Resolution to Adopt North Carolina Building Codes
WHEREAS, the Town of Holly Ridge is a duly existing municipal corporation established pursuant to the laws of the
State of North Carolina: and
WHEREAS, Holly Ridge has had an interest in the general health, safety and welfare for the general public in the
Corporate limits and the Exterritorial Jurisdiction limits of the Town in regards to building, electrical, plumbing,
mechanical and fire
NOW, THEREFORE, BE IT RESOLVED, that the Town of Holly Ridge hereby adopts the North Carolina Codes for the
enforcement of; 2006 Administrative, International Building Code (Commercial), Plumbing, Mechanical, Energy, Fire
with Appendix B, C, D, E, F, G, H and Gas; 2005 Electrical; 1999 Accessibility with 2002 and 2004 amendments; 2002
Residential Building Code with 2006 Residential Code in effect July 1st, 2007
BE IT FURTHER RESOLVED, that the Codes be enforced by the Building Inspector and Fire Inspector (Holly Ridge
Volunteer Fire Department) for the Town of Holly Ridge, with approval of the Holly Ridge Town Council.
THEREFORE, BE IT RESOLVED, that any future updates in codes adopted by the state be covered with this
Resolution.
ADOPTED this 11th day of September, 2007
ARTICLE 6-1
BUILDING REGULATIONS ON REPAIR, CLOSING, OR DEMOLITION OF
UNSAFE AND/OR ABANDONED DWELLINGS AND/OR STRUCTURES
BE IT ORDAINED by the Town Council of the Town of Holly Ridge.
Section 1. FINDINGS
It is hereby found that there exists within the Town abandoned structures, habitable, commercial and abandoned
which the Town Council finds to be hazardous to the health, safety and welfare of the residents of the Town due to the
attraction of insects or rodents conditions creating a fire hazard, dangerous conditions creating a threat to children,
frequent use by vagrants as living quarters in the absence of sanitary facilities, and buildings of bad condition of walls,
overloaded floors, defective construction, decay, usage wiring of heating system, inadequate means of ingress and
egress and other unsafe conditions. Therefore, pursuant to the authority granted by N.C.G.S. 160A-426 and 160A-
441 through 450, it is the intent of this ordinance to provide for the repair, closing or demolition of such structures in
accordance with the same provisions and procedures as set fourth by law.
Section 2. DEFINITIONS
The following terms shall have the meanings whenever used or referred to as indicated when used in this
ordinance unless a different meaning clearly appears from the context.
(a) “Town” means Town of Holly Ridge.
(b) “Dwelling” means any building, structure, manufactured home, or mobile home, or apart thereof, used and
occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging
thereto or usually enjoyed therewith, except that it does not include any manufactured home or mobile home, which is
used solely for a seasonal vacation purpose.
(c ) “Governing Body” means the Town Council
(d)”Manufactured home or mobile home” means a structure as defined in N.C.G.S. 143-145(7)
(e) “owner” means the holder of the title in fee simple and every mortgagee of record.
(f) “parties of interest” means all individuals, associations and corporations who have interests of record in a dwelling,
or building and any who are in possession thereof.
(g) “Public Authority” means any housing authority or any officer who is in charge of any department or branch of the
government of the Town, County or state relating to health, fire, building regulations, or other activities concerning
dwellings in the Town.
(h) “Public Officer” means the officer or officers who are authorized by this ordinance adopted hereunder to exercise
the powers prescribed by the ordinance.
(I) “unsafe Building” is any structure whether habitable or used for other purposes, which due to the bad conditions of
walls, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of ingress
and egress and which constitutes a danger to the health and safety of any occupant.
Section 3. DUTIES OF THE BUILDING OFFICER.
The Town Manager is hereby designated as the Town Building Officer to enforce the provisions of this ordinance.
(a) To locate abandoned structures within the Town and determine which structures are in violation of this ordinance;
(b) To take such action pursuant to this ordinance as may be necessary to provide for the repair, closing or demolition
of such structures;
(c ) To keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this ordinance;
and
(d) To perform such other duties as may be prescribed herein or assigned to him/her by the Town Council.
Section 4. POWERS OF THE BUILDING OFFICER
The Building Officer is authorized to exercise such powers as may necessary to carry out the intent and the
provisions of this ordinance, including the following powers in addition to others herein granted:
(a) To investigate the condition of buildings within the Town in order to determine which structures are abandoned
and/or in violation of this ordinance.
(b) To enter upon premises for the purpose of making inspection;
(c ) To administer oaths and affirmations, examine witnesses, and receive evidence; and
(d) To designate such other officers, agents and employees of the Town as he/she deems necessary to carry out the
provision of this ordinance.
Section 5. STANDARDS FOR ENFORCEMENT
(a) Every building or dwelling within the Town shall be deemed in violation of this ordinance whenever such structure
constitutes a hazard to the health, safety or welfare or the Town Citizens as a result of:
1. The attention of insects or rodents;
2. Conditions creating a fire hazard;
3. Dangerous conditions constituting a threat to children;
4. Frequent use vagrants as living quarters in the absence of sanitary facilities; or
5. A hazard to health and safety of occupants because of bad condition of walls, overloaded floors, defective
construction, decay unsafe wiring or heating systems and/or inadequate means of ingress and egress.
(b) In making the preliminary determination of whether or not an abandoned structure is in violation of this ordinance,
the Building Officer may, by way of illustration and not limitation, consider the presence or absence of the following
conditions:
1. Holes or cracks in the structure’s floors, walls, ceiling, or roof which might attract or admit rodents, and insects or
become breeding places for rodents and insects;
2. The collection of garbage or rubbish in or near the structure which might attract rodents and insects, or become
breeding places for rodents and insects;
3. Violations of the State Building Code, the State Electrical Code, the Fire Prevention Code, which constitutes a Fire
hazard in such structure;
4. The collection of garbage, rubbish or combustible material which constitute a fire hazard in such structure;
5. The use of such structure or nearby grounds of facilities by children as a play area;
6. Violations of the State Building Code which might result in danger to children using the structure or nearby ground
or facilities as a play area; and
7. Repeated use of such structure by transients and vagrants, in the absence of sanitary facilities, for living, sleeping,
cooking or eating.
