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(A) An owner remains liable for duties imposed by this article even though:
(1) An obligation is also imposed on the occupants; or
(2) The owner has, by agreement, imposed on the occupant(s) the duty of furnishing required equipment or complying with this article.
(B) Public areas. Every 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 area of the dwelling and premises thereof.
(C) In all cases, the owner shall be responsible for the availability of rubbish and garbage storage facilities.
(D) It shall be a defense to §§ 5-4.21 et seq. that violations of this article were caused solely by a tenant(s) or tenants' guests. Owners are responsible for ensuring that the dwelling or building is brought into compliance with this article.
(Adopted 11-2-2021)
Every occupant of a dwelling unit shall:
(A) Cleanliness. Keep that part of his or her dwelling and dwelling unit and premises thereof which he or she occupies and controls in a clean and sanitary condition;
(B) Rubbish and garbage. Dispose of all his or her rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities;
(C) Supplied plumbing fixtures. Keep all supplied plumbing fixtures therein in a sanitary condition and be responsible for the exercise of reasonable care in the proper use and operation of same;
(D) Care of facilities, equipment and structure. Not destroy, deface, or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.
(Adopted 11-2-2021)
(A) Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation shall comply with all of the minimum standards of fitness for human habitation and all other applicable requirements of this article.
(B) No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all other applicable requirements of this article.
(C) The following standards shall constitute the minimum standards for structural condition of a dwelling or dwelling unit. The inspector will determine that a residential building is unfit for human habitation if any of the following conditions exist:
(1) Walls or partitions or supporting members, sills, joists, rafters, or other structural members list, lean or buckle, and/or are rotten, deteriorated, or damaged, and/or have holes or cracks which might admit rodents. Supporting members are not adequate if 33% or more are damaged or deteriorated. Non-supporting, enclosing or outside walls or coverings are not adequate if 55% or more are damaged or deteriorated;
(2) Floors or roofs have inadequate supporting members and strength to be reasonably safe for the purpose used. Supporting members are not adequate if 33% or more are damaged or deteriorated. Non-supporting, enclosing or outside walls or covering are not adequate if 55% or more are damaged or deteriorated;
(3) Foundations, foundation walls, piers or other foundation supports are deteriorated or damaged;
(4) Steps, stairs, landings, porches, or other parts and appurtenances are maintained in such condition that they will fail or collapse;
(5) Adequate facilities for egress in case of fire or panic are not provided;
(6) Interior walls and ceilings of all rooms, closets, and hallways are not furnished of suitable materials, which will by use of reasonable household methods promote sanitation and cleanliness, and are not maintained in such manner so as to enable the occupants to maintain reasonable privacy between various spaces;
(7) The roof, flashing, exterior walls, floors, and all doors and windows exposed to the weather are not constructed and maintained so as to be weather and watertight;
(8) Chimneys or parts thereof are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard;
(9) The ground is used for floors, or wood floors are on the ground.
(D) Irrespective of subsection (A) above, the enforcing agent shall find residential dwelling units to be unfit for human habitation if a dwelling unit contains more than five separate types of violations of any of the minimum standards set forth in this article.
(Adopted 11-2-2021)
(A) Every structure within the town's jurisdiction shall be deemed in violation of this article whenever such structure constitutes a hazard to the health, safety or welfare of the town citizens. The enforcing agent may declare a non-residential structure or building to be unsafe as a result of:
(1) Vacancy or abandonment;
(2) Dilapidated conditions causing or contributing to blight, disease and/or safety hazards;
(3) The attraction of insects, rodents and/or snakes including the collection of garbage or rubbish in or near the structure which might attract rodents, snakes and/or insects or become breeding places for rodents, snakes and/or insects;
(4) Conditions creating a fire hazard;
(5) Dangerous conditions constituting a threat to children, such as the use of such structure or nearby grounds or facilities by children as a play area, or violations of the State Building Code which might result in danger to children using the structure or facilities as a play area;
(6) Repeated use of such structure in the absence of sanitary facilities, for living, sleeping, cooking or eating;
(7) In violation of the State Building Code, or the State Electrical Code or the Fire Prevention Code which constitutes a fire hazard in such structure, or the International Property Management Code as adopted by the town in § 5-4.40.
