taken
by any person aggrieved thereby or by any officer, board of commission
of the city. Any appeal from the inspector shall be taken within such 10
days from the rendering of the decision or service of the order, and
shall be taken by filing with the inspector 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 inspector shall
forthwith transmit to the board all papers constituting the record upon
which the decision appealed from was made. When an appeal is from a
decision of the inspector |
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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 inspector 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 inspector 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 day's written notice to the
inspector, by the board, or by a court of record upon petition made
pursuant to subsection (B) of this section.
2. The appeals board shall fix a reasonable
time for the hearing of all appeals, shall give due 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 inspector, but the concurring vote of four members
of the board shall be necessary to reverse or modify any decision or
order of the inspector. 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 code, to adapt the application of the code to the necessities of the
case to the end that the spirit of the code 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 fifteen (15) days of the decision of the board, but not
otherwise.
(B) Injunction - Any person
aggrieved by an Order issued by the inspector or a decision rendered by
the board may petition the Superior Court for an injunction restraining
the inspector from carrying out the Order or decision and the court may,
upon such petition, issue a temporary injunction restraining the
inspector pending a final disposition of the cause; provided, however,
that such petition shall be filed within thirty (30) days after issuance
of the Order or rendering of the decision. Hearings shall be had by the
court on any such petition within twenty (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; provided, however, that it shall
not be necessary to file bond in any amount before obtaining a temporary
injunction under this subsection.
(C) Equitable Enforcement - In case any dwelling is erected,
constructed, altered, repaired, converted, maintained, or used in
violation of Article 15, Chapter 160 of the General Statutes of North
Carolina or of any ordinance, this code, or any code adopted under
authority of said article or any valid order or decision of the |
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inspector or
board made pursuant to any ordinance or code adopted under
authority of said article, the inspector or board may institute any
appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration or use, to restrain, correct or
abate such 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. Sec. 8-32. FURTHER POWERS.
The inspector shall have such powers as may be necessary, lawful, or
convenient to carry out and effectuate the purpose and provisions of
this chapter, including (without limiting the generality of the
foregoing) the following powers in addition to others herein granted:
a. To investigate and examine dwellings and building conditions in
the city in order to determine which dwellings therein are unfit for
human habitation and which buildings are dangerous, being guided in such
examination of dwellings and buildings by the requirements set forth in
this chapter.
b. To enter upon and within premises, dwellings, and buildings for
the purpose of making examinations and investigations, provided that
such entries shall be lawful and made in such manner as to cause the
least possible inconvenience to the persons in possession.
c. To appoint and fix the duties, as provided in this chapter, of
such officers, agents, and employees as he deems necessary to carry out
the purpose of this chapter.
d. To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Sec. 8-33. NOTICES.
(A) No person, firm, or corporation without written consent of the
building inspector shall remove or permit the removal of any complaint,
notice or order posted in accordance with the provisions of this
chapter. Any person, firm, or corporation violating or failing to comply
with the provisions of this section shall be guilty of misdemeanor, and
upon conviction, shall be subject to and shall pay a penalty of Fifty
($50.00) Dollars for each and every offense.
(B) No person shall damage, mutilate, or remove, nor shall any person
suffer, permit, or cause to be damaged, mutilated, or removed from or in
a dwelling unit any of the facilities referred to in Section S-29
hereof.
(C) It shall be unlawful for the owner of any building upon whom a
notice, complaint, or order has been served to sell, transfer, mortgage,
lease, or otherwise dispose thereof until the provisions of the notice,
complaint, or order have been complied with, or until such owner shall
first furnish to the transferee, lessee, or mortgagee prior to such
transfer, lease, or mortgage a true copy of any notice, complaint, or
order issued by the inspector and at the same time give written notice
to the inspector of the intent to transfer, lease, or mortgage and to
whom the transfer, lease, or mortgage is proposed. A transferee, lessee,
or mortgagee who had received actual or constructive notice of the
existence of a notice, complaint, or order shall be bound by such
notice, complaint, or order as of the date of such transfer, lease, or
mortgage without service of further notice upon him. |
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Sec. 8-24 FAILURE
TO COMPLY WITH ORDERS BUILDINGS DECLARED NUISANCE OCCUPANCY AFTER
ISSUANCE OF ORDER: PENALTY
If any order issued and served in
accordance with this chapter is not complied with within the time
specified therein, the building with respect to which the order has been
issued is hereby declared to be a public nuisance, and it shall be
unlawful for any person that had knowledge of the issuance of the said
order to occupy any portion of said building for any purpose under a
penalty of a fine of Fifty ($50.00) Dollars and/or thirty (30) days
imprisonment. Each day is a separate offense. A placard placed on the
building shall be the same as a written order delivered to owner or
agent.
