The following definitions shall apply in the interpretation and enforcement of this subchapter.
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 adequate access to light and air from windows located partly or wholly below the adjoining ground.
DETERIORATED. A dwelling may be unfit for human habitation and can be repaired, altered, or improved to comply with all of the minimum standards established by this subchapter at a cost not in excess of 50% of its value, as determined by the inspector.
DILAPIDATED. A dwelling is unfit for human habitation and cannot be improved, repaired, or altered to comply with all of the minimum standards established by this subchapter except at a cost in excess of 50% of its value, as determined by the inspector.
DWELLING. Any building, structure, manufactured home or mobile home or part thereof which is wholly or partly used or intended to be used for living, sleeping or habitation by human occupants and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured home of health care home which is used solely for a seasonal vacation purpose. Temporary housing, except for temporary family health care structures as defined below, shall not be regarded as a dwelling. The term DWELLING shall include within its meaning the terms rooming house and rooming unit, as hereinafter defined.
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 inspector.
GARBAGE. The waste resulting from the handling, preparation, cooking, and consumption of food.
GENDER. Words having a masculine gender shall include the feminine and neuter gender.
HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathroom, water closet compartments, laundries, heater rooms, foyers, or communication corridors, closets and storage spaces.
INFESTATION. The presence, within or around a dwelling, or 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.
INSPECTOR. The Carthage Town Manager or his or her designee or agent. INSPECTOR shall be synonymous with "public officer," as that term is used in G.S. Chapter 160D, Art. 6, Minimum Housing.
MULTIPLE DWELLINGS. Any dwelling containing more than two dwelling units.
OCCUPANCY. Any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling, dwelling unit or rooming unit.
OPEN STORAGE. Means the outside or open-air placement, for a continuous 24-hour period, or more, of any item including but not limited to boxes, appliances, furniture (but not typical outdoor or yard furniture), tools, equipment, junk, garbage, old, worn out, broken or discarded machinery and equipment, cans, containers, household goods or other similar condition that may increase the likelihood of a fire; may conceal dangerous conditions; may be a breeding place or habitat for mice, rats or other pests; or create an unattractive condition or visually blighted property.
OPERATOR. Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
OWNER. Any person who alone, jointly, or severally with others:
(1) Shall have title to any dwelling, dwelling unit or rooming unit, with or without accompanying actual possession thereof;
(2) Shall be a mortgagee of record for any dwelling, dwelling unit or rooming unit; or
(3) Shall have charge, care, or control of any dwelling, dwelling unit or rooming unit, as owner or agent of the actual owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the actual owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this subchapter and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.
PARTY or PARTIES-IN-INTEREST. All individuals, associations and corporations who have interests of record in a non-residential building or structure, dwelling, dwelling unit or rooming unit and any persons 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, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
PUBLIC AUTHORITY. Any officer who is in charge of any department or branch of the government of the Town of Carthage or Moore County, or the State of North Carolina relating to health, fire, building regulations or other activities concerning dwellings in the town.
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 four or more persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner of operator.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes.
RUBBISH. Non-food waste materials. The term shall include items such as: paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral, glass and dust.
SUPPLIED. Paid for, furnished, or provided by, or under the control of, the owner or operator.
TEMPORARY FAMILY HEALTH CARE STRUCTURE. A transportable residential structure as authorized by G.S. § 160D-915, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that:
(1) Is primarily assembled at a location other than its site of installation;
(2) Is limited to one occupant who shall be the mentally or physically impaired person;
(3) Has no more than 300 gross square feet; and
(4) Complies with applicable provisions of the State Building Code and G.S. § 143-139.1(b). These structures are deemed to be permitted accessory structures by state law.
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 on the same premises for more than 30 consecutive days.
UNFIT FOR HUMAN HABITATION. Conditions exist in a dwelling, dwelling unit, rooming house, or rooming unit which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this subchapter.
VACANT INDUSTRIAL WAREHOUSE. Any building or structure designed for the storage of goods or equipment in connection with manufacturing processes, which has not been used for that purpose for at least one year and has not been converted to another use.
VACANT MANUFACTURING FACILITY. Any building or structure previously used for the lawful production or manufacturing of goods, which has not been used for that purpose for at least one year and has not been converted to another use.
WORDS HAVING CERTAIN MEANING. Whenever the words DWELLING, DWELLING UNIT, ROOMING HOUSE, ROOMING UNIT, or PREMISES are used in this subchapter, they shall be construed as though they were followed by the words "or any part thereof."
(Ord. passed 3-17-2015; Am. Ord. passed 8-15-2022)