1. law, govt and politics

STATE OF NORTH CAROLINA
TOWN OF CANTON
ORDINANCE
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ORDINANCE TO AMEND ______ OF THE TOWN OF CANTON CODE OF
ORDINANCES IN ORDER TO REGULATE BOTH VACANT AND OCCUPIED
COMMERCIAL PROPERTY IN CANTON
WHEREAS, ______ of the Code of Ordinances pertains to the regulation of land use in Canton;
and
WHEREAS, the Canton Mayor and Board of Aldermen have determined that in order to best
address the appearance and maintenance of both vacant and occupied commercial buildings that
are located within the jurisdiction of the town, vacant and occupied property maintenance
standards shall be adopted and enforced; and
WHEREAS, this action is intended to not only address appearance and maintenance concerns
related to the state and/or condition of buildings within the Town of Canton but it also intended
to promote a sense of economic development and increase the viability of our commercial
community.
BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Canton, North
Carolina that ________ of the Code of Ordinances is amended by adding CHAPTER ___:
VACANT AND OCCUPIED PROPERTY MAINTENANCE as follows:
CHAPTER ____: VACANT AND OCCUPIED PROPERTY MAINTENANCE
Section
###.01
###.02
###.03
###.04
###.05
###.06
###.07
###.08
###.09
###.10
###.11
###.12
Intent and Scope
Definitions
Maintenance Requirements
Registration Requirements for Vacant Properties
Security Requirements for Vacant Properties
Boarding-Up Building(s)/Structure(s)
Burned Building(s)/Structure(s)
Inspections
Enforcement; Violations; and Penalties
Appeals
Severability
Preemption
§###.01 Intent and Scope.
It is the purpose and intent of the Canton Town Mayor and Board of Aldermen, through the
adoption of this Chapter, to establish a vacant and occupied commercial property maintenance
standards ordinance as a mechanism to preserve the historic integrity and vitality of Canton’s
Business Districts and to protect the Town’s commercial districts from becoming blighted
through the lack of adequate maintenance to vacant and occupied commercial buildings and in
some cases heighten security of abandoned and vacant properties. Additionally, the Town
desires to deter crime and theft of materials, to minimize loss of property value to vacant
properties and surrounding occupied properties, to reduce the risk of damage from fire, flooding
or other hazards, and to promote the comfort, happiness and emotional stability of area and
community residents and businesses alike. The Town finds that the presence of properties
exhibiting evidence of vacancy and or deterioration pose special risks to the health, safety, and
welfare of the community and therefore require certain regulatory provisions be enacted. The
provisions of this Chapter shall apply to all properties in the ___, ____ and ___ Business
Districts of the Town of Canton. This Chapter is not intended to create a hardship for the
existing property owner of vacant or occupied commercial buildings but instead to aid in Town
efforts to promote the viability and marketability of the community.
§###.02 Definitions.
For the purposes of this Chapter, certain words and phrases used in this Chapter are defined as
follows:
“Boarding-up” means erecting, installing, placing, or maintaining boards over the doors,
windows, or other openings of any commercial building or structure, whether vacant or
occupied, or otherwise securing such opening by means other than the conventional
method used in the original construction and design of the building or structure located
on the Property.
“Business Days” means consecutive business days (Monday-Friday).
“Days” means consecutive calendar days.
“Evidence of Vacancy” means any aesthetic condition that on its own or combined with
other conditions present, would lead a reasonable person to believe that the Property is
vacant. Such conditions include, but are not limited to, overgrown or dead vegetation,
extensively chipped or peeling exterior paint, exterior walls in poor condition, porches
and steps in poor condition, roofs in poor condition, broken windows and other signs of
general disrepair, accumulation of newspapers, circulars, flyers or mail, past due utility
notices or disconnected utilities, accumulation of trash, junk or debris, the absence of
window covering such as curtains, blinds, or shutters, the absence of furnishings or
personal items consistent with commercial habitation, statements by neighbors,
passersby, delivery agents, government employees that the Property is vacant.
“Government Agency” means any public body having authority over the Property and
residents of the Town, including but not limited to the Town of Canton, Haywood
County, Canton Police Department, Canton Fire Department, Canton Code Enforcement,
Haywood County Sheriff’s Office.