Section 6. PROCEDURE FOR ENFORCEMENT
(a) PRELIMINARY INVESTIGATION; NOTICE; HEARING:
Whenever a petition is filed with the Building Officer by at least five (5) residents of the Town charging that any
structure exists in violation of this ordinance or whenever it appears to the Building Officer, upon inspection, that any
structure exists in violation of this ordinance or whenever it appears to the Building Officer, upon inspection, that any
structure exists in violation hereof, he/she shall, if his/her preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner of the property and parties in interest in such structure a complaint
stating the charges and containing a notice that a hearing will be held before the Building Officer at a place therein
fixed, not less than ten (10) nor more that thirty (30) days after the serving of said complaint. The owner or any party
in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give
testimony at the place and time fixed in the complaint. Notice of such hearing shall also be given to all persons signing
a petition relating to such structure. Any person desiring to do so may attend such hearing and give evidence relevant
to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in
hearings before the Building Officer.
(b) PROCEDURE AFTER HEARING: After such notice and hearing, the Building Officer shall state in writing his/her
determination whether such structure violates this ordinance.
If the Building Officer determines that the structure is in violation he/she shall state in writing his/her findings of fact
to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and
requiring the owner to either repair, alter and improve such structure or else remove or demolish the same within a
specified period of time not to exceed ninety (90) days.
(c ) FAILURE TO COMPLY WITH ORDER:
1. IN PERSON REMEDY. If the owner of any structure shall fail to comply with an order of the Building Officer within the
time specified therein, the Building Officer may submit to the Town Council at its next regular meeting a resolution
directing the Town Attorney to petition the District or Superior Court for an order directing such owner to comply with
the order of the Building Officer, as authorized N.C.G.S. 160A-446 (g).
2. IN REM REMEDY. After failure of an owner of a structure to comply with an order of the Building Officer within the
item specified therein, if injunctive relief has not been sought or has not been granted as provided in the preceding
paragraph 1., the Building Officer shall submit to the Town Council an ordinance ordering the Building Officer to cause
such structure to be removed or demolished, as provided in the original order of the Building Officer, and pending
such removal or demolition, to placard such dwelling as provided by N.C.G.S. 160A-443.
3. EJECTMENT: If any occupant fails to comply with an order to vacate a dwelling, the public officer may file a civil
action in the name of Town to remove such occupant. The action to vacate the dwelling shall be in the nature of
summary ejection and shall be commenced by filing a complaint naming as parties-defendant any person occupying
such dwelling. The clerk of Superior Court shall issue a summons requiring the defendant to appear before a
magistrate at a certain time, date, and place not to exceed 10 days from the issuance of the summons to answer the
complaint. The summons and complaint shall be served as provided in N.C.G.S. 42-29. The summons shall be
returned according to its tenor, and if on its return it appears to have been duly served, and if at the hearing the
public officer produces a certified copy of an ordinance adopted by the governing body authorizing the officer to
proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated
and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same
manner as the judgment for summary ejection entered under N.C.G.S. 42-30. An appeal from any judgment entered
hereunder by the magistrate may be taken as provided in N.C.G.S. 7A-227. An action to remove an occupant of a
dwelling who is a tenant of the owner may not be in the nature of a summary ejection proceeding pursuant to this
paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejection
proceeding that the governing body has ordered the public officer to proceed to exercise his duties to vacate and
close or remove and demolish the dwelling.
(d) PETITION TO SUPERIOR COURT BY OWNER: Any person aggrieved by an order issued by the Building Officer
shall have the right, within thirty (30) days after issuance of the order, to petition the Superior Court for a temporary
injunction restraining the Building Officer from carrying our said order pending a final disposition of the cause, as
provided by N.C.G.S. 160-446(f).
Section 7. METHODS OF SERVICE OF COMPLAINTS AND ORDERS:
Complaints or orders issued by the Building Officer shall be served upon person either personally or by certified mail,
return receipt requested, but if the whereabouts of such persons are unknown and the same cannot be ascertained
by the Building Officer in the exercise of reasonable diligence, the Building Officer shall make an affidavit to that effect,
and the serving of such complaint or order upon such person may be made by publication in a newspaper having
general circulation in the Town and County at least once, no later than the time at which person service is required
under Section 5 of this ordinance. Where service is made by publication, a notice of the pending proceedings shall be
posted in a conspicuous place on the premises affected by the complaint or order.
Section 8. IN REM ACTION BY BUILDING OFFICER; PLACARDING:
After failure of an owner of a structure to comply with an order of the Building Officer issued pursuant to the provisions
of this ordinance, and upon adoption by the Town Council, of an ordinance authorizing and directing him to do so, as
provided by N.C.G.S 160A-443 (5) and section 6 (c ) of this ordinance the Building officer shall proceed to cause such
structure to be removed or demolished, as directed by the ordinance of the Town Council and shall cause to be
posted on the main entrance of such structure a placard prohibiting the use or occupation of the structure. Use or
occupation of a building so posted shall constitute a misdemeanor and punishable pursuant to N.C.G.S. 14-4 as
amended.
Each such ordinance shall be recorded in the office of the Register of Deeds of Onslow County, and shall be
indexed in the name of the property owner in the grantor index, as provided by N.C.G.S. 160A-443(5).
Section 9. COSTS, A LIEN ON PREMISES.
As provided by N.C.G.S. 160A-446(6), the amount of the cost of any removal or demolition caused to be made or
done by the Building Officer pursuant to this ordinance shall be a lien against the real property upon which such cost
was incurred. Such lien shall be filed, have the same priority, and be enforced and the costs collected as provided by
N.C.G.S. 160A-216 et seq.
Section 10. ALTERNATIVE REMEDIES:
Neither this ordinance nor any of its provisions shall be construed to impair or limit in any way the power of the
Town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce
this ordinance by criminal process, and the enforcement of any other ordinances or laws.
Adopted and Ordained this 12th day of February.
Attest :
_____________________ _________________________
Town Clerk Mayor
ARTICLE 6-2
REGULATIONS ON COMMERCIAL AND RESIDENTIAL BUILDINGS
Section 1. POLICY
It is the policy of the Town Council of the Town of Holly Ridge that parties developing new residential or
commercial areas within the Town of Holly ridge or within its extraterritorial jurisdiction shall have and bear the
responsibility of providing adequate facilities to protect such developments from fire.
Section 2. APPLICATION
The provisions of the chapter shall apply to all developments upon which construction beyond the state of land
clearing and grading begins after the date of passage of this amendment.
Section 3. WATER MAIN REQUIREMENTS IN NEW DEVELOPMENTS: CERTIFICATE OF COMPLIANCE.
