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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)
In the event any provision, standard or requirement of this chapter is found to be in conflict with any provision of any other ordinance or code of the town, the provisions which established the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the town shall prevail.
(Prior Code, § 17-22)
ADMINISTRATION
The Director of Public Works is hereby designated the public officer to exercise, by and through his or her duly appointed agents, the duties and powers of this chapter and shall hold the title of Housing Inspector. The Rowan County Code Enforcement Department hereby has authority to make inspections.
(Prior Code, § 17-6)
(A) The Inspector shall have authority to request advice and assistance of any public authority he or she may deem appropriate concerning condition and location of substandard housing.
(Prior Code, § 17-7)
(B) The Inspector may determine that buildings are substandard and unfit for human habitation if he or she finds, on the basis of the standards and requirements set forth in this chapter, that conditions exist in the buildings which are dangerous to the health, safety or welfare of occupants of the buildings, the occupants of neighboring buildings or other residents of the town.
(Prior Code, § 17-8)
(C) It shall be the duty of the Housing Inspector to examine dwellings and buildings within the jurisdiction and authority of this chapter.
(Prior Code, § 17-13)
(D) The Housing Inspector is authorized to exercise the powers as may be necessary to effectuate the purposes and provisions of this chapter, including the following powers in addition to others also granted:
(1) To investigate the dwelling conditions, and to inspect dwellings and dwelling units located in the town in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose, of carrying out the objectives of this chapter with respect to the repair, closing or demolition of the dwellings and dwelling units;
(2) To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;
(3) To keep a record of the results of inspections made under this chapter and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed;
(4) To administer oaths and affirmations, examine witnesses and receive evidence;
(5) To enter upon premises for the purpose of making examinations and inspections; provided, the entries shall be made in accordance with this division (D) and state law, and shall be made in a manner as to cause the least possible inconvenience to the persons in possession;
(6) To appoint and fix the duties of the officers, agents and employees as he or she deems necessary to assist in carrying out the purposes of this chapter, and to delegate any of his or her functions and powers to the officers, agents and employees; and
(7) To perform the other duties as may be prescribed herein or by the Board of Alderpersons.
(Prior Code, § 17-14)
Except as may otherwise be provided by statute or local ordinance, no officer, agent or employee of the town charged with the enforcement of the minimum housing ordinance shall be personally liable for any damage that may accrue to property or persons as a result of any act required or permitted in the discharge of his or her duties under this chapter. No person who institutes, or assists in the prosecution of, a criminal proceeding under this chapter shall be liable to damages hereunder unless he or she acted with malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act or omission.
(Prior Code, § 17-9)
STANDARDS AND REQUIREMENTS
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