SALISBURY – The City of Salisbury Department of Neighborhood Services has proposed an Occupancy Enforcement Policy due to an increase in over-occupancy violations.
The ordinance before the council on Monday evening stated, “The Department of Neighborhood Service and Code Compliance is experiencing a rise in over-occupancy violations, and due to this rise in over occupancy, there is a need to strengthen the enforcement for occupancy violations. A reduction in the allowed occupancy of nonconforming uses where over-occupancy has occurred is desirable, and the addition of denial, nonrenewal, revocation or suspension of a license or registration will make enforcement more effective.”
Neighborhood Service and Code Compliance (NSCC) Director Susan Phillips submitted to the City Council a proposed Occupancy Enforcement Policy that would go into effect if the proposed over-occupancy legislation goes into effect.
In the City of Salisbury predominantly, occupancy is limited to either a “family” that is defined by the Salisbury Municipal Code or two unrelated persons. Fines and penalties exist for non-compliance, and residents, landlords, and new leases are encouraged to know the current occupancy requirements in single family neighborhoods.
According to the proposed policy, if an over-occupancy violation is identified, a citation for a municipal infraction is issued, and at the same time, an Investigation of Excessive Occupancy letter is issued requiring the property owner to contact the NSCC regarding this matter within ten days. Immediately following the ten-day time period, if the structure remains over-occupied and the landlord has not taken action to evict the persons who over-occupy the property an Order to Vacate the unit will be issued and 60 days will be given for occupants to vacate the premises.
Additionally, rental unit registration will be suspended once an inspection has confirmed that the unit has been vacated. The first offense will result in a three-month suspension, a second offense will result in a six-month suspension, a third offense will be a 12-month suspension, and NCSS reserves the right to issue continuing municipal infractions during this time.
Following the suspension of the rental unit registration, a comprehensive inspection will be completed. If the unit is found to be in compliance, a certificate of occupancy will be issued and the unit may resume as a rental use.
In addition, NCSS proposed amendments to the Salisbury Municipal Code starting with removing “two unrelated” to now read “An unlawful structure which is ordered to be “vacated or condemned” shall, in the case of a dwelling, be permanently reduced to occupancy allowed for the applicable conforming use, with no additional occupants permitted pursuant to the dwelling’s status as a nonconforming use” to have more consistency and accuracy throughout the code.
If the department of neighborhood services and code compliance determines that the number of unrelated occupants in a dwelling violates the occupancy provisions established by the code, the number of unrelated occupants, not including the children of either of them, will be permanently reduced to the maximum allowed for the applicable conforming use, with no additional occupants permitted due to the dwelling’s status as a nonconforming use.
If the occupancy limitations are violated and if the requirements of the licensing and registration standards of this code are not satisfied, the license and registration may be denied, not renewed or suspended.
During discussion, the council questioned the definition of occupancy.
“How long does someone have to be there before they are considered taking up residency?,” Councilwoman Laura Mitchell asked. “We don’t define that. If someone is there during spring break with their boyfriend or girlfriend, or even if a parent is staying there, how are we defining they are not living there.”
Phillips responded the determination of occupancy wouldn’t be based off of a visitor.
“We look at it upwards of several months to prove a pattern of occupancy,” she said.
City Administrator Tom Stevenson added the majority of issues are a result of complaints made by neighbors.
“The residents nearby know whether or not these occupants are there every day, getting in and out of their car and going off to school. That is much different than a girlfriend or boyfriend staying on the weekends. Often time surrounding residents are familiar with the pattern, and NSCC will start surveillance,” Stevenson said.
The council voted 4-0, with Councilwoman Shanie Shields absent, to approve the ordinance in first reading.