1994-08-18 Work Session
"11II
MtNUTES' OF WORK SESSION, AUGUST ia, 1994 "
CONTROL OF ABANDONED STRUCTURES
PAGE '2-3'2
ASSEMBLY
The New Hanover County Board of Commissioners held a Work
Session on Thursday, August 18, 1994, at 10:30 A.M. in Room 501 of
the New Hanover' County Administration Building, 320 Chestnut
Street, Wilmington, N. C.
Members present were: commissioners Sandra Barone; William A.
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Caster; William E.
Chairman Robert G.
Attorney, Wanda M.
Harrell.
Sisson, Jr.; Vice-Chairman E. L. Mathews;
Greer; County Manager, Allen O'Neal; County
Copley; and Clerk to the Board, Lucie F.
Chairman Greer called the meeting to order and reported the
purpose of the Work Session is to discuss control of abandoned
structures and a Minimum Housing Ordinance.
DISCUSSION OF ABANDONED STRUCTURES AND NUISANCES
Assistant County Manager, Dave Weaver, reported after a
complete review by staff, it is recommended that the control of
abandoned structures become a part of the New Hanover County
Nuisance Ordinance instead'of adopting a separate Abandoned Housing
Ordinance. This approach is being used because the problems
experienced by abandoned structures create the nuisances that
endanger the public health, safety and welfare of our citizens.
Control of abandoned structures would be through the following
modifications to the existing Nuisance Ordinance as underlined
below and through vigorous enforcement of the existing condemnation
powers:
Chapter 11, Nuisances, Article 1:
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section 11-2: Illustrative Enumeration.
(a) The uncontrolled qrowth of plants, or the accumulation of
rubbish, garbage, trash, refuse, junk and other abandoned
materials, metals, lumber or other things, which mav attract
children and pose siqnificant danqers to children or otherwise pose
an unreasonable and siqnificant hazard to persons, whether
attributable to pestilence, fire, or other causes.
(b) Any condition which provides harborage for rats, mice, snakes
or,other vermin.
(c) No change in this section.
(d) The siqnificant pollution of any stream, lake canal
water by sewage, dead animals, industrial wastes
substances.
or body of
or other
(e) The use of an abandoned or unoccupied structure or the nearbv
qround or facilities thereof, bv children as a plav area, or for
anv other use such that the health and safety of children are
siqnificantly threatened or endanqered.
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(f) The
includes,
eatinq.
use of an abandoned structure bY trespassers which use
but is not limited to livinq, sleepinq, cookinq, or
(g) An abandoned or unoccupied structure in a partial state of
completion with no current buildinq permit that is a hazard
.attractinq and siqnificantlY threateninq the health and safety of
jchildren or other persons.
(h) Any danqerous conditions constitutinq an unreasonable and
siqnificant threat to other properties or persons due to hazards
around or within anv abandoned or unoccupied structures, whether
attributable to pestilence. fire or other causes.
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MINUTES OF WORK SESSION, AUGUST,18, 1994
CONTROL OF ABANDONED STRUCTURES
PAGE 233
section 11-4. Notice to Abate.
(a) The desianated enforcement officer in charae of investiaatinq
and correctina a nuisance shall be appointed by the County Manaaer.
section 11-5. Contents of Notice.
(a) An order to abate the nuisance or to request a hearing within
a reasonable time at the discretion of the enforcement officer.
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section 11-7. Abatement by county.
Upon failure of a duly notified person to complY with the
order, the designated enforcement officer shall proceed to abate
such nuisance and shall prepare a statement of costs incurred in
the abatement thereof.
section 11-9. Administrative Hearing.
At any time before the expiration of the period specified in
the notice to abate or specified for payment of the civil citation,
the owner or occupant of the property or, in the instance of a
citation the party cited, may request a hearing before the County
Manager, or the manager's designee, at the manager's election. In
no case shall the hearina officer be the same person as the
desianate enforcement officer........
section 11-10. civil citation.
The County Sheriff's Department, Health
duly designated officer may issue a citation
offender to a civil penalty of two
($200.00)......... .
Director, or other
which subjects the
hundred dollars
Discussion was held on the proposed amendments to the Nuisance
Ordinance. It was concluded that judgement calls will have to be
made by the designated enforcement officer when responding to a
violation of the ordinance.
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Discussion was held on the issuance and expiration of building
permi ts. Chairman Greer expressed concern for allowing a person to
begin construction of a building without ever completing the
structure, and at the same time permitting this individual to board
up windows or mow the lawn with the uncompleted structure remaining
on the site indefinitely. He asked if building permits should
stipulate a date for completion of the structure as designed?
Inspections Director, Sky Conklin, reported State Statutes
require that construction must begin within six months from
issuance of the building permit, or the permit will expire. If
construction has started within the six-month period, the permit
will continue indefinitely as long as the work permitted is not
interrupted for a year. In order to know there is on-going
construction activity, the Inspections Department does review the
record of inspections and if the office has not been contacted for
an inspection once a year, the permit is presumed to be expired.
When permits are issued, persons are informed of the need for them
to keep a log of building activity so that inspections can occur as
needed. Also, an individual can apply for another building permit,
and the County cannot deny the permit if all required conditions
have been met. A lack of construction activity on a project occurs
infrequently; however, there is a mUlti-family housing project on
Racine Drive where a small amount of concrete is poured once a year
in order to maintain the validity of a building permit because this
permit allows for mUlti-family housing on this site.
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Assistant County Manager Weaver reported if a date of
construction was stipulated on the building permit and the
structure was not completed, the County could be responsible for
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MINUTES OF WORK SESSION, AUGUST 18, 1994 ~.
CONTROL OF ABANDONED STRUCTURES
PAGE 234
completing the house. Also, under the proposed ordinance, if
dangerous conditions do exit that present a hazard to other
properties or persons, section 11-2(h) will address this issue with
action by the designated enforcement officer.
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Discussion was held on the language used in the proposed
ordinance. Chairman Greer expressed concern for the wording under
section 11-1(b), which reads as follows: "In any way renders other
persons insecure in life or the use of property..." and requested
an explanation of this definition.
Assistant County Attorney, Kemp Burpeau, explained that this
definition means anything threatening to life or unreasonably
impacting the use of the property. After further discussion, it
was agreed that the wording of this section should be changed to
read as follows: "Siqnificantlv renders other persons insecure in
life.... "
Discussion was held on the regulations governing condemnation
of unsafe buildings as outlined in N.C.G.S. 153-A. Chairman Greer
inquired as to why a County ordinance is needed if the state has a
condemnation procedure?
Assistant County Attorney Burpeau reported the state
condemnation statute addresses only structural concernsj whereas,
the County Nuisance Ordinance addresses the overall aspects of the
property including nuisances such as uncontrolled growth of plants,
or the accumulation of rubbish, garbage, junk, etc., which are not
addressed under the State condemnation statute.
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Director of Inspections, Sky Conklin, reported many people
feel condemnation means the structure will be torn downj however,
condemnation means the structure cannot be occupied until the
structure is made safe.
commissioner Caster commented on the proposed ordinance being
complaint driven and inquired as to whether additional staff will
be needed to enforce the ordinance?
Assistant County Manager Weaver reported a Work Session is
scheduled for October 1, 1994, to discuss a proposed reorganization
of the Inspections Department and Zoning Enforcement. Staff feels
the ordinance will not create an overwhelming workload that will
require additional staff.
DISCUSSION OF MINIMUM HOUSING ORDINANCE
Assistant Planning Director, Patrick Lowe, reported the
purpose of the Minimum Housing Ordinance is to deal with
deterioration of homes, which left unattended will result in
conditions dangerous to the health and safety of the individuals
living in a home. Under N.C.G.S. 160A-441, the State has allowed
counties and cities to deal with these problems.
The advantages of a adopting a Minimum Housing Ordinance are
as follows:
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(1) Improves the housing stock and tax base.
(2) Improves the competi ti veness for receiving housing grants.
(3) Improves the County's effectiveness in administering
grants.
A summary of the housing stock for the unincorporated County
was presented from the 1990 census figures. The total housing
stock was 23,925 with 34 dwellings lacking heat, 82 dwellings
lacking complete plumbing, and 88 dwellings lacking complete
kitchens. The age of the housing stock was 696 homes constructed
.iQ 1939 or earlier and 10,123 homes constructed in 1980 or later.
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MINUTES OF WORK SESSION, AUGUST 18, 1994
CONTROL OF ABANDONED STRUCTURES
PAGE ,2'35
In 1990, 42 houses had been rehabilitated and 6 houses had been
demolished.
Enforcement of the ordinance would be on a complaint basis
only, which would be comprised of tenant complaints; a complaint
received from five or more residents in a general vicinity;
recommendations received from the Department of Social Services,
the Health Department, or some other governmental agency; and an
Inspector's observation while working in the field. The ordinance
would be limited to areas with grant availability or loan
availability in order to avoid displacement of residents.
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The following outline was presented on the city's Minimum
Housing Program proceedings:
-Receive the complaint
-Perform the Initial Inspection
-Research the property
-Send a Courtesy Letter to allow the owner time to respond
-Perform Reinspection
-Provide Official Notice of the requirements
-Hold a Hearing
-Reinspect the property
-Forward a Notice of Condemnation
-Perform demolition of the property if necessary.
commissioner Barone inquired as to the length of time involved
from the receipt of a complaint until a hearing is held, and she,
also, expressed concern for a person who may wish to harass another
person through filing a complaint that will give the County the
right to inspect the property and intrude on the privacy of an
individual's home.
Assistant Planning Director Lowe reported the typical time
frame for the entire process is a minimum of six months with a
maximum of twelve months. The purpose for requiring at least five
property owners in a neighborhood to initiate a complaint is to
ensure that the complaint is a neighborhood problem instead of a
personal grudge.
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County Manager O'Neal inquired as to how the ordinance will
ensure that elderly persons or partially handicapped persons will
not be displaced from their homes because of a lack of income to
make the necessary payments, or they do not want to participate in
the rehabilitation program?
Assistant Planning Director Lowe reported the program will
apply only to areas where low interest loans or grants are
available. This process is used by the City to keep from
displacing individuals.
commissioner Sisson reported the main issue is whether or not
the condition of the dwelling is posing a hazard to the person(s)
living in the dwelling or renting the dwelling. In his opinion,
this is the purpose of a Minimum Housing Ordinance.
Chairman Greer, again, inquired as to why a Minimum Housing
Ordinance is needed and requested an explanation from the County
Manager.
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County Manager O'Neal reported adoption of this ordinance will
allow the County to be more competitive in obtaining community
Development Block Grant (CDBG) funds. The reason the County did
not receive the last CDBG grant award was because the county did
not have a Minimum Housing Ordinance to apply to the target area.
Also, an ordinance would allow the County to better administer the
grant monies.
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MINUTES OF WORK SESSION, AUGUST 18, 1994
CONTROL OF ABANDONED STRUCTURES
PAGE 236
Discussion was held on how people feel about their homes being
rehabilitated. Planning Director Hayes reported many homeowners
are satisfied with any type of improvement. other homeowners are
surprised the government will assist with rehabilitation of their
homes, and others want more funds than are allowed under the grant
program. Overall, most people are satisfied with very few being
dissatisfied. The proposed ordinance will allow the County to
better assist property owners in bringing their homes up to the
standard building code.
Mr. Anthony Gentile,
Commission, commented on
rehabilitated their homes,
increased property tax, and
property tax increase?
a member of the Human Relations
situations where persons have
and then are not able to pay the
asked if there is a way to avoid a
Assistant County Attorney Burpeau reported effective January
1 of each year, the property must be appraised at its real value.
Discussion was held on the County's matching funds for the
grants received. Assistant County Manager Weaver reported all
County funds have been used to expand the sewer system in the
target areas.
A lengthy discussion was held on clarifying where a Minimum
Housing Ordinance would apply. County Manager O'Neal recommended
preparing a resolution that will state the Minimum Housing
Ordinance will apply first to the target areas with approval of
other areas to be considered by the Board of County Commissioners.
In summary, it was generally agreed that staff will prepare
the resolution for consideration at a regular meeting of the Board.
ADJOURNMENT
Chairman Greer adjourned the meeting at 12:20 P.M.
~e peC~YJs,bmitted
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~e F. Harrell
Clerk to the Board
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