“Government Official” means any public official representing a public body which has
authority over the Property and residents of the Town, including but not limited to the
Town Administrators, Town Code Enforcement Officer, Town Police Chief, County
Building Inspector, County Fire Marshall.
“Graffiti” means any inscriptions, words, figures, paintings, or other defacements that
are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or
otherwise affixed to any surface of real property or improvements thereon without prior
authorization of the owner or occupant of the property by means of any aerosol paint
container, broad-tipped marker, brush.
“Historic District” means the state-designated Canton Historic District, as listed in the
National Register of Historic Places and/or defined in the ordinances establishing the
Canton Historic District.
“Local” means located within forty (40) road or driving miles distance of the subject
Property.
“Non-Residential Property” means any real property used or intended to be used for
anything other than residential property as defined herein.
“Out of Area” means located in excess of forty (40) road or driving miles distance away
from the subject Property.
“Owner” means any person, agent, operator, firm or corporation having a legal or
equitable interest in the Property; or recorded in the official records of the State of North
Carolina or Haywood County as holding title to the Property; or otherwise having control
of the property, including the guardian of the estate of any such person, and the executor
or administrator of the estate of such person. Additionally, for the purpose of this
Chapter, any and all trustees in a Deed of Trust shall be considered an Owner.
“Property” means any unimproved or improved real property or portion thereof, situated
in the Town of Canton and includes the buildings or structures located on the Property
regardless of condition.
“Residential Property” means a building, or portion thereof, designed exclusively for
residential occupancy, including single-family and multi-family dwellings, mobile and/or
manufactured homes, boarding and lodging houses, apartment houses, and apartment
hotels of stand-alone hotels.
“Securing” means such measures as may be directed by the Town Code Enforcement
Officer and/or Town Manager or his designee that renders the property inaccessible to
unauthorized persons, including but not limited to the repairing of fences and walls,
chaining or padlocking of gates, the repairing of doors, windows or other openings.
“Town” means the Town of Canton corporate limits and it’s Extra Territorial Jurisdiction
(ETJ).
“Utilities” means water, sewer, telephone, natural and propane gas, and electricity
services.
“Vacant” means a Property that has not been legally occupied for 120 days.
“Occupied” means occupancy by the owner or any business or individual whose
presence therein is with the consent of the owner with utilities furnished to the Property.
This means that a business is currently housed and operating at the subject Property, has
applied for and been issued an official Business License from the Town of Canton.
§###.03 Maintenance Requirements.
Properties subject to this Chapter shall be kept in compliance with the following maintenance
requirements at all times:
(A) Exterior Surface Treatment
The exteriors of a commercial building(s)/structures(s) on the Property; whether vacant
or occupied, shall be painted and maintained in a way that does not exhibit any
Evidence of Vacancy. All exterior surfaces, including but not limited to doors, doors
and window frames, cornices, porches and trim shall be maintained in good repair.
Exterior wood surfaces, other than decay resistant woods, shall be protected from the
elements and decay by painting or other protective covering or treatment. Peeling,
flaking and chipped paint shall be eliminated and surfaces repainted. All siding and
masonry joints shall be maintained, weather resistant and water tight. Instances of
rotting of building(s)/structure(s) located on the Property or portions thereof shall be
corrected in order to eliminate Evidence of Vacancy, again with the exterior painted
and kept in good aesthetic condition. Deteriorating brick and other surface treatments
should be repaired and not allowed to remain.
(B) Exterior Walls
Exterior walls of buildings shall be maintained free from holes, breaks, loose or rotting
materials, and shall be maintained weatherproof and properly surface coated as needed
to prevent deterioration. Proper drainage measures shall be in place so as to not allow
rain water to enter a building/structure.
(C) Foundational Walls
All foundational walls shall be maintained so as to carry the safe design and operating
dead and live loads of the structure and shall be maintained plumb and free from open
cracks and breaks so as not to be detrimental to public safety and welfare. Every
foundation, exterior wall, and other exterior surface shall be maintained in a
workmanlike state of maintenance and repair. Proper drainage measures shall be in
place so as to not allow rain water to enter a building/structure and/or its foundation.
