(a)

Pursuant to G.S. 160A-441, it is hereby found and declared that there exists, in the Town, 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 such dwelling 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.

(b)

It is further found by the Board of Aldermen that there exist in the Town abandoned structures which: constitute a health and safety hazard as a result of the attraction of insects and rodents; result in a condition creating a fire hazard; bring about dangerous conditions constituting a threat to children; or bring about frequent use by vagrants as living quarters in the absence of sanitary facilities.

(c)

In order to protect the health, safety and welfare of the residents of the Town as authorized by G.S. 160A-19-6, it is the purpose of this chapter to establish minimum standards of fitness for the initial and continued occupancy of all dwellings used for habitation and for the continued existence of abandoned structures as expressly authorized by G.S. 160A-444.

(Code 1979, § 151.01; Ord. of 7-6-1981)

(a)

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:

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.

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 a dwelling 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, at a cost not in excess of 50 percent of its value, as determined by finding of the Building Inspector.

Dwelling means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing as hereinafter defined shall not be regarded as a dwelling. The term "dwelling," wherever used herein, also shall mean any structure which has not been occupied by the owner or the owner's tenant for a period of 90 consecutive days.

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 eliminating their harborage places; 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 Building Inspector.

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

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, closet 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 occupant or to the public.

Inspector means the Building Inspector of the Town or any agent of the Inspector who is authorized by the Inspector.

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 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 or jointly or severally with others:

(1)

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

(2)

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 chapter and of rules and regulations adopted pursuant thereto to the same extent as if he/she were the owner.

Plumbing means all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

Public authority means any officer who is in charge of any department or branch of the government of the Town, County or state relating to health, fire, building regulations or other activities concerning dwellings in the Town.

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 person who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator.

Rooming unit means any room or group or rooms forming a single habitable unit 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. The term "rubbish" includes paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.

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.

Unfit for human habitation means conditions that exist in a dwelling that 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.

(b)

Whenever the terms "dwelling," "dwelling unit," "rooming house," "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."

(Code 1979, § 151.02; Ord. of 7-6-1981)

(a)

Public areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

(b)

Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling or dwelling unit and premises thereof which he/she occupies and controls.

(c)

Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities. In all cases the owner shall be responsible for the availability of rubbish and garbage storage facilities.

(d)

Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of same.

(e)

Care of facilities equipment and structure. No occupant shall willfully destroy, deface or impair any of the facilities or equipment or any part the structure of a dwelling or dwelling unit.

(f)

Authorized entry. For the purpose of making inspections, the Building Inspector is hereby authorized to enter, examine, survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit or rooming unit or the person in charge thereof shall give the Inspector free access to such dwelling, dwelling unit, or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof or his/her agent or employee access to any part of such dwelling or dwelling unit and its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of this chapter.

(Code 1979, § 151.03; Ord. of 7-6-1981)

Cross reference— Penalty, see § 151.99.

In the event any provision, standard or requirement of this chapter is found to be in conflict with any provisions of any other ordinance or code of the Town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the Town shall prevail.

(Code 1979, § 151.04; Ord. of 7-6-1981)

If any provision of this chapter is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this chapter are hereby declared to be severable.

(Code 1979, § 151.05; Ord. of 7-6-1981)

The current edition of the North Carolina State Building Code, (Volume I, General Construction; Volume II, Plumbing; Volume III, Heating; and Volume IV, Electrical), as adopted by the North Carolina Building Code Council and as amended, from time to time, is hereby adopted by the reference as fully as though set forth herein.

(Ord. of 4-12-2021)

The Building Inspector is hereby designated as the officer to enforce the provisions of this chapter and to exercise the duties and powers herein prescribed. It shall be the duty of the Building Inspector:

(1)

To investigate the dwelling conditions and to inspect dwellings and dwelling units located in the Town, and the extraterritorial jurisdiction area of the Town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this chapter with respect to such dwellings and dwelling units;

(2)

To take such action together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;

(3)

To keep a record of the results of inspections made under this chapter and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed; and

(4)

To perform such other duties as may be herein prescribed.

(Code 1979, § 151.15; Ord. of 7-6-1981)

State Law reference— Building inspection, G.S. 160A-411, 160A-412.

The Building Inspector is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this chapter, including the following powers in addition to others herein granted:

(1)

To investigate the dwelling conditions in the Town in order to determine which dwellings therein are unfit for human habitation;

(2)

To administer oaths and affirmations, examine witnesses and receive evidence;

(3)

To enter upon premises for the purpose of making examinations and inspections, provided such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; and

(4)

To appoint and fix the duties of such officers, agents and employees he/she deems necessary to carry out the purposes of this chapter.

