§ 10-62. Regulation of boarded up residential structures.

(a)

Purpose and authority.

(1)

It is the purpose of this section to promote the health, safety and welfare of the citizens of the City of Salisbury by establishing reasonable regulations for boarded up residential structures in order to prevent their detrimental effects in the city's neighborhoods.

(2)

The code services division and code enforcement officers of the City of Salisbury shall be responsible for the administration and enforcement of the provisions of this article. The code enforcement officer or designee(s) shall have the following authority:

a.

To inspect the properties;

b.

To obtain administrative search and inspection warrants, if necessary, as provided in G.S. 15-27.2; and

c.

To issue notices of violation and impose civil penalties.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Board up means the boarding up of any means of egress and ingress, including, without limitation, windows and doors, to an abandoned residential structure. The accepted method to board up a property is listed in this section of the Code.

(2)

Code enforcement officer means the person who has been designated, in writing, by the city manager to enforce this section.

(3)

Owner means the holder of title in fee simple.

(4)

Residential structure means any building, structure, manufactured home or mobile home, or part thereof, intended to be used for human habitation and includes any appurtenances therewith.

(c)

Requirements; time limit.

(1)

An owner who registers a boarded up residential structure pursuant to subsection (e) of this section must comply with the guidelines for boarding up residential structures established from time to time by the code services division.

(2)

An owner's registration of a boarded up residential structure shall expire six (6) months from the date of registration with the code services division and may not be renewed.

(3)

Registration may be renewed in six (6) month increments with a limit of two (2) renewals if approved by the code services division manager and will be based on certain conditions. Such conditions shall include the following:

a.

The property owner or agent thereof has signed an "intent to repair" letter as provided by the code services division; or

b.

The property owner or agent thereof is actively working on repairs with visible progress being made as determined by the code services division manager; or

c.

If permits are required for the repairs being performed, they have been obtained by the property owner or agent thereof; or

d.

The structure meets all other minimum housing standards as defined in section 10-78 of this Code and remains unoccupied; or

e.

The property owner has filed a claim with their insurance company due to fire or other type of damage, and the owner can produce documents showing the insurance claim has been filed and is in the process of being evaluated.

(d)

Grace period. Any owner who has boarded up a residential structure prior to the effective date of this section shall comply with the regulations contained herein within ninety (90) days after the effective date of this section. If after ninety (90) days, an owner has failed to register the structure, the owner shall be in violation of this section.

(e)

Registration.

(1)

No owner shall board up a residential structure without registering the structure with the code services division no later than forty-eight (48) hours after boarding it up.

(2)

An application for registration must be made by the owner of the boarded up residential structure on a form prescribed by the code services division, and submitted to the code services division. The completed registration form shall contain at a minimum the following information:

a.

The full true name and mailing address of the owner;

b.

The full true address and tax parcel number of the residential structure to be boarded;

c.

An accurate telephone number at which the owner may be reached;

d.

If the owner is a partnership or corporation, the owner shall designate one (1) of its general partners or officers to act as its agent and provide the present residence and business addresses and telephone numbers for the agent;

e.

The owner's plan for the occupancy, repair or demolition of the residential structure;

f.

The owner's plan for regular maintenance during the period the residential structure is boarded up; and

g.

Such other information as the code services division shall from time to time deem necessary.

(3)

The owner, under this section, shall have a continuing duty to promptly supplement registration information required by this section in the event that said information changes in any way from what is stated on the original registration.

(4)

Registration of a boarded up residential structure does not excuse the owner from compliance with any other applicable ordinance, regulation, or statute, including, without limitation, chapter 10 of the City of Salisbury Code of Ordinances. By accepting an owner's registration, the code services division has not determined that the residential structure being registered is in compliance with any applicable local or state regulation or law.

(f)

Violations.

(1)

It shall be unlawful for the owner of a boarded up residential structure to fail to register such structure with the code services division as required by subsection (e) of this section, except as otherwise provided in this section.

(2)

It shall be unlawful for an owner who has registered a boarded up residential structure to leave the structure boarded up after the expiration of the registration as set forth in subsection (c) of this section.

(3)

It shall be unlawful for an owner to board up a residential structure in a manner that does not comply with the code services division's guidelines as noted in subsection (g) unless the owner has obtained the code services division manager's prior written approval for an alternative method of boarding up a residential structure.

(g)

Guidelines for boarding up a structure. In boarding up a structure, the following guidelines should be used, unless approval is given otherwise by the code services division manager:

(1)

Cut plywood, or approved substitute, to fit over the window and door openings, flush with outside of the molding.

(2)

Place the plywood over the exterior opening and use a minimum 2½[-inch] exterior screw to secure to the frame of the opening. Screws should be placed every twelve (12) inches around the perimeter of the board. If the frame is unable to be used to secure plywood to the opening, the method of using 2 x 4s and carriage bolts may be a substituted process.

(3)

Paint the plywood as specified for each specific opening:

a.

For doors, paint the plywood white.

b.

For windows, paint the plywood black. Then paint a white crosshair in the middle of the plywood to resemble a four-pane window.

(h)

Notice of violation; penalties. Except as otherwise provided in this section, the code enforcement official or designee(s) shall notify the owner of a boarded up residential structure of a violation of any provision of this section and the owner shall have fifteen (15) days from the date of the notice of violation to correct the violation. Any owner who fails to correct the violation within the time specified shall be subject to a civil penalty in the amount of two hundred fifty dollars ($250.00) for the first day of noncompliance and twenty-five dollars ($25.00) for each day thereafter until the owner complies. Once the civil penalty reaches five thousand dollars ($5,000.00), the fines will cease and legal action may be taken. The civil penalty may be recovered in the nature of a debt if the owner does not pay the penalty within thirty (30) days of assessment of the civil penalty. If the property has not met the guidelines in section (g) of this article, the code services division shall also cause the property to meet the guidelines by way of abatement. The cost of such abatement and fees associated with the same shall constitute a lien against the premises.

(i)

Notices. Any notice required or permitted to be given by the code services division under this article to the owner may be given either by personal delivery or by first-class United States Mail, postage prepaid, to the most current address as specified in the registration which has been received by the code services division or to the address listed for the responsible person in the county property tax records if an owner has not registered with the code services division. Notices mailed as above shall be deemed given upon their deposit in the United States Mail and shall be deemed to have been received on the third regular postal delivery day thereafter.

(j)

Appeal and hearing.

(1)

Within the time period stated in the notice of violation, the owner or the occupant of the property where the violation exists may appeal the findings of the code services division to the zoning board of adjustment by giving written notice of appeal to the code services division manager who will forward it to the zoning board of adjustment. Such appeal will stay the abatement by the code services division until a final determination by the zoning board of adjustment. If no appeal is taken, the code services division may proceed to abate the issue.

(2)

If an appeal is taken as provided in this section, the zoning board of adjustment may, after hearing all interested persons and reviewing the findings of the code services division, reverse or affirm the finding that the condition sited is a violation. If the zoning board of adjustment determines that the findings of the code services division are correct and proper, the code services division may proceed with the abatement process unless the property owner obtains a stay from the superior court.

(Ord. No. 2013-08, § 2, 4-2-13)