(A) Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ABANDONED.” Deserted or discontinuance of use. Whenever the phrase “ABANDONED STRUCTURE” is used herein, it shall be construed as though followed by the words “or any part thereof.”
“ACCESSORY STRUCTURE.” Any building or structure used or intended to be used in conjunction with housing but not used for habitation, whether attached to or detached from a primary structure, including, but not limited to, sheds, storage buildings, carports and garages, and any attached fence.
“BEDROOM.” A room designated or used as a sleeping or bedroom.
“BUILDING.” Any structure used or intended for supporting or sheltering any use or occupancy.
“DETERIORATED.” Housing which 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. Repair at a cost not in excess of 50% of the value is hereby deemed reasonable pursuant to G.S. 160D-1203(3).
“DILAPIDATED.” Housing which is substandard or unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this chapter 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 Inspector.
“DWELLING.” Any building, structure 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.
“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.
“EGRESS.” A clear and unobstructed way of departure from the interior of housing to the exterior at street or grade level.
“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 Inspector.
“FLUE.” An enclosed pipe, duct or passageway used only for the transmission of heat or the products of combustion.
“GARBAGE.” The organic waste resulting from the handling, preparation, cooking and consumption of food.
“HABITABLE ROOM” or “HABITABLE SPACE.” A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating pinposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers, communicating corridors, wall areas, storage spaces, and any area beneath a ceiling of less than four and one-half feet in height.
“HOUSING.” Any residential building, dwelling, dwelling unit, multiple dwelling, apartment, boardinghouse or similar building or structure, or part thereof, together with the premises of such building, and other appurtenances thereto.
“IMPERVIOUS TO WATER (AS TO FLOORS).” A clean, smooth floor, without cracks or holes, made of terrazzo, ceramic, asphalt or rubber tile, smooth concrete, linoleum or other similar material, or made of wood, and, if made of wood, then with tightly fitting joints, covered with varnish, lacquer or other similar water-resistant coating.
“INFESTATION.” The presence of any insects, rodents or other pests within or around housing in such number as to constitute a menace to the health, safety or welfare of the occupants or the public.
“INSPECTOR” or “HOUSING INSPECTOR.” The Director of the Wayne County, North Carolina Inspections Department, or any designee of the Director. The Inspector shall have and may exercise the powers and responsibilities of Public Officer as set forth in G.S. 160D-1202.
“LANDINGS.” Any flat area around doorways, ramps, or stairs as required by the state Residential Building Code and shall be at least three feet in depth with a minimum width no less than the door it serves.
“MULTIPLE DWELLING.” Any housing containing more than two dwelling units.
“OCCUPANT.” Any person living, sleeping, cooking or eating in, or having actual possession of, housing.
“OPERATOR.” Any person who has charge, care or control of a building, or part thereof, in which housing is let.
“OWNER.” Any person who is the holder of title in fee simple to housing, and every mortgagee of record.
“PARTY OR PARTIES IN INTEREST.” All persons who have interest of record in housing, and any persons who are in possession thereof.
“PERSON.” Any individual, corporation, limited liability company, firm, partnership, association, conservator, receiver, trustee, executor or other legal entity.
“PLUMBING.” Supplied fixtures, as defined herein, together with all connections to water, sewer or gas lines within the property lines of the premises, employed for use of water, sewer or gas utilities, including, but not limited to, 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 traps.
“PORCH.” A covered area greater than 25 square feet with a roof at an entrance to housing.
“PREMISES.” A lot, plot or parcel of land, including the buildings or structures thereon, or any part thereof, except land occupied by streets, alleys or public thoroughfares.
“PUBLIC AUTHORITY.” Any officer or employee of any department or branch of the government of the Village of Walnut Creek, Wayne County, or the State of North Carolina relating to health, safety, law enforcement, fire or building regulations or other activities concerning housing in the village.
“PUBLIC OFFICER.” The Village Administrator or his or her designee and the Director of the Wayne County, North Carolina Inspections Department, or any designee of the Director.
“REMOVE AND DEMOLISH.” The demolition and removal of the entire building or structure, leaving the premises free and clear of any debris, any excavation properly filled in, and with no holes or pockets which may retain water.
“RUBBISH.” Combustible or noncombustible waste materials, except garbage, including, but not limited to, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass or dust.
“STRUCTURE.” That which is built or constructed.
“VACANT BUILDING.” A building ordered to be vacated and closed pursuant to any provision of this chapter.
“VACATE AND CLOSE.” Housing shall be secured to prevent entry, including all outer doors firmly locked and basement, cellar and windows barred or boarded. It also means that such housing shall not again be used for human habitation until all violations are corrected and an inspection is conducted by the Inspector to verify compliance with this chapter.
“VALUE.” The total value of any structure which is the subject of an order hereunder, as appraised for ad valorem tax purposes on the duly adopted and recorded tax rolls of the county on the date of the Inspector’s initial order pursuant to § 95.49
(B) herein.
“VENTILATION.” The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
“WEATHERTIGHT.” So constructed that the housing resists weather and excludes precipitation and prevents the infiltration of air.
(B) Words having certain meanings. Whenever the words “housing,” “dwelling,” “dwelling unit,” and “premises” are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof.”
(Res., Passed 6-28-23)