LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS. (NEW)

View NCGA Bill Details2015-2016 Session
Senate Bill 326 (Public) Filed Wednesday, March 18, 2015
AN ACT REVISING THE CONDITIONS UNDER WHICH COUNTIES AND CITIES MAY INSPECT BUILDINGS OR STRUCTURES.
Intro. by Gunn, Meredith, Apodaca.

Status: Ch. SL 2016-122 (Senate Action) (Jul 28 2016)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO PROVIDE INCREASED FUNDING TO THE JOB DEVELOPMENT INVESTMENT GRANT PROGRAM.

Bill History:

S 326/S.L. 2016-122

Bill Summaries:

  • Summary date: Aug 2 2016 - More information

    AN ACT REVISING THE CONDITIONS UNDER WHICH COUNTIES AND CITIES MAY INSPECT BUILDINGS OR STRUCTURES. Enacted July 28, 2016. Effective January 1, 2017. 


  • Summary date: Jun 30 2016 - More information

    House amendment makes the following changes to the 2nd edition.

    Deletes the revision to the title to GS 153A-364 to revert to the original title, Periodic inspections for hazardous or unlawful conditions. Makes conforming changes throughout the statute to replace "inspections" and revert to the original language of "periodic inspections."

    Adds provision to authorize the inspection department, upon the determination that a safety hazard exists which poses an immediate threat to the occupant in one of the dwelling units within a multifamily building, to inspect, in the absence of a specific complaint and actual knowledge of an unsafe condition, additional dwelling units in the multifamily building to determine if that same safety hazard exists.

    Makes technical change to proposed subsection (e) to refer to the sheriff's office instead of the sheriff's department.

    Amends proposed subsection (f) to allow the owner of the individual rental unit upon which the county has taken action to appeal the decision to the housing appeals board or the zoning board of adjustment, if operating (previously, if created under GS 160A-446), or the planning board, if created, or if neither is created, the governing board (previously, the county manager or the county manager's designee). Additionally, removes the county manager from the appeal process and determinations.

    Amends the title of GS 160A-424 to Periodic inspections (previously, Inspections) for hazardous and unlawful conditions. Makes conforming changes throughout the statute to replace "inspections" and revert to the original language of "periodic inspections."

    Adds provision to authorize the inspection department, upon the determination that a safety hazard exists in one of the dwelling units within a multifamily building, to inspect, in the absence of a specific complaint and actual knowledge of an unsafe condition, additional dwelling units in the multifamily building to determine if that same safety hazard exists.

    Makes technical change to proposed subsection (e) to refer to the sheriff's office instead of the sheriff's department.

    Amends proposed subsection (f) to allow the owner of the individual rental unit upon which the county has taken action to appeal the decision to the housing appeals board or the zoning board of adjustment, if operating (previously, if created under GS 160A-446), or the planning board, if created, or if neither is created, the governing board (the city manager or the city manager's designee). Additionally, removes the city manager from the appeal process and determinations.

    Changes the effective date of the act to January 1, 2017 (previously, effective when the act becomes law).


  • Summary date: Jun 29 2016 - More information

    House committee substitute makes the following changes to the 1st edition. Deletes the contents of the previous edition and replaces it with the following.

    Changes the long title to AN ACT REVISING THE CONDITIONS UNDER WHICH COUNTIES AND CITIES MAY INSPECT BUILDINGS OR STRUCTURES. Changes the short title.

    Amends GS 153A-364, concerning county inspections of building and structures when there is reasonable cause to believe that unsafe or hazardous conditions exist, providing that "reasonable cause" means that the property (was, landlord or owner) has a history of more than four verified violations (was, more than two) of the housing ordinances or codes within a rolling 12-month period (was, just a 12-month period). Also provides that the inspections department cannot discriminate between owner-occupied or tenant-occupied buildings. Deletes language referring to periodic inspections in lieu of inspections in general. Provides that counties can require inspection as part of a targeted effort to respond to blighted or potentially blighted conditions. Sets limitations on the total aggregate of targeted areas in the county to be no greater than one square mile or 5% of the area within the county, whichever is greater. Sets out other limitations for targeted area designations. Deletes a provision that provided the county cannot discriminate in selecting targeted areas for inspections.

    Adds provisions providing that the county can require only owners or managers of individual rental units having either more than four verified violations in a rolling 12-month period or two or more verified violations in a rolling 30-day period, or if the property is identified as being in the top 10% of properties with crime or disorder problems, to obtain permission before leasing property or register the property. Sets out new provisions establishing when a special fee or tax can be levied on residential rental property. Also prohibits the county from providing that any violation of a rental registration ordinance is a criminal offense, or requiring owners or managers of rental property to submit to an inspection before receiving any utility service provided by the county. Includes language defining verified violation. Deletes GS 153A-364(d) concerning the levy of fees for residential property registration for specified rental units. Enacts new GS 153A-364(e) and (f), providing that if a property is identified as being in the top 10% of properties with crime or disorder problems, then the county must notify the landlord of any crimes, disorders, or other violations that will be counted against the property to allow the landlord an opportunity to correct the problems. Sets out ways the county or sheriff must help landlords in addressing criminal activity. Sets out an appeals process and procedures for action taken by the county against an individual rental unit, providing decisions can be appealed to specified entities if created and functioning, or to the county manager or designee. 

    Amends GS 160A-424, concerning city inspections of building and structures when there is reasonable cause to believe that unsafe or hazardous conditions exist, providing that "reasonable cause" means that the property (was, landlord or owner) has a history of more than four verified violations (was, more than two) of the housing ordinances or codes within a rolling 12-month period (was, just a 12-month period). Also provides that the inspections department cannot discriminate between owner-occupied or tenant-occupied buildings. Deletes language referring to periodic inspections in lieu of inspections in general. Provides that cities can require inspection as part of a targeted effort to respond to blighted or potentially blighted conditions. Sets limitations on the total aggregate of targeted areas in the county to be no greater than one square mile or 5% of the area within the city, whichever is greater. Sets out other limitations for targeted area designations. Deletes a provision that provided the city cannot discriminate in selecting targeted areas for inspections.

    Adds provisions providing that the city can require only owners or managers of individual rental units having either more than four verified violations in a rolling 12-month period or two or more verified violations in a rolling 30-day period, or if the property is identified as being in the top 10% of properties with crime or disorder problems, to obtain permission before leasing property or register the property. Sets out new provisions establishing when a special fee or tax can be levied on residential rental property. Also prohibits the city from providing that any violation of a rental registration ordinance is a criminal offense or requiring owners or managers of rental property to submit to an inspection before receiving any utility service provided by the city. Includes language defining verified violation. Deletes GS 153A-364(d) concerning the levy of fees for residential property registration for specified rental units. Enacts new GS 153A-364(e) and (f), providing that if a property is identified as being in the top 10% of properties with crime or disorder problems, then the city must notify the landlord of any crimes, disorders, or other violations that will be counted against the property to allow the landlord an opportunity to correct the problems. Sets out ways the city or police department must help landlords in addressing criminal activity. Sets out an appeals process and procedures for action taken by the city against an individual rental unit, providing decisions can be appealed to specified entities if created and functioning, or to the city manager or designee.


  • Summary date: Mar 18 2015 - More information

    Amends Section 15.19(a1) of SL 2013-360 to provide that for fiscal biennium 2013-15, the maximum total liability for grants awarded, including amounts transferred to the Utility Account, for the Job Development Investment Grant Program will be $27.5 million (was, $22 million). Makes technical and organizational changes. 


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