Bill Summary for S 326 (2015-2016)

Summary date: 

Jun 30 2016

Bill Information:

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.

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Bill summary

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).

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