Section
General Provisions
151.01 Finding; purpose
151.02 Definitions
151.03 Responsibilities of owners and occupants
Minimum Standards for Dwelling and Dwelling Unit
151.15 Compliance required
151.16 Structural conditions
151.17 Basic equipment and facilities
151.18 Ventilation
151.19 Space, use and location
151.20 Safe and sanitary maintenance
151.21 Control of insects, rodents and infestations
Minimum Standards for Rooming Houses
151.35 Application of regulations
151.36 Water closet, hand lavatory and bath facilities
151.37 Minimum floor area
151.38 Sanitary conditions and facilities
Administration and Enforcement
151.50 Powers and duties of Building Inspector
151.51 Right of entry of Building Inspector
151.52 Enforcement procedure
151.53 Methods of service of complaints and orders
151.54 In rem action by Inspector; placarding
151.55 Costs a lien on premises
151.56 Alternative remedies
151.57 Zoning Board of Adjustment to hear appeals
151.58 Other provisions
151.59 Violations
151.99 Penalty
GENERAL PROVISIONS
(A) 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 such 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.
(B) In order to protect the health, safety and welfare of the residents of the town as authorized by G.S. Ch. 160A, Art. 19, Part 6, it is the purpose of this chapter to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. § 160A-444.
(1991 Code, § 152.01) (Ord. passed 10-11-1988)
(A) 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.
BUILDING INSPECTOR. The Building Inspector of the town or any Building Inspector for whose services the town has contracted or any authorized agent of the Inspector.
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.
DETERIORATED. A dwelling that 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. A dwelling that 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. Any building, structure, manufactured home or mobile home or part thereof, used and occupied for human habitation or intended to be so used, and including any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured or mobile home as defined in G.S. § 143-145(7), which is used solely for a seasonal vacation purpose. 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.
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 the public.
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, 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:
(a) Shall have title to any dwelling, dwelling unit or rooming unit, with or without accompanying actual possession thereof;
(b) Shall be a mortgagee of record for any dwelling, dwelling unit or rooming unit; or
(c) 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 such 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, organization or other legal entity.
PLUMBING. All of the following supplied facilities and equipment: gas pipe, 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 any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
PUBLIC AUTHORITY. Any housing authority or any officer who is in charge of any department or branch of the government of the town or of 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 or wife, son or daughter, mother or father, 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. Nonorganic 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.
UNFIT FOR HUMAN HABITATION. That conditions exist in a dwelling, dwelling unit, rooming house or room unit 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.
(B) Whenever the words 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.
(1991 Code, § 152.02) (Ord. passed 10-11-1988)
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