§ 153.03  DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning in the interpretation and enforcement of this chapter.
   ABANDONED STRUCTURE.  Any structure, whether designed and intended for residential or other uses, which is vacant or not in active use, regardless of purpose or reason, for the past two-year period and which is determined by the Code Enforcement Officer to be unfit for human habitation or occupancy based upon the standards as set forth in this chapter.
   ALTERATION.  As applied to a building or structure, shall mean a change or rearrangement in the structural parts or in the existing facilities; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another; and the term “alter” in its various moods and tenses and its participle, refer to the making of an alteration.
   ACCESSORY BUILDING.  A building or structure the use of which is incidental to that of the main building or structure, and which is located on the same lot or on a contiguous lot.
   APARTMENT.  A room or suite of rooms occupied, or which is intended or designed to be occupied as the home or residence of one (1) individual, family or household for housekeeping purposes.
   APPROVED.  As applied to a material, device or  mode of construction, shall mean approved by the Code Enforcement Officer under the provisions of this code, or by other authority designated by law to give approval in the matter in question.
   AREA:
      (1)   As applied to the dimension, shall mean the maximum horizontal projected area of the building.
      (2)   As applied to the dimensions of a room, shall mean the total square footage of floor area between finished walls.
   BASEMENT.  A portion of a building which is  located partly underground, having access to light and air from windows located above the level of the adjoining ground.
   BUILDING.  Any structure built for the support, shelter or enclosure of persons which has enclosed walls for fifty (50) percent of its perimeter. The term “building” shall be construed as if followed by the words “or part thereof.”
   CELLAR.  A portion of a building 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.
   CLOSE.  To secure the building so that unauthorized persons cannot gain entrance to the building.
   CODE ENFORCEMENT OFFICER.  The person who has been designated, in writing, by the City Manager or is otherwise authorized by ordinances adopted hereunder to administer and enforce the provisions of this chapter.
   DEMOLISH.  The demolition and removal of the entire building leaving the property free and clear of any debris and without holes or pockets which may retain water.
   DETERIORATED.  A dwelling that is unsafe or unfit for human habitation and can be repaired, altered or improved to comply with all of the minimum standards of fitness established by this chapter  at a cost not in excess of fifty percent (50%) of its physical value, as determined by finding of the Code Enforcement Officer.
   DILAPIDATED.  A dwelling that is unsafe or unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards of fitness established by this chapter at a cost not in excess of fifty percent (50%) of its physical value, as determined by a finding of the Code Enforcement Officer.
   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 includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured home or mobile home which is used solely for a seasonal vacation purpose.
   DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit for one family with facilities which are used or intended to be used for living, sleeping, bathroom, cooking or 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 Code Enforcement Officer.
   FAMILY.
      (1)   An individual or two (2) or more natural persons related by blood to the third degree lineally or the fourth degree collaterally, by marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit; or a group of not more than two (2) natural persons not related to the other by blood to the third degree lineally, or by marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit; or a group of not more than four (4) natural persons none of whom are related to the other by blood to the third degree lineally or the fourth degree collaterally, by marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit. All degrees of kinship are computed as provided in North Carolina General Statute § 104A-1.
      (2)   The following are not included in the determination of occupancy limits defined above:
         (a)   Five or fewer foster children placed in a family foster home licensed by the State of North Carolina.
         (b)   A bona fide live-in health care provider providing medical and personal care services to a resident.
         (c)   A live-in nanny providing child care services to a resident child.
   GARBAGE.  The animal and vegetable waste or by-product resulting from the handling, preparation, cooking and consumption of food or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay, may serve as breeding or feeding materials for flies, insects or animals.
   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 to the public.
   MANUFACTURED HOME OR MOBILE HOME.  A structure as defined in G.S. Section 143-145(7).
   MULTIPLE DWELLING.  Any dwelling containing two (2) or more 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 part thereof, in which dwelling units or rooming units are let.
   OWNER.  Any person who alone, or jointly and severally with others:
      (1)   Shall be the holder of the title in fee simple and every mortgagee of record to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
      (2)   Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall comply with the provisions of this chapter, and rules and regulations adopted pursuant thereto to the same extent as if he 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.
   PIER.  A masonry support extending from  the  ground and footing to and  supporting  the building or portion thereof. Pier sizes and spacing shall conform to the specifications of the North Carolina State Building Code.
   PLUMBING.  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 dishwasher, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basin, 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 city, county, or state relating to health, fire, building regulations, or other activities concerning dwellings in the city.
   PUBLIC SPACE.  That space within any dwelling which is open to use by the general public.
   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 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 and sleeping, but not for cooking or eating purposes.
   RUBBISH.  Combustible and noncombustible waste materials, except garbage and ashes. 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.
   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; 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; and/or which does not have a permanent foundation (footings, piers and foundation wall).
   TENANT.  Any person who alone or jointly and severally with others occupies a residential building under a lease or holds a legal tenancy in a building.
   UNFIT FOR HUMAN HABITATION.  Those conditions existing in a dwelling which violate or do not comply with one or more of the minimum standards of fitness, or with one or more of the responsibilities of owners and occupants established by this chapter.
(Ord. passed 2-18-92; Am. Ord. O-1999-37, passed 6-15-99; Am. Ord. O-1999-61, passed 10-5-99; Am. Ord. O-2001-25, passed 6-19-01; Am. Ord. O-2009-23, passed 7-21-09)