§ 154.02  DEFINITIONS.
   Unless the context clearly indicates otherwise, the following words and phrases as used in this article shall have the following meanings:
   APARTMENT HOUSE. A residential dwelling containing three or more dwelling units where the occupants are primarily permanent in nature. A hotel, motel, or inn shall be considered an APARTMENT HOUSE regardless of the lack of separate cooking facilities if a room or unit is rented for an uninterrupted seven day period to a single tenant.
   BUSINESS AFFILIATE.  A person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, the owner of a probationary residential rental dwelling of any property. Solely for purposes of this definition, the terms "owns," "is owned," and "ownership" mean ownership of an equity interest, or the equivalent thereof, often ten (10) percent or more.
   BOARDING HOUSE. A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.
   CERTIFICATE OF CODE COMPLIANCE. A certificate issued by the Inspection Department that the Dwelling Unit is in compliance with all requirements of Code and is suitable for occupancy.
   CODE. Monroe Code of Ordinances.
   DWELLING. A building that contains one or more dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. Dwellings are buildings intended to serve as residences for one or more families. The term "DWELLING," which refers to the building itself, is defined to distinguish it from the term "dwelling unit," which is a single living unit within a building.
   DWELLING UNIT. A single until providing complete living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
   FAMILY. An individual or two or more individuals as defined in § 153.03 of the Minimum Housing Code and § 156.14 of the Unified Development Ordinance.
   FIFTH DEGREE OF KINSHIP. Collateral kin within five degrees of kinship removed from the owner with the degree of kinship to be computed as provided in G.S. § 104A-1.
   MINIMUM HOUSING CODE. Chapter 153 of the Monroe Code of Ordinances.
   INSPECTIONS DEPARTMENT. The City of Monroe Building Standards Department.
   LICENSED RENTAL AGENCY. A rental agency holding a current privilege license issued by the State of North Carolina pursuant to G.S. § 105-41(a)(8) or (9).
   NOTICE OF VIOLATION. A city issued list of failures to comply with the code at the dwelling included in the notice and sent to the owner(s) as provided by ordinance.
   OWNER. Any person who alone, or jointly, or severally with others:
      (1)   Shall have title to any residential rental property or dwelling unit, with or without accompanying actual possession thereof; or
      (2)   Shall have charge, care or control of any residential rental property or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, 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 article, and of rules and regulations adopted pursuant thereto, to the same extent as if the person were the owner.
   PERSON. Associations, corporations, limited liability companies, company, firm, partnerships, joint ventures, public or private institutions, corporations, trusts, estates, utilities, cooperatives, commissions, boards, condominiums, interstate bodies and bodies politic and corporate as well as to individuals or other legal entities.
   PROBATIONARY RENTAL OCCUPANCY PERMIT.  A permit issued to the owner of a probationary Residential Rental Dwelling pursuant to this article.
   PROBATIONARY RESIDENTIAL RENTAL DWELLING. A dwelling which is the site of:
      (1)   A violation of § 153.15 of the code by re-occupancy of a residential property previously found unsafe; or
      (2)   A violation of Chapter 153 of the Code (Minimum Housing Code) rendering a dwelling unit unfit for human habitation; or
      (3)   Three citations issued for parking violations pursuant to § 72.26 of the code within a twelve (12) month period; or
      (4)   Activities resulting in two violations of the Noise Ordinance - Chapter 92 of the Code within any twelve (12) month period; or
      (5)   Failure to repair, vacate or demolish within the time provided for compliance in an order duly issued by the Inspections Department pursuant to the Minimum Housing Code and/or G.S. § 160A-441, et seq.; or
      (6)   A violation of the occupancy limits set out in this code or § 156.137 of the code by housing more inhabitants than permitted in the Zoning Code or allowed by the Minimum Housing Code; or
      (7)   A violation of the Abandoned and Junk Vehicle Ordinance - Chapter 90 of the Code occurring on any Residential Rental Dwelling; or
      (8)   A second nuisance abatement pursuant to Chapter 93 of the Code within a twelve (12) month period occurring on any Residential Rental Dwelling; or
      (9)   Two or more citations for violation of Chapter 91, the Animal Control Ordinance, within a twelve (12) month period at any Residential Rental Dwelling; or
      (10)   Two or more violation of Chapter 156, the Unified Development Ordinance, within a twelve (12) month period at any Residential Rental Dwelling; or
      (11)   A fourth notice of violation within a twenty-four (24) month period, when the prior notices of violations were resolved by corrective action and without issuance of any order or mandate for corrective action; or
      (12)   Arrest of any occupant for violation of Article 5 of the Chapter 90 (N.C. Controlled Substances Act) of the N.C.G.S. at a Residential Rental Dwelling; or
      (13)   Arrest of any occupant for violation of Article 27 of Chapter 14 (Prostitution) of the N.C.G.S. at a Residential Rental Dwelling; or
      (14)   Arrest of any occupant at a Residential Rental Dwelling for violation of G.S. Chapter 18B (Alcohol Beverage Control Laws).
   PROCESS SERVICE AGENT. An owner or person appointed by the owner to receive all correspondence from the City of Monroe relating to a property once the property is required to have a Probationary Rental Occupancy permit.
   RESIDENTIAL RENTAL DWELLING.  A dwelling unit and associated property rented to a tenant used for residential purposes other than a dwelling unit in a bed and breakfast inn; hotel or motel; guest house; rest home; lodging house; tourist home; property owned by the Monroe Housing Authority, and any otherwise exempted dwelling unit added to the permit program pursuant to a Council duly adopted by ordinance.
   VIOLATION. A determination by a code enforcement official or a judge, after a notice of violation of the code and an opportunity for response to the noticed alleged failures, that an order or other mandate should issue to the owner or any other person imposing a sanction or requiring further actions to comply with the code, including without any limitation the payment of civil penalties or administrative fees, implementation of corrective measures, or cessation of activities which are not authorized by the code, or conviction of a criminal code offense for failure to comply with the code provisions listed in this section.
(Ord. O-2009-24, passed 7-21-09; Am. Ord. O-2012-16, passed 12-4-12)