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Pursuant to G.S. § 160A-441, it is hereby 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 the 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.
(Ord. – § 1, passed 8-27-1990)
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.
DETERIORATION. 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. That 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.
(1) Any building, structure or part thereof which his or her 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.
(2) Temporary housing, as hereinafter defined, shall not be regarded as a DWELLING.
(3) 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.
GENDER. Words having a masculine gender shall include the feminine and neuter genders.
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 a number as to constitute a menace to the health, safety or welfare of the occupants or the public.
INSPECTOR. The Housing Inspector of the town or any authorized agent of the Inspector.
MULTIPLE DWELLING. Any dwelling containing more than 2 dwelling units.
OCCUPANT. Any person, 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;
(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 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.
PERSON. Any individual, corporation, firm, partnership, association or other legal entity.
PLUMBING. Includes 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 other similar supplied fixtures, together with all connections to water, sewer or gas lines.
PUBLIC AUTHORITY. The Town Housing Inspector or any officer who is in charge of any department or branch of the government of the town or of Randolph County or the State of North Carolina 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 or sister 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. Conditions exist in a dwelling, dwelling unit, rooming house or rooming unit which violate or do not comply with 1 or more of the requirements established by this chapter.
WORDS HAVING CERTAIN MEANING. Whenever the word dwelling, dwelling unit, rooming house, rooming unit, premises are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof.”
(Ord. – § 2, passed 8-27-1990)
The following standards shall constitute the minimum standards for structural condition of a dwelling or dwelling unit:
(A) 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;
(B) Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used;
(C) Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged;
(D) Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in a condition that they will not fail or collapse;
(E) Adequate facilities for egress in case of fire or panic shall be provided;
(F) 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 a manner so as to enable the occupants to maintain reasonable privacy between various spaces;
(G) 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;
(H) There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in a condition or location as to constitute a fire hazard; and
(I) There shall be no use of the ground for floors, or wood floors on the ground.
(Ord. – § 4, passed 8-27-1990) Penalty, see § 150.99
(A) Plumbing system.
(1) Each dwelling unit shall be connected to a potable water supply and to a public sewer or other approved sewage disposal system.
(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate 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 meet the standards of the State Plumbing Code and shall be maintained in a state of good repair and in good working order.
(4) All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user.
(B) Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with the following.
(1) Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity to heat all habitable rooms, bathrooms and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of 70°F measured at a point 3 feet above the floor during ordinary winter conditions.
(2) Other heating facilities. Where a central or electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, gas vents or other facilities to which heating appliances may be connected to heat all habitable rooms with a minimum temperature of 70°F measured 3 feet above the floor during ordinary winter conditions.
(C) Electrical system.
(1) Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least 2 floor or wall-type electric convenience receptacles connected in manner as determined by the State Electrical Code. There shall be installed in every bathroom, water closet room, laundry room and furnace room at least 1 supplied ceiling or wall-type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room, then each habitable room shall contain at least 3 floor or wall-type electric convenience receptacles.
(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 being used, and installed in accordance with the State Electrical Code.
(Ord. – § 5, passed 8-27-1990) Penalty, see § 150.99
(A) General.
(1) Every habitable room shall have at least 1 window or skylight facing directly to the outdoors.
(2) The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of the room.
(3) Whenever walls or other portions of structures face a window or any room and light-obstructing structures are located less than 5 feet from the window and extend to a level above that of the ceiling of the room, the window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area.
(4) Whenever the only window in a room is a skylight-type window in the top of the room, the total window area of the skylight shall equal at least 15% of the floor area of the room.
(B) Habitable rooms.
(1) Every habitable room shall have at least 1 window or skylight which can easily be opened, or other device as will adequately ventilate the room.
(2) The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required, or shall have other approved, equivalent ventilation.
(C) Bathroom and water closet rooms. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that no windows or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an approved ventilation system.
(Ord. – § 6, passed 8-27-1990) Penalty, see § 150.99
(A) Room sizes.
(1) Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the State Residential Building Code.
(2) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable area for each of the next 3 occupants, and at least 75 square feet of additional habitable floor area for each additional occupant.
(3) In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by 1 occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than 1 occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.
(B) Ceiling height. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than 7 feet and 6 inches.
(C) Floor area calculation.
(1) Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area within the dwelling unit may count for not more than 10% of the required habitable floor area.
(2) The floor area of any part of any room where the ceiling height is less than 4-1/2 feet shall not be considered as part of the floor area for the purpose of determining maximum permissible occupancy.
(D) Cellar. No cellar shall be used for living purposes.
(E) Basements. No basement shall be used for living purposes unless:
(1) The floor and walls are substantially watertight;
(2) The total window area, total openable window area and ceiling height are equal to those required for habitable rooms; and
(3) The required minimum window area of every habitable room is entirely above the grade adjoining the window area, except where the window or windows face a stairwell, window well or accessway.
(Ord. – § 7, passed 8-27-1990) Penalty, see § 150.99
(A) Exterior foundation, walls and roofs.
(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 would cause to be placed thereon.
(2) Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.
(B) Interior floors walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent-proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon.
(C) Windows and doors. Every window, exterior door, basement or cellar door and hatchway shall be substantially weather-tight, watertight and rodent proof and shall be kept in sound working condition and good repair.
(D) Stairs, porches and appurtenances. Every outside and inside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use would cause to be placed thereon and shall be kept in sound condition and good repair.
(E) Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so that it will be reasonably impervious to water and will permit the floor to be easily kept in a clean and sanitary condition.
(F) Supplied facilities. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.
(G) Drainage. Every yard shall be properly graded in order to obtain thorough drainage and to prevent the accumulation of stagnant water.
(H) Noxious weeds. 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.
(I) Egress. Every dwelling unit shall be provided with adequate means of egress as required by the State Residential Building Code.
(Ord. – § 8, passed 8-27-1990) Penalty, see § 150.99
(A) Screens.
(1) In every dwelling unit, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall be equipped with screens and a self-closing device.
(2) Every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be equipped with screens; provided that dwelling units containing central air conditioning equipment or window-type air conditioning units which will satisfactorily cool and ventilate the dwelling unit are not required to have screens in door and window openings.
(B) Rodent control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be equipped with screens or such other approved device as will effectively prevent their entrance.
(C) Infestation.
(1) Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than 1 dwelling unit shall be responsible for extermination whenever his or her dwelling unit is the only one infested.
(2) Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner.
(3) Whenever infestation exists in 2 or more or the dwelling units in any dwelling or in the shared or public parts of any dwelling containing 2 or more dwelling units, extermination shall be the responsibility of the owner.
(D) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by town ordinances, and the owner, operator or agent in control of a dwelling or dwelling unit shall be responsible for the removal of rubbish.
(E) Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied with approved garbage cans or approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit, or an approved outside garbage can as required by town ordinances.
(Ord. – § 9, passed 8-27-1990) Penalty, see § 150.99
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