Article I - Administration

48-1. General
  1. Title. These regulations shall be known as the Henderson County Minimum Housing Code, hereinafter referred to as “this Code.”
  2. Purpose. The purpose of this Code is to establish and enforce minimum requirements for the protection of the life, health, welfare, safety, and property of the general public and the owners and occupants of places of human habitation.
  3. Scope. The provisions of this Code shall apply to all existing rental dwellings and constitute minimum requirements and standards for: premises, structures, equipment and facilities for living conditions, safety from fire and other hazards, and for safe and sanitary maintenance. The provisions shall also constitute minimum requirements and standards for the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Demountable units such as manufactured homes shall be subject to the North Carolina Regulations for Manufactured Homes and other applicable provisions of this Code.
  4. Intent. This Code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the North Carolina Building Code.
  5. Severability. If a section, subsection, sentence, clause or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code.
  6. Exemptions. This code shall exempt agricultural workforce housing that is regulated under federal law and seasonal agricultural workforce housing that is not occupied on a year-round basis. The County shall forward any complaints received on agricultural workforce housing to the appropriate federal agency shall investigate any complaints that a seasonal agricultural workforce housing unit is occupied as a permanent, year round residency.
48-2. Applicability
  1. General. The provisions of this Code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 48-1. Where, in a specific case, different sections of this Code specify different requirements, the most restrictive shall govern.
  2. Maintenance. Equipment, systems, devices and safeguards required by this Code or a previous regulation or Code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises.
  3. Application of other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the North Carolina Building Code. Nothing in this Code shall be construed to cancel, modify or set aside any provision of the Henderson County Land Development Code, Nuisance Ordinance, and Solid Waste Ordinance.
  4. Existing remedies. The provisions in this Code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
  5. Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.
  6. Historic buildings. The provisions of this Code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the Code official to be safe and in the public interest of health, safety and welfare.
  7. Referenced Codes and standards. The Codes and standards referenced in this Code shall be those that are listed in Article 8 and considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply.
  8. Requirements not covered by Code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this Code, shall be determined by the Code official responsible for administration and enforcement of the State Building Code.
48-3. Code Enforcement
  1. Liability. Except as may otherwise be provided by statute or local law or Ordinance, no officer, agent, or employee of the county charged with the enforcement of this Ordinance 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 Ordinance 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.
  2. Fees. The fees for activities and services performed by carrying out the responsibilities under this Code shall be as defined by the Henderson County Board of Commissioners.
48-4. Duties and Powers of the Code Official
  1. General. The Code official responsible for enforcement of this Code and/or their designees shall enforce the provisions of this Code.
  2. Interpretation of Code. The Code official shall have authority as necessary in the interest of public health, safety and general welfare, to interpret and implement the provisions of this Code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this Code, the North Carolina Building Code, or of violating accepted engineering methods involving public safety.
  3. Inspections. The Code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
  4. Right of entry. The Code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code official is authorized to pursue recourse as provided by law including an administrative warrant.
  5. Identification. The Code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
  6. Notices and orders. The Code official shall issue all necessary notices or orders to ensure compliance with this Code.
  7. Department records. The Code official shall keep official records of all business and activities of the department specified in the provisions of this Code. Such records shall be maintained in accordance with State regulations regarding the retention of records.
  8.             Coordination of inspections. Whenever in the enforce­ment of this Code or another Code or Ordinance, the responsibil­ity of more than one Code official of the jurisdiction is involved, it shall be the duty of the Code officials involved to coordinate their inspections and administrative orders as fully as practica­ble so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or con­flicting orders.     Whenever a Code official from any agency or de­partment observes an apparent or actual violation of some provision of some law, Ordinance or Code not within the Code official’s   authority to enforce, the Code official shall report the findings to the Code official having jurisdiction.

