(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED STRUCTURE. Any structure, other than a dwelling, dwelling unit, habitable room, multiple dwelling, rooming unit or roominghouse, which is a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children or frequent use by vagrants as living quarters in the absence of sanitary facilities, and which cannot be repaired, altered or improved so as to no longer constitute health or safety hazard at a cost of less than 50% of its value.
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 inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
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 value, as determined by findings 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 not in excess of 50% of its value as determined by the finding of the Inspector.
DWELLING. As defined by G.S. § 160D-102(15).
DWELLING UNIT. Any room or group of rooms located within a dwelling, manufactured home or mobile home 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 eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; 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 a number as to constitute a menace to the health, safety or welfare of the occupants or to the public.
INSPECTOR. The Inspector of the town appointed to administer this chapter and shall include any agent of the Inspector who is authorized by the Inspector.
MODULAR HOME. A factory-built structure that is designed to be used as a dwelling, is manufactured in accordance with the specifications for modular homes under the state’s Residential Building Code and bears a seal or label as provided in G.S. § 143-139.1.
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 a part thereof, in which dwelling units or rooming units are let.
OWNER. Any person who alone or jointly or severally with others:
(a) Has title to any dwelling, dwelling unit or abandoned structure, with or without accompanying actual possession thereof; or
(b) Has charge, care or control of any dwelling, dwelling unit or abandoned structure, as owner, or as executor, administrator, 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 the rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.
PARTIES IN INTEREST. All individuals, associations and corporations who have interests of record in a dwelling and any who are in possession thereof.
PLUMBING. Includes 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, catchbasin, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
PUBLIC AUTHORITY. The Board of Commissioners or any officer who is in charge of any department or branch of the government of the town health, fire, building regulations or other activities concerning dwellings or abandoned structures in the town.
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.
ROOMINGHOUSE. 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, wife, son or daughter, mother, father, sister or brother of the owner or operator.
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.
SUBSTANDARD DWELLING OR STRUCTURE. A dwelling, dwelling unit, multiple dwellings, apartment house or any other space used or intended to be used as a habitable living space in any building or structure which does not meet the basic minimum requirements of this chapter for that use.
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 utility system on the same premises for more than 30 consecutive days.
UNFIT FOR HUMAN HABITATION. Conditions 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.
(B) Whenever the words dwelling, dwelling unit, rooming use, rooming unit, premises and abandoned structure are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof.”
(Ord. passed 7-12-2004; Ord. 21, passed - -)
Statutory reference:
Minimum housing standards, see G.S. §§ 160D-1201 et seq.