None Designated
CHAPTER 143
BUILDING CODE; FLOOD CONTROL
Section 143-1. The Tribal Business Committee shall review and approve
all construction, structural alterations and beautification plans for
all business enterprises located on the Cherokee Indian Reservation.
One copy of plans and specifications shall be filed with the Committee
prior to approval.
(a) The Business Committee and the Realty Office of the Cherokee
Indian Agency will review and approve or disapprove plans
for construction and beautification of business sites.
Before any construction or major alteration of business
places is done, plans for same must be approved by the
Business Committee.
(b) Any person or firm violating the provisions of the Cherokee
Building Code shall be subject to a fine of five hundred
dollars ($500).
SOURCE: Ord. 155, eff. Apr. 19, 1990.
Section 143-2. Any construction or substantial improvements proposed
in a location that has a flood hazard must be designed or modified and
anchored to structure, must use construction materials and utility
equipment that are resistant to flood damage, and must utilize
construction methods and practices to minimize flood damage.
Section 143-3. The Tribal Business Committee shall review subdivision
proposals and other proposed developments to assure they minimize
flood damage, that all public utilities and facilities such as sewer,
gas, electrical and water systems are located or elevated to minimize
flood damage, that adequate drainage is provided to reduce flood
hazards.
Section 143-4. The Tribal Business Committee shall require new or
replacement water systems and sanitation systems be designated to
minimize infiltration of flood water into the systems and discharges
from the systems into flood waters, and require on-site disposal
systems be located so as to avoid impairment or contamination during
flooding.
SOURCE: Res. 32, eff. Oct. 17, 1946; Res. 340, eff. Mar. 3, 1977.
Section 143-5. Businesses shall be required to have restroom
facilities for both sexes.
SOURCE: Res. 77, eff. Jul. 1, 1951.
Section 143-6. BUILDING CODES.
The Eastern Band of Cherokee Indians adopts the following
building codes which shall apply to all construction on the Cherokee
Indian Reservation:
(a) The Southern Standard Building Code.
(b) The North Carolina State Building Code.
SOURCE: Res. 973, eff. Feb. 16, 1966; Res. 38-S, eff. Jul. 1, 1968.
Section 143-7. BUILDING CODE AMENDED.
The following sections of the Southern Standard Building Code are
hereby amended to meet the special requirements of the Cherokee Indian
Reservation.
A. Section 103.2 is amended to read:
All dwellings, apartment houses, rooming houses or buildings
or structures used as such which are unsafe, unsanitary,
unfit for human habitation, or not provided with adequate
egress, or which constitute a fire hazard, or are otherwise
dangerous to human life, or which in relationship to existing
use constitute a hazard, or are otherwise dangerous to human
life, or which in relationship to existing use constitute a
hazard to safety or health by reason of inadequate
maintenance, dilapidation, obsolescence, or abandonment are
severely in contemplation of this section, unsafe buildings.
No such unsafe building shall be constructed or change
ownership or occupancy unless and until such time that the
provisions of this Code have been met and appropriate
approval obtained for such construction or change in
ownership or occupancy from the Tribal Building Official.
Failure to obtain said approval shall be a violation of this
ordinance and shall make the owner of the dwelling, apartment
house, rooming house or building or structure used as such
liable to the penalties hereinafter set forth. All such
buildings sought to be constructed or as shall become vacant
shall be immediately subject to the following procedure:
(a) Prior to constructing or reoccupying any dwelling, the
owner-occupant must apply for and obtain permission from
the office of the Tribal Building Official. If the
person desires to construct a dwelling unit, said
permission shall be in the form of a Building Permit.
If the person desires to reoccupy a vacated dwelling or
occupy a new dwelling, said permission shall be in the
form of a CERTIFICATE OF OCCUPANCY.
(b) The PERMIT TO BUILD a new dwelling. An application may
be obtained from the office of the Tribal Building
Official which application shall be completed by the
applicant and which application shall contain a promise
to build according to the terms of the Code and an
agreement that inspections may be carried out by the
Tribal Building Official or his agent. A primary
inspection shall be made of the plot to determine if the
property has adequate ingress and egress and drainage.
At least one inspection shall be made during the
construction so that the inspector can offer the builder
suggestions that will enable said builder to stay within
the minimum regulations of the Code. A final inspection
of the dwelling shall be made before the applicant is
permitted to move into the dwelling and in the event
that the inspector finds that said dwelling meets the
minimum requirements of the said Code, said inspector
shall request the Tribal Building Official for immediate
issuance of a Certificate of Occupancy.
(c) The CERTIFICATE OF OCCUPANCY of a vacated building -
Prior to a change in the occupancy of any dwelling, the
prospective occupant must obtain a Certificate of
Occupancy. Upon application by the prospective occupant
for said Certificate, the Tribal Building Official shall
order an inspection of the appropriate premises for the
purpose of assessing what repairs, if any, are necessary
to meet the minimum requirements of the Code. The
inspection shall be made as soon as practical in order
that the interested parties have an opportunity to
ascertain whether the dwelling in question is worth the
expense of any required repairs. The office of the
Tribal Building Official shall assist the individual in
every reasonable way in his inquiry about materials and
labor for any required repairs. All repairs must be
inspected and approved before a Certificate of Occupancy
may be issued and before the applicant can occupy the
dwelling.
