June 11, 2001 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 594 June 11 , 2001 7 00 pm The Johnston County Board of Commissioners met in regular session on Monday , June 11 , 2001 at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred Smith and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments - No one spoke at this time 1 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - June 1 , 2001 and June 8 , 2001 - In the Smithfield Herald - Certified letters were mailed to adjoining property owners on 05 31 01 and notices posted at the locations on 05 31 2001 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 544 Petition to rezone approximately 2400 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from Agricultural Residential to Mobile Home Park District Owner and Applicant Ashley Joseph Langdon Chairman Langdon asked staff if there has been a request for withdrawal of this case Dave Roesler , Interim Planning Director , stated there has been a verbal request , but nothing in writing Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board agreed to table rezoning Case 544 until staff can contact the applicant to see if he does wish to withdraw the request Case 545 Petition to rezone approximately 45 acres located on Mulberry Road SR 1208 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Larry Parker ; Applicant SBA Properties , Inc , Randy Mundt Mr Roesler indicated the property on the GIS Map and noted it is located off I - 95 near Parkertown Road Surrounding zoning is Agricultural Residential , I - 1 and small community business Larry Parker , owner of the property , asked the Board to approve the rezoning Commissioner Wade M Stewart asked if the applicant has any confirmed clients to use this tower Robert Ekstrand of Raleigh , representative for SBA Properties , Inc stated that Nextel has verbally agreed to locate on the tower , and is expected to make a firm commitment once the property is rezoned He noted a minimum of five customers would be able to locate on the tower Mr Roesler stated the Planning Board recommended approval The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 545 Case 545 Petition to rezone approximately 45 acres located on Mulberry Road SR 1208 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Larry Parker ; Applicant SBA Properties , Inc , Randy Mundt Page595 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning Case 545 for owner , Larry Parker , and applicant , SBA Properties , Inc , Randy Mundt of approximately 45 acres located on Mulberry Road SR 1208 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Opened the Public Hearing On Special Use Permit Request Case 545 Special use permit application for a telecommunications tower on approximately 45 acres located on Mulberry Road SR 1208 in Elevation Township Owner Larry Parker ; Applicant SBA Properties , Inc , Randy Mundt Those wishing to speak on Case 545 were sworn in by the Clerk to the Board Mr Roesler presented the following summary of evidence on Special Use Permit Case # 545 A pre - application hearing was held with the applicant on March 7 , 2001 At that time the applicant was informed of the following If approved , applicant must provide to the Planning Office a Site Plan for their review and approval Applicant must comply with the requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board Applicant will be notified in writing of the Board’s decision If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements Subsequent to the pre - application conference , all required notices were mailed to property owners within 500 feet , the property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On April 17 , 2001 , the Johnston County Planning Board held a public meeting regarding this case and recommended approval of rezoning to Agricultural Residential - Special Use District by unanimous vote subject to the following findings of fact , requirements and special conditions Findings of facts 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines This Special Use Permit would include the following requirements 1 This Special Use Permit Approves Gross Land Area 45 acres Number of buildings 0 Telecommunications Tower Tower Height 250 ft monopole 2 That the communications tower be made accessible for co - location of communications equipment by others 3 That the communications tower be so located so as to provide for a “ fall zone ” that would assure that no structure s on adjacent property be damaged if the tower should collapse or fall 4 That within six 6 months of the abandonment of the tower , or all equipment located on the tower , the tower and all support or accessory ground facilities shall be removed Page596 Commissioner Allen L Mims , Jr noted the Planning Board recommended the tower be a monopole instead of a lattice pole as requested Mr Ekstrand explained the tower needs to be 250 high in order to cover the area , which is not conducive to a monopole structure He requested the Board approve the lattice structure In discussion , it was noted the major reason monopoles are not built over 200 feet is the cost factor The Chairman Recessed the Special Use Permit Hearing Decision On Application for Special Use Permit - Case 545 Case 545 Special use permit application for a telecommunications tower on approximately 45 acres located on Mulberry Road SR 1208 in Elevation