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The following shall constitute the minimum standards and requirements for buildings and shall be pertinent in determining fitness for human habitation.
(A) Space and use requirements.
(1) Any building, or portion thereof, used for human habitation shall not be less than 350 square feet total floor space.
(2) At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet and six inches.
(3) Floor area shall be calculated on the basis of habitable room area. The floor area of any part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area computing the total area of the room to determine maximum permissible occupancy.
(4) No cellar shall be used for living purposes.
(5) No basement shall be used for living purposes unless:
(a) The floor and walls are substantially watertight; or
(b) The total window area, total openable window area and ceiling height are equal to those required for habitable rooms.
(B) Light and ventilation requirements.
(1) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area for every habitable room shall be 10% of the floor area of the room. Whenever the only window is a skylight-type window in the top of the room, the total window area of the skylight shall be at least 15% of the total floor area of the room.
(2) Every habitable room shall have at least one window or skylight which can easily be opened or the other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 4% of the minimum window area size or minimum skylight-type window size as required, or shall have other approved, equivalent ventilation.
(C) Exit requirements.
(1) There shall be two main exits, each at least 30 inches wide and six feet and eight inches high, easily accessible to the occupants. All exit doors shall be easily operable and remotely located from one another.
(2) There shall be platforms, steps and/or handrails provided and accessible to grade to serve as exits and they shall be maintained in safe condition.
(3) There shall be a safe and unobstructed exit from the interior of the building to the exterior of the building.
(D) Plumbing requirements.
(1) Each dwelling unit shall be connected to a potable water supply and to a public sewer system or other approved sanitary sewer system.
(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and a supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.
(3) All plumbing fixtures shall conform to the standards of the Town Plumbing Code and shall be maintained in a state of good repair and working order.
(4) All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The tub or shower shall be located in a room or rooms affording privacy to the user.
(E) Heating requirements.
(1) Every dwelling unit shall be weatherproof and capable of being adequately heated, and the heating equipment in every dwelling unit shall be in a state of good repair and working order.
(2) Heating system shall be properly installed and maintained in good and safe working conditions and capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in an occupied building to a temperature of at least 70ºF at a distance of three feet above floor level with an outside temperature at 20ºF.
(3) All gas and oil heating equipment shall be listed by Underwriters Laboratories or American Gas Association and installed with the provisions of the Town Heating Code.
(4) Liquid fuel stored on the premises shall be stored in accordance with the provisions of the Town Fire Prevention Code.
(5) There shall be no loose bricks in chimneys.
(6) There shall be no holes in flues.
(7) There shall be no hanging masonry chimneys.
(8) Thimbles shall be grouted in tightly.
(9) Thimbles shall not be broken or cracked.
(10) Thimbles shall be high enough for stovepipe to rise one-fourth inch per foot minimum.
(11) Hearth, where required, shall be at least 16 inches deep and six inches beyond each side of fireplace opening.
(12) No combustible materials shall be within seven inches of the top and seven inches of either side of fireplace opening.
(13) If fireplace opening is closed, it shall be a masonry closure.
(14) Stove shall be within six feet of thimble serving the stove.
(15) No combustible material shall be within 12 inches of stovepipe.
(16) No stovepipe shall be through combustible walls.
(17) In apartment buildings, institutional buildings and rooming houses with central heat, the furnace room shall be enclosed with material having at least a one-hour protection rating.
(F) Electrical requirements.
(1) Every dwelling shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor- or wall-type electric convenience receptacles, connected in the manner prescribed by the Town Electrical Code. There shall be installed in every bathroom, water closet room, laundry room and furnace room at least one electric light fixture.
(2) Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient.
(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of use and installed in accordance with the Town Electrical Code.
(G) Structural requirements.
(1) Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle and shall not be rotted, deteriorated or damaged, and shall not have holes or cracks which might admit rodents.
(2) Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.
(3) Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.
