The following definitions shall apply in the interpretation and enforcement of this chapter.
Basement shall mean 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.
Board shall mean the board of adjustment.
Cellar shall mean a portion of a building located partly or wholly underground having a limited access to light and air from windows located partly or wholly below the level of the adjoining ground.
Deteriorated shall mean that 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 article, at a cost not in excess of 50 percent of its value, as determined by finding of the Inspector.
Dilapidated shall mean that 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 percent of its value, as determined by finding of the Inspector.
Dwelling shall mean 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 shall mean 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 shall mean 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 shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Habitable room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding a bathroom, laundry room, heater room, foyer or hallway, closet and storage space.
Human Habitation shall mean a place designed and constructed in accordance with state and local building codes for the intent of person(s) to dwell or reside.
Building Inspector shall mean an authorized agent of the City of Marion with the power and authority to interpret and enforce the provisions of the City of Marion development regulations and the North Carolina Building Code.
Infestation shall mean 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.
Meaning of certain words. 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 hereof."
Multiple dwelling shall mean any dwelling containing more than two dwelling units.
Occupant shall mean 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 shall mean any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are let.
Owner shall mean any person who alone, or jointly, or severally with others:
A. Shall have title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
B. Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, trustee or guardian of the estate of the 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 to the provisions of this chapter to the same extent as if he were the owner.
Plumbing shall mean and include all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), waste 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 a water, sewer or gas line.
Public authority shall mean the Building Inspector.
Room (bedroom) shall mean any room or group of rooms in a dwelling forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Rooming house shall mean 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 occupants who are not spouse, child, parent, or sibling of the owner or operator.
Supplied shall mean paid for, furnished, or provided by, or under the control of, the owner or operator.
Temporary housing shall mean 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.
Trash (Rubbish) shall mean 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.
Unfit for human habitation shall mean that 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.
(Ord. No. O-21-06-15-5, §1, 6-15-21)