Township Owner Larry Parker ; Applicant SBA Properties , Inc , Randy Mundt Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to owner , Larry Parker , and applicant , SBA Properties , Inc , Randy Mundt for a telecommunications tower on approximately 45 acres located on Mulberry Road SR 1208 in Elevation Township based on the following findings of facts and subject to the following special conditions Commissioner Thomas M Moore seconded the motion Findings of facts 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Special Conditions 1 Tower to be a 250 monopole tower 2 Tower be made accessible for co - location of communications equipment by others 3 Tower be so located so as to provide for a “ fall zone ” that would assure that no structure s on adjacent property be damaged if the tower should collapse or fall 4 That within six 6 months of the abandonment of the tower , or all equipment located on the tower , the tower and all support or accessory ground facilities shall be removed Discussion Board members discussed the differences in a monopole tower structure and a lattice structure , and asked questions about other towers in the vicinity Staff produced a large map showing all the towers in the County ; however , they pointed out there is , at present , no way to determine how many companies are located on each tower It was noted the County is having a study done to determine this information In response to comments by the Board , Mr Ekstrand noted the company needs the height , and if the Board approves a monopole , it might not prove workable ; however , he asked the Board to go ahead and make a decision and not postpone this request Vote The motion passed by unanimous vote The Chairman Re - opened the Rezoning Public Hearing Case 546 Petition to rezone approximately 45 acres located on Woods Crossroads Road SR 1005 in Meadow Township from Agricultural Residential to Agricultural Residential - Special Use District Owners George Massengill and Sylvia Massengill ; Applicant SBA Properties , Inc , Randy Mundt Mr Roesler indicated the property on the GIS map and noted it is located near NC 50 and the I - 40 Hwy 96 interchange Surrounding zoning is General Business , Interstate Overlay and Agric Residential Page597 Mr Ekstrand described the property and noted it is well camouflaged from the road by mature woods The request is for a 250 lattice tower that could accommodate six carriers , especially Nextel as it would eliminate a gap in their coverage In response to a question from Commissioner Stewart , he stated that SBA does not have a binding agreement with Nextel at this time George Massengill , property owner , asked the Board to approve the rezoning He stated he would like to see Nextel coverage in the area as it would help him in his farm supply business to be able to talk to his customers while they are in the fields He stated the tower would be approximately 1500 feet from any resident and would be surrounded on three sides by woods Commissioner Fred Smith stated he is familiar with the lack of service in that area and feels this is needed to accommodate travelers along I - 40 Mr Roesler stated the Planning Board recommended denial based on the fact there is another SBA tower in the vicinity that has not yet been built The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 546 Case 546 Petition to rezone approximately 45 acres located on Woods Crossroads Road SR 1005 in Meadow Township from Agricultural Residential to Agricultural Residential - Special Use District Owners George Massengill and Sylvia Massengill ; Applicant SBA Properties , Inc , Randy Mundt Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning Case 546 for owners , George Massengill and Sylvia Massengill and applicant , SBA Properties , Inc , Randy Mundt of approximately 45 acres located on Woods Crossroads Road SR 1005 in Meadow Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Re - opened the Public Hearing on Special Use Permit Request Case 546 Special use permit application for a telecommunications tower on approximately 45 acres located on Woods Crossroads Road SR 1005 in Meadow Township Owners George Massengill and Sylvia Massengill ; Applicant SBA Properties , Inc , Randy Mundt Those wishing to speak on Case 546 were sworn in by the Clerk to the Board Mr Roesler presented the following as evidence on this case A pre - application hearing was held with the applicant on March 8 , 2001 At that time the applicant was informed of the following If approved , applicant must provide to the Planning Office a Site Plan for their review and approval Applicant must comply with the requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board Applicant will be notified in writing of the Board’s decision If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements Subsequent to the pre - application conference , all required notices were mailed to property ownersPagePage pageNumber5598 within 500 feet , the property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On April 17 , 2001 , the Johnston County Planning Board held a public meeting regarding this case and recommended denial by unanimous vote Mr Roesler also provided for the Board’s information some standard findings and conditions that usually apply to cellular tower applications The Chairman Recessed the Public Hearing on Special Use Permit Decision On Application