(A) General definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASEMENT. A portion of a dwelling which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.
CELLAR. A portion of a dwelling which is located partly or wholly underground, having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
DETERIORATED. A dwelling that is unfit for human habitation and can be repaired, altered, or improved to comply with all of the minimum standards established by this chapter at a cost not in excess of 50% of its value, as determined by finding of the public officer.
DILAPIDATED. A dwelling that is unfit for human habitation and cannot be repaired, altered, or improved to comply with all of the minimum standards established by this chapter except at a cost in excess of 50% of its value, as determined by finding of the public officer.
DWELLING. Any building, structure, manufactured home, or a mobile home, or part 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. The term shall include within its meaning the terms ROOMING HOUSE and ROOMING UNIT, as defined in this section.
DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.
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 public officer.
GARBAGE. The organic waste resulting from the handling, preparation, cooking, and consumption of food.
GENDER. Words having a masculine gender shall include the feminine and neuter genders.
HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, toilet compartments, laundries, heater rooms, foyers, or communicating corridors, closets, and storage spaces.
HOT WATER. Hot water is potable water with a temperature between 90° and 130°F.
INFESTATION. The presence within or around a dwelling, of any insects, rodents, or other pests in such number as to constitute a menace to the health, safety, or welfare of the occupants or the public.
MANUFACTURED HOME.
(a) A structure, transportable in one or more sections, which in the traveling mode is eight feet or more in width, or 40 feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning, and electrical systems contained therein.
(b) For manufactured homes built before June 15, 1976, MANUFACTURED HOME means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width. MANUFACTURED HOME also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width.
MOBILE HOME. See definition of MANUFACTURED HOME.
MULTIPLE DWELLING. Any dwelling containing more than one dwelling unit.
OCCUPANT. Any person living, sleeping, cooking, or eating in or having actual possession of a dwelling.
OPERATOR. Any person who has charge, care, or control of a building, or part thereof, in which one or more dwelling units or rooming units are let.
OWNER. The holder of title in fee simple and every mortgagee of record.
PARTIES IN INTEREST. All individuals, associations, and corporations who have interests of record in a dwelling, and any who are in possession thereof.
PERSON. Any individual, corporation, firm, partnership, association, organization, or other legal entity.
PLUMBING. All of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), sewage disposal pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.
POTABLE WATER. Water which is safe for human consumption and meeting all applicable county, state, and federal standards for drinking water.
PUBLIC AUTHORITY. Any housing authority or any officer who is in charge of any department or branch of the government of the town, the county, or the state relating to health, fire, building regulations, or other activities concerning dwellings in the town.
PUBLIC OFFICER. The officer or officers who are authorized by this chapter to exercise the powers prescribed by this chapter and by G.S. Ch. 160D, Art. 12. The PUBLIC OFFICER shall be the Town Planner or other town employee(s) designated by the Town Manager and may also include building inspectors working for or on behalf of the town pursuant to a contract or agreement with another entity or political subdivision.
ROOMING HOUSE. Any dwelling, or that part of any dwelling, containing one or more rooming units in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or brother or sister of the owner or operator.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping.
RUBBISH. The term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, dust, and similar items.
SUPPLIED. Paid for, furnished, or provided by or under the control of the owner or operator.
TEMPORARY HOUSING. Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days or a total of 30 days in any 60- day period.
UNFIT FOR HUMAN HABITATION. A dwelling is unfit for human habitation if the public officer finds that conditions exist in the dwelling that render it dangerous or injurious to the health, safety, or morals of the occupants of the dwelling, the occupants of neighboring dwellings, or other residents of the town. Defective conditions include those conditions specified in this chapter which constitute defects in the dwelling increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.
(B) Words having certain meaning. Whenever the words “dwelling”, “dwelling unit”, “rooming house”, “rooming unit”, or “premises” are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof”.
(Prior Code, § 1602) (Ord. 22-01-01, passed 1-6-2022)