Section
General Provisions
96.01 Title; authority; purpose
96.02 Jurisdiction
96.03 Definitions
96.04 Conflict of laws
Administration
96.15 Enforcement by Housing Inspector
96.16 Powers
96.17 Limitation on liability
Standards and Requirements
96.30 Minimum fitness standards for habitation
96.31 Owner and occupant responsibilities
Enforcement Procedure
96.45 Investigation; notice of charges; hearing
96.46 Methods of service of process
96.47 Post hearing order
96.48 Appeal from order
96.49 Remedies for failure to comply with order
96.50 Costs as lien
96.51 Nuisance abatement right preserved
96.52 Violations
96.99 Penalty
Appendix A: Forms
GENERAL PROVISIONS
(A) This chapter shall be known and may be cited as the “Minimum Housing Code of the Town of Landis, North Carolina”.
(Prior Code, § 17-1)
(B) The enactment of this chapter is authorized pursuant to G.S. Chapter 160A, Article 19, Part 6. It is hereby found and declared that there exists in the town dwellings which are unfit for human habitation due to dilapidation or defects, increasing the hazards of fire, accidents and other calamities, lack of ventilation, light and sanitary conditions, and due to other conditions rendering the dwelling unsafe or unsanitary, and dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents of the town.
(C) In order to protect the health, safety and welfare of the residents of the town, it is the purpose of this chapter to establish minimum standards of fitness for the occupancy of all buildings used for human habitation, as expressly authorized by G.S. §§ 160A-441 through 160A-450.
(Prior Code, § 17-2)
(A) This chapter shall govern the administration and enforcement of the minimum housing requirements for any building designed for human habitation lying within the corporate limits of the town and the Partee Road CDBG Target Area, the Partee Road CDBG Target Area is specifically described as follows:
Beginning at a point, the point being the intersection of the Landis corporate limits with the eastern boundary line of Parcel 44-1, Map 130, China Grove Township; thence in a northern direction along the eastern boundary of Parcel 44-1 to point of intercept, the southeast corner of Parcel 203; thence in a northern direction along the eastern boundary of Parcel 203 to point of intercept, the southeast corner of Parcel 43, Map 130-A, China Grove Township; thence in a northern direction along the eastern boundaries of Parcels 43, 42, 41, 40, 39, 38, 36-1, and 37, Map 130A, China Grove Township to point of intercept, the northeast corner of Parcel 37 where it intersects with the southern right of fray line of McNeely Street; thence in a northern direction continuing in a straight line across the right-of-way of McNeely Street, to point of intercept, where the southeastern corner of Parcel 34, Map 130-A, China Grove Township, intersects with the northern right-of-way line of McNeely Street; thence in a northern direction along the eastern boundaries of Parcels 34 and 32 to point of intercept, the point where the northeast corner of Parcel 32 intersects with the southern right-of-way line of Partee Road Ext. (S.R. 1213); thence continuing in a northern direction and in a straight line crossing the right-of-way of Partee Road Ext. (S.R. 1213) to point of intercept, the point where the extended straight line intersects with the southern boundary line of Parcel 31, Map 130, China Grove Township; thence in an eastern direction along the southern boundary of Parcel 31 to point of intercept, the southeast corner of Parcel 31; thence in a northern direction along the eastern boundary of Parcel 31 to point of intercept, the northeast corner of Parcel 31; thence in a northwestern direction along the north boundaries of Parcel 31, 30, 29-1, 29 and 28 to point of intercept, the northwestern most corner of Parcel 28, Map 130, China Grove Township; thence in a southern direction along the western most boundary line of Parcel 28 to point of intercept, the northeast corner of Parcel 8-1, Map 121, China Grove Township; thence in a western direction along the northern boundary of Parcel 8-1 to point of intercept, the northwest boundary of Parcel 8-1; thence in a southern direction along the western boundaries of Parcels 8-1, 9, 9-1, 10, 10-1 to point of intercept, the southwest corner of Parcel 10-1 where it intersects with the northern right-of-way line of an unnamed street; thence in a southern direction extending in a straight line crossing the right-of-way of the unnamed street to point of intercept, the northwest corner of Parcel 164, Map 121, China Grove Township; thence in a southern direction along the western boundary lines of Parcels 164 and 11-1 to point of intercept, the southwest corner of Parcel 11-1; thence in an eastern direction along the northern boundary line of Parcel 160 to point of intercept, the eastern most corner of Parcel 160; thence in a southwestern direction along the southern boundary line of Parcel 160 to point of intercept, the northwest corner of Parcel 10-3, Map 130, China Grove Township; thence in a southeastern direction along the western boundary of Parcel 10-3 to point of intercept, the southwest corner of Parcel 10-3; thence in an eastern direction along the southern boundary line of Parcel 10-3 to point of intercept, the northeast corner of Parcel 9, Map 130, China Grove Township; thence in a southern direction along the eastern boundary line of Parcel 9 to point of intercept, the northern most corner of Parcel 12; thence in a southeastern direction along the eastern boundary line of Parcel 12 to point of intercept, the point where the corporate limits of the town crosses the eastern boundary line of Parcel 12; thence in a northeastern direction along the corporate limits of the town to point of intercept, the point where the corporate limits intersect with the eastern boundary line of Parcel 44-1, Map 130, the point of beginning.
(Prior Code, § 17-3)
(B) The provisions of this chapter shall apply only to vacant dwellings and dwellings as they become vacant which are designed for human habitation, to buildings for which a petition is filed with the Housing Inspector by at least five town residents or by a public authority charging that a dwelling is unfit for human habitation, and requests made by the Board of Alderpersons.
(Prior Code, § 17-4)
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 building 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 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.
CERTIFICATE OF OCCUPANCY. A permit issued by the Director of Inspections or his or her designated agents, certifying that the named dwelling or dwelling unit complies with the minimum requirements of this chapter.
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 replacement 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 at a cost in excess of 50% of its replacement value, 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. The terms DWELLING and DWELLING UNITS shall be interchangeable pursuant to their application in this chapter.
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 or by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the 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 to the public.
INSPECTOR. The Housing Inspector of the town or any agent of the Inspector who is authorized by the Inspector.
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 title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; 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 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.
PLUMBING. 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 County Housing Authority or any officer who is in charge of any department or branch of the government of the town, the county 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.
SKYLIGHT. An overhead window admitting light and/or air.
SUPPLIED. Paid for, furnished, 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.
THIMBLE. The terra cotta material lining the masonry construction of a flue.
UNFIT FOR HUMAN HABITATION. Conditions that 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.
WINDOW. An opening constructed in a wall or roof and functioning to admit light or air to the structure, framed and spanned with glass mounted to permit opening and closing.
(Prior Code, § 17-5)
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