for Special Use Permit - Case 546 Case 546 Special use permit application for a telecommunications tower on approximately 45 acres located on Woods Crossroads Road SR 1005 in Meadow Township Owners George Massengill and Sylvia Massengill ; Applicant SBA Properties , Inc , Randy Mundt Board members discussed the conditions to be placed on the permit if approved Commissioner Fred Smith stated he would like to include the stipulation that the tower can not be constructed unless SBA has a contract with Nextel to locate Following discussion , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit for a telecommunications tower on approximately 45 acres located on Woods Crossroads Road SR 1005 in Meadow Township based on the following findings of facts and subject to the following conditions Commissioner Fred Smith seconded the motion , which carried by unanimous vote Findings of facts 1 The tower would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 The construction would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Special Conditions 1 Tower Height 250 ft Lattice 2 Tower to be made accessible for co - location of communications equipment by others 3 That the communications tower be so located so as to provide for a “ fall zone ” that would assure that no structure s on adjacent property be damaged if the tower should collapse or fall 4 That within six 6 months of the abandonment of the tower , or all equipment located on the tower , the tower and all support or accessory ground facilities shall be removed 5 That construction start within twenty - four 24 months from the date of approval of this special use permit ; and that a Certificate of Occupancy and Compliance be issued within thirty - six 36 months of the approval of the special use permit 6 The cell tower will not be constructed until SBA has a contract with Nextel to locate on tower The Chairman Re - opened the Rezoning Public Hearing Case 548 Petition to rezone approximately 952 acres located on Cleveland Road SR 1010 in Cleveland Township from Planned Unit Development to Office & Institutional Owner and Applicant Linwood J Jones Case 549 Petition to rezone approximately 6370 acres located on South Shiloh Road SR 1526 in Cleveland Township from Planned Unit Development to Agricultural Residential Owner and Applicant Linwood J Jones Mr Roesler stated that Case 548 of 952 acres and Case 549 of 637 acres are adjacent properties with the same owner and applicant He pointed out both properties on the GIS map and noted they are located at the intersection of Hwy 1010 and South Shiloh Road Several subdivisions are located in thePagePage pageNumber6599 area The surrounding zoning is Planned Unit Development , Residential - 10 , Interstate Highway District , Agricultural Residential , Commercial , General Business and Community Business Linwood Jones , 449 Grill Road , Clayton , stated that several months ago he requested these properties , which were originally part of the Lancaster Place Subdivision , be rezoned Planned Unit Development in order to develop them into an 18 - hole golf course community After hiring an expert in golf course design , he found out he did not have sufficient land to carry out his plan He is now requesting they be put back to their previous zoning designation He noted he still plans to renovate the old Lancaster House for offices on the smaller parcel Case 548 Mr Roesler stated the Planning Board recommended approval of both rezoning requests The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 548 Case 548 Petition to rezone approximately 952 acres located on Cleveland Road SR 1010 in Cleveland Township from Planned Unit Development to Office & Institutional Owner and Applicant Linwood J Jones Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning Case 548 for owner and applicant , Linwood J Jones , of approximately 952 acres located on Cleveland Road SR 1010 in Cleveland Township from Planned Unit Development to Office & Institutional Decision on Rezoning Case 549 Case 549 Petition to rezone approximately 6370 acres located on South Shiloh Road SR 1526 in Cleveland Township from Planned Unit Development to Agricultural Residential Owner and Applicant Linwood J Jones Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning Case 549 for owner and applicant , Linwood J Jones of approximately 6370 acres located on South Shiloh Road SR 1526 in Cleveland Township from Planned Unit Development to Agricultural Residential 2 Public Hearing - Proposed Amendment to Article 10 of the Johnston County Development Ordinance - Flood Damage Prevention Advertised The Smithfield Herald June 1 , 2001 The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed amendment to Article 10 of the Development Ordinance concerning Flood Damage Prevention Marty Anderson , Storm Water Administrator , reminded the Board that an original public hearing on amending the Flood Damage Prevention section of the ordinance was held on November 13 , 2000 Three options were presented , and the Board requested staff hold a stakeholders’s meeting in order to get input from interested parties A stakeholders meeting was held on February 22 , 2001 , and the options were discussed Those present were opposed to Options 2 and 3 because they were more restrictive and did not allow construction in the flood plain Based on this response and staff’s inability