For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDINGS. A building the use of which is incidental to that of the main building and which is located on the same lot or on a contiguous lot, also known as an APPURTENANCE.
ACCESSORY STRUCTURES. Any structure not roofed over and enclosed that is not considered an accessory building located on one- and two- family dwelling sites. Examples of ACCESSORY STRUCTURES are decks, retaining walls, gazebos, fences, carports, arbors, barbecue pits and the like.
BASEMENT. That portion of a building that is partly or completely below grade having a clear ceiling height of at least six feet-eight inches from finished floor, the floor level of which is below finished grade but not less than four feet below the average finished ground level for more than 50% of the total building perimeter, having floor and walls of approved construction.
BUILDING INSPECTOR. A Building Inspector of the town who shall have competent knowledge of building construction and shall be a sworn officer of the town. The BUILDING INSPECTOR must hold either the North Carolina Code Officials Qualification Council Probationary Building Level 1 Certificate or a Building Inspector Level 1 Standard Certificate.
CELLAR. A portion of a building 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.
DEMOLISH. The demolition and removal of the entire building leaving the property free and clear of all debris and without holes or pockets which may retain water.
DETERIORATED. Shall mean that a dwelling 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 Building Inspector.
DILAPIDATED. Shall mean that a dwelling is unfit for human habitation and cannot 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 Inspector.
DWELLING. Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a DWELLING.
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 Building 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.
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.
MEANING OF CERTAIN WORDS. Whenever 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."
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 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. Any person who alone or jointly, or severally with others:
(1) Shall have fee simple title to any dwelling or dwelling unit and owner and holder of a deed of trust therein, of record; with or without accompanying actual possession of that dwelling or dwelling unit; or
(2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual OWNER shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the OWNER.
PARTIES IN INTEREST. All individuals, associations and corporations who have interests of record in a dwelling and any who are in possession thereof.
PLUMBING. Includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinder), waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basin, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
PUBLIC AUTHORITY. The Town Council or any officer who is in charge of any department or branch of the government of the town or the 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 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.
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.
UNFIT FOR HUMAN HABITATION. Shall mean that conditions exist in a dwelling 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 chapter.
(Ord. passed 10-10-11)