(a) No zoning certificate may be issued to any person, firm, or corporation, until such person, firm, or corporation has
provided a plot plan or plat which shows clearly the location of water mains, laterals, and fire hydrants to be installed
upon the property and until such plan has been reviewed by the Building Inspector and the Fire Chief of the Town of
Holly Ridge and the Building Inspector has issued a certificate that such plan complies in all respects with the
requirements of this chapter of the code of Ordinances, Town of Holly Ridge. A copy of this certificate shall then be
forwarded to the Fire Chief.
(b) Any builder, developer, person, firm, or corporation who undertakes any development as defined in this
subsection, construction (except land clearing and grading) of which begins after passage of this ordinance shall
incorporate a loop-type water main system and in those locations where at least two different mains are available, the
loop shall be connected to the two largest mains. Water mains shall be at least the diameter of the largest public main
adjacent to or serving the property and, in any event shall be at least the diameter of the public main onto which the
water main(s) serving the development is/are tapped. “Development” is defined for purposes of this subsection as new
construction which involves the construction or placement of any water main which is thereafter attached to a public
main, and which supplies, or is designed or intended to supply water to more than one structure.
(c ) The developer of all residential or commercial developments, construction of which, begins after the effective date
of this ordinance, shall place or cause to be placed at intervals along the water mains supplying such development,
fire hydrants of a type standard, and quality as approved by the Town Council at the time of recording in the office of
the Register of Deeds of Onslow County the subdivision plat or development plant. In areas zoned for business and
industrial uses, fir hydrants shall be at intervals of no more than 300 feet. In residential districts, one hydrant shall be
placed at each intersection with intermediate hydrants between intersections so located, that spacing does not exceed
500 feet. Hydrants shall be located adjacent to roadways suitable for fire apparatus and spaced at least 50 feet from
any building. All hydrants shall be installed in a safe and proper manner and in conformity with the minimum standards
for the trade and as required by the Town of Holly ridge. The above distant requirement is advised by I.F.S.T.A.
(International Fire Service Training Association) manual #205.
(1) The developer shall install or cause to be installed, a cutoff valve for each fire hydrant. In locations where the
water main supplying a hydrant is under a street (where such street is a public or private street) such cutoff valve shall
be located in the street or as near there as reasonably possible. Where such mains do not run under a street as
described herein, the cutoff valve shall be located within a 6 foot radius of the base of the fire hydrant. In addition, the
developer shall install or cause to be installed, a master cutoff valve in each lateral line as near as practicable to the
intersection of each lateral line with the main serving that lateral line. No water supply system as herein described,
may be covered until such time as the Building Inspector has inspected such system and issued a certificate indicating
that such system is in compliance with this ordinance. No Certificate of Occupancy may be issued for any building
within the development until all inspections as required by this chapter have been completed and all Certificates of
Compliance have been issued.
(2) upon completion of any water supply system as described herein, and as soon thereafter as such system is
serviceable, the developer of his duly authorized agent shall notify the Town Clerk of the Town of Holly Ridge who
shall in turn notify the Building Inspector. The Building Inspector for Holly Ridge shall then conduct or oversee a test of
such water system. If the system passes inspection and pressure and volume are consistent as prescribed herein, the
Building inspector shall issue a Certificate of Compliance. No Certificate of Compliance may be issued for any building
within the development until all Certificates of Compliance have been issued. A copy of the Certificate of Compliance
shall be forwarded to the Fire Chief.
Section 4. SPRINKLER SYSTEM REQUIRED IN CERTAIN LARGE BUILDINGS
Any builder, developer, person, firm, or corporation who contracts or erects any commercial building, construction
(except land clearing and grading) of which begins after passage of this ordinance, and which building has any area of
5,000 square feet or more must be either enclosed with fire walls or protect with a pressurized sprinkler system.
(Amended 11/12/91)
For the purpose of this ordinance enclosed with fire walls shall mean that the firewall will be constructed in such a
manner as to divide the building by means of the firewall into sections of less than 5,000 square feet. The firewall will
consist of a masonry material and extent through the ceiling and walls of the building as well as conforming to Chapter
IV, Section 702 of the North Carolina State Building codes. (Amended 11/12/91)
For the purposes of this ordinance a pressurized sprinkler system shall mean a sprinkler system constructed and
installed in conformance with Chapter IX, Section 910 of the North Carolina State Building Codes.
Exits and exit ways shall be required and constructed in accordance with Chapter IX, Section 801 of the North
Carolina State Building codes.
Section 5. SPRINKLER ALARM AND FIRE LAND REQUIREMENTS FOR MOTELS AND CERTAIN OTHERS.
Any builder, developer, person, firm, or corporation operating any motel, factory, preschool, nursery school, day
care center or other commercial child care establishment, which commences operation after passage of this
ordinance, shall install or cause to be installed an audible fire alarm and pressurized sprinkler system, and shall
further provide a fire land access at least 10 feet in width from the nearest public street or road to the structure
housing such motel, factory, preschool, nursery school, day care center or other commercial child care establishment,
provided, however, that the provision of this section shall not apply to any child care facility which is not required by
the State of North Carolina to be licensed.
Section 6. FIRE LANES, HYDRANT ACCESS UPON COMMERCIAL PROPERTY
Any builder, developer, person, firm, or corporation which erects, constructs, or occupies any building for
commercial use shall provide and at all times keep clear and free of obstruction, a fire lane of at least 10 feet in width
from the nearest public highway to such building, and further, such builders, developers, persons, firms, or
corporation shall restrict parking within 30 feet of the fire hydrants by appropriate signs, pavement markings, or other
appropriate notice to operators of motor vehicles.
Section 7. FIRE CHIEF/ APPOINTEE, EX OFFICIO MEMBER OF PLANNING AND ZONING BOARD.
The duly selected Chief of the Fire Department or his duly appointed designee, shall serve as an ex officio,
nonvoting member of the Planning and Zoning Board.
This the 14th day of November, 1989.