(D) Roofs
Roofs of commercial buildings, whether vacant or occupied, shall be maintained so that
they are structurally sound and in a safe condition and have no defects which might
admit rain or cause dampness in the interior portions of the building. All portions,
additions or sections of a roof including, but not limited to, the fascia, eave, soffit,
sheathing, rafter tail, barge rafter, vent screening, gutter, downspout, roof jack, and
metal flashing, shall be complete with all trim strips, moldings, brackets, braces and
supports attached or fastened in accordance with common building practices or
otherwise specified in the North Carolina Building Code. Gutters must be free of
vegetation and in good repair. Roof drainage shall be adequate to prevent rainwater
from causing dampness or deterioration in the walls or interior portion of the building.
(E) Exterior Stairways, Fire Escapes, Decks, Porches and Balconies
Exterior stairways, fire escapes, decks, porches and balconies, and all appurtenances
attached thereto, of a building shall be maintained so that they are structurally sound, in
good repair, with proper anchorage and capable of supporting the imposed loads.
Decks, porches and balconies located on the Property shall be maintained in a way that
does not provide Evidence of Vacancy.
(F)
Windows
The window(s) of building(s)/structure(s) of the Property shall be intact and operable
and shall be maintained in a way that does not provide Evidence of Vacancy. Windows
of buildings shall be fully supplied and maintained with glass window panes or with a
substitute approved by the Town Code Enforcement Officer and Town Manager. Such
glass or substitute material shall be without open cracks or holes. Screens, if provided,
shall be securely fastened to the window and maintained in good repair. The BoardingUp of windows is NOT an approved substitute material unless provided for within
§###.06 of this Chapter.
(G) Exterior Doors and Frames
Exterior doors of commercial building(s)/structure(s) located on Property, whether
vacant or occupied, shall be maintained so that they fit reasonably well within their
frames so as to substantially prevent rain and wind from entering the building.
(H) Storefronts and Facades
The storefronts and façades of building(s)/structure(s) shall be maintained in a way that
does not provide Evidence of Vacancy.
The interiors, when visible to passerby through storefront windows, shall be maintained
in a way that does not exhibit Evidence of Vacancy. Any storage within the
building(s)/structures(s) shall be concealed by means of storefront and/or window
décor, displays, etc. Spray painting or frosting windows is not any acceptable means by
which an Owner of Property may conceal that which is within.
(I)
Business Identification Signs
All business identification signs located on any commercial Property and attached to a
building(s)/structure(s) shall be maintained so that they are structurally sound, in good
repair, with proper anchorage. NO dilapidated signs or that which is found to be in
disrepair or unsafe shall be allowed to remain on a building(s)/structure(s). New
signage may be placed on a building(s)/structure(s) but must conform to the Sign
Ordinance of the Town of Canton. Within sixty (60) days of a Property becoming
vacant ALL signs, attached or otherwise, shall be removed from the
building(s)/structure(s).
(J)
Yards, Sidewalks and Alleys
The yard(s), sidewalk(s) and alley(s) of the Property shall be maintained in a way that
does not provide Evidence of Vacancy. Premises and exterior property on which a
building is located shall be maintained free from grass, weeds, and/or trash.
Any Property and/or a building(s)/structure(s) located on subject Property, found to be in noncompliance with the above mentioned Maintenance Requirements is to be issued a Notice of
Violation. Such Notice of Violation will detail the identified failure to comply and prescribed
actions/steps necessary to rectify the violation and be in compliance.
§###.04 Registration Requirements for Vacant Properties.
(A) Any vacant commercial property located within the Town’s ___, ____ and ____
districts must be registered by the Owner with the Town, either 1) of the Owner of
Vacant Property’s own accord before receiving a Notice of Registration Requirement,
or 2) within thirty (30) days of receiving a Notice of Registration Requirement from the
Town of Canton. The Registration Fee for a Vacant Commercial Property is $50.00
and shall be renewed annually.
(B) The Town will send a Notification of Registration Requirement to the Owner of Record
of Properties that exhibit Evidence of Vacancy. The Owner shall register Property
within the time period set forth in Section 3(A) of this Chapter unless Owner can
provide clear and convincing evidence to the Town Code Enforcement Officer and
Town Manager, within such time period, that the Property is not vacant.
(C) The Registration shall contain:
1. The name of the Owner (corporation or individual);
2. The direct street/office mailing address of the Owner and P.O. Box (if applicable)
and
3. A direct contact name and phone number.
(D) Any changes in the information in C1-C3 of this Section shall be reported to the Town
within thirty (30) days of such change.
