Unless the context clearly indicates otherwise, the following words and phrases, whether or not capitalized, as used in this chapter shall have the following meanings:
BOA. The Board of Adjustment for the Town of Knightdale.
Bona fide new owner. Any person to whom record title has been transferred by recorded instrument and who is not a prior owner, is not related by marriage or within the fifth degree of kinship to the seller, is not a business affiliate of the prior owner, and is not a tenant of the dwelling.
Business affiliate. A person who directly or indirectly controls, is controlled by, or is under common control with, the owner of a probationary residential rental dwelling of any property as defined herein. Solely for purposes of this definition, the terms "owns," "is owned," and "ownership" mean ownership of an equity interest, or the equivalent thereof, of at least ten (10) percent.
Department. Any department identified shall be a department of the Town of Knightdale.
Dwelling. A building or other improvement used for residential purposes other than a unit in a bed and breakfast inn; hotel or motel; guest house; rest home or other medical facility; rooming house, boarding house, lodging house; tourist home; or an apartment building or apartment complex with more than twenty (20) dwelling units; and any otherwise exempted dwelling unit added to the permit program pursuant to a Council adopted ordinance.
Dwelling unit. One (1) or more rooms physically arranged as to create an independent housekeeping establishment with separate facilities for cooking, sleeping, and toilet.
Fifth degree of kinship. Collateral kin within five (5) degrees of kinship removed from the owner with the degree of kinship to be computed as provided in G.S. 104A-1.
Licensed rental agency. A rental agency holding a current privilege license issued by the State of North Carolina pursuant to G.S. 105-41(a)(8) or (9).
Notice of violation. A Town-issued list of failures to comply with the Town Code at the dwelling included in any notice sent to the owner(s).
Owner. Any person who alone, jointly or severally with others shall have legal title in fee simple to a building (with or without accompanying actual possession thereof) or any person in charge, care or control of any building, as owner or agent of the owners, or as executor, administrator, trustee or guardian of the estate of the owner. Any such person 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 such person were the owner.
Person. Associations, corporations, limited liability companies, company, firm, partnerships, joint ventures, public or private institutions, corporations, trusts, estates, utilities, cooperatives, commissions, boards, condominiums, interstate bodies and bodies politic, individuals, and other legal entities.
Rental occupancy permit or permit or permitting. A permit issued to the owner of a residential rental dwelling pursuant to this chapter or the issuance thereof.
Residential rental dwelling or RRD. Any dwelling unit that satisfies the requirements of this chapter for "required permitting" or for "discretionary permitting."
Town Code or Code. Any Town ordinance or code provision.
Verified violation. The aggregate of all violations of housing ordinances or codes found in an individual rental unit of residential real property during a seventy-two-(72) hour period. Any violations that have not been corrected by the owner or manager within twenty-one (21) days of receipt of written notice from the Town of the violations. Should the same violation occur more than two (2) times in a twelve-(12) month period, the owner or manager may not have the option of correcting the violation. If the Housing Ordinance or Code provides that any form of prohibited tenant behavior constitutes a violation by the owner or manager of the rental property, it shall be deemed a correction of the tenant-related violation if the owner or manager, within thirty (30) days of receipt of written notice of the tenant-related violations, begins a summary ejectment action to have the tenant evicted.
(Ord. No. 08-04-07-001, § 2, 4-7-08; Ord. No. 14-02-19-002, § 3, 2-19-14; Ord. No. 17-02-06-002, § 1, 2-6-17; Ord. No. 24-11-20-001, 11-20-24)