ARTICLE 6-3 RESERVED
ARTICLE 6-4
ORDINANCE ESTABLISHING MORATORIUM ON BUILDING AND RELATED
MATTERS
WHEREAS, the Holly Ridge Board of Commissioners has heretofore established on September 11, 1978 an
ordinance creating the Holly Ridge Planning Board;
AND WHEREAS, the Town of Holly Ridge requires adequate and proper planning for the orderly, safe and desired
growth of the Town of Holly Ridge and to that end has requested the preparation of studies, objectives, plans, policies
and proposals for the planning and zoning of the Town of Holly Ridge;
AND WHEREAS, the Planning Board has not yet to date provided these plans and suggested zoning requirements;
AND WHEREAS, the Town of Holly Ridge has recently received approval for the expansion and repair of
wastewater treatment facilities serving the Town;
AND WHEREAS, the Town of Holly Ridge has, and it is expected will be, experiencing growth of population and the
construction of and/or providing within the town limits for residential and/or business purposes new or renovated
structures/facilities;
AND WHEREAS, the Board has heretofore on June 5, 1984 adopted a prohibition against any construction/
renovation of and the providing of any structure for any purpose in the Town of Holly Ridge until a zoning ordinance is
adopted by the Town of Holly Ridge;
AND WHEREFORE, the Board wishes to amplify and clarify its action of May 7, 1984;
THEREFORE, the Town of Holly Ridge does hereby adopt pursuant to the authority granted in North Carolina
General Statues this ordinance to be known as “Ordinance Establishing Moratorium on Building and Related Matters”:
Section 1. The action of the Holly Ridge Board of Commissioners of May 7, 1984 prohibiting any construction/
renovation or the providing of any structure for any purpose within the corporate limits of the Town of Holly Ridge until
a zoning ordinance is adopted by the Town of Holly Ridge is hereby ratified and affirmed in all respects.
Section 2. No building permit shall be issued for, nor shall there be undertaken, within the corporate limits of the
Town of Holly Ridge, the construction of any new structure for dwelling, commercial or industrial use, including but not
limited to general site work, clearing, grading, street construction, framing, roofing, electrical, plumbing, masonry,
sewer or water line work, or any other such work.
Section 3. No trailer, mobile home, camper, or like vehicle or structure, tent, shack garage or barn shall be allowed to
be placed on any property within the corporate limits of the Town of Holly Ridge, including any structure which is
finished or partially finished at a manufacturing unit or plant and transported for quick assembly or which is designed
to be disassembled and relocated. It is specifically the intention and purpose of this paragraph to prohibit the location
of mobile homes, trailers, modular houses, or similar type structures within the corporate limits of the Town of Holly
Ridge.
Section 4. This ordinance shall be effective from the date adopted as set out below and shall continue in force to,
through, and including 11:59 p.m., December 9, 1984 or until such time as amended to shorten the effective dates of
this ordinance.
Section 5. This ordinance shall not apply to any construction for which a permit has already been issued nor to any
project heretofore specifically approved by the Town Board of Holly Ridge nor to any work or construction undertaken
at the direction of the Town of Holly Ridge.
Section 6. Any person, firm or corporation convicted of a violation of this ordinance shall be guilty of a misdemeanor
and shall upon conviction be punished in addition to any other remedy by a fine of not more than fifty dollars ($50.00)
or by imprisonment of not more than fifty dollars ($50.00) or by imprisonment of not more than thirty (30) days, or by
both such fine and imprisonment. Each continuing day of violation shall constitute a separate offense. As an
alternative, or additional penalty, a court may order the removal of any structure placed inside the corporate limits of
the Town of Holly Ridge in violation of this ordinance.
ADOPTED this the 9th day of October, 1984.
Douglas Turner, Mayor
ATTEST:
Brenda Padgett, Assistant Clerk
ARTICLE 6-5
ORDINANCE ESTABLISHING AND CONTINUING MORATORIUM ON
BUILDING AND RELATED MATTERS
WHEREAS, THE Town of Holly Ridge requires adequate and proper planning for the orderly, safe and desired
growth of the Town of Holly Ridge and to that end has requested the preparation of studies, objectives, plans, policies
and proposals for the planning and zoning of the Town of Holly Ridge;
AND WHEREAS, the Planning Board has not yet to date provided theses plans and suggested zoning
requirements;
AND WHEREAS, the Town of Holly Ridge has recently received approval for the expansion and repair of
wastewater treatment facilities serving the Town;
AND WHEREAS, the Town of Holly Ridge has and it is expected will be, experiencing growth of population and the
construction of and/or providing within the Town limits for residential and/or business purposes new or renovated
structure/facilities.
AND WHEREAS, the Board has heretofore adopted a prohibition against any construction/ renovation of and the
providing of any structure for any purpose in the Town of Holly Ridge until a zoning ordinance is adopted by the Town
of Holly Ridge;
AND WHEREAS, the Board wishes to extend that time only as long as is necessary to obtain those plans and
suggested zoning requirements;
THEREFORE, the Town of Holly Ridge does hereby adopt pursuant to the authority granted in the North Carolina
General Statues and under the laws of the State of North Carolina, this ordinance to be known as “Ordinance
Establishing and Continuing Moratorium on Building and Related Matters.”
Section 1. The action of the Holly Ridge Board of Commissioners of May 7, 1984 prohibiting any
construction/renovation or the providing of any structure for any purpose within the corporate limits of the town of Holly
Ridge until a zoning ordinance is adopted by the Town of Holly Ridge is hereby ratified and affirmed in all respects.
Section 2. The action of the Holly Ridge Board of Commissioners of October 9, 1984, prohibiting
construction/renovation or the providing of any structure for any purpose within the corporate limits of the Town of
Holly Ridge until a zoning ordinance is adopted by the Town of Holly Ridge is hereby ratified and affirmed in all
respects.
Section 3. No building permit shall be issued for, nor shall there be undertaken, within the corporate limits of the
Town of Holly Ridge, the construction of any new structure for dwelling, commercial or industrial use, including but not
limited to general site work, clearing, grading, street construction, framing, roofing, electrical, plumbing, masonry,
sewer or water line work, or any other such work.
Section 4. No trailer, mobile home, camper, or like vehicle or structure, tent, shack, garage or barn shall be allowed to
be placed on any property within the corporate limits of the Town of Holly Ridge, including any structure which is
finished or partially finished at a manufacturing unit or plant and transported for quick assembly or which is designed
to be disassembled and relocated. It is specifically the intention and purpose of this paragraph to prohibit the location
of mobile homes, trailers, modular houses, re-locatable houses or similar type structures within the corporate limits of
the Town of Holly Ridge. This provision and other provisions of this ordinance shall not however apply to the re-
locating of any mobile home onto a presently existing and serviced mobile home lot.
Section 5. This ordinance shall be effective from the date adopted as set out below and shall continue in force to,
through, and including 11:59 p.m., March 8, 1985 or until such time as amended to shorten the effective dates or
continue the effective dates of this ordinance.
