AG 2002 08 19 (Regular) - Laserfiche WebLink

Home Browse Search

Annex C: County Capability Assessment I. Purpose. To identify and define the capabilities that Cabarms County has available to implement and enforce a hazard mitigation plan. II. Situation and Assumptions. A. The ability of a community to develop an effective hazard mitigation plan depends upon its capability to implement policy and programs. This is accomplished through the legal, technical, and fiscal capabilities of the local government. B. Cabarms County is a local government body with a Board-Manager form of government. The elected Board of Commissioners is the decision making body for the County. The appointed Planning and Zoning Board serves as an advisory body to the elected Board on planning matters. The County has a number of professional staff departments to serve the citizens of the County and to carry out day-to-day administrative activities. III. Legal Authority of Local Governments in North Carolina A. Cabarrus County has a wide array of powers as a result of North Carolina legislation. These powers enable the County to adopt and implement policies and ordinances that may be used to mitigate the potential harmful effects of natural hazards. Below is a summary of the legal authority'and powers that North Carolina has conferred on local governments within the state. These powers fall into four broad categories: regulation, acquisition, taxation, and spending. B. Regulation 1. General Police Power. Local governments in North Carolina have been granted broad regulatory powers in their jurisdictions. North Carolina General Statutes (NCGS) bestow the general police power on local governments, allowing them to enact and enforce ordinances which define, prohibit, regulate, or abate acts, omissions, or conditions detrimental to the health, safety, and welfare of the people, and to define and abate nuisances (including public health nuisances). Since hazard mitigation can be included under the police power (as protection of public health, safety and welfare), towns, cities, and counties may include requirements for hazard mitigation in local ordinances. Local governments may also use their ordinance-making power to abate "nuisances," which could include, by local definition, any activity or condition making people or property more vulnerable to any hazard (NCGS 160A Art. 8 (Delegation and Exercise of the General Police Power to Cities and Towns); 153A, Art. 6 (Delegation and Exercise of the General Police Power to Counties)). 2. Building Codes and Building Inspection. (a) Many structural mitigation measures involve constructing and retrofitting homes, businesses and other structures according to standards designed to make the buildings more resilient to the impacts of natural hazards. Many of these standards are imposed through the building code. Draft Annex C v.3 C-1 1 June 2002