(a) Generally. The following definitions shall apply in the interpretation and enforcement of this article:
Accessory structure means any building or structure used or intended to be used in conjunction with housing but not used for habitation, whether attached to or detached from a primary structure, including, but not limited to, sheds, storage buildings, carports and garages, and any attached fence.
Basement means a portion of any housing, at least 40 percent of the habitable space of which is located below finished grade level, having direct access to light and air from windows located above grade.
Bedroom means a room designated or used as a sleeping or bedroom.
Cellar means a portion of any housing 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 means housing which is unfit for human habitation and can be repaired, altered or improved to comply with all of the minimum standards established by this article at a cost not in excess of 50 percent of its value, as determined by finding of the inspector. Repair at a cost not in excess of 50 percent of the value is hereby deemed reasonable pursuant to G.S. 160D-1203(3).
Dilapidated means housing which is substandard or unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this article except at a cost in excess of 50 percent of its value, as determined by finding of the inspector.
Dwelling means any building, structure, manufactured home, or 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. For purposes of this Article V, the term "dwelling" does not include any manufactured home, mobile home, or recreational vehicle which is used solely for a seasonal vacation purpose.
Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Egress means a clear and unobstructed way of departure from the interior of housing to the exterior at street or grade level.
Extermination means 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.
Flue means an enclosed pipe, duct or passageway used only for the transmission of heat or the products of combustion.
Garbage means the organic waste resulting from the handling, preparation, cooking and consumption of food.
Habitable room or habitable space means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers, communicating corridors, wall areas, storage spaces, and any area beneath a ceiling of less than four and one-half feet in height.
Housing means any residential building, dwelling, dwelling unit, multiple dwelling, apartment, boardinghouse or similar building or structure, or part thereof, together with the premises of such building, and other appurtenances thereto.
Impervious to water (as to floors) means a clean, smooth floor, without cracks or holes, made of terrazzo, ceramic, asphalt or rubber tile, smooth concrete, linoleum or other similar material, or made of wood, and, if made of wood, then with tightly fitting joints, covered with varnish, lacquer or other similar water-resistant coating.
Infestation means the presence of any insects, rodents or other pests within or around housing in such number as to constitute a menace to the health, safety or welfare of the occupants or the public.
Inspector means the director of inspections and permits department and his or her designee(s). In addition to the powers and responsibilities granted in this article, the inspector shall have and may exercise the powers and responsibilities of "public officer" set forth in G.S. 160D-1201.
Landings means any flat area around doorways, ramps, or stairs as required by the state residential building code and shall be at least three foot in depth with a minimum width no less than the door it serves.
Multiple dwelling means any housing containing more than two dwelling units.
Occupant means any person living, sleeping, cooking or eating in, or having actual possession of, housing.
Operator means any person who has charge, care or control of a building, or part thereof, in which housing is let.
Owner means any person who is the holder of title in fee simple to housing, and every mortgagee of record.
Party or parties in interest means all persons who have interest of record in housing, and any persons who are in possession thereof.
Person means any individual, corporation, limited liability company, firm, partnership, association, conservator, receiver, trustee, executor or other legal entity.
Plumbing means supplied fixtures, as defined herein, together with all connections to water, sewer or gas lines within the property lines of the premises, employed for use of water, sewer or gas utilities, including, but not limited to, 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 clothes-washing machines, catch basins, drains, vents and traps.
Porch means a covered area greater than 25 square feet with a roof at an entrance to housing.
Premises means a lot, plot or parcel of land, including the buildings or structures thereon, or any part thereof, except land occupied by streets, alleys or public thoroughfares.
Public authority means any housing authority or any officer or employee of any department or branch of the governments of the town, county, or the state relating to health, safety, law enforcement, fire or building regulations or other activities concerning housing in the town.
Remove and demolish means the demolition and removal of the entire building or structure, leaving the premises free and clear of any debris, any excavation properly filled in, and with no holes or pockets which may retain water.
Rubbish means combustible or noncombustible waste materials, except garbage, including, but not limited to, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass or dust.
Structure means that which is built or constructed.
Unfit for human habitation or unfit means housing which is dangerous or injurious to the health, safety or morals of the occupants of the housing, the occupants of neighboring housing, or other residents of the town, as further described in Section 8-118(c).
Vacate and close means that housing shall be secured to prevent entry, including all outer doors firmly locked and basement, cellar and windows barred or boarded. It also means that such housing shall not again be used for human habitation until all violations are corrected and an inspection is conducted by the inspector to verify compliance with this article.
Value means the total value of any structure which is the subject of an order hereunder, as appraised for ad valorem tax purposes on the duly adopted and recorded tax rolls of the county on the date of the inspector's initial order pursuant to section 8-129(b) herein.
Ventilation means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
Weathertight means so constructed that the housing resists weather and excludes precipitation and prevents the infiltration of air.
(b) Words having certain meanings. Whenever the words "housing," "dwelling," "dwelling unit," and "premises" are used in this article, they shall be construed as though they were followed by the words "or any part thereof."
(Code 1982, § 5-201; Ord. No. 96-012, 11-14-1996; Ord. No. 2010-Code-01, 3-10-2010; Ord. No. 2011-Code-04, 6-16-2011; Ord. No. 2021-Code-02, 6-24-2021)