For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERATION. As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another. The term ALTER in its various moods and tenses and its participle refers 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 individual, family or household for housekeeping purposes.
APPROVED. As applied to a material, device or mode of construction, means APPROVED by the Inspector under this chapter or by other authority designated by law to give approval in the matter in question.
AREA.
(1) As applied to the dimensions of a building, the maximum horizontal projected area of the building.
(2) As applied to the dimensions of a room, the total square footage of floor area between finished walls.
BASEMENT. A portion of a building which is located partly underground, having direct 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 50% or more of its perimeter. The term BUILDING shall be construed as if followed by the phrase "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. Securing the building so that unauthorized persons cannot gain entrance to the building.
CODE ENFORCEMENT OFFICIAL. The person who has been designated, in writing, by the Town Manager to enforce 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 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 Inspector.
DILAPIDATED. A dwelling is unfit for human habitation and cannot 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 Inspector.
DWELLING. Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a DWELLING.
DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and 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 Inspector.
GARBAGE. The animal and vegetable 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.
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.
INSPECTOR. The Pineville Town Administrator or his or her designee.
LODGING ESTABLISHMENT. Any hotel, motel, inn, tourist home or other place providing lodging accommodations for pay. For purposes of this chapter, the term LODGING ESTABLISHMENT does not include any hotel, motel, inn, tourist home or other place providing lodging accommodations for pay that is licensed or permitted by the state or the County Department of Public Health pursuant to G.S. Chapter 130A.
LODGING UNIT. A room or suite in any hotel, inn, tourist home or other place providing lodging accommodations for pay designed for the temporary housing of paying guests. For purposes of this chapter, a LODGING UNIT does not include a room in or suite in any hotel, inn, tourist home or other place providing lodging accommodations for pay designed for the temporary housing of paying guests that is licensed or permitted by the state or the County Department of Public Health pursuant to G.S. Chapter 130A.
MANUFACTURED HOME and MOBILE HOME. A structure as defined in G.S. § 143-145(7).
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 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, or severally with others:
(1) Shall have fee simple title to any dwelling or dwelling unit, and every mortgagee, and owner and holder of a deed of trust and the trustee therein, of record; with or without accompanying actual possession of the dwelling or dwelling unit; 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, administratrix, trustee or guardian of the estate of the owner. Any person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he or she 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 State Building Code.
PLACE OF HABITATION. Any dwelling, dwelling unit, rooming-house, rooming unit, lodging establishment or lodging unit.
PLUMBING. Includes 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 dishwashers, 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. The governing body of the town or any officer who is in charge of any department or branch of the government of the town or of Mecklenburg County or the State of North Carolina relating to health, fire, building regulations or other activities concerning dwellings in the town.
PUBLIC SPACE. Space within any place of habitation which is open to use by the general public.
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.
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.
RUBBISH. Combustible and noncombustible waste materials, except garbage and ashes, and 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.
STATE BUILDING CODE. The North Carolina State Building Code or any superseding regulation.
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.
TENANT. Any person who, alone or jointly or severally with others, occupies a residential building under a lease or holds a legal tenancy in a building.
TOWN. The Town of Pineville, located in Mecklenburg County, North Carolina.
UNFIT FOR HUMAN HABITATION. Conditions exist in a dwelling 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.
MEANING OF CERTAIN WORDS. Whenever words "dwelling," "dwelling unit," "rooming-house," "rooming unit" or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
(Ord. 2008-02, passed 5-13-2008)