Sec. 8-35. REDUCTION OF PENALTY.
The judgment for any penalty provided for in this chapter may be
reduced or wholly or partly remitted by the presiding judge as he may
deem just in any case tried before him.
Sec. 8-36. EMERGENCY CASES.
(A) In emergency cases where it reasonably appears there is immediate
danger to the life or safety of any person or to the safety of other
property, unless a dwelling unit unfit for human habitation or a
dangerous building as herein defined is immediately repaired or
demolished, the inspector shall cause the immediate repair or demolition
of the said building and the cost of such repair or demolition shall be recovered and collected as is provided in Section 8-29 (B) hereof.
(B) The employees of the Asheville Fire Department, Asheville Police
Department, and Buncombe County Health Department shall make a report in
writing to the inspector of all buildings or structures which are, may
be, or are suspected of being, unfit for human habitation, or a
dangerous building within the terms of this chapter, such report to be
delivered to the inspector within twenty four (24) hours of the
discovery of such building by such employees of the Asheville Fire
Department, Asheville Police Department, and Buncombe County Health
Department.
Sec. 8-37. INSPECTIONS.
The Chief of Building Inspections shall establish a schedule of
inspections such that would allow him and/or his agents to inspect all
dwelling units within the City within a reasonable period of time. Such
period of time shall be such that the purposes of this code will be
served effectively.
Sec. 8-38. INSPECTION OF VACANT UNITS.
In order to comply with the purposes of this code, the inspector is
hereby directed and authorized to inspect all dwelling units as they
become vacant or at such time as the occupancy of the unit is changed;
and should he find violations, it shall be his duty to proceed as under
the terms of this code provided.
Sec. 8-39. CERTIFICATE OF OCCUPANCY.
(A) That in order to aid the inspector in determining the vacancy of
dwelling units, the Water Department of the City of Asheville and the
Carolina Power |
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| 24 |
and
Light Company of Asheville will make available daily, reports of
requests for meter disconnections, removals, and changes in the meter
registration. That prior to the reconnecting, reinstallation, or meter
registration change, a Certificate of Occupancy must be first issued by
the inspector. (B) That in such cases where the owner is not the
occupant of the dwelling unit but where the water or electrical meter is
registered in the owner's name, the Owner or his agent shall notify the
inspector at such time as the dwelling unit shall become vacant and
secure a Certificate of Occupancy before the dwelling units is
reoccupied.
(C) That in such cases where there are neither water nor light
connections in the dwelling unit, the owner or his agent shall notify
the inspector at such time as the dwelling unit shall become vacant and
secure a Certificate of Occupancy before the dwelling unit is
reoccupied.
Sec. 8-40. CONSTRUCTION - CONFLICTS.
Nothing in this article 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. The
measures and procedures herein provided for do not supersede, and this
article does not repeal any other measures or procedures which are
provided by ordinance or state law for the elimination, repair, or
correction of the conditions referred to in Sections 8-14 and 8-15, but
the measures and procedures herein provided for shall be in addition to
the same and where the provisions of this code are similar with
provisions of other applicable laws, codes, or ordinances, the more
stringent provision shall apply.
Sec. 8-41. INVALIDITY.
That notwithstanding any other evidence of intent, it is hereby
declared to be the controlling intent of the Asheville, North Carolina,
City Council that if any provisions of this code or the application
thereof to any person, firm, or corporation or circumstances is held
invalid, the remainder of this code and the application of such
provisions to persons, firms, or corporations or circumstances other
than those to which it is held invalid, shall not be affected thereby. |
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