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§ 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)
§ 153.52 ADMINISTRATIVE LIABILITY.
   Except as may otherwise be provided by statute or local law or ordinance, no officer, agent or employee of the city charged with the enforcement of the housing code shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter unless he acted with actual malice.
(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)
§ 153.53 OWNER AND OCCUPANTS – RESPONSIBILITIES.
   (A)   The relative responsibilities of the owners of dwelling units and of the occupants of the dwelling units shall be as follows:
      (1)   Public spaces. Every owner of a building shall be responsible for maintaining in a reasonably clean and sanitary condition, the shared or public spaces of the building and premises thereof.
      (2)   Cleanliness. Every occupant shall be responsible for maintaining in a reasonably clean and sanitary condition that part of the dwelling unit and premises, which he occupies and controls.
      (3)   Infestation. Every occupant shall be responsible for the extermination of any insects, rodents, or other pests infesting the dwelling unit; provided, however, that the owner shall be responsible for such extermination if, because of violations of the standards of fitness, the dwelling unit is not reasonably impervious to pests.
      (4)   Rubbish and garbage. Every occupant shall be responsible for disposing of his rubbish and garbage in a clean and sanitary manner by placing it in adequate facilities for such disposal.
      (5)   Plumbing. Every owner shall be responsible for providing adequate operable plumbing facilities, including an adequate water heater, and for maintaining such facilities in efficient operating condition; every occupant shall be responsible for exercising reasonable care in the use of such facilities and for maintaining such facilities in a clean and sanitary condition.
      (6)   Heating. Every owner shall be responsible for providing adequate operable facilities and appliances supplying heat throughout the dwelling unit in compliance with the standards of fitness; every occupant shall be responsible for exercising reasonable care in the use of such facilities and appliances.
      (7)   Care of premises. No occupant shall willfully destroy, deface or otherwise impair any of the facilities or equipment of the owner on the premises which they occupy and control, or any part of the building itself. Willful destruction of the premises by the occupant shall be deemed legal grounds for eviction.
   (B)   Every owner shall remain ultimately responsible for violations of responsibilities imposed upon him by this chapter or any other ordinance although a similar responsibility may also be imposed upon the occupant and although the occupant may have agreed to bear the responsibility imposed by ordinance upon the owner.
(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)
§ 153.54 SAME – ENFORCEMENT OF RESPONSIBILITIES.
   Upon discovering in any building a condition resulting from noncompliance with the provisions in § 153.53, the Code Enforcement Officer is hereby authorized to order, to take, or otherwise to cause to be taken, such remedial action as is necessary to correct such condition.
(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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