(A) For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASEMENT. A portion of a dwelling which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.
CELLAR. A portion of a dwelling which is 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.
DETERIORATED. A dwelling that is unfit for human habitation and can be repaired, altered or improved to comply with all of the minimum standards established by this chapter at a cost not in excess of 50% of its value, as determined by finding of the Public Officer.
DILAPIDATED. A dwelling which is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this chapter except at a cost in excess of 50% of its value, as determined by finding of the Public 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. The term shall include within its meaning the terms ROOMINGHOUSE and ROOMING UNIT.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EXTERMINATION. The control and elimination of insects, rodents or other pests by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination methods approved by the Public Officer.
GARBAGE. The organic waste resulting from the handling, preparation, cooking and consumption of food.
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.
HOUSING APPEALS BOARD. The Zoning Board of Adjustment as established and described in §153.095.
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 the public.
MULTIPLE DWELLING. Any dwelling containing more than two dwelling units.
OCCUPANT. Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling, dwelling unit or rooming unit.
OPERATOR. Any person who has charge, care or control of a building or part of a building in which dwelling units or rooming units are let.
OWNER. Any person who alone, jointly or severally with others shall:
(a) Hold title to any dwelling, dwelling unit or rooming unit, with or without accompanying actual possession;
(b) Be a mortgagee of record for any dwelling, dwelling unit or rooming unit; or
(c) Have charge, care or control of any dwelling, dwelling unit or rooming unit, as owner or agent of the actual owner, or as executor, administrator, trustee or guardian of the estate of the actual owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant to this chapter, to the same extent as if he were the actual owner.
OWNER-OCCUPIED DWELLING. Any dwelling, whether owned by a single owner, jointly or severally with others, which is occupied by at least one owner. No dwelling that is rented, let, or leased, whole or in part, to any person or persons for the purposes of living, sleeping, cooking and/or eating, or advertised for such rental shall be considered an owner-occupied dwelling for purposes of this chapter. No dwelling that is or becomes unoccupied due to structural deficiencies or dilapidation of its structure for a period of 180 days or longer shall be considered an owner-occupied dwelling for purposes of this chapter.
PARTY IN INTEREST or PARTIES IN INTEREST. All persons who have interests of record in a dwelling, dwelling unit, or rooming unit, and any persons who are in possession of a dwelling, dwelling unit or rooming unit.
PLUMBING. All of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), sewage disposal pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
PUBLIC AUTHORITY. The town housing authority or officer who is in charge of the department or branch of the government of the town or of the county or state relating to health, fire, building regulations, or other activities concerning dwellings in the town.
PUBLIC OFFICER. The Town Manager who is authorized to exercise the powers prescribed by this chapter and G.S. Chapter 160D, Article 12, or his or her authorized agent.
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.
ROOMINGHOUSE. 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 or wife, son or daughter, mother or father, or sibling of the owner or operator. The owner or operator shall be a permanent resident of the roominghouse.
RUBBISH. Non-organic waste materials. The term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass 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 and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.
TOWN. The Town of Murphy, North Carolina.
UNFIT FOR HUMAN HABITATION. A dwelling, dwelling unit, roominghouse, or rooming unit, in which conditions exist which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this chapter.
(B) Whenever the term DWELLING, DWELLING UNIT, ROOMINGHOUSE, ROOMING UNIT or PREMISES is used in this chapter, it shall be construed as though followed by the term "or any part thereof."
(Ord. passed 10-7-2019; Am. Ord. passed 5-3-2021)