§ 8-141. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. When the words "dwelling," "dwelling unit," "rooming house," "rooming unit" or "premises" are used, they shall be construed as though they were followed by the words "or any part thereof."

Alter and alteration mean any change or modification in construction or occupancy.

Approved means approved by the housing inspector.

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.

Building means 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 means 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 means that a dwelling is unfit for human habitation and can be repaired, altered or improved to comply with all the minimum standards established by this article at a reasonable cost in relation to its value, as determined by findings of the inspector.

Dilapidated means that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all the minimum standards established by this article at a reasonable cost in relation to its value, as determined by findings of the inspector.

Dwelling means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant, provided that temporary housing, as hereinafter defined, shall not be regarded as a dwelling.

Dwelling units 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, regardless if such unit is occupied or vacant.

Extermination means 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 other recognized and legal past elimination methods approved by the inspector.

Family means one or more persons living together, who are related by blood, marriage or adoption, and having common housekeeping facilities.

Floor area means the total area of all habitable rooms in a building or structure.

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

Habitable room means a room or heated floor space used or intended to be used for living or sleeping, excluding bathrooms, kitchens, places for cooking or eating purposes, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces.

Hearing officer means a public officer designated by the town, as defined in G.S. 160A-442, who is charged with conducting hearings, including administering oaths and affirmations, examining witnesses, receiving evidence, making findings of fact, and issuing orders, as provided in the requirements of this article.

Housing inspector means a public officer designated by the town, as defined in G.S. 160A-442, with a minimum of three years of housing inspection experience, who is charged with the administration and enforcement of this article.

Infestation means 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 to the public.

Multiple dwelling means 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 shall include flats and apartments.

Occupant means 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 means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

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 the holder of the title in fee simple and every mortgagee of record.

Parties in interest means all individuals, associations and corporations who have interests of record in a dwelling or any who are in possession thereof; or shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, 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 article, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

Plumbing means the practices, 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 stormwater, liquid waste or sewerage, and water supply systems of any premises to their connection with any point of public disposal.

Premises means a lot, plot or parcel of land, including the building or structure thereon.

Public areas means 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 means required by some provision of this article.

Residential occupancy means buildings in which families or households live or in which sleeping accommodations are provided. Such buildings include, among others, the following: dwellings, multiple dwellings, lodging houses and all dormitories.

Rooming house means 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.

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 the term shall include ashes, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.

Stairway means 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 means 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 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 "structure" shall be construed as if followed by the words "or part thereof."

Supplied means paid for, furnished or provided by or under 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.

Unfit for human habitation means the same as defined by section 8-2.

Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space.

Yard means 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.

(Ord. of 9-8-2015(2); Amend. of 4-12-2016(4))