(4) Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in the condition that they will not fall or collapse.
(5) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will by use of reasonable household methods promote sanitation and cleanliness, and shall be maintained in the manner so as to enable the occupants to maintain reasonable privacy between various spaces.
(6) The roof flashings, exterior walls, basement walls, floors and all doors and windows exposed to the weather shall be constructed and maintained so as to be weather and watertight.
(7) There shall be no use of the ground for floors or wood floors on the ground.
(H) Property maintenance.
(1) Every foundation wall, exterior wall and exterior roof shall be substantially weathertight and rodent proof, shall be kept in sound condition and good repair, shall be capable of affording privacy and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or weather.
(2) Every floor, interior wall and ceiling shall be substantially watertight and rodent proof; and shall be kept in sound condition and good repair.
(3) Every window, exterior door, basement or cellar door and hatchway shall be substantially watertight and rodent proof and shall be kept in sound working condition and good repair.
(4) Every outside and inside stair, porch and any appurtenance thereto shall be safe and capable of supporting the load that normal use may place thereon and shall be kept in sound condition and good repair.
(5) Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit the floor to be easily kept in a safe and sanitary condition.
(6) Every yard shall be properly graded so as to maintain thorough drainage and so as to prevent the accumulation of stagnant water.
(7) Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to health.
(8) In every dwelling unit windows and doors opening to the outdoors shall have screens and shall be properly maintained.
(9) Grounds and buildings shall be maintained free of infestation of rodents and/or insects.
(10) There shall be adequate sanitary facilities and methods provided and used for the storage, handling and disposal of garbage and rubbish. These methods and facilities shall comply with all sanitary and public health requirements of the town and the County Health Department.
(Prior Code, § 17-10)
(A) Every occupant of a dwelling unit or an apartment shall:
(1) Keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof in which he or she occupies and controls;
(2) Dispose of all his or her rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities;
(3) Keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of same; and
(4) Not willfully destroy, deface or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.
(Prior Code, § 17-11)
(B) An owner remains liable for violations of this subchapter even though:
(1) An obligation is also imposed on the occupants; and
(2) The owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this chapter.
(C) An owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
(Prior Code, § 17-12)
(D) For the purpose of making inspections, the Housing Inspector is authorized to enter, examine and survey at reasonable times all dwellings, dwelling units, rooming houses and premises. The owner or occupant of every dwelling, or rooming unit, or person responsible shall give the Inspector free access to the dwelling, or rooming unit, and its premises at reasonable times for the aforementioned purposes. Every occupant of a dwelling shall give the owner thereof, or his or her agent or employee, access to any part of the dwelling, and its premises, at reasonable times for the purpose of making the repairs or alterations as necessary to effect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of this chapter.
(Prior Code, § 17-15)
ENFORCEMENT PROCEDURE
Whenever a petition is filed with the Inspector by a public authority or by at least five residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties in interest in the dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint. The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the dwelling. Any person desiring to do so may attend the hearing and give evidence relevant in courts of law or equity shall not be controlling in hearings before the Inspector.
(Prior Code, § 17-16.1)
Complaints or orders issued by the Inspector shall be served upon persons either personally or by registered or certified mail. If the whereabouts of the persons are unknown and the same cannot be ascertained by the Inspector in the exercise of reasonable diligence, the Inspector shall make an affidavit to that effect, and the serving of the complaint or order upon the person may be made by publishing the same at least once no later than the time at which personal service would be required under the provisions of this chapter in a newspaper having general circulation in the town. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.
(Prior Code, § 17-17)
After the notice and hearing, the Inspector shall state, in writing, his or her determination whether the dwelling or dwelling unit is unfit for human habitation and, if so, whether it is deteriorated or dilapidated.
(A) If the Inspector determines that the dwelling or dwelling unit is deteriorated, he or she shall state, in writing, his or her findings of fact in support of the determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter or improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter within a specified period of time, not to exceed 90 days. The order may also direct and require the owner to vacate and close the dwelling or dwelling unit until these repairs, alterations and improvements have been made.