(8) Violation of the standards established by the town in this article.
(B) It is the policy of the Board of Commissioners to encourage property owners to secure unoccupied buildings from entry temporarily, until the building may be repaired or demolished. It shall be no defense to the enforcement of this article that an unoccupied building has been secured from entry by boarding up the doors, windows or other entry points. If a building remains unoccupied and boarded up for a period of more than one year, it shall be taken as evidence that the owner(s) have abandoned the intent and purpose to repair, alter or improve the building.
(Adopted 11-2-2021)
(A) If any order issued and served in accordance with this article requires that a dwelling or dwelling unit be closed and vacated and said order is not complied with within the time specified therein, it shall be unlawful for any person that had knowledge of the issuance of the order to occupy any portion of the building under order for any purpose.
(B) When the enforcing agent finds that a building is unfit for human habitation within the meaning of this article and has notified the owner to such effect and the time limit set by the inspector for the correction of defects and vacating same has expired, it shall be unlawful for any person (including, but not limited to, owner or owner's agent) to receive rentals, offer for rent, or occupy said building/dwelling unit for any purpose.
(Adopted 11-2-2021)
(A) The following definitions shall apply in the interpretation and enforcement of this article.
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 adequate access to light and air from windows located partly or wholly below of the adjoining ground.
DETERIORATED. That a dwelling may be 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% of its value, as determined by the inspector.
DILAPIDATED. That a dwelling is unfit for human habitation and cannot be improved, repaired, or altered to comply with all of the minimum standards established by this article except at a cost in excess of 50% of its value, as determined by the inspector.
DWELLING. Any building, structure, manufactured home or mobile home or part thereof which is 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, except that it does not include any manufactured home of health care home which is used solely for a seasonal vacation purpose. Temporary housing, except for temporary family health care structures as defined below, shall not be regarded as a DWELLING. The term DWELLING 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 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 bathroom, water closet compartments, laundries, heater rooms, foyers, or communication corridors, closets and storage spaces.
INFESTATION. The presence, within or around a dwelling, or 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.
INSPECTOR. The Mocksville Town Manager or his or her designee or agent. INSPECTOR shall be synonymous with "public officer," as that term is used in G.S. Ch. 160D, Art. 12.
MULTIPLE DWELLINGS. Any dwelling containing more than two dwelling units.
OCCUPANCY. 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: (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, 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 article 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 individuals, associations and corporations who have interests of record in a non-residential building or structure, 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. Includes 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 washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
PUBLIC OFFICER. The officers or officer who are authorized by this article to exercise the powers prescribed by this article and G.S. Ch. 160D, Art. 12. See the definition of INSPECTOR above.
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 four or more persons who are not husband and wife, son or daughter, mother or father, or sister 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 or sleeping but not for cooking or eating purposes.
RUBBISH. Non-food waste materials. The term shall include items such as: paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral, glass and dust.
SUPPLIED. Paid for, furnished, or provided by, or under the control of, the owner or operator.
TEMPORARY FAMILY HEALTH CARE STRUCTURE. A transportable residential structure as authorized by G.S. § 160D-915, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that is (i) primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the State Building Code and G.S. § 143-139.1(b). These structures are deemed to be permitted accessory structures by state law.
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 on the same premises for more than 30 consecutive days.
UNFIT FOR HUMAN HABITATION. That conditions exist in a dwelling, dwelling unit, rooming house, or rooming 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 article.
VACANT INDUSTRIAL WAREHOUSE. Any building or structure designed for the storage of goods or equipment in connection with manufacturing processes, which has not been used for that purpose for at least one year and has not been converted to another use.
VACANT MANUFACTURING FACILITY. Any building or structure previously used for the lawful production or manufacturing of goods, which has not been used for that purpose for at least one year and has not been converted to another use.
(B) Words having a masculine gender shall include the feminine and neuter gender.
(C) Words having certain meaning shall mean whenever the words DWELLING, DWELLING UNIT, ROOMING HOUSE, ROOMING UNIT, or PREMISES are used in this article, they shall be construed as though they were followed by the words "or any part thereof."
(Adopted 11-2-2021)
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