(A) Residential buildings. Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all other applicable requirements of this subchapter.
(1) No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit that does not comply with all of the minimum standards of fitness for human habitation and all other applicable requirements of this subchapter.
(2) The following standards shall constitute the minimum standards for the structural condition of a dwelling or dwelling unit. The Inspector will determine that a residential building is unfit for human habitation if any of the following conditions exist:
(a) Walls or partitions or supporting members, sills, joists, rafters or other structural members list, lean or buckle, and/or are rotten, deteriorated or damaged, and/or have holes or cracks that might admit rodents. Supporting members are not adequate if 33% or more are damaged or deteriorated. Non-supporting, enclosing or outside walls or coverings are not adequate if 55% or more are damaged or deteriorated;
(b) Floors or roofs have inadequate supporting members and strength to be reasonably safe for the purpose used. Supporting members are not adequate if 33% or more are damaged or deteriorated. Non-supporting, enclosing or outside walls or coverings are not adequate if 55% or more are damaged or deteriorated;
(c) Foundations, foundation walls, piers or other foundation supports are deteriorated or damaged;
(d) Steps, stairs, landings, porches, or other parts and appurtenances are maintained in such condition that they will fail or collapse;
(e) Adequate facilities for egress in case of fire or panic are not provided;
(f) Interior walls and ceilings of all rooms, closets and hallways are not furnished of suitable materials, which will by use of reasonable household methods promote sanitation and cleanliness, and are not maintained in such manner so as to enable the occupants to maintain reasonable privacy between various spaces;
(g) The roof, flashing, exterior walls, floors, and all doors and windows exposed to the weather are not constructed and maintained so as to be weather and watertight;
(h) Chimneys or parts thereof are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard; and/or
(i) The ground is used for floors, or wood floors are on the ground.
(3) Irrespective of division (A)(2) above, the enforcing agent shall find residential dwelling units to be unfit for human habitation if a dwelling unit contains more than five separate types of violations of any of the minimum standards set forth in this subchapter.
(B) Both residential and abandoned buildings and structures. Every structure within the town’s jurisdiction shall be deemed in violation of this subchapter whenever it constitutes a hazard to the health, safety or welfare of the town’s citizens. The enforcing agent may declare an abandoned and/or residential structure or building to be unsafe as a result of:
(1) Vacancy or abandonment;
(2) Dilapidated conditions causing or contributing to blight, disease and/or safety hazards;
(3) The attraction of insects and/or rodents and/or snakes, including the collection of garbage or rubbish in or near the structure that might attract rodents and/or snakes and/or insects, or become breeding places for rodents and/or snakes and/or insects;
(4) Conditions creating a fire hazard;
(5) Dangerous conditions constituting a threat to children, such as the use of the structure by children as a play area, or violations of the State Building Code that might result in danger to children using the structure as a play area if the structure is also vacant and abandoned. If the structure meets the criteria of the preceding sentence and is within a community development area, then the structure may be declared unsafe;
(6) Repeated use of the structure in the absence of sanitary facilities for living, sleeping, cooking or eating;
(7) Violation of the State Building Code, the State Electrical Code or the Fire Prevention Code that constitutes a fire hazard in the structure; and/or
(8) Violation of the standards established by the town in this subchapter.
(Ord. 14-2021, passed - -)
Statutory reference:
Unsafe buildings condemned in localities, see G.S. § 160A-426