(B) If the Inspector determines that the dwelling is dilapidated, he or she shall state in writing his or her findings of fact to support the determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner either to repair, alter or improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or else to vacate and remove or demolish the same within a specified period of time not to exceed 90 days.
(Prior Code, § 17-16.2)
(A) Inspector.
(1) An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby. Any appeal from the Inspector shall be taken within ten days from the rendering of the decision or service of the order and shall be taken by filing with the Inspector and with the Zoning Board of Adjustment a notice of appeal, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When an appeal is from a decision of the Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Board, after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his or her requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except for due cause shown upon not less than one day’s written notice to the Inspector, by the Board, or by a court of record upon petition made pursuant to G.S. § 160A-446(f) and division (B) of this section.
(2) The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as, in its opinion, ought to be made in the matter and, to that end, it shall have all the powers of the Inspector, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Inspector. The Board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the chapter, to adapt the application of the chapter to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
(3) Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(Prior Code, 17-16.4)
(B) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Inspector or a decision rendered by the Board shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the Superior Court for a temporary injunction restraining the Inspector pending a final disposition of the cause, as provided by G.S. § 160A-446(f).
(Prior Code, § 17-16.5)
(C) Zoning Board of Adjustment to hear appeals.
(1) All, appeals which may be taken from decisions or orders of the Inspector pursuant to this section shall be heard and determined by the Zoning Board of Adjustment. As the appeals body, the Board shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties. The Board shall perform the duties prescribed by § 96.48 and shall keep an accurate journal of all its proceedings.
(2) If the Zoning Board of Adjustment consists of more than five members, the chairperson shall designate five members to hear appeals under this subchapter.
(Prior Code, § 17-21)
(A) If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Inspector to repair, alter or improve or to vacate and close the same within the time specified therein, or if the owner of a dilapidated dwelling or dwelling unit shall fail, to comply with an order of the Inspector to repair, alter or improve or to vacate and close and remove or demolish the same within the time specified therein, the inspector shall submit to the Board of Alderpersons at its next regular meeting a resolution directing the Town Attorney to petition the superior court for an order directing the owner to comply with the order of the Inspector, as authorized by G.S. § 160A-446(g).
(B) After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to comply with an order of the Inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (A) above, the Inspector shall submit to the Board of Alderpersons an ordinance ordering the Inspector to cause such dwelling or dwelling unit to be repaired, altered, improved, vacated, closed, removed or demolished, as provided in the original order of the Inspector, and pending removal or demolition, to place a placard on the dwelling as provided by G.S. § 160A-443 and this section.
(Prior Code, § 17-16.3)
(C) After failure of an owner of a dwelling or dwelling unit to comply with an order of the Inspector issued pursuant to the provisions of this chapter, and upon adoption by the Board of Alderpersons of an ordinance authorizing and directing him or her to do so, as provided by G.S. § 160A-443(5) and this section, the Inspector shall proceed to cause the dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this chapter, or to be vacated and closed and removed or demolished, as directed by the ordinance of the Board of Alderpersons, and shall cause to be posted on the main entrance of such dwelling or dwelling unit a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” Occupation of a building so posted shall constitute a misdemeanor.
(D) Each ordinance shall be recorded in the office of the Register of Deeds in the county wherein the property is located, and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. § 160A-443(5).
(Prior Code, § 17-18)
As provided by G.S. § 160A-443(6), the cost of any repairs, alterations or improvements, or of vacating and closing, or removal or demolition, caused to be made or done by the Inspector pursuant to § 96.49 of this chapter shall be a lien against the real property upon which the cost was incurred. The lien shall be filed, having priority, and be collected in the same manner as the lien for special assessments established by G.S. Chapter 160A, Article 10.
(Prior Code, § 17-19)
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