Section 6. This ordinance shall not apply to any construction for which a permit has already been issued nor to any
project heretofore specifically approved by the Town Board of Holly Ridge nor to any work or construction undertaken
at the direction of the Town of Holly Ridge.
Section 7. Any person, firm, or corporation convicted of a violation of this ordinance shall be guilty of a misdemeanor
and shall upon conviction be punished in addition to any other remedy by a fine of not more than fifty dollars ($50.00)
or by imprisonment of not more than thirty (30) days, or by both such fine and imprisonment. Each continuing day of
violation shall constitute a separate offense. As an alternative, or additional penalty, a court may order the removal of
any structure place inside the corporate limits of the Town of Holly Ridge in violation of this ordinance.
ADOPTED this the 3rd day of December, 1984.
Douglas Turner, Mayor
JoAnn Odum, Clerk
ORDINANCE ESTABLISHING A MORATORIUM ON REZONING WITHIN THE
CITY LIMITS AND THE ETJ AREA FOR A TIME CERTAIN
WHEREAS, the Town of Holly Ridge requires adequate and proper planning and zoning for the orderly, safe and
desired growth of the Town of Holly Ridge and to that end has requested the preparation and revision of the Zoning
ordinance within the City Limits and ETJ area;
WHEREAS, the Planning Board has not completed the revision of the Town Zoning Ordinance;
AND WHEREAS, the Town of Holly Ridge has, and it is expected to be experiencing growth and requests for rezoning
for various purposes;
AND WHEREAS, the Town of Holly Ridge wishes to control the rezoning of property for a time certain until the revision
process has been completed;
THEREFORE, the Town of Holly Ridge does hereby adopt this ordinance to be known as “Ordinance Establishing A
Moratorium on Rezoning of Any Property within the City Limits and ETJ Area for a Time Certain”;
Section 1. No requests for rezoning of property will be considered until the completion of the Zoning Ordinance
Revision process by the Holly Ridge Planning Board.
Section 2. This ordinance shall be effective from the date of adoption as set out below and shall continue in force to,
through, and including 12:00 midnight on November 1, 1997 or until such time as amended to shorten the effective
dates or continue the effective dates of this ordinance.
Section 3. This ordinance shall not apply to property for which a rezoning has already been approved by the Town
Council.
Section 4. A person, firm, or corporation convicted of a violation of this ordinance shall be guilty of a misdemeanor
and shall upon conviction be punished in addition to any other remedy by a fine of not more than ($50.00) fifty dollars
or by imprisonment of not more than (30) thirty days, or by both such fine and imprisonment. Each continuing day of
violation shall constitute a separate offense.
Adopted this 12th day of August. 1997.
MINIMUM HOUSING STANDARDS
ARTICLE A
SECTION 1. Finding Purpose
(a) Pursuant to G.S. 160A-441, it is hereby found and declared that there exists in the Town of Holly Ridge dwellings
which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other
calamities, lack of ventilation, light and sanitary facilities, and due to other conditions rendering such dwellings unsafe
or unsanitary and dangerous and detrimental to the health, safety and morals and otherwise inimical to the welfare of
the Town.
(b) In order to protect the health, safety and welfare of the residents of Holly Ridge as authorized by part 6 of Article
19, Chapter 160 A of the General Statues, it is the purpose of the Article to establish minimum standards of fitness for
the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. 160A-
444.
SECTION 2. Definitions
(a) Basement shall mean a portion of a dwelling located at least fifty percent (50%) underground, having direct access
to light and air from windows located above the level of the adjoining ground.
(b) Cellar shall mean a portion of a building located partly or wholly underground, have inadequate access to light and
air from windows located partly or wholly below the level of the adjoining ground.
(c ) Deteriorated shall mean that a dwelling is unfit for human habitation and can be repaired, altered or improved to
comply with all of the minimum standards established by this article, at a cost not in excess of fifty percent (50%) of its
value, as determined by the findings of the housing inspector.
(d) Dilapidated shall mean that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to
comply with all of the minimum standards established by this article at a cost of fifty percent (50%) of its value, as
determined by findings of the housing inspector.
(e) Dwelling shall mean any building, structure, manufactured, modular or mobile home which is wholly or partly used
or intended to be used for living or sleeping by human occupants; provided that temporary housing, as hereinafter
defined, shall not be regarded as a dwelling.
(f) Dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit
which are used or intended to be used for living, sleeping, cooking and eating.
(g) Egress shall mean exits, exit doors and the way to an exit. This is the means by which a person may leave a
building/dwelling.
(h) Extermination shall mean the control and elimination of insects, rodents or other pests by eliminating their
harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying,
fumigating, trapping or by any other recognized and legal pest elimination methods approved by the housing
inspectors.
(I) Garbage shall mean the animal and vegetable waste resulting from the handling preparation, cooking and
consumption of food.
(j) Habitable Room shall mean a room or enclosed floor space used or intended to be used for living, sleeping,
cooking or eating purposes, excluding bathrooms, water closet compartments, laundries heater rooms, foyers,
communicating corridors, closets and storage spaces.
(k) Held out shall mean not ready to be occupied until a future date for not more than one (1) year.
(l) Infestations shall mean the presence within or around dwelling of any insect, rodent or other pest in such a number
as to constitute a menace to health, safety, or welfare of the occupants or the public.
(m) Inspector shall mean a housing inspector of the Town of Holly Ridge who is certified to do building inspections.
(n) Multiple Dwelling shall mean any building containing more than two (2) dwelling units.
(o) Occupant shall mean any person over one (1) year of age, living, sleeping, cooking or eating in or having actual
possession of a dwelling unit or rooming unit.
(p) Operator shall mean any person who has charge, care, or control of a building or part thereof, in which dwelling
units or rooming units are let.
(q) Owner shall mean any person who alone, jointly or severally with others;
(1) Shall have the title to any dwelling or dwelling unit, with or without accompanying actual possession thereof or;
(2) Shall have charge, care or control of any dwelling unit, as owner or agent or as executor, executrix,
administrator, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the
actual owner shall be bound to comply with the provisions of this article, and rules and regulations adopted
pursuant thereto, to the same extent as if they were the owner.
(r ) Plumbing shall mean and include all of the following supplied facilities and equipment, gas pipes, gas burning
equipment, water pipes, mechanical garbage disposal units (mechanical sink grinder), installed dishwashers, catch
basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
(s) Public Authority shall mean the Holly Ridge Town Council or their designee or any officer who is in charge of any
department or branch of the government of Holly Ridge or in the State of North Carolina relating to health, fire,
building regulations or other activities concerning dwellings.
