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For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED STRUCTURE. Any structure, whether designed and intended for residential or other uses, which has been vacant or not in active use, regardless of purpose or reason, for the past two-year period and which is determined by the Housing Inspector to be unfit for human habitation or occupancy based upon the standards as set forth in this chapter.
BASEMENT. A portion of a dwelling, which is located partly underground, having access to light and air from windows located above the level of the adjoining ground.
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.
DETERIORATED DWELLING. 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 Housing Inspector.
DILAPIDATED DWELLING. 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 in excess of 50% of its value, as determined by finding of the Housing Inspector.
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 accessory buildings and structures and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured home or mobile home, which is used solely for a seasonal vacation purpose.
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, or trapping; or by any other recognized and legal pest elimination methods approved by the Housing 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.
HOUSING INSPECTOR. The person appointed by the Town Council to carry out the administration and enforcement of this chapter.
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.
MANUFACTURED HOME (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, 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. The holder of the title in fee simple and every mortgagee of record.
PARTY OR PARTIES IN INTEREST. All individuals, associations and corporations who have interests of record in a dwelling, dwelling and any who are in possession thereof.
PUBLIC AUTHORITY. Any housing authority or any officer who is in charge of any department or branch of the government of the town, county, or state relating to health, fire, building regulations or other activities concerning dwellings in the town.
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 or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
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.
RUBBISH. Combustible and noncombustible waste materials except garbage and ashes, and the term shall include but not be limited to paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust.
SUPPLIED. Paid for, furnished, or provided by, or under the control of, the owner or operator.
Words having certain meaning. Whenever the words
DWELLING, DWELLING UNIT, ROOMING HOUSE, ROOMING UNIT, PREMISES are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof".
(Ord. passed 11-28-2005; Am. Ord. passed 2-11-2013)
(A) The Housing Inspector shall determine that a dwelling is unfit for human habitation if he or she finds that any one of the following conditions exist in the dwelling:
(1) Interior walls or vertical studs which seriously list, lean or buckle to such an extent as to render the dwelling unsafe.
(2) Supporting member or members which show 33% or more damage or deterioration, or non-supporting, enclosing or outside walls or covering which shows 50% or more of damage or deterioration.
(3) Floors or roofs which have improperly distributed loads, which are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
(4) Such damage by fire, wind or other causes as to render the dwelling unsafe.
(5) Dilapidation, decay, unsanitary conditions or disrepair which is dangerous to the health, safety or welfare of the occupants or other people in the town.
(6) Inadequate facilities for egress in case of fire or panic.
(7) Defects significantly increasing the hazards of fire, accident or other calamities.
(8) Lack of adequate ventilation, light, heating or sanitary facilities to such extent as to endanger the health, safety or general welfare of the occupants or other residents of the town.
(9) Lack of proper electrical, heating or plumbing facilities required by this chapter which constitutes a definite health or safety hazard.
(10) Lack of connection to a potable water supply and/or to the public sewer or other approved sewage disposal system, the lack of either one of which renders a dwelling unfit for human habitation. For the purposes of this standard, a dwelling is not connected to a potable water supply if the water supply has been cut off because of nonpayment of the water bill or otherwise or if the system for any reason is not receiving a flow of potable water to the tap.
(B) In addition to the ten conditions stated above, any one of which renders a dwelling unfit for human habitation, the Housing Inspector shall determine that a dwelling is unfit for human habitation if he or she finds that a dwelling fails to fully comply with seven or more of the standards of dwelling fitness listed in §§ 153.04 through 153.10. (Note: full compliance with a standard means that if any part of the stated standard is not complied with by a particular dwelling then that dwelling has failed to fully comply with the standard. For example, in regard to the standard in § 153.05(A)(1), if all standards are met in a dwelling except that a supply of hot water is not provided then the dwelling fails to fully comply with the standard in § 154.05(A)(1).)
(Ord. passed 11-28-2005; Am. Ord. passed 2-11-2013) Penalty, see § 153.99
(A) Structural integrity. Walls, partitions, supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated, or damaged, and shall not have holes or cracks which might admit rodents.
(B) Supports. Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.
(C) Foundations. Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.
(D) Steps. Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse.
(E) Egress. Adequate facilities for egress in case of fire or panic shall be provided.
(F) Interior materials. Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will, by use of reasonable household methods promote sanitation and cleanliness, and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces.
(G) Weatherization. The roof, flashing, exterior walls, basement walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained so as to be weather and watertight.
(H) Chimneys. There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard.
(I) Floors. There shall be no use of the ground for floors, or wood floors on the ground.
(Ord. passed 11-28-2005; Am. Ord. passed 2-11-2013) Penalty, see § 153.99
(A) Plumbing standards.
(1) Facilities. Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closer, and an adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply. For the purpose of this standard, a dwelling is not connected to a potable water supply if the water supply has been cut off because of non-payment of the water bill or otherwise if the system for any reason is not receiving a flow of potable water to the tap.
(2) Maintenance. All plumbing fixtures shall meet the standards of the Plumbing Code and shall be maintained in a state of good repair and in good working order.
(3) Accessible. All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user.
(B) Heating standards. Every dwelling shall have facilities for providing heat in accordance with either division (1) or (2) below. The facilities shall be maintained in a state of good repair and good working order.
(1) Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity to heat all habitable rooms, bathrooms and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of 70 degrees Fahrenheit measured at a point three feet above the floor during average winter conditions.
(2) Other heating facilities. Where a central or electric heating system is not provided, each dwelling shall be provided with a sufficient electrical receptacles, fireplaces, chimneys, flues or gas vents whereby heating appliances may be connected so as to heat all habitable rooms, bathrooms and water closet compartments to a minimum temperature of 70 degrees Fahrenheit measured three feet above the floor during average winter conditions.
(C) Electrical standards.
(1) Wiring. Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles, connected in such manner as determined by the State Electrical Code. There shall be installed in every bathroom, water closet room, laundry room and furnace room at least one supplied ceiling or wall-type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room, then each such habitable room shall contain at least three floor or wall-type electric convenience receptacles.
(2) Hall lights. Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient.
(3) Maintenance. All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the State Electrical Code.
(Ord. passed 11-28-2005; Am. Ord. passed 2-11-2013) Penalty, see § 153.99
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