§ 22-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Whenever the terms dwelling, dwelling unit, roominghouse, rooming unit or premises are used in this chapter, they shall be construed as though they were followed by the words, "or any part thereof."

Abandoned structure means any dwelling, dwelling unit, habitable room, multiple dwelling, room unit, roominghouse, structure or manufactured/mobile home which is a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities.

Basement means a portion of a dwelling, structure or abandoned structure which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.

Board means the city board of appeals on dwellings, buildings and property standards established by this chapter.

Building means any structure enclosed and isolated by exterior walls constructed or used for, but not limited to, residence, business, industry or other public or private purposes, or accessory hereto, and also tents, lunch wagons, dining cars, trailers and similar structures, whether stationary or movable.

Cellar means a portion of a dwelling, structure or abandoned structure 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 means a dwelling, structure or abandoned structure that is unfit for human habitation and can be repaired, altered or improved to comply with all of the minimum standards established by this chapter except at a cost in excess of 50 percent of its value, as determined by findings of the code enforcement officer.

Dilapidated means a dwelling, structure or abandoned structure that 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 not in excess of 50 percent of its value, as determined by findings of the code enforcement officer.

Dwelling means any building, structure, manufactured/mobile home 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, as defined in this section, shall not be regarded as a dwelling. The term shall include within its meaning the terms "roominghouse" and "rooming unit," as defined in this section.

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.

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, trapping; or by any other recognized and legal pest elimination methods approved by the code enforcement officer.

Garbage means the organic waste resulting from the handling, preparation, cooking and consumption of food.

Governing body means the city council of the city.

Habitable space or 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, structure or abandoned structure 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.

Code enforcement officer means the code enforcement officer of the city or any authorized agent of the code enforcement officer.

Multiple dwelling means any dwelling containing more than two dwelling units.

Occupant means 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 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)

Shall have title to any dwelling, dwelling unit, rooming unit, structure or abandoned structure with or without accompanying actual possession thereof;

(2)

Shall be a mortgagee of record for any dwelling, dwelling unit, rooming unit, structure or abandoned structure; or

(3)

Shall have charge, care or control of any dwelling, dwelling unit, rooming unit, structure or abandoned structure as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the actual 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.

Party, parties in interest means all persons who have interests of record in a dwelling, dwelling unit, rooming unit, structure or abandoned structure, and any persons who are in possession of such structures.

Plumbing means all of the following supplied facilities and equipment: 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, catchbasins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

Public authority means the city code enforcement officer or any officer who is in charge of any department or branch of the government of the city or the state relating to building regulations or other activities concerning dwellings or structures in the city.

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.

Roominghouse means any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by owner or operator to three or more persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator.

Rubbish means 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, metals, mineral matter, glass, crockery and dust.

Structure means anything constructed or erected, the use of which requires location on the land, or attachment to the land or something having a permanent location on the land such as billboards, signs or fences.

Substandard dwelling or structure means a dwelling, dwelling unit, multiple dwelling, apartment house, structure, abandoned structure or any other space used or intended to be used as a habitable living space in any building or structure which does not meet the basic minimum requirements of this chapter for such use.

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 30 consecutive days.

Tenant means any person who alone or jointly or severally with others occupies a residential building under a lease or holds a leasehold interest in a building.

Unfit for human habitation means conditions existing in a dwelling, dwelling unit, roominghouse, rooming unit, structure or abandoned structure which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this chapter.

(Ord. No. 1998-44, § 152.02, 11-17-1998)

State law reference

Definitions regarding minimum housing standards, G.S. 160A-442.