GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                    D

SENATE DRS35219-MH-44  (03/09)

 

 

 

Short Title:        Residential Building Inspections.

(Public)

Sponsors:

Senator Hunt.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT requiring counties and Cities to have reasonable cause before inspecting residential buildings or structures.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 153A-364 reads as rewritten:

"§ 153A-364.  Periodic inspections for hazardous or unlawful conditions.

(a)        The inspection department shall may make periodic inspections, subject to the board of commissioners' directions, for unsafe, unsanitary, or otherwise hazardous and unlawful conditions in buildings or structures within its territorial jurisdiction. In addition, it shall make any necessary inspections when it has reason to believe that such conditions may exist in a particular building. Except as provided in subsection (b) of this section, the inspection department may make periodic inspections of residential buildings or structures only when there is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous or unlawful conditions may exist in the building or structure. For purposes of this section, the term "reasonable cause" means (i) the landlord or owner has a substantial history of noncompliance with the county's ordinances on unsafe buildings or structures; (ii) there has been a report that substandard conditions exist within the building or structure or an occupant has requested that the building or structure be inspected; or (iii) the inspection department has actual knowledge of unsafe conditions within the building or structure that was acquired as a result of routine business activities conducted by the county. In conducting inspections authorized under this section, the inspection department shall not discriminate between single-family and multifamily buildings or structures or between owner-occupied and tenant-occupied buildings or structures. In exercising these powers, each member of the inspection department has a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

(b)        A county may require periodic inspections under subsection (a) of this section as part of a targeted effort to respond to blighted or potentially blighted conditions within a geographic area designated for improvement under a Community Development Block Grant by the board of commissioners, the Division of Community Assistance of the Department of Commerce, or the United States Department of Housing and Urban Development.

(c)        In no event may a county require a special registration of residential rental property or levy a special fee or tax on residential rental property that is not levied against other commercial rental properties."

SECTION 2.  G.S. 160A-424 reads as rewritten:

"§ 160A-424.  Periodic inspections.

The inspection department shall may make periodic inspections, subject to the council's directions, for unsafe, unsanitary, or otherwise hazardous and unlawful conditions in buildings or structures within its territorial jurisdiction. In addition, it shall make inspections when it has reason to believe that such conditions may exist in a particular structure. Except as provided in subsection (b) of this section, the inspection department may make periodic inspections only when there is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous or unlawful conditions may exist in a residential building or structure. For purposes of this section, the term 'reasonable cause' means (i) the landlord or owner has a substantial history of noncompliance with the city's ordinances on unsafe buildings or structures; (ii) there has been a report that substandard conditions exist within the building or structure or an occupant has requested that the building or structure be inspected; or (iii) the inspection department has actual knowledge of unsafe conditions within the building or structure that was acquired as a result of routine business activities conducted by the city. In conducting inspections authorized under this section, the inspection department shall not discriminate between single-family and multifamily buildings or structures or between owner-occupied and tenant-occupied buildings or structures. In exercising this power, members of the department shall have a right right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at all any reasonable hours hour for the purposes of inspection or other enforcement action, upon presentation of proper credentials.action.

(b)        A city may require periodic inspections under subsection (a) of this section as part of a targeted effort to respond to blighted or potentially blighted conditions within a geographic area designated by the city council, the Department of Commerce, Division of Community Assistance, or the United States Department of Housing and Urban Development for improvement under a Community Development Block Grant.

(c)        In no event may a city require a special registration of residential rental property or levy a special fee or tax on residential rental property that is not levied against other commercial rental properties."

SECTION 3.  This act is effective when it becomes law.