§ 10-5. Definitions.
(a)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Abandoned dwelling means any dwelling that has not been occupied or used, by its owner or by some person acting under authority of its owner, for a continuous period of thirty (30) days or longer and which is determined by the minimum housing inspector to be unfit for human habitation or occupancy based upon the standards as set forth in this article.
Area means area as applied to the dimensions of a dwelling shall mean the maximum horizontal projected area of the dwelling at grade. Area as applied to the dimensions of a room, shall mean the total square footage of floor area between finished walls.
Basement means 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.
Boarding house (or rooming house ) means any dwelling, or that part of any dwelling containing one (1) or more rooming units, in which space is let by the owner or operator to three (3) or more persons who are not husband and wife, son or daughter, mother or father or sister or brother of the owner or operator, or any part thereof.
Building means 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 "building" shall be construed as if followed by the words "or part thereof."
Ceiling height means the clear vertical distance from the finished floor to the finished ceiling.
Cellar means a portion of a building located partly or wholly underground having an adequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
Deflection means the sagging of a structural member.
Demolish means the tearing down and disposal of the entire dwelling in a lawful manner, leaving the property free and clear of any debris and without holes or pockets.
Deteriorated means that 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 fifty (50) percent of its value, as determined by finding of the inspector.
Dilapidated means that 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 except at a cost in excess of fifty (50) percent of its value, as determined by finding of the inspector.
Dwelling means any building, structure or part thereof which is wholly or partly used or intended to be used for living, sleeping or habitation by human occupants, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. Temporary housing shall not be regarded as a dwelling. The term shall include within its meaning the terms "rooming house" and "rooming unit."
Dwelling unit means 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, or any part thereof.
Exit means a clear and unobstructed way of departure from the interior of a dwelling to the exterior at street or grade level.
Extermination means 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.
Garbage means the organic waste matter, both animal and vegetable, from houses, kitchens, restaurants, hotels, hospitals and the like, and comprises chiefly waste food, but also includes ashes, dirty rags and the like. The word "garbage" does not include liquid that may be drained into the sewer.
Habitable room means 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 means 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 to the public.
Minimum housing inspector means a minimum housing inspector of the city or any other inspector so designated by the city manager, also referred to as "inspector."
Multiple dwelling means any building containing more than two (2) dwelling units.
North Carolina State Building Code or North Carolina Building Code means any or all volumes of the North Carolina State Building Code as promulgated by the North Carolina State Building Code Council.
Occupant means any person over one (1) year of age living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.
Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
Owner means any person who alone, jointly or severally with others:
(1)
Has title to any dwelling, dwelling unit or rooming unit with or without accompanying actual possession thereof;
(2)
Is a mortgagee of record for any dwelling, dwelling unit or rooming unit; or
(3)
Has charge, care or control of any dwelling, dwelling unit or rooming unit as owner or agent of the owner, or as executor, administrator, trustee or guardian of the estate of the owner. Any such 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 were the owner.
Parties in interest means all persons who have interests of record in a dwelling, dwelling unit or rooming unit and any persons who are in possession thereof.
Pier means a post, pole or column of masonry, concrete, steel or pressure-treated wood extending from a concrete or masonry footing to and supporting the building or portion thereof.
Plumbing means the water supply system, sanitary drainage system, vent system, fixtures, and traps and shall include their respective connections, devices, appliances, and appurtenances within the property lines of the premises.
Public authority means the city housing authority or any officer who is in charge of any department or branch of the government of the city, the county or the state relating to health, fire, building regulations or other activities concerning dwellings in the city.
Public space or common space means that space within any dwelling which is open to use by the general public or to occupants of more than one (1) dwelling.
Rooming unit means 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 means combustible and noncombustible waste materials, except garbage and ashes, and includes paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
Story means that part of the dwelling comprised between a floor and the floor or roof next above having the required amount of ceiling height.
Supplied means paid for, furnished or provided by or under the control of the owner or operator.
Temporary housing means 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 thirty (30) consecutive days.
Tenant means any person who alone or jointly or severally with others occupies a dwelling under an oral or written lease or holds a legal tenancy in a dwelling.
Unfit for human habitation means that conditions exist in a dwelling which violate or do not comply with one (1) or more of the minimum standards of fitness or one (1) or more of the requirements established by this chapter.
(b)
Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit" or "premises" are used in this chapter, they shall be construed as though followed by the words "or any part thereof."
(Code 1977, § 12-3; Ord. No. 2000-80, § 1, 10-3-00; Ord. No. 2001-45, § 3, 6-19-01)