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§ 153.35 PROVISIONS APPLICABLE TO ROOMING HOUSES.
   All of the provisions of this chapter, and all of the minimum standards and requirements of this chapter shall be applicable to rooming houses, and to every person who operates a rooming house or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as provided in §§ 153.36 through 153.39.
(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)
§ 153.36 WATER CLOSET, HAND LAVATORY AND BATH FACILITIES.
   At least one water closet, lavatory basin and bathtub or shower, properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever such facilities are shared. All such facilities shall be located within the residence building served, shall be directly accessible from a common hall or passageway and shall not be more than one story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar.
(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)
§ 153.37 RESERVED.
§ 153.38 SANITARY CONDITIONS.
   The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for the sanitary maintenance of every other part of the rooming house; and shall be further responsible for the sanitary maintenance of the entire premises.
(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) Penalty, see § 10.99
§ 153.39 SANITARY FACILITIES.
   Every water closet, flush urinal, lavatory basin and bathtub or shower required by § 153.36 shall be located within the rooming house and within a room or rooms which afford privacy and arc separate from the habitable rooms, and which are accessible from a common hall and without going outside the rooming house or through any other room therein.
(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) Penalty, see § 10.99
ADMINISTRATION AND ENFORCEMENT
§ 153.50 OFFICE OF CODE ENFORCEMENT OFFICER CREATED; POWERS.
   (A)   For the purposes of administering and enforcing the provisions of this chapter the office of Code Enforcement Officer is hereby created.
   (B)   The Code Enforcement Officer shall be appointed by the City Manager, shall take and subscribe to the oath of office administered by the Mayor, and shall have such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limiting the generality of the foregoing, in addition to others herein granted, the following powers:
      (1)   To investigate the dwelling and building conditions and to inspect dwellings, dwelling units and buildings in the city in order to determine which dwellings therein are unfit for human habitation, being guided in such examination of dwellings and buildings by the requirements set forth in this chapter;
      (2)   To administer oaths and affirmations and to examine witnesses and receive evidence;
      (3)   To enter upon and within premises and dwellings for the purpose of making examinations and investigations; provided, that such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession;
      (4)   To delegate any of his functions and powers under this chapter to such officers and agents as he may designate;
      (5)   To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the provisions of this chapter; and
      (6)   To obtain administrative inspection warrants, issue civil citations and to take such other actions as may be necessary to carry out the enforcement procedures of this chapter. When permission to inspect a dwelling or its premises is denied, the Code Enforcement Officer must obtain an administrative inspection warrant to inspect. When faced with a situation where permission to inspect is denied, the Code Enforcement Officer is advised to seek the advice of the city attorney. NOTE: G.S. § 15-27.2 provides for the issuance of warrants to conduct of inspections authorized by law. The N.C. Court of Appeals, In Re Dwelling, 24 N.C. App. 17 (1974), has held that the consent of the tenant-occupant who was in actual possession and control of the premises was sufficient to authorize an inspection without a warrant, notwithstanding the fact that the owner had objected to the warrantless search.
(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)
§ 153.51 INSPECTIONS.
   For the purpose of carrying out the intent of this chapter, the Code Enforcement Officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises, including abandoned structures after sufficiently identifying himself The owner or occupant of every dwelling, dwelling unit or rooming unit, or the person in charge thereof, shall give the Code Enforcement Officer free access to such dwelling, dwelling unit or rooming unit, and its premises, at all reasonable times for the purposes of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, and its premises, at all reasonable times for the purpose of making such repairs or alterations, as are necessary to effect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of 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-2022-54, passed 7-12-22)
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