(t) Rooming Unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used
for living and sleeping, but not for cooking or eating purposes.
(u) Rooming House shall mean any dwelling, or that part of any dwelling, containing one (1) or more rooming units, in
which space is let by the owner or operator to three (3) or more persons who are not husband and wife, son or
daughter, mother or father or sister or brother of the owner or the operator.
(v) Rubbish shall mean combustible and noncombustible waste materials, except garbage and ashes, and the term
shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimming, tin cans,
metals, mineral matter and glass crockery.
(w) Supplies shall mean paid for, furnished or provided by, or under the control of the owner or operator.
(x) Temporary Housing shall mean temporary labor camps and migrant labor housing.
(y) Transportable Housing shall mean a tent, trailer or other structure used for human shelter which is designed to be
a transportable and which is not attached to the ground, to another structure or to any utility systems on the same
premises for more than thirty (30) consecutive days.
(z) Unfit for Human Habitation shall mean that conditions exist in a dwelling which violate or do not comply with one (1)
or more of the minimum standards of fitness or one (1) or more of the requirements established by this article or shall
mean that conditions exist that constitutes life hazards and that do not comply with minimum standards of fitness or the
requirements established by this ordinance.
(aa) Meaning of Certain Words Whenever the words “dwelling, dwelling unit, rooming unit, or premises” are used in
this article, they shall be construed as though they were followed by the words “or any part thereof”
Section 3. Minimum Standards for Fitness for Dwellings and Dwelling Units
Every dwelling and dwelling unit used or intended for human habitation, except transportable and temporary housing
or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human
habitation and all of the requirements of Sections 4 to 8 of this chapter. No owner shall occupy as owner-occupant or
let to another for occupancy or use as a human habitation, any dwelling or dwelling unit, which does not comply with all
of the minimum standards of fitness for human habitation and all of the requirements of Sections 4 to 8.
Section 4. Minimum Standards For Structural Condition
(a) Walls, floors, ceilings and roofs shall not have rotted, deteriorated or damaged supporting members to a point
where the structural integrity would not be reasonably safe for the purpose used.
(b) Foundation, foundation walls, piers or other foundation supports shall not be deteriorated or damaged to a point
where the supporting strength would not be safe for the purpose used.
(c ) Stairs, porches and any appurtenance thereto shall be safe to use and capable of supporting the load that normal
use may cause to be placed thereon.
(d ) Every dwelling unit shall be proved with adequate means of egress as required by the State Residential Building
Code by which the house was constructed.
(e) The roof, flashings, exterior walls, basement walls, floors and all doors and windows exposed to the weather shall
be constructed and maintained so as to be reasonably weatherproof and airtight.
(f) There shall be no chimney or parts thereof which are defective, deteriorated or in danger of falling, or in such
condition or location as to constitute a fire hazard.
(g) There shall be no use of exposed ground as a floor and wood floors shall not be placed directly on the exposed
ground.
Section 5. Minimum Standards For Basic Equipment and Facilities
(a) Plumbing System
(1) Each dwelling unit shall be connected to a potable water supply and to the public sewer system or approved
sewage disposal system.
(2) Each dwelling unit shall contain the following, as required by the State Plumbing Codes to which the house was
constructed: a kitchen sink, lavatory, tub or shower, water closet and adequate supply of both cold and hot water. All
water shall be supplied through an approved pipe distribution system connected to a potable water supply.
(3) All plumbing fixtures shall meet the standards of the State Plumbing Code to which the house was constructed
and shall be maintained in an operable condition.
(4) All required plumbing shall be located within the dwelling unit and be accessible to the occupants of same. The
water closet and tub or shower shall be located in a room or rooms affording privacy to the user.
(b) Heating System
Every dwelling unit shall have facilities for providing heat in accordance with either one (1) or two (2) below:
(1) Central and electrical heating systems. Every dwelling should have facilities provided to heat the dwelling to a
temperature or sixty-eight (68) degrees Fahrenheit three (3) feet above the floor during ordinary winter conditions.
(2) Other heating facilities. Where central or electrical heat is not provided, each dwelling and dwelling unit shall
be provided with sufficient fireplaces, chimneys, flues or gas vents whereby heat appliances may be connected so as
to heat all habitable rooms with a minimum temperature of sixty-eight (68) degrees Fahrenheit measured three (3) feet
above the floor during ordinary winter conditions.
(c ) Electrical System
(1) Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles, connected in
such manner as determined by the National Electric Code. There shall be installed in every bathroom, water closet
room, and laundry room at least one (1) supplied ceiling or wall type electric light fixture.
(2) Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times
when natural daylight is not sufficient.
(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair and safe. All
repairs, replacements and additions shall be installed in accordance with the National Electric Code.
(4) The landlord shall comply with Section 2, NCGS 42-42 (a) and the tenant shall comply with Section 3, NCGS 42-
42 (a) relating to the smoke detector state code.
Section 6. Minimum Standards For Ventilation
(a) General. Except when provided with mechanical ventilation, every habitable room shall have a operable window,
the size of which shall not be less than eight percent (8%) of the floor area of such room. Every room used for
sleeping, cooking, living, etc. shall have a permanent means of providing air circulation or air exchange.
(b) Bathroom and water closet rooms. Every bathroom and water closet compartment shall comply with the light and
ventilation requirements for habitable rooms, except that no window or skylight shall be required in adequately
ventilated bathrooms and water closet rooms equipped with an approved ventilation system.
Section 7. Minimum Standards for Space, Use and Location
(a) Room Sizes. Every dwelling unit shall contain at least the minimum room size in each habitable room as required by
the State Residential Code, Volume VII of the 1996 State Building Code (except mobile homes prior to 1974) as stated
below:
(1) Every dwelling unit shall contain at least one hundred fifty (150) square feet of habitable floor area. Other
habitable rooms shall have an area of no less than seventy (70) square feet.
(2) In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes shall contain at
least seventy (70) square feet of floor area. Every kitchen shall have no less than fifty (50) square feet of floor area.
Habitable room, except kitchens, shall not be less than seven (7) feet in any horizontal dimension.
(b) Ceiling Height. At least one half (½) of the floor area of every habitable room shall have a ceiling height of not less
than seven (7) feet.
(c ) Floor Area. Floor area calculation shall be as required by the State Residential Building Code, Volume VII, and as
stated below. Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area
within the dwelling unit may not count for more than ten percent (10%) of the required habitable floor area. The floor
area of any part of any room where the ceiling height is less than five (5) feet shall not be considered as part of the
floor area computing the total area of the room to determine maximum permissible occupancy.
(d) Dwelling Unit. Every dwelling unit shall contain at least the minimum room size in each habitable room as required
by the State Residential Building Code. Every dwelling unit shall contain at least one hundred fifty (150) square feet of
habitable floor area for the first occupant, at least one hundred (100) square feet of additional habitable floor area for
the first occupant, at least one hundred (100) square feet of additional habitable area for each of the next three (3)
occupants, and at least seventy five (75) square feet of additional habitable floor area for each additional occupant. In
every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall
contain at least fifty (5) square feet of floor area for each occupant twelve (12) years of age and over, and at least
thirty five (35) square feet of floor area for each occupant under twelve (12) years of age.
Section 8. Minimum Standards for control of Insects, Rodents and Infestations
(a) Screens. In every dwelling unit, for protection against mosquitoes, flies and other insects, every door opening
directly from a dwelling unit to outdoor, space shall have supplied and installed screens and a self-closing device, and
every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall
likewise be supplied with screens installed. If central heating and air conditioning is provided, then no screens are
required.
(b) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination
of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling containing more
than one (1) dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one
infested. Wherever infestation is caused by failure of the owner to maintain a dwelling in a reasonable rodent and
insect proof condition, extermination shall be the responsibility of the owner.
Extermination shall be the responsibility of the owner whenever infestation exists in one of the following circumstances:
(1) Two (2) or more dwelling units used in any dwelling
(2) In the shared or public parts of any dwelling
(3) In the shared or public parts of any dwelling containing two (2) or more dwelling units.
( c) Every dwelling unit shall have a container with a lid in which garbage can be stored on a temporary basis.
Section 9. Responsibilities of Owner or Occupants
(a) Every owner of a dwelling unit and every occupant thereof shall be responsible for maintaining it in a clean and
sanitary condition.
(b) No occupant shall willfully destroy, deface or impair any of the facilities of equipment, or any part of the structure of
a dwelling or dwelling unit, provided, however, the owner is ultimately responsible for the care of facilities, equipment
and structure.
(c ) Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary
manner by placing it in the supplied storage facilities. In addition, the owner shall be responsible for the availability of
rubbish and garbage storage facilities.
(d) Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition
and shall be responsible for the exercise of reasonable care in the proper use and operation of the same.
(e) No occupant shall willfully destroy, deface or impair any of the facilities or equipment or any part of the structure of
a dwelling or dwelling unit.
Section 10. Duties of the Housing Inspector
The housing inspector is hereby designated as the officer to enforce the provisions of this Article and to exercise the
duties and powers herein prescribed.
(a) Upon a documented request as specified in Section 13 below, the housing inspector shall investigate the dwelling
and dwelling conditions in order to determine of the dwelling unit is unfit for human habitation.
(b) To take such action, together with the other appropriate departments and agencies, public and private, as may be
necessary to effect rehabilitation of housing, which is deteriorated.
(c ) To keep a record of the results of inspections made under this article and an inventory of those dwellings that do
not meet the minimum standards of fitness herein prescribed, and
(d) To perform such other duties as may be herein prescribed.
Section 11. Powers of Housing Inspector
The housing inspector is authorized to exercise such power as provided by the North Carolina General Statues.
Section 12. Inspection: Duty of Owners or Occupants
For the purpose of making inspections, the housing inspector is hereby authorized to enter, examine and survey at all
reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling,
dwelling unit, or rooming unit or the person in charge thereof, shall give the inspector free access to such dwelling.
dwelling unit, or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination
and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee,
access to any part of such dwelling or dwelling unit and its premises at all reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance with the provisions of this Article or with any lawful
order issued pursuant to the provisions of this Article. If the tenant refuses the inspector admittance, then the
inspector must obtain an administrative inspection warrant.
Section 13. Procedure for Enforcement
(a) Preliminary Investigation; Notice Hearing. Whenever a documented request is filed with the housing inspector, by a
public authority or at least five (5) residents of the Town of Holly Ridge charging that any dwelling or dwelling unit is
unfit for human habitation, or whenever it appears to the housing inspector, upon inspection, that any dwelling or
dwelling unit is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner a complaint stating the charges and containing a notice that a hearing
will be held before the housing inspector at a place therein fixed, not less than ten (10) nor more than thirty (30) days
after the serving of the complaint. The owner shall have the right to file an answer to the complaint and appear in
person or otherwise, and give testimony at the place and time fixed in the complaint.
(b) Notice of Such Hearing shall also be given to the party or parties initiating the complaint relating to such dwelling.
Any person to do so may attend such hearing and be given evidence relevant to the matter being heard. The rules of
evidence prevailing in courts of law or equity shall not be controlling in hearings before the housing inspector.
(c ) Procedures after Hearing. After such notice and hearing, the housing inspector shall state in writing his
determination whether such dwelling unit is unfit for human habitation, and if so. Whether it is deteriorated or
dilapidated.
(1) If the inspector determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his findings
of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order
directing and requiring the owner to repair, alter and improve such dwelling or dwelling unit to comply within the
minimum standards of fitness established by this Article within a specified period of time not to exceed ninety (90)
days. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such
repairs or alterations and improvements have been made.
(2) If the inspector determines that the dwelling is dilapidated, he shall state in writing his findings of fact to support
such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring
the owner to repair or vacate and remove and demolish the same within a specified period of time not to exceed ninety
(90) days.
(d) Failure to Comply With Order
(1) In person Remedy. If the owner of any deteriorated dwelling unit shall fail to comply with an order of the
housing inspector to repair, alter or improve the same within the time specified therein, or if the owner of a dilapidated
dwelling unit shall fail to comply with an order of the housing inspector to vacate and close and remove and demolish
the same within the time specified therein, the housing inspector shall submit to the Holly Ridge Town Council at its
next regular meeting a resolution which directs the Town Attorney to petition the Superior Court for an order directing
such owner to comply with the order of the housing inspector as authorized by GS 160A-446(g).
(2) In Rem Remedy. After failure of an owner of a deteriorated dwelling or dwelling unit or a dilapidated dwelling or
dwelling unit to comply with an order of the housing inspector within the time specified therein, if injunctive relief has
not been sought or has not been granted as provided in the preceding paragraph one (1), the housing inspector shall
submit to the Holly Ridge Town Council an ordinance ordering the housing inspector to cause such dwelling or
dwelling unit to be repaired, altered, improved, vacated, closed, removed, or demolished, as provided in the original
order of the housing inspector and, pending removal or demolition, to place a placard on such dwelling provided by
GS 160A-443 and Section 15 of this Ordinance.
(e) Appeals From Order of Housing Inspector. An appeal from any decision or order of the housing inspector may be
taken by any person aggrieved thereby. Any appeal from the housing inspector shall be taken within ten (10) days
from the rendering of the decision or service of the order and shall be taken by filing with the housing inspector and
with the Holly Ridge Town Council a notice of appeal, which shall specify the grounds upon which the appeal is based.
Upon the filing of any notice of appeal, the housing inspector shall forthwith transmit to the Town Council all the
papers constituting the record upon which the decision appealed from was made. When appeal is from a decision of
the housing inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force
until modified or reversed. When any appeal is from a decision for the housing inspector requiring the person
aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Town
Council, unless then housing inspector certifies to the Town Council, after the notice of appeal is filed with him, that by
reason of the facts stated in the certificate (copy of which shall be furnished by the applicant), a suspension of his
requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended
except by a restraining order, which may be granted for due cause shown upon not less than one (1) day’s written
notice to the housing inspector, by the Town Council, or by a court record upon petition made pursuant to GS 160A-
446(1) and subsection (e) of this section.
(1) The Town Council shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the
parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or
attorney. The Town Council may reverse or affirm wholly or partly, or may modify the decision and may make such
decision and order, as in its opinion, ought to be made in the matter, and to that end it shall have all the powers of the
housing inspector, but the concurring vote of four (4) members of the Town Council shall be necessary to reverse or
modify any decision or order of the housing inspector. The Town Council shall have power also in passing upon
appeals, or in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the
strict letter or ordinance, to adapt the application of the ordinance to the necessities of the case, to the end that the
spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
(2) Every decision of the Town Council shall be subjected to review by proceedings in the nature of certiorari
instituted within fifteen (15) days of the decision of the Town Council, but not otherwise.
(f) Petition to Superior Court by Owner. Any person aggrieved by an order issued by the housing inspector or a
decision rendered by the Town Council shall have the right, within thirty (30) days after issuance of the order or
rendering of the decision, to petition the Superior Court for a temporary injunction, restraining the housing inspector
pending a final disposition of the case, as provided by GS 160A-446(1).
Section 14. Methods of Service of Complaints and Orders
Complaints or orders issued by the housing inspector shall be served upon persons either personally or by registered
or certified mail, but if the whereabouts of such person are unknown and the same cannot be ascertained by the
housing inspector in the exercise of reasonable diligence, the housing inspector shall make an affidavit to that effect,
and the serving of such person may be made by publishing the same once each week, for two (2) successive weeks in
a newspaper circulating in the Town. Where service is made by publication, a notice of the pending proceedings shall
be posted in a conspicuous place on the premises affected by the complaint or order.
Section 15. In Rem Action by Inspector Placarding
(a) After failure of an owner of a dwelling or dwelling unit to comply with an order of the housing inspector issued
pursuant to the provision of this Article, and upon adoption by the governing body of an Ordinance authorizing and
directing him to do so, as provided by GS 160A-443(5) and Section 13 (d)(2) of this Ordinance, the housing inspector
shall proceed to cause such dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum
standards of fitness established by this Article or to be vacated and closed and removed or demolished, as directed
by the Ordinance of the Town of Holly Ridge Town Council, and shall cause to be posted on the main entrance of
such dwelling or dwelling unit a placard with the following words “ This building is unfit for human habitation; the use or
occupation of this building for human habitation is prohibited and unlawful.” Occupation of a building so posted shall
constitute a misdemeanor.
(b) Each such ordinance shall be recorded in the office of the Onslow County Resister of Deeds in the county wherein
the property is located, and shall be indexed in the name of the property owner in the grantor index as provided by GS
160A-443(5).
Section 16. Costs, A Lien on Premises
As provided by GS 160A-443(6), the amount of the cost of any repairs, alterations or improvements or vacating and
closing or removal or demolition, caused to be made or done by the housing inspector pursuant to Section 15, shall
be a lien against the real property upon which cost was incurred. Such lien shall be filed, have the same priority and
be enforced and the costs collected as provided in Article 10, Chapter 160A of the General Statues.
Section 17. Alternative Remedies
Neither this Article nor any of its provisions shall be constructed to impair or limit in any way the power of the Town of
Holly Ridge to define and declare nuisances and to cause their abatement by summary action or otherwise, or to
enforce this ordinance by criminal process as authorized in GS 14-4 and Section 20, and the endorsement of any
remedy provided herein shall not prevent the enforcement of any other remedy provided herein or in other
Ordinances or laws.
Section 18. Holly Ridge Housing Board of Appeals
The Holly Ridge Town Council will hear appeals taken from decisions of the housing inspector, as provided by Section
13(e). The Town Council shall have the power to elect its own officers, to fix the times and places of its meeting, to
adopt necessary rules or procedure and to adopt other rules and regulations for the proper discharge of its duties.
The Town Council shall perform the duties prescribed in Section 13(e) and shall keep an accurate record of all its
proceedings.
Section 19. Conflict with Other Provisions
If any provisions, standard or requirement of this Article is found to be in conflict with any provision of any other
Ordinance or Code of the Town of Holly Ridge, the provision which established the higher standard or more stringent
for the promotion and protection of the health and safety of the residents of the Town of Holly Ridge shall prevail.
Section 20. Violations/Penalty
(a) It shall be unlawful, for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve
the same, or to vacate and close and remove or demolish the same, upon order of the inspector duly made and
served as herein provided, within the time specified in each order. Each day that any such failure, neglect or refusal to
comply with such order continues shall constitute a separate and distinct offense.
(b) It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued
pursuant to Section 13 of this Ordinance, to occupy or permit the occupancy of the same after the time prescribed in
such order for its repair, alteration or improvement or its vacation and closing. Each day that such occupancy
continues after such prescribed time shall constitute a separate and distinct offense.
(c ) The violation of any provision of this Ordinance shall constitute a misdemeanor, as provided by GS 14-4.
(d) In addition to the penalty established by subsection (c ) above, and the remedies provided by other provisions of
this Ordinance, this Ordinance may be enforced by an appropriate equitable remedy issued by a court of competent
jurisdiction.
Section 21. Effective Date.
This Ordinance shall become effective and be in full force from and after the 9th day of August, 2005.
Adopted this the 9th day of August, 2005.