(d) Should any individual, once notified, fail to petition
for the above described permits or should the office of
the Tribal Building Official refuse to issue said permit
upon a finding that the building or structure or portion
thereof is unsafe, unsanitary or unfit for human
habitation, then, in that event, the Tribal Building
Official shall, in accordance with the established
procedure for legal notices, give the owner, agent, or
person in control of such building or structure, written
notice stating the defects thereof. This notice shall
require the owner within a stated time either to
complete specified repairs or improvements or to
demolish and remove the building or structure or portion
thereof.
(e) The Tribal Building Official shall cause to be posted at
each entrance to such building a notice: "THIS BUILDING
IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED
BY THE TRIBAL BUILDING OFFICIAL." Such notice shall
remain posted until the required repairs are made or
demolition is completed. It shall be unlawful for any
person, firm or corporation, or their agents, or other
servants, to remove such notice without written
permission of the Tribal Building Official, of for any
person to enter the building except for the purpose of
making the required repairs or of demolishing same.
(f) The owner, agent, or person in control shall have the
right, except in cases of emergency, to appeal from the
decision of the Tribal Building Official, as provided
hereinafter, and to appear before the Board of
Adjustment and Appeals at a specified time and place to
show cause why he should not comply with said notice.
(g) In case the owner, agent or person in control cannot be
found within the stated time limit, or, if such owner,
agent or person in control shall fail, neglect, or
refuse to comply with notice to repair, rehabilitate, or
to demolish and remove said building or structure or
portion thereof, the Tribal Building Official, after
having ascertained the cost, shall cause such building
or structure or portion thereof, to be demolished,
secured, or required to remain vacant.
(h) Costs incurred under paragraph 103.2(d) shall be charged
to the owner of the premises if this person can be
located; or this owner may himself cause the repairs or
demolition to be carried out, provided that this repair
or demolition shall be completed within a period to be
stated by the Tribal Building Official. If the owner
cannot be located or ascertained within ninety days, the
demolition of the structure shall be financed by the
Eastern Band of Cherokee Indians.
B. Section 106.1 is amended to read:
Appointment
There is hereby established on the Reservation a board to be called
the Board of Adjustment and Appeals, which shall consist of five (5)
members. Such Board shall be composed of one physician or member of
the Public Health Department, one local building material dealer, one
architect or engineer, and two members at large selected by the Tribal
Council from local homeowners. These members of the Board, not
appointed by the Tribal Council, shall be appointed by the Chief
appointing Authority.
The members of the Board shall serve for a term of five (5) years with
said terms being staggered so that one vacancy shall occur each year.
The terms of the initial Board members shall be one (1), two (2),
three (3), four (4) and five (5) years respectively, with the Chief
Appointing Authority designating the terms to be served by the
individual members of the initial Board.
Provided, that any member of the Board may be removed upon the
recommendation of the Chief Appointing Authority and the concurrence
of the Tribal Council.
In the event it would not be possible to fill the membership of the
Board in all the categories listed above, the Chief Appointing
Authority may select the remaining membership at its own discretion
from business and professional residents of the governed area.
C. Section 109.1 is amended to read:
Violation and Penalties.
Whenever in this Code any act is prohibited or the doing of any act is
required, or the failure to do any act is declared to be unlawful, the
violation of any such provision of this Code shall be punishable by a
fine of not more than fifty dollars ($50) or by imprisonment for not
more than thirty (30) days. Each day any violation of this Code
continues shall constitute a separate offense.
D. Section 109.2 is amended to read:
Enforcement
Whenever enforcement for violations of this Code is necessary and the
penalties of Section 109.1 above are sought to be imposed, the
violator shall be brought forthwith before the proper judicial
authority for a speedy trial. #38-S, 1968.
SOURCE: Res. 38-S, eff. ___, 1968.
Section 143-8. ELECTRICAL CODE.
The Eastern Band of Cherokee Indians adopts the National
Electrical Code which shall apply to all construction and buildings on
the Cherokee Indian Reservation.
SOURCE: Res. 973, eff. Feb. 16, 1966.
Section 143-9. TRIBAL INSPECTORS.
(a) The position of Housing Inspector is hereby created. The
duties of the inspector shall be to inspect all housing and
buildings in accordance with all applicable codes and
ordinances and to recommend and seek means whereby housing
standards may be upgraded on the Reservation.
(b) The position of Electrical Inspector is hereby created. The
duties of the inspector shall be to inspect the electrical
installation and service all housing and buildings in
accordance with all applicable codes and ordinances.
SOURCE: Res. 9, eff. Oct. 26, 1967; Res. 306, eff. May 1, 1975.
Section 143-10. FIRE PREVENTION CODE.
The Eastern Band of Cherokee Indians adopts the Fire Prevention
Code as recommended by the National Board of Fire Underwriters which
shall apply to all construction and buildings on the Cherokee Indian
Reservation.
SOURCE: Res. 973, eff. Feb. 16, 1966.
Section 143-11. MOBILE HOMES.
The following action shall be required before a mobile home may
be delivered to the Cherokee Indian Reservation for use as a residence.
(a) The site must be investigated and approved by the Indian
Health Service.
(b) The occupant must obtain a permit from the Tribal Business
Committee before a mobile home may be brought onto the
Reservation or before a mobile home may be relocated within
the Reservation.
(c) The occupant shall comply with all rules and regulations
applicable to installation of water or sewer services by the
Indian Health Service.
(d) Mobile home permit fees shall be fifteen dollars ($15), with
five dollars ($5) designated to the Council Fund to defray
administrative costs and ten dollars ($10) designated to the
Sanitation Fund.
SOURCE: Res. 454, eff. Jun. 10, 1971.
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