Bill Text: NC H622 | 2017-2018 | Regular Session | Amended
Bill Title: Cities/Periodic Building Inspections
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-17 - Serial Referral To Finance Added [H622 Detail]
Download: North_Carolina-2017-H622-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 622
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Short Title: Cities/Periodic Building Inspections. |
(Public) |
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Sponsors: |
Representative Steinburg. For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Regulatory Reform, if favorable, State and Local Government II |
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April 10, 2017
A BILL TO BE ENTITLED
AN ACT amending the laws related to periodic building inspections to account for differences in housing issues in cities with a population of less than twenty‑five thousand.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A‑412 reads as rewritten:
"§ 160A‑412. Duties and responsibilities.
…
(b) Except as provided in G.S.
160A‑424, G.S. 160A‑424 and G.S. 160A‑424.1,
a city may not adopt a local ordinance or resolution or any other policy
that requires regular, routine inspections of buildings or structures
constructed in compliance with the North Carolina Residential Code for One‑
and Two‑Family Dwellings in addition to the specific inspections required
by the North Carolina Building Code without first obtaining approval from the
North Carolina Building Code Council. The North Carolina Building Code Council
shall review all applications for additional inspections requested by a city
and shall, in a reasonable manner, approve or disapprove the additional
inspections. This subsection does not limit the authority of the city to
require inspections upon unforeseen or unique circumstances that require
immediate action. In performing the specific inspections required by the North
Carolina Building Code, the inspector shall conduct all inspections requested
by the permit holder for each scheduled inspection visit. For each requested
inspection, the inspector shall inform the permit holder of instances in which
the work inspected is incomplete or otherwise fails to meet the requirements of
the North Carolina Residential Code for One‑ and Two‑Family
Dwellings.
…."
SECTION 2. G.S. 160A‑424 reads as rewritten:
"§ 160A‑424. Periodic inspections for hazardous or unlawful conditions.
…
(g) This section applies only to cities with a population of 25,000 or more."
SECTION 3. Article 19 of Chapter 160A of the General Statutes is amended by adding a new section to read as follows:
"§ 160A‑424.1. Periodic inspections for hazardous or unlawful conditions in certain localities.
(a) The inspection department may make periodic inspections, subject to the council's directions, for unsafe, unsanitary, or otherwise hazardous and unlawful conditions in buildings or structures within its territorial jurisdiction. Except as provided in subsection (b) of this section, the inspection department may make periodic inspections only when there is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous or unlawful conditions may exist in a residential building or structure. For purposes of this section, the term "reasonable cause" means any of the following: (i) the landlord or owner has a history of more than two verified violations of the housing ordinances or codes within a 12‑month period, (ii) there has been a complaint that substandard conditions exist within the building or there has been a request that the building be inspected, (iii) the inspection department has actual knowledge of an unsafe condition within the building, or (iv) violations of the local ordinances or codes are visible from the outside of the property. In conducting inspections authorized under this section, the inspection department shall not discriminate between single‑family and multifamily buildings. In exercising this power, members of the department shall have a right to enter on any premises within the jurisdiction of the department at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials. Nothing in this section shall be construed to prohibit periodic inspections in accordance with State fire prevention code or as otherwise required by State law.
(b) A city may require periodic inspections as part of a targeted effort within a geographic area that has been designated by the city council. The municipality shall not discriminate in its selection of areas or housing types to be targeted and shall (i) provide notice to all owners and residents of properties in the affected area about the periodic inspections plan and information regarding a public hearing regarding the plan, (ii) hold a public hearing regarding the plan, and (iii) establish a plan to address the ability of low‑income residential property owners to comply with minimum housing code standards. A residential building or structure that is subject to periodic inspections by the North Carolina Housing Finance Agency (hereinafter "Agency") shall not be subject to periodic inspections under this subsection if the Agency has issued a finding that the building or structure is in compliance with federal standards established by the United States Department of Housing and Urban Development to assess the physical condition of residential property. The owner or manager of a residential building or structure subject to periodic inspections by the Agency shall, within 10 days of receipt, submit to the inspection department a copy of the Compliance Results Letter issued by the Agency showing that the residential building or structure is in compliance with federal housing inspection standards. If the owner or manager fails to submit a copy of the Compliance Results Letter as provided in this subsection, the residential building or structure shall be subject to periodic inspections as provided in this subsection until the Compliance Results Letter is submitted to the inspection department.
(c) In no event may a city do any of the following: (i) adopt or enforce any ordinance that would require any owner or manager of rental property to obtain any permit or permission from the city to lease or rent residential real property, except for those properties that have more than three verified violations in a 12‑month period or upon the property being identified within the top ten percent (10%) of properties with crime or disorder problems as set forth in a local ordinance; (ii) require that an owner or manager of residential rental property enroll or participate in any governmental program as a condition of obtaining a certificate of occupancy; or (iii) except as provided in subsection (d) of this section, levy a special fee or tax on residential rental property that is not also levied against other commercial and residential properties.
(d) A city may levy a fee for residential rental property registration under subsection (c) of this section for those rental units that have been found with more than two verified violations of local ordinances within the previous 12 months or upon the property being identified within the top ten percent (10%) of properties with crime or disorder problems as set forth in a local ordinance. The fee shall be an amount that covers the cost of operating a residential registration program and shall not be used to supplant revenue in other areas. Cities using registration programs that charge registration fees for all residential rental properties as of June 1, 2011, may continue levying a fee on all residential rental properties as follows:
(1) For properties with 20 or more residential rental units, the fee shall be no more than fifty dollars ($50.00) per year.
(2) For properties with fewer than 20 but more than three residential rental units, the fee shall be no more than twenty‑five dollars ($25.00) per year.
(3) For properties with three or fewer residential rental units, the fee shall be no more than fifteen dollars ($15.00) per year.
(e) This section applies only to cities with a population of less than 25,000."
SECTION 4. This act is effective when it becomes law.