(E) Registration must be renewed annually.
(F)
Vacant properties shall remain subject to the annual registration, maintenance, and
security requirements of this Chapter as long as they remain Vacant.
(G) Once the Property is no long Vacant or is sold, the owner must provide written proof of
occupancy or sale to the Town.
§###.05 Security Requirements for Vacant Properties.
Vacant properties subject to this Chapter shall comply with the following security
requirements.
(A) The Property shall be maintained in a secure manner so as not to be accessible to
unauthorized persons. This includes, without limitation, the closure and locking of
windows, doors (including but not limited to walk-through, sliding, and garage), gates,
pet doors, and any other such opening of such size that it may allow a child to access
the interior of the Property or structure(s).
(B) Broken windows shall be replaced and/or re-glazed; windows at street level shall not be
boarded up.
§###.06 Boarding-Up Structures.
It is the intention of the Town to limit the number of boarded-up windows, doors and other
openings within our commercial/business districts. The boarding-up of structures not only
poses several concerns related to health, safety and wellness but also increases the risk of loss
to vacant properties as a result of damage from fire, flooding or other hazards. That having
been said, the Town and/or its agents may issue a Boarding-Up Permit in certain
circumstances.
(A) Boarding-up Permit
No person, firm, association or corporation shall erect, install, place, or maintain boards
over the doors, windows or other opening of any building or structure or otherwise
secure such opening by a means other than the conventional method used in the original
construction and design of the building or structure without first obtaining a valid
Boarding-Up Permit from the Town of Canton, in accordance with this subsection of
Chapter ____. Any Property with boards existing at the time of the adoption of this
Ordinance will have sixty (60) days from the date of its adoption to submit an
application to the Town of Canton for a permit to continue to board.
(B) Issuance of a Permit
The Town of Canton may issue a Boarding-Up Permit ONLY upon satisfaction of the
following conditions:
1.
Submission of a written application by the Owner of the Property or his/her
authorized representative, including the following information:
a. Name, address and telephone number of the Owner;
b. Name, address and telephone number of any Local Agent of the Owner;
c. Tax parcel identification number of the premises on which the
building/structure is located;
d. Common address of the building; and
e. Other information as may be required by the Town.
2.
Payment of the required fee by the Owner of the Property or his/her authorized
representative.
3.
Submission of a written statement or Maintenance Plan by the Owner of the
Property or his authorized representative specifying:
a. Length of time the Owner expects the boarding-up to continue;
b. Proposed plan to secure or board-up the structure, including a detailed
description regarding the manner and materials; and
c. Detailed description and affirmation that the Property owner intends to replace
boarding with windows containing glass panes or with a substitute material
approved by the Town Code Enforcement Officer and Town Manager. Such
glass or substitute material shall be without open cracks or holes. Screens, if
provided, shall be securely fastened to the window and maintained in good
repair.
4.
The Town may conduct an inspection of the subject Property to ensure that the
building is boarded-up in accordance with the plan approved by the Town Code
Enforcement Officer and Town Manager.
(C) Regulations
A Boarding-Up Permit issued pursuant to this subsection shall authorize the boardingup or other securing of a building or structure for a period, not to exceed ninety (90)
days.
All boarded openings shall be painted with a minimum of two (2) coats of exterior
paint, which is of a color compatible with the exterior color of the building or structure
located on the Property.
Any building or structure which is boarded shall be in compliance with all applicable
codes and ordinances of Haywood County.
Any structure which is boarded up shall be posted with the name, permit information,
and twenty-four hour contact phone number of the Owner or his/her Local agent.
Windows at street level shall NOT be boarded-up unless applicable under (D) of this
Section. Broken windows shall be replaced and/or re-glazed.
(D) Exemptions
No Boarding-Up Permit shall be required to board-up a building for up to thirty (30)
days in the event of a temporary emergency situation, including but not limited to
damage caused by vandalism, theft or weather. In the event an emergency situation
requires a building(s)/structure(s) to be boarded-up for more than thirty (30) days, it is
the responsibility of the Owner of the Property or his/her authorized representative to
inform the Town immediately so that a Boarding-Up Permit may be issued, prescribing
a specific timeframe for expiration.
§###.07 Burned Building(s)/Structure(s).
