Loading...
GENERAL PROVISIONS
(A) Permit required. It shall be unlawful for any person, firm or corporation of the town to start constructing or altering any building within the town without first obtaining from the Planning Director of the town an official zoning permit.
(B) Fees. Based on the schedule of fees.
(Ord. eff. 10-12-1970; Ord. eff. 6-18-1971) Penalty, see § 150.99
MINIMUM HOUSING CODE
(A) Pursuant to G.S. § 160A-441, it is hereby found and declared that there exist in the town dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, light and sanitary facilities, and due to other conditions rendering the dwellings unsafe and unsanitary, and dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents of the town.
(B) In order to protect the health, safety and welfare of the residents of the town, as authorized by G.S. Chapter 160A, Article 19, Part 6, it is the purpose of this subchapter to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. § 160A-444.
(C) In addition, it is hereby found and declared, under the authority of G.S. § 160A-174, that there exist in the town dwellings which, although not meeting the classification as unfit for human habitation, fail to fully comply with all the minimum standards for housing fitness as established herein and therefore have present one or more conditions which are inimical to the public health, safety and general welfare. These conditions, if not corrected, can lead to deterioration and dilapidation of dwellings which render them unfit for human habitation.
(D) This subchapter was adopted on June 14, 2010.
(Ord. eff. 6-14-2010)
(A) This subchapter is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof which are public safety, health and general welfare through structural strength, stability, sanitation, adequate light and ventilation and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of dwellings, apartment houses, rooming houses or buildings, structures or premises used or intended for use as such.
(B) The provisions of this subchapter shall apply to all existing housing and to all housing hereafter constructed within the town. Portable, mobile or demountable buildings or structures, including trailers, manufactured homes and mobile homes, when used or intended for use for housing within the jurisdiction, shall be subject to the applicable provisions of this subchapter. This subchapter establishes minimum requirements for the initial and continued occupancy of all buildings used for human habitation and does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities except as provided in this subchapter.
(C) The provisions of this subchapter shall also apply to abandoned structures which are found by the Town Board of Commissioners to be a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children or frequent use by vagrants as living quarters in the absence of sanitary conditions.
(Ord. eff. 6-14-2010)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different 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.”
ABANDONED STRUCTURE. Any structure, whether designed and intended for residential or other uses, which has been vacant or not in active use, regardless of purpose or reason, for the past two-year period and which is determined by the Housing Inspector to be unfit for human habitation or occupancy based upon the standards as set forth in this subchapter.
BASEMENT. A portion of a building which is located partly underground, having access to light and air from windows located above the level of the adjoining ground.
CELLAR. A portion of a building located partly or wholly underground having inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
DETERIORATED DWELLING. 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 subchapter, at a cost not in excess of 50% of its value, as determined by finding of the Housing Inspector.
DILAPIDATED DWELLING. 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 subchapter at a cost not in excess of 50% of its value, as determined by finding of the Housing Inspector.
DWELLING. 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 accessory buildings and structures 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.
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 eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the Housing Inspector.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM. 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 or communicating corridors, closets and storage spaces.
HOUSING INSPECTOR. The person appointed by the Town Manager to carry out the administration and enforcement of this subchapter. Also known as CODE ENFORCEMENT OFFICER.
INFESTATION. The presence, within or around a dwelling, of any insects, rodents or other pests in a number as to constitute a menace to the health, safety or welfare of the occupants or to the public.
MANUFACTURED HOME (MOBILE HOME). A structure as defined in G.S. § 143-145(7).
MULTIPLE DWELLING. Any dwelling containing more than two dwelling units.
OCCUPANT. Any person over one year of age living, sleeping, cooking or eating in, or a resident, dweller or inhabitant, having actual possession of a dwelling unit or rooming unit.
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. The holder of the title in fee simple and every mortgagee of record.
PARTIES IN INTEREST. All individuals, associations and corporation who have interests of record in a dwelling and any who are in possession thereof.
PUBLIC AUTHORITY. Any housing authority or any officer who is in charge of any department or branch of the government of the town, county or state 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 three or more persons who are not husband and wife, son or daughter, mother or father or sister or brother 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, but not for cooking or eating purposes.
RUBBISH. Combustible and noncombustible waste materials except garbage and ashes, and the term shall include but not be limited to paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.
SUPPLIED. Paid for, furnished or provided by, or under the control of, the owner or operator.
(Ord. eff. 6-14-2010)
(A) For the purposes of administering and enforcing the provisions of this subchapter, the Office of Housing Inspector is hereby created.
(B) The Housing Inspector shall be appointed by the Town Manager, and shall have powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this subchapter, including, without limiting the generality of the foregoing, in addition to others herein granted, the following powers:
(1) Investigations. To investigate the dwelling and building conditions in the town in order to determine which dwellings therein are unfit for human habitation and dangerous, being guided in the examination of dwellings and buildings by the requirements set forth in this subchapter;
(2) Oaths, witnesses and the like. To administer oaths and affirmations and to examine witnesses and receive evidence;
(3) Right of entry. To enter upon and within premises and dwellings at all reasonable times for the purpose of making examinations and investigations; provided, that the entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession;
(4) Warrants; citations and the like. To swear criminal warrants, issue civil citations and to take any other actions as may be necessary to carry out the enforcement procedures of this subchapter; and
(5) Delegation of functions and the like. To delegate any of his or her functions and powers under this subchapter to any officers and agents as he or she may designate.
(Ord. eff. 6-14-2010)
Loading...