to find any funds to compensate property owners by acquiring development rights , Mr Anderson recommended the Board adopt Option 1 as presented He noted this revision is needed to allow citizens to get better flood insurance rates Commissioner Cookie Pope noted she has had complaints about the accuracy of the flood insurance map People are having a problem proving there property is not in the flood plain Mr Anderson explained the existing maps came from FEMA and are inaccurate in many cases New , more accurate maps should be available by August 2002 Until such time , the only option for property owners is to obtain a letter of map amendment , which usually requires a survey Discussion ensued about the proposed amendment and related issues concerning flood maps Attorney Mark Payne explained the FEMA maps often do present a problem for developers , and the only option forPagePage pageNumber7600 the County is to provide as much information and help as possible He noted this , however , is not affected by the proposed ordinance If the Board approves Option I , there would be no change in whether a person could or could not build in a flood plain , it would simply require that building elevations be a little higher In discussion , Emergency Management Director , Dewayne West , noted the County’s Flood Prevention Program could have some financial impact in the future as it would hopefully prevent as much flood damage from storms FEMA is considering an increase in the local match from 25 to 50 The State is currently paying the 25 ; however , it is doubtful they would cover any additional cost Following further discussion , Commissioner Wade M Stewart moved the Board postpone any action on the Proposed Amendment to Development Ordinance - Flood Damage Prevention until the next month Commissioner Cookie Pope seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Wade M Stewart , Fred Smith , and W Ray Woodall Nays Allen L Mims , Jr 3 Cellular Towers - Suspension of Applications The Board considered a request from the Planning Board to place a temporary hold on rezoning applications for cellular towers until a study is conducted to evaluate the locations and usage of existing towers in the County Commissioner Fred Smith questioned how long this moratorium would need to be , and suggested it should be as short as possible in order to avoid creating a financial burden on the industry Mr Roesler stated a consultant should be able to provide basic information within 60 days , and then the Board could decide after that if they want to make some policy changes Developer Sonny Johnson , 341 Sonny Road , Clayton , voiced his belief that the number of towers are not affecting the development industry as long as they are low enough so they do not require lights Following further discussion , Commissioner Allen L Mims , Jr , moved the Board place a 60 - day moratorium on rezoning applications for cell towers until the proposed study can provide some basic information on the existing towers in the County Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 4 Zoning Map Amendment Tabled Last Month - McLamb Property Mr Roesler noted that last month the Board tabled a request to change the zoning map on a 267 acre parcel located on the northeast corner at the intersection of Drag Strip Road and NC 242 belonging to Cleveland McLamb from AR to Industrial I to reflect continuous usage from before rezoning This site has been and continues to be used for a propane tank storage and distribution operation Mr McLamb is now requesting the property be designated Industrial 1 , Special Use District , and would like to apply for a special use permit for a Propane Tank Storage and Distribution Center and other miscellaneous storage Following discussion Commissioner Cookie Pope moved the Board authorize a zoning map amendment for Cleveland McLamb on the 267 acre parcel described above to a designation of Industrial 1 , Special Use District , and instructed staff to advertise Mr McLamb’s request for a special use permit to be heard at the July 9 , 2001 Board meeting Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 5 Call For Public Hearing - Proposed Amendments to Development Ordinance Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board scheduled a public hearing for July 9 , 2001 on proposed amendments to the Development Ordinance - Article 5 , Section 1051 Roads , and Article 4 , Section 4 l 3 Minimum Building Setback Requirements , and any related sections of the ordinance 6 Revised Proposed Residential Property Minimum Maintenance Standards Ordinance Mr Roesler presented the revised proposed Residential Property Minimum Maintenance Standards Ordinance for the Board’s consideration As requested by the Board , staff has incorporated wording to exempt existing owner - occupied dwellings He noted that additional wording has been suggested by AnnePagePage pageNumber8601 Eason , HAPP Director , and C P Thompson , Chief Building Inspector , that would allow authorized family members to rehabilitate elderly relatives ’ homes when needed Board members discussed the additional wording , and following some minor changes , Commissioner Fred Smith moved the Board adopt the following Residential Property Minimum Maintenance Standards Ordinance as revised Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote AN ORDINANCE ESTABLISHING