(Code 1979, § 151.16; Ord. of 7-6-1981)

(a)

Preliminary investigation; notice; hearing.

(1)

Whenever a petition is filed with the Building Inspector by a public authority or by at least five residents of the Town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he/she shall, if his/her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten nor more than 30 days after the serving of said complaint.

(2)

The owner or any party in interest shall have the right to file an answer to the complaint and appear in person, or otherwise, and give testimony at the place and time fixed in the complaint.

(3)

Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Inspector.

(b)

Procedure after hearing. After such notice and hearing, the Inspector shall state in writing his/her determination whether such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.

(1)

If the Inspector determines that the dwelling or dwelling unit is deteriorated, he/she shall state in writing his/her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter and improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter within a specified period of time, not to exceed 90 days. Such order may also direct and require the owner to vacate and close such dwellings or dwelling units until such repairs, alterations and improvements have been made.

(2)

If the Inspector determines that the dwelling is dilapidated, he/she shall state in writing his/her findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair, alter and improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or else vacate and remove or demolish the same within a specified period of time not to exceed 90 days.

(c)

Failure to comply with order.

(1)

In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Inspector to repair, alter or improve the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the Inspector to vacate and close and remove or demolish the same within the time specified therein, the Inspector shall submit to the Board of Aldermen at its next regular meeting a resolution directing the Town Attorney to petition the superior court for an order directing such owner to comply with the order of the Inspector, as authorized by G.S. 160A-446(g).

(2)

In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit or of a dilapidated dwelling to comply with an order of the Inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in subsection (c)(1) of this section, the Inspector shall submit to the Board of Aldermen an ordinance ordering the Inspector to cause such dwelling or dwelling unit to be repaired, altered, improved or vacated and closed and removed or demolished, as provided in the original order of the Inspector, and, pending such removal or demolition, to placard such dwelling as provided by G.S. 160A-443 and section 151.19.

(d)

Appeals from orders of Inspector. An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby.

(1)

Any appeal from the Inspector shall be taken within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the Inspector and with the Board of Adjustment a notice of appeal which shall specify the grounds upon which the appeal is based. Upon filing of any notice of appeal, the Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made.

(2)

When an appeal is from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, his/her decision shall remain in force until modified or reversed.

(3)

When any appeal is from a decision of the Inspector requiring the person aggrieved to do an act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Board, after the notice of appeal is filed with him/her, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant) a suspension of his/her requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day's written notice to the Inspector, by the Board, or by a court of record upon petition made pursuant to G.S. 160A-446(f) and subsection (e) of this section.

(4)

The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time.

(5)

Any party may appear in person or by agent or attorney.

(6)

The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Inspector, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Inspector.

(7)

The Board shall have the power also in passing upon appeals, in any case where there are practical difficulties or necessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(e)

Review by Board of Aldermen. Any person aggrieved by a decision rendered by the Board of Adjustment may, within 15 days after issuance of such decision, request in writing that such decision be reviewed by the Board of Aldermen. In the event that a majority of the Board decide that said decision should be reviewed, Board shall review the decision by a proceeding in the nature of certiorari.

(f)

Petition of superior court by owner. Any person aggrieved by an order issued by the Inspector or a decision rendered by the Board shall have the right within 30 days after issuance of the order or rendering of the decision to petition the superior court for a temporary injunction restraining the Inspector pending a final disposition of the cause as provided by G.S. 160A-446(f).

(Code 1979, § 151.17; Ord. of 7-6-1981; Ord. of 3-1-1982)

Cross reference— Penalty, see § 151.99.

Complaints or orders issued by the Building Inspector shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the Inspector in the exercise of reasonable diligence, the Inspector shall make an affidavit to that effect and the serving of such complaint or order upon such person may be made by publishing the same once each week for two successive weeks in a newspaper which is generally circulated in the Town. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.

(Code 1979, § 151.18; Ord. of 7-6-1981)

(a)

After failure of an owner of a dwelling or dwelling unit to comply with an order of the Building Inspector issued pursuant to the provisions of this chapter, and upon adoption by the Board of Aldermen of an ordinance authorizing and directing him/her to do so, as provided by G.S. 160A-443(5) and section 151.17(c), the Inspector shall proceed to cause such dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this chapter, or to be vacated and closed and removed or demolished, as directed by the ordinance of the Board of Aldermen and shall cause to be posted on the main entrance of such dwelling or dwelling unit a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." Occupation of a building so posted shall constitute a misdemeanor.

(b)

Each such ordinance shall be recorded in the office of the register of deeds in the county wherein the property is located and shall be indexed in the name of the property owner in the grantor index