General Provisions
151.001 Findings and purpose
151.002 Definitions
151.003 Responsibilities of owners and occupants
Minimum Standards for Dwellings and Dwelling Units
151.020 Compliance required
151.021 Structural conditions
151.022 Basic equipment and facilities
151.023 Ventilation
151.024 Space, use, and location
151.025 Safe and sanitary maintenance
151.026 Control of insects, rodents, and infestations
Minimum Standards for Rooming Houses
151.040 Application of regulations
151.041 Water closet, lavatory, and bath facilities
151.042 Minimum floor area
151.043 Sanitary conditions
Administration and Enforcement
151.060 Duties and powers of the Building Inspector
151.061 Inspections; rights of entry
151.062 Enforcement
GENERAL PROVISIONS
(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 other conditions rendering dwellings unsafe or unsanitary, 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. §§ 160A-441 through 160A-450, it is the purpose of this chapter 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.
(Ord. 11-9, passed 9-12-2011)
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
DETERIORATED. 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 Inspector.
DILAPIDATED. 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 except at a cost in excess of 50% of its value, as determined by finding of the Inspector.
DWELLING. Any building, structure, 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. "Temporary housing", as hereinafter defined, shall not be regarded as a DWELLING. The term 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 organic 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.
INSPECTOR. The county Building Inspector from the county with jurisdiction (Johnston or Wilson) serving as a representative of the town or any authorized agent of the INSPECTOR.
MULTIPLE DWELLING. Any dwelling containing more than 2 dwelling units.
OCCUPANT. Any person over 1 year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling, 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, jointly, or severally with others:
(1) Shall have title to any dwelling, dwelling unit, or rooming unit, with or without accompanying actual possession thereof; or
(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 chapter, 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 persons who have interests of record in a dwelling, dwelling unit, or rooming unit and any persons who are in possession thereof.
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 clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.
PUBLIC AUTHORITY. The town housing authority or officer who is in charge of the department or branch of the government of the town or of the 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 1 or more rooming units, in which space is let by the owner or operator to 3 or more persons who are not husband or wife, son or daughter, mother or father, 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. Non-organic waste materials. The term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, 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. A dwelling which is UNFIT FOR HUMAN HABITATION is a dwelling in which 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 1 or more of the requirements established by this chapter.
(B) Whenever the 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."
(Ord. 11-9, passed 9-12-2011)
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