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The following shall be the minimum standards for space, use and the location applicable to dwellings and dwelling units.
(A) Room sizes.
(1) Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the State Residential Building Code.
(2) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable area for each of the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant.
(3) In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over, and at least 35 square feet of floor area for each occupant under 12 years of age.
(B) Ceiling height. At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet and six inches.
(C) Floor area calculation. Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area withing the dwelling unit may count for not more than 10% of the required habitable floor area. The floor area of any part of any room when the ceiling height is less than four and one-half feet shall not be considered as part of the floor area for the purpose of determining maximum permissible occupancy.
(D) Cellar. No cellar shall be used for living purposes.
(E) Basements. No basement shall be used for living purposes unless:
(1) The floor and walls are substantially watertight;
(2) The total window area, total open able window area, and ceiling height are equal to those required for habitable rooms; and
(3) The required minimum window area of every habitable room is entirely above the grade adjoining that window area, except where the window or windows face a stairwell, window well or access way.
(Prior Code, § 23.14)
The following shall be the minimum standards for safe and sanitary maintenance applicable to dwellings and dwelling units.
(A) Exterior foundations, walls and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weather tight and rodent proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.
(B) Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon.
(C) Windows and doors. Every window, exterior door, basement or cellar door and hatchway shall be substantially weather tight, watertight and rodent proof and shall be kept in sound working condition and good repair.
(D) Stairs, porches and appurtenances. Every outside and inside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use would cause to be placed thereon and shall be kept in sound condition and good repair.
(E) Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so that it will be reasonably impervious to water and will permit that floor to be easily kept in a clean and sanitary condition.
(F) Supplied facilities. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.
(G) Drainage. Every yard shall be properly graded in order to obtain thorough drainage and to prevent the accumulation of stagnant water.
(H) Noxious weeds. Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to health.
(I) Egress. Every dwelling unit shall be provided with adequate means of egress as required by the State Residential Building Code.
(Prior Code, § 23.15)
The following shall be the minimum standards for control of insects, rodents and infestations in dwellings and dwelling units.
(A) Rodent control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be equipped with screens or other approved device as will effectively prevent their entrance.
(B) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for the extermination whenever his or her dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.
(C) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by this code and other town ordinances, and the owner, operator or agent in control of that dwelling or dwelling unit shall be responsible for the removal of rubbish.
(Prior Code, § 23.16)
ADMINISTRATION AND ENFORCEMENT
(A) The Inspector is hereby designated as the officer to enforce the provisions of this chapter and to exercise the duties and powers herein prescribed.
(B) The Inspector is authorized to exercise powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this chapter.
(C) The Inspector shall have the following powers and duties:
(1) To investigate the dwelling conditions, and to inspect dwellings and dwelling units located in the town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this chapter with respect to the repair, closing or demolition of such dwellings and dwelling units;
(2) To take actions, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;
(3) To keep a record of the results of inspections made under this chapter an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed;
(4) To administer oaths and affirmations, examine witnesses and receive evidence;
(5) To enter upon premises for the purpose of making examinations and inspections; provided, the entries shall be made in accordance with § 150.36 below and state law, and shall be made in a manner so as to cause the least possible inconvenience to the persons in possession;
(6) To appoint and fix the duties of the officers, agents and employees as he or she deems necessary to assist in carrying out the purposes of this chapter, and to delegate any of his or her functions and powers to the officers, agents and employees; and
(7) To perform other duties as may be herein prescribed or by the Town Board.
(Prior Code, § 23.35) (Ord. passed 7-23-1974)
(A) For the purpose of making inspection, the Inspector is hereby authorized to enter, examine and survey at all reasonable time all dwellings, dwelling units, rooming houses, rooming units and the premises associated therewith. The owner or occupant of every dwelling, dwelling unit, rooming house or rooming unit, or the person in charge thereof shall give the Inspector free access to that dwelling and its premises at all reasonable times for the purposes of the inspection, examination and survey.
(B) Every occupant of a dwelling, dwelling unit, rooming house or rooming unit shall give the owner thereof, or his or her agent or employee, access to any part of that dwelling or dwelling unit and its premises at all reasonable times for the purpose of making repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of this chapter.
(Prior Code, § 23.36)
(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Inspector by a public authority or agent thereof, or by at least five residents of the town, charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties in interest in the dwelling or dwelling unit a compliant stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint. The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the dwelling. Any person desiring to do so may attend the hearing and give evidence relevant in courts of law or equity shall not be controlling in hearings before the Inspector.
(B) Procedure after hearing. After the notice and hearing, the Inspector shall state in writing his or her determination whether the dwelling or dwelling unit is unfit for human habitation, and if so, whether it is deteriorated or dilapidated.
(1) If the Inspector determines that the dwelling or dwelling unit is deteriorated, he or she shall state in writing his or her findings of fact in support of that determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter or improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter within a specified period of time, not to exceed 90 days. The order may also direct and require the owner to vacate and close the dwelling or dwelling unit until the repairs, alteration and improvements have been made.
(2) If the Inspector determines that the dwelling is dilapidated, he or she shall state in writing his or her findings of fact to support that determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner either to repair, alter or improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or else to vacate and remove or demolish them within a specified period of time not to exceed 90 days.
(C) Failure to comply with order.
(1) In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Inspector to repair, alter or improve, or to vacate and close the same within the time specified therein, or if the owner of a dilapidated dwelling or dwelling unit shall fail to comply with an order of the Inspector to repair, alter or improve, or to vacate and close and remove or demolish the same within the time specified therein, the Inspector shall submit to the Town Board at its next regular meeting a resolution directing the Town Attorney to petition the superior court for an order directing that owner to comply with the order of the Inspector, as authorized by G.S. § 160A-446(g).
(2) In rem remedy. After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to comply with an order of the Inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (C)(1) above, the Inspector shall submit to the Town Board an ordinance ordering the Inspector to cause that dwelling or dwelling unit to be repaired, altered, improved, vacated, closed, removed or demolished, as provided in the original order of the Inspector, and pending removal or demolition, to place a placard on that dwelling as provided by G.S. § 160A-443 and § 150.39 below.
(D) Appeals from orders of Inspector.
(1) An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby. Any appeal from the Inspector shall be taken within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the Inspector and with the Town Board of notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the Town Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When an appeal is from a decision of the Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Town Board, after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate, a copy of which shall be furnished the appellant, a suspension of this requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except for due cause shown upon not less than one day’s written notice to the Inspector, by the Town Board, or by a court of record upon petition made pursuant to G.S. § 160A-446(f) and division (E) below.
(2) The Town Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Town Board may reverse or affirm wholly or partly, or may modify the decision or order appealed from, and may make the decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Inspector, but the concurring vote of four members of the Town Board shall be necessary to reverse or modify any decision or order of the Inspector. The Town Board shall have power also in passing upon appeals, in any case, where there are practical difficulties or unnecessary hardships in the way of carrying our the strict letter of this chapter, to adapt the application of this chapter to the necessities of the case to the end that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(3) Every decision of the Town Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Town Board, but not otherwise.
(E) Petition to superior court by owner. Any person aggrieved by an order issued by the Inspector or a decision rendered by the Town Board shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the Inspector pending a final disposition of the cause, as provided by G.S. § 160A-446(f).
(Prior Code, § 23.37)
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