PROPERTY MAINTENANCE STANDARDS FOR RESIDENTIAL STRUCTURES Section 1 GENERAL PROVISIONS 11 Findings and Authority Pursuant to G S 153A - 365 , it is hereby declared that there exist in the planning jurisdiction of Johnston County 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 other conditions rendering such dwellings unsafe or unsanitary , dangerous , and detrimental to the health , safety and otherwise inimical to the welfare of the residents of the county 12 Jurisdiction This ordinance shall be effective throughout the County’s planning jurisdiction 13 Purpose In order to protect the health , safety and general welfare of the residents of the county as authorized by Article 18 , Chapter 152A of the General Statutes , it is the purpose of this ordinance to establish minimum standards of habitation and property maintenance 14 Bona Fide Farms Not Affected by this Ordinance Nothing in this ordinance shall be construed to affect bona fide farm structures including permitted migrant labor housing facilities 15 Existing Owner - Occupied Dwellings Any dwelling unit occupied by the owner of the property at the time of the adopted date of this ordinance shall not be subject to these regulations , except elderly or disabled owner - occupants who have been declared mentally incompetent to handle their business affairs or who have voluntarily given a Power of Attorney to someone to represent them in such matters For those dwelling units , the County would only inspect and enforce this ordinance if they were contacted to inspect for the safety and protection of the elderly or disabled owner - occupant or to enable them to receive financial assistance in rehabbing their home NOTE When ownership of a dwelling or property is transferred after the adopted date of this ordinance , that dwelling is then subject to the provisions herein Section 2 DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this ordinance a Basement A portion of a dwelling which is located partly underground , having direct access to light and air from windows or doors located above the level of the adjoining ground b Cellar A portion of a dwelling which is located partly or wholly underground having an inadequate access to light and air from windows or doors located partly or wholly below the level of adjourning ground c Deteriorated When 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 ordinance at a cost not in excess of fifty 50 percent of its tax value d Dilapidated When a dwelling is unfit for human habitation and cannot be repaired , altered or improved to comply with all the minimum standards established by this ordinance except at a cost of fifty 50 percent of its tax value e Dwelling Any building , structure or part thereof which is wholly or partly used or intended to be used for living , sleeping or habitation by human occupants , except those structures legally permitted for temporary or short term use NOTE For the purpose of this ordinance , the definition of dwelling shall include any room or group of rooms located within a structure forming a single habitable unit ; usually referred to as a dwelling unit PagePage pageNumber9602 f Extermination The control and elimination of insects , rodents or other pests by removing or making inaccessible materials that may serve as their food by poisoning , spraying , fumigating or trapping ; or by any other recognized and legal pest elimination methods approved by the inspector g Habitable room A room or enclosed floor space used or intended to be used for living , including , but not limited to cooking , or eating purposes , excluding bathrooms , water closet compartments , laundries , heater rooms , foyers , or communicating corridors , closets or storage spaces h Infestation The presence within or around a dwelling of any insects , rodents or other pests in such a manner as to constitute a menace to the health , safety or general welfare of the occupants or the public i Inspector the Johnston County building inspector or designated code official j Multiple Dwelling Any dwelling containing more than two dwelling units k Occupant Any person living or sleeping in a dwelling or dwelling unit l Operator Any person who has charge , care or control of a building , or part thereof , in which dwelling units are let m Owner Any person or persons who is listed in the Johnston County tax records , or who shall have title to any dwelling , or dwelling unit shall be presumed to be the owner of a subject property n Unfit for human habitation That condition or conditions which exist in a dwelling which violate or do not comply with one or more of the minimum standards for fitness or one or more of the requirements established by this ordinance Section 3 MINIMUM STANDARDS FOR DWELLINGS Every dwelling used for human habitation , 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 , 5 , 6 , 7 , 8 and 9 of this ordinance No person shall occupy as owner - occupant , or let to another for occupancy or use as a human habitation , any dwelling which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 4 , 5 , 6 , 7 , 8 and 9 of this ordinance Section 4 MINIMUM STANDARDS FOR STRUCTURAL CONDITION The following standards shall constitute the minimum standards for structural condition of a dwelling a Walls or partitions or supporting members , stills , joists , rafters , or other structural members shall not