  9. Referrals.  The Code official may make referrals to community agencies and other available services as appropriate.

48-5. Approval
  1. Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Code official shall have the authority to grant modifications for individual cases, provided the Code official shall first find that special individual reason makes the strict letter of this Code impractical and the modification is in compliance with the intent and purpose of this Code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
  2. Alternative materials, methods and equipment. The provisions of this Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety.
  3. Required testing. Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the Code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
  4. Test methods. Test methods shall be as specified in this Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code official shall be permitted to approve appropriate testing procedures performed by an approved agency.
  5. Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records.
  6. Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
48-6. Violations and Penalties
  1. Unlawful acts. Any person who violates this Code, or who permits a violation to exist on the premises under his/her control, or fails to take action to abate the existence of the violation(s) within a specified time frame, when ordered or notified to do so by the Code official, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.
  2. Notice of violation. The Code official shall serve a notice of violation and/or compliance order in accordance with Section 48-7.
  3. Violation penalties. Violations of this Code shall be prosecuted under Henderson County Code Chapter I, Article II, 1-14 Violations and Penalties. Each day of violation constitutes a separate offense.
  4. Civil Remedies. In the event of a violation or threat of violation of this Ordinance, the Code official, through the County Attorney may take appropriate action to enforce this Ordinance, including application for injunctive relief, action to compel performance, or other appropriate action in court, if necessary, to prevent, restrain, correct, or abate such violations or threatened violations. The Code official, through the County Attorney, enforcing provisions of this Code may seek costs and expenditures, including staff time and attorneys' fees. An action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
  5. Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
48-7. Notices and Orders
  1. Notice to person responsible. Whenever the Code official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 48-7.B. and 48-7.C to the person responsible for the violation as specified in this Code. Notices for condemnation procedures shall also comply with Section 48-8.C.
  2. Public Notification. The Code official shall provide information in writing about the housing violation and potential hazard to the following persons as applicable and appropriate:
    1. Child Protection Division in situations of potential child abuse or endangerment,
    2. Adult Protection Division in situations of potential vulnerable adult abuse or endangerment,
    3. Neighbors in close proximity likely to be affected by the conditions found at the site,
    4. Local Law Enforcement Officer, or
    5. Other state or local authorities that may have public or environmental protection responsibilities.
  3. Form. Such notice prescribed in Section 48-7.A. shall be in accordance with all of the following:
    1. Be in writing.
    2. Include a description of the real estate sufficient for identification.
    3. Include a statement of the violation or violations and why the notice is being issued.
    4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code. Inform the property owner of the right to appeal.
    5. Include a statement of the right to file a lien in accordance with Section 48-6.C.
  4. Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
    1. Delivered personally;
    2. Sent by certified or first-class mail addressed to the last known address; or
    3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
  5. Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 48-6.C.
  6. Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code official and shall furnish to the Code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
  7. Duties of Tenants and Owners. This Code is not intended to interfere with or abolish the duties imposed on tenants and owners of rental property by N.C.G.S. Chapter 42 or with lawful written agreements between property owners and tenants.
48-8. Unsafe Structures and Equipment
  1. General. When a structure or equipment is found by the Code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this Code.
    1. Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
    2. Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator (apartments), moving stairway (apartments), electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
    3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, because the location of the structure constitutes a hazard to the occupants of the structure or to the public or if it appears to the Code official to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, fire or safety hazard, to be a danger to children, or to tend to attract persons intent on criminal activities or other activities which would constitute a public nuisance.
    4. Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Code, or was erected, altered or occupied contrary to law.
  2. Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to attract a public nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
  3. Notice. Whenever the Code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place outside of the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 48-7.C. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 48-7.C
  4. Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
    1. Placard removal. The Code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code official shall be subject to the penalties provided by this Code.
  5. Prohibited occupancy. Any occupied structure condemned and placarded by the Code official shall be vacated as ordered by the Code official. Any person who shall occupy a placarded premise or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premise or operate placarded equipment shall be liable for the penalties provided by this Code.
48-9. Emergency Measures
  1. Imminent danger. When, in the opinion of the Code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential dan- ger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
  2. Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Board of Adjustment, be afforded a hearing as described in this code.
48-10. Demolition
  1. General. The Code official shall order the owner of any premises upon which is located any structure, which in the Code official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than six months, to demolish and remove such structure. The structure shall be deemed irreparable if the cost of repairs exceeds fifty percent of the fair market value of the structure.
  2. Notices and orders. All notices and orders shall comply with Section 48-7.

  3. Failure to comply. If the owner of a premise fails to comply with a demolition order within the time prescribed, the Code official shall cause the structure to be demolished and re­moved, either through an available public agency or by contract or arrangement with private persons, and the cost of such de­molition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. 

  4. Abandonment of Intent to Repair. If the dwelling has been vacated and closed for a period of six months pursuant to an ordinance adopted pursuant to Section 48-7 or after a public officer issues an order o r proceedings have commenced under the substandard housing regulations regarding a dwelling to be repaired or vacated and closed as provided in this section, then the Zoning Board of Adjustment may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, and welfare of the county in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this State, then in such circumstances, the Board of Adjustment may, after the expiration of a six month period, enact an ordinance and serve such ordinance to the owner setting forth the following: if its determined that the repair of the dwelling to render it fit for human habitation can be made at a cost no exceeding fifty percent (50%) of the then current value of the dwelling, the ordinance shall require that the owner either repair of demolish and remove the dwelling within 90 days, or if it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding fifty percent (50%) of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.

  5. Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
48-11. Means of Appeal
  1. Right of Appeal. Any person directly affected by a decision of the Code official shall have the right to appeal by filing a written request with the Henderson County Board of Adjustment for an administrative hearing within 20 calendar days after the decision, notice or order was served. In the event of an unknown or absent property owner, the appeal must be requested within 20 calendar days of the day of posting of the notice under Section 48-7.
  2. Hearing. If any owner or occupant makes a written request to the Board of Adjustment for hearing, such hearing shall be held in a quasi-judicial procedure before the Board of Adjustment. A 4/5 vote of the Board is required to overturn the decision of a Code official.
  3. Schedule. The hearing shall be held at the next available meeting after the request for a hearing was received.
  4. Notice. The Department shall mail a notice to the appealing party of the time and place of the hearing at least ten calendar days prior to the hearing.
  5. Witnesses and Evidence. All parties shall have full opportunity to respond to and present evidence and witnesses.
  6. Standard of Proof. The appellant shall have the burden of proving its position by clear and convincing evidence.
  7. Rules of Evidence. Hearings shall be informal and the rules of evidence as applied in the courts shall not apply. Irrelevant, immaterial and repetitious evidence shall be excluded.
  8. Record of Hearing. The hearing shall be recorded and the minutes of the meeting shall be approved by the Board of Adjustment at their next scheduled meeting.
  9. Notice of Decision. The written decision of the Board of Adjustment shall be issued within 45 calendar days following the hearing. Unless otherwise provided by law, the decision of the Board of Adjustment shall constitute the final decision.
  10. Further Appellate Rights. Any party aggrieved by a final decision is entitled to judicial review of the decision. A petition for a writ of certiorari by the party must be filed with the Court of Appeals not more than 30 calendar days after the party receives the written decision from the Board of Adjustment.
48-12 Through 48-20. (Reserved)