Agenda - 09-02-2021; 8-a - Minutes

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3 1 2 4. Proclamations/ Resolutions/ Special Presentations 3 NONE 4 5 5. Public Hearings 6 a. Amendment to the Code of Ordinances — Minimum Housing Standards Ordinance 7 The Board conducted a public hearing on an amendment to the Code of Ordinances to bring the 8 Minimum Housing Standards Ordinance (the "Ordinance") into compliance with Chapter 160D of 9 the North Carolina General Statutes. 10 11 BACKGROUND: 12 In 2019 Chapter 160D of the North Carolina General Statutes was signed into law. In addition 13 to combining the land use laws applicable to cities and counties into a single chapter, 160D 14 modified the law as it relates to minimum housing ordinances. Soon thereafter staff with the 15 Town of Hillsborough indicated an interest in having the Ordinance enforced within Town limits. 16 These two things prompted a review of the Ordinance during which it was discovered to be in 17 need of updating due to the fact it has not been updated since its original adoption in 1984. 18 Some of the more substantive changes to the Ordinance include: 19 20 • Section 20-32, adds several definitions and removes the requirement that the 21 enforcement officer be a certified code enforcement official due to the fact that this 22 requirement, at least for the last 15 —20 years, has not been met by the County and 23 enforcement consisted of various staff in the Housing Department. 24 • Section 20-34, adds structural and sanitary maintenance standards; 25 • Section 20-36, adds minimum heating standards; 26 • Section 20-39, adds minimum standards to basements used as living areas; 27 • Section 20-44, clarifies the inspection authority of the public officer; 28 • Section 20-45, clarifies the enforcement authority of public officer to order repair, 29 vacation, and demolition of a property only upon governing board approval, authorizes 30 liens upon property for such costs, and authorizes judicial enforcement action (for 31 demolition and structural conditions the public officer is now required to consult with a 32 County code enforcement official); 33 Section 20-48, authorizes civil citations and removes the criminal penalty for violations. 34 35 The Ordinance is currently enforceable within the County's jurisdiction and the amendments will 36 be effective upon adoption. Senior staff with the Town of Hillsborough indicate a desire to adopt 37 the Ordinance for future enforcement within Town limits. 38 39 John Roberts said the authority for minimum housing codes is found in the new Chapter 40 160D of the North Carolina General Statutes. He said once 160D was amended, some 41 circumstances arose with the Town of Hillsborough asking the County to enforce its minimum 42 housing code within the Town's jurisdiction. He said, upon review, it was obvious some 43 changes needed to be made. He said the majority of changes come from the statute itself, 44 which allows for additional enforcement authority than in the current code, which has not been 45 amended since it was created in 1984. He said once changes were made, he submitted them 46 to the Planning Department, Housing Department, and Human Rights and Relations 47 Department for comments. He said all of the departments had comments, and the Planning 48 Department questioned why a Certified Code Enforcement Official is listed as the only type of 49 enforcement officer that could be appointed by the Board. He said he did not have an answer to 50 that, as it is not required by state law. He said he spoke to the former Housing director, who