Whenever any building or structure is partially burned, the Owner or person in control shall,
within thirty (30) days after completion of the scene investigation by the Fire Department,
County Fire Marshall, and/or insurer of the Property, remove from the premises all refuse,
debris, and all charred and partially burned lumber and material.
If such building or structure shall be burned to such an extent that it is rendered incapable of
being repaired, the Owner or person in control shall, within sixty (60) days obtain a
demolition permit through the Town of Canton and/or Haywood County Inspections Office
and remove from the premises ALL the remaining portion of the building or structure.
If the building or structure is to be repaired a Building Permit shall be obtained from the
Haywood County Building Inspection Office and work shall begin within sixty (60) days and
shall be completed within one hundred eighty (180) days from the date a permit is obtained.
§###.08 Inspections.
The Town and/or its agents shall have the authority and the duty to inspect properties subject
to this Chapter for compliance and to issue citations for any violations. The Town shall have
the discretion to determine when and how such inspections are to be made, provided that
their policies are reasonably calculated to ensure that this Chapter is enforced.
§###.09 Enforcement; Violations; and Penalties.
(A) It shall be unlawful for any Owner to be in violation of any of the provisions of this
Chapter.
(B) Any person who violates a provision of this Chapter or fails to comply with any order
made thereunder and from which no appeal has been taken, or who shall fail to comply
with such order as affirmed or modified by appeal within the time fixed herein, shall
severally, for each and every such violation and noncompliance respectively, be issued
a Civil Penalty Citation in the amount of $50.00.
(C) The imposition of one penalty for any violation shall not excuse the violation, or
authorize its continuance.
(D) All such persons shall be required to submit an acceptable Plan of Action to the Town
Code Enforcement Officer and Town Manager within ten (10) business days of receipt
of a Notification of Violation. This Plan of Action must include, but is not limited to, a
description of the work to be done, by whom and a specific schedule. Plans shall be
reviewed by the Town Code Enforcement Officer and Town Manager, and work is to
commence within fifteen (15) days of staff approval. When not otherwise specified,
failure to meet any stated condition within ten (10) days of the agreed upon completion
date shall constitute a separate offense and an additional civil penalty citation in the
amount of $500.00 be issued.
(E) Penalties for failure to comply:
1) Initial Registration. Failure to initially register vacant Property with the Town
within the timeframe required is a violation punishable by the issuance of a civil
penalty citation in the amount of $50.00.
2) Annual Registration. Failure to register annually a vacant Property is a violation
punishable by the issuance of a civil penalty citation in the amount of $50.00.
3) Maintenance and Security Requirements. Failure to meet the maintenance and
security requirements established within this Chapter is a violation punishable by
the issuance of a civil penalty citation in the amount of $50.00.
4) Failure to submit plan. Failure to submit plan of corrective action is a violation
punishable by the issuance of a civil penalty citation in the amount of $50.00.
5) Failure to implement plan. Failure to implement plan within fifteen (15) days of
approval by staff is a violation punishable by the issuance of a civil penalty
citation in the amount of $50.00.
6) Failure to complete plan and requirements. Failure to complete previously agreed
upon action(s) to rectify a Violation and the implementation of a Plan of Action
within the approved time, specified by staff, is a violation punishable by the
issuance of a civil penalty citation in the amount of $500.00.
§###.10 Appeal.
Any person aggrieved by any of the requirements of this Chapter may present an appeal in
writing to the Town of Canton’s Mayor and Board of Aldermen/women.
§###.11 Severability.
Should any provision, section, paragraph, sentence or word of this Chapter be determined or
declared invalid by any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this
Chapter shall remain in full force and effect.
§###.12 Preemption.
Except as specifically preempted by N.C.G.S. §160A-441, et. seq. 160A-439 or Town
Ordinances promulgated pursuant to N.C.G.S. §160A-439, et. seq., this Chapter shall apply to all
Vacant and Occupied Commercial Properties in the ____, _____ and ____ zoning districts within
the Town of Canton and its Extra Territorial Jurisdiction (ETJ).
Effective _________________, 2015.
Adopted this, the ______ day of ______________, Two Thousand and Fifteen.
___________________________________
Michael B. Ray; Mayor
ATTEST
Approved as to Form:
___________________________________
Jason Burrell; Town Clerk
___________________________________
William Morgan; Town Attorney