Agenda - 05-18-2021; 5-a - Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 18, 2021 Action Agenda Item No. 5-a SUBJECT: Amendment to the Code of Ordinances — Minimum Housing Standards Ordinance DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: Draft Ordinance John Roberts, County Attorney, 245- Resolution 2318 PURPOSE: To amend the Code of Ordinances to bring the Minimum Housing Standards Ordinance (the "Ordinance") into compliance with Chapter 160D of the North Carolina General Statutes. BACKGROUND: In 2019 Chapter 160D of the North Carolina General Statutes was signed into law. In addition to combining the land use laws applicable to cities and counties into a single chapter, 160D modified the law as it relates to minimum housing ordinances. Soon thereafter staff with the Town of Hillsborough indicated an interest in having the Ordinance enforced within Town limits. These two things prompted a review of the Ordinance during which it was discovered to be in need of updating due to the fact it has not been updated since its original adoption in 1984. Some of the more substantive changes to the Ordinance include: • Section 20-32, adds several definitions and removes the requirement that the enforcement officer be a certified code enforcement official due to the fact that this requirement, at least for the last 15 — 20 years, has not been met by the County and enforcement consisted of various staff in the Housing Department. • Section 20-34, adds structural and sanitary maintenance standards; • Section 20-36, adds minimum heating standards; • Section 20-39, adds minimum standards to basements used as living areas; • Section 20-44, clarifies the inspection authority of the public officer; • Section 20-45, clarifies the enforcement authority of public officer to order repair, vacation, and demolition of a property only upon governing board approval, authorizes liens upon property for such costs, and authorizes judicial enforcement action (for demolition and structural conditions the public officer is now required to consult with a County code enforcement official); • Section 20-48, authorizes civil citations and removes the criminal penalty for violations. The Ordinance is currently enforceable within the County's jurisdiction and the amendments will be effective upon adoption. Senior staff with the Town of Hillsborough indicate a desire to adopt the Ordinance for future enforcement within Town limits.