Loading...
(A) Pursuant to G.S. § 160D-1201 of the General Statutes of North Carolina, it is hereby found and declared that there exist in the city planning and development regulation jurisdiction dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, light and sanitary facilities, and other conditions rendering such dwellings unsafe and unsanitary, and dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents of the city planning and development regulation jurisdiction.
(B) In order to protect the health, safety and welfare of the residents of the city planning and development regulation jurisdiction, as authorized by G.S. Chapter 160D, Article 12, it is the purpose of this chapter to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. §§ 160D-1201 and 160A-193.
(C) In addition, it is hereby found and declared, under the authority of G.S. § l60A-174, that there exist in the city dwellings which, although not meeting the classification as unfit for human habitation, fail to fully comply with all the minimum standards for housing fitness as established herein and therefore have present one or more conditions which are inimical to the public health, safety and general welfare. Such conditions, if not corrected can lead to deterioration and dilapidation of dwellings which render them unfit for human habitation.
(D) This chapter is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof, which are public health, safety, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of dwellings, apartment houses, rooming houses or buildings, structures or premises used or intended for use as such.
(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-2022-54, passed 7-12-22)
(A) The provisions of this chapter shall apply to all dwellings or dwelling units within the city planning and development regulation jurisdiction regardless of when such units were constructed, altered, repaired or improved. Portable, mobile or demountable buildings or structures, including trailers, when used or intended for use for housing within the jurisdiction, shall be subject to the applicable provisions of this chapter. This chapter establishes minimum requirements for the initial and continued occupancy of all buildings used for human habitation and does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities, except as provided in this chapter.
(B) The provisions of this chapter shall also apply, as authorized by G.S. § 160D-1201(b), to abandoned structures which are found by the city to be 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 conditions.
(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-2022-54, passed 7-12-22)
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.
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.
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.
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 tight 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 that 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 that 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 that are used or intended to be used for living, sleeping, and 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 childcare 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. § 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 machine , 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 that 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, but not be limited to, 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 natural person or entity who is a named party or signatory to a lease or rental agreement, and who occupies, resides in, or has a legal right to possess and use an individual rental unit.
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; Am. Ord. O-2022- 54, passed 7-12-22)
The Code Enforcement Officer shall determine that a dwelling is unfit for human habitation if he finds that a dwelling fails to fully comply with the following enumerated standards of dwelling fitness as set out in §§ 153.15 through 153.39. All buildings or portions of buildings which are used or intended for use as dwellings and are, under the provisions of this chapter, unfit for human habitation, are hereby declared to be a public nuisance, and shall be repaired or rehabilitated to the standards of this chapter or demolished in accordance with the procedure set forth herein.
(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-2022-54, passed 7-12-22)
MINIMUM STANDARDS FOR DWELLINGS
(A) Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with the minimum standards of fitness and the requirements of this chapter. No person shall occupy as owner, occupant, or let to another for occupancy or use as a human habitation, any dwellings or dwelling units which do not comply with the minimum standards of fitness for human habitation and the requirements of this chapter. All work shall be done in a workmanlike manner.
(B) The Code Enforcement Officer shall determine that a dwelling is unfit for human habitation if he finds that any one (1) of the following conditions exist in such dwelling:
(1) Interior walls or vertical studs, which seriously list, lean or buckle to such an extent as to render the dwelling unsafe.
(2) Supporting member or members that show thirty-three (33) percent or more damage or deterioration, or non-supporting, enclosing or outside walls or covering that shows fifty (50) percent or more of damage or deterioration.
(3) Floors or roofs which have improperly distributed loads, which are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(4) Such damage by fire, wind or other causes as to render the dwelling unsafe.
(5) Dilapidation, decay, unsanitary conditions or disrepair that is dangerous to the health, safety or welfare of the occupants or other people in the city.
(6) Inadequate facilities for egress in case of fire or panic.
(7) Defects significantly increasing the hazards of fire, accident or other calamities.
(8) Lack of adequate ventilation, light, heating or sanitary facilities to such extent as to endanger the health, safety or general welfare of the occupants or other residents of the city.
(9) Lack of proper electrical, heating or plumbing facilities required by this chapter which constitutes a definite health or safety hazard.
(10) Lack of connection to a potable water supply and/or to the public sewer or other approved sewage disposal system, the lack of either one of which renders a dwelling unfit for human habitation. For the purposes of this standard, a dwelling is not connected to a potable water supply if the water supply has been “cut off” because of nonpayment of the water bill or otherwise or if the system for any reason is not receiving a flow of potable water to the tap.
(C) In addition to the ten (10) conditions stated above, any one of which render a dwelling unfit for human habitation, the Code Enforcement Officer shall determine that a dwelling is unfit for human habitation if he finds that a dwelling fails to fully comply with seven (7) or more of the following enumerated standards of dwelling fitness.
(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-2022-54, passed 7-12-22)
Loading...