list , lean or buckle , and shall not be rotted , deteriorated or damaged , and shall not have holes or cracks which admit rodents b Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used c Foundations , foundation walls , piers or other foundation supports shall not be deteriorated or damaged d Steps , stairs , landings , porches or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse e Adequate facilities for egress in case of fire or panic shall be provided f There shall be no chimneys or parts thereof which are so defective or deteriorated as to present a danger by falling , or as a fire hazard or unsafe to use g Interior walls and ceilings of all rooms , closets and hallways shall be finished of suitable materials , which will , by use of reasonable household methods promote sanitation and cleanliness , and shall be maintained in such a manner so as to enable the occupants to maintain a reasonable privacy between spaces h The roof , flashings , exterior walls , basement walls , floors and all doors and windows exposed to weather shall be constructed and maintained so as to be weather and water tight Section 5 MINIMUM STANDARDS FOR BASIC PLUMBING , HEATING AND ELECTRICAL EQUIPMENT AND FACILITIES The following standards shall constitute the minimum standards for basic plumbing , heating and electrical equipment of a dwelling 51 Plumbing System a Each dwelling shall be connected to a potable water supply and to an approved sewage disposal system b Each dwelling unit shall contain not less than 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 c All plumbing fixtures shall meet the standards of the State Plumbing Code and shall be maintained in a state of good repair and in good working order d All required plumbing shall be located within the dwelling unit and be accessible to the occupants ofPage0603 the same The water closet and tub or shower shall be located in a room or rooms affording privacy to the user 52 Heating System Every dwelling shall have facilities for providing heat in accordance with the following a Central And Electric Heating Systems Every central or electric heating system shall be of sufficient capacity to heat all habitable rooms per State building code b Other heating Facilities Where a central or electric heating system is not provided , the dwelling shall be provided with sufficient fireplaces , chimneys , flues , gas vents or other facilities to which heating appliances may be connected to heat all habitable rooms per State building code 53 Electrical System Every dwelling shall be wired for electrical lights and at least two 2 floor or wall type convenient receptacles All fixtures , receptacles , equipment and wiring shall be maintained in a state of good repair , safe , capable of being used and installed in accordance with the State Electrical Code Section 6 MINIMUM STANDARDS FOR VENTILATION The following standards shall constitute the minimum standards for ventilation of a dwelling a General Every habitable room shall have at least one window or skylight facing directly to the outdoors b Habitable Rooms Every habitable room shall have at least one 1 window , skylight or door which can be easily opened , or such other device as will adequately ventilate the room c Bathroom and or water closet rooms Every bathroom and water closet compartment shall comply with the above light and ventilation requirements except that no window or skylight shall be required in adequately ventilated bathrooms or water closet compartment equipped with an approved ventilation system of 50 cfm’s Section 7 MINIMUM STANDARDS FOR SAFE AND SANITARY MAINTENANCE The following standards shall constitute the minimum standards for safe and sanitary maintenance of a dwelling a Exterior foundation , walls and roofs Every foundation wall , exterior wall and exterior roof shall be 1 substantially weather tight and rodent proof ; 2 be kept in sound condition and good repair ; 3 be capable of according privacy ; and 4 be safe to use and capable of supporting the load which normal use would cause to be placed thereon b Interior floors , walls and ceilings Every floor , interior wall and ceiling shall be 1 substantially rodent proof ; 2 kept in sound condition and good repair ; 3 be safe to use and capable of supporting the load which normal use would cause to be placed thereon ; and 4 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 Windows and doors Every window , exterior door , basement or cellar door and hatchway shall be substantially weather tight and rodent proof and be kept in sound condition and good repair d Stairs , porches and appurtenances Every outside stairs , porches and appurtenances shall be kept in sound condition and good repair and be safe to use and capable of supporting the load which normal use would cause to be placed thereon e Bathroom floors Every bathroom floor surface and water closet compartment shall be constructed and maintained so that it will be reasonably impervious to water and will permit such floor to be easily kept in a clean and sanitary condition f Egress Every dwelling shall be provided with adequate means of egress as required by the State Residential Building Code g Exterior Grounds All property shall be in compliance with the provisions of the Johnston County Solid Waste Ordinance Section 8 MINIMUM STANDARDS FOR CONTROL OF INSECTS , RODENTS AND INFESTATIONS