Section
General Provisions
153.01 Finding
153.02 Purpose and scope
153.03 Definitions
Fitness for Habitation
153.10 Conditions rendering a dwelling unfit for human habitation
153.11 Standards and requirements for fitness
153.12 Rooming houses
Responsibility of Occupant and Owner
153.20 Responsibility of occupant
153.21 Responsibility of owner
Enforcement
153.25 Duties of Building Inspector
153.26 Powers of Building Inspector
153.27 Inspections; duty of owners and occupants
153.28 Procedure for enforcement
153.29 Methods of service of complaints and orders
153.30 In rem action by Building Inspector; placarding
153.31 Costs a lien on premises
153.32 Alternative remedies
153.33 Zoning Board of Adjustment to hear appeals
153.34 Conflict with other provisions
153.98 Violations
153.99 Penalty
GENERAL PROVISIONS
Pursuant to G.S. § 160A-441, it is hereby found and declared that there exist in the Town of Zebulon and its extraterritorial area dwellings which are unfit for human habitation due to dilapidation; defects increasing the hazards of fire, accidents and other calamities; lack of ventilation, light and sanitary facilities; and due to other conditions rendering those dwellings unsafe or unsanitary and dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents of the town and its extraterritorial area.
(1985 Code, § 153.01)
Editor’s note:
G.S. § 160A-441 was repealed by Session Laws 2019 111, s. 2.3
(A) In order to protect the health, safety and welfare of the residents of the town and its extraterritorial area as authorized by G.S. Ch. 160D, Art. 12, it is the purpose of this chapter to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. § 160D-1205.
(B) The provisions of this chapter shall apply to all existing housing and to all housing hereafter constructed within the Town of Zebulon and its extraterritorial jurisdiction as shown on the official extraterritorial boundary map recorded with the Register of Deeds of Wake County. This chapter establishes minimum requirements for the initial and continued occupancy of all buildings and structures used for human habitation, and does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities except as provided in this chapter.
(1985 Code, § 153.02) (Ord. 2021-65, passed 5-3-2021)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTER or ALTERATION. Any change or modification in construction or occupancy.
APPROVED. Approved by the Building Inspector.
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, animals, chattels or property of any kind. The term BUILDING shall be construed as if followed by the words “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.
DETERIORATED. A dwelling that is unfit for human habitation and can be repaired, altered, or improved to comply with all the minimum standards established by § 153.11 of this chapter at a cost not in excess of 60% of its value, as determined by findings of the Building Inspector.
DILAPIDATED. A dwelling that is unfit for human habitation and cannot be repaired, altered, or improved to comply with all the minimum standards established by § 153.11 of this chapter at a cost not in excess of 60% of its value, as determined by findings of the Building Inspector.
DWELLING. Any building, or structure, or any part thereof, used and occupied for human habitation or intended to be so used, and including any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING UNIT. Any room or group of rooms, or any part thereof, 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, whether or not the unit is occupied or vacant.
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 other recognized and legal pest elimination methods approved by the Building Inspector.
FAMILY. One or more persons living together, who are related by blood, marriage, or adoption and having common housekeeping facilities.
FLOOR AREA. The total area of all habitable rooms in a building or structure.
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 numbers as to constitute a menace to the health, safety or welfare of the occupants or the public.
INSPECTOR. A Building Inspector of the town, or other person charged with the administration and enforcement of this chapter, or his or her duly-authorized representative.
MULTIPLE DWELLING. Any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied, as the home or residence of more than two families, living independently of each other and doing their own cooking in the building; and including flats and apartments.
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.
OPENABLE AREA. That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
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.
PARTIES IN INTEREST. All individuals, associations and corporations who have interests of record in a dwelling, or any who are in possession thereof.
PERSON. Includes any individual, firm, corporation, association or partnership.
PLUMBING. The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and public or private water supply system, within or adjacent to any building, structure or conveyance; also the practice and materials used in the installation, maintenance, extension or alteration of storm water, liquid waste or sewerage and water supply systems of any premises to their connection with any point of public disposal.
PREMISES. A lot, plot or parcel of land, including the buildings or structures thereon; or any part thereof.
PUBLIC AREA. An unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the Fire Department and free of all encumbrances that might interfere with its use by the Fire Department.
REQUIRED. Required by some provision of this chapter.
RESIDENTIAL OCCUPANCY. Buildings in which families or households live, or in which sleeping accommodations are provided. These buildings include, among others, the following: dwellings, multiple dwellings and lodging houses, and all dormitories.
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 members of the family of the owner or operator; or any part thereof.
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; or any part thereof.
RUBBISH. Combustible and noncombustible waste materials except garbage; including ashes, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
STAIRWAY. One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term STRUCTURE shall be construed as if followed by the words “or part thereof.”
SUPPLIED. Paid for, furnished or provided by, or under 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.
VENTILATION. The process of supplying and removing air by natural or mechanical means to or from any space.
YARD. An open unoccupied space on the same lot with a building, extending along the entire length of a street, or rear, or interior lot line.
(1985 Code, § 153.03)
FITNESS FOR HABITATION
(A) The Building Inspector shall determine that a dwelling is unfit for human habitation if he or she finds that any of the following conditions exist in the building:
(1) Interior walls or vertical studs which seriously list, lean or buckle to such an extent as to render the structure unsafe;
(2) Supporting members which show 33% or more of damage or deterioration, or nonsupporting, enclosing or outside walls or covering which show 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 structure unsafe;
(5) Dilapidation, decay, unsanitary conditions, or disrepair which is dangerous to the health, safety or welfare of the occupants or the public;
(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 the public; and/or
(9) Lack of proper electrical, heating, or plumbing facilities required by this chapter, which constitutes a health or a definite safety hazard.
(B) The Building Inspector shall use the standards and requirements in § 153.11 as a guide in making his or her determination.
(1985 Code, § 153.10)
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