The following standards shall constitute the minimum standards for control of insects , rodents and infestations of a dwelling a Rodent control Every basement , or cellar window used or intended to be used for ventilation , and every other opening to a basement which might provide an entry for rodents , shall be equipped withPage1604 screens or other such approved devices , kept in such a condition as to effectively prevent entrance by rodents b Infestation Every occupant of a dwelling , or an individual dwelling unit , shall be responsible for the extermination of any insects , rodents or other pest therein or on the premises NOTE Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonable insect proof condition , extermination shall be the ultimate responsibility of the owner Section 9 RESPONSIBILITIES OF OWNERS AND OCCUPANTS The following shall constitute the minimum standards of responsibility of owners and occupants a Public or common areas Every owner of a building containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the common , or shared , areas of the dwelling and premises thereof b Cleanliness Every occupant of a dwelling shall keep in a clean and sanitary condition that part of the dwelling and premises thereof which they occupy and control Section 10 ADMINISTRATION 101 Division of Property Maintenance The division of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official 102 Duties and Powers of the Code Official a General the code official shall enforce the provisions of this ordinance b Inspections The code official shall make all of the required inspections , or shall accept reports of inspection by approved agencies or individuals c Right of Entry If a potential violation of this ordinance is presented to the code official , the code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures If entry is refused or not obtained , the code official is authorized to pursue recourse as provided by law 103 Violations It shall be unlawful for a person , firm or corporation to be in conflict with or in violation of any of the provisions of this ordinance a Notice of violation The code official shall serve a written notice of violation b Prosecution of violation If the notice of violation is not complied with , the code official shall institute the appropriate proceeding at law or in equity to restrain , correct or abate such violation , or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this ordinance or of the order or direction made pursuant thereof c Violation penalties Any person who shall violate a provision of this ordinance , or fail to comply therewith , or with any of the requirements thereof shall be prosecuted within the limits provided by state or local laws Each day that a violation continues after due notice has been served shall be deemed a separate offense d Violation - Recovery of Inspection Cost Any person who shall violate a provision of this ordinance , or fail to comply therewith , or with any of the requirements thereof may be assessed the cost of the inspection , or inspections , calculated by the County up to and including the date of violation Section 11 MEANS OF APPEAL 111 Application for Appeal Any person directly affected by a decision of the code official or a notice issued under this ordinance shall have the right to appeal to the board of appeals , provided that a written application for appeal is filled with twenty 20 days after the day the notice was served An application for appeal shall be based on a claim that the true intent of this ordinance or the rules legally adopted thereunder have been incorrectly interpreted , the provisions of this ordinance do not fully apply , or the requirements of this ordinance are adequately satisfied by other means 112 Appeals Board A Property Maintenance Appeals Board is hereby established consisting of Johnston County Board of Commissioners ; until such time as the Board of County Commissioners appoint a separate board to carry out the appeals process All hearings before the board shall be open to the public Page2605 1121 Powers of the Board the board shall have the following powers and duties a To hear testimony by the appellant , the appellant’s representative , the code official and any person whose interests are affected b To modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members c To direct the code official to take immediate action in accordance with the decision of the board 113 Appeal of Decision A decision of the Property Maintenance Appeals Board may be appealed to the Superior Court by the nature of a writ of certiorari and must be filled within thirty 30 days of the filling of the decision in the office of Inspections or the delivery of the notice of decision of the board Section 12 Effective Date This ordinance shall become effective immediately upon adoption 4 Solid Waste Decals Commissioner Fred Smith moved the Board keep the cost of solid waste decals at the current 55 for fiscal year 2001 - 2002 Commissioner Cookie Pope seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Allen L Mims , Jr , W Ray Woodall , Wade M Stewart and Fred Smith Nays Thomas M Moore There being no further business , Commissioner Wade M Stewart moved the Board adjourn Commissioner Pope seconded the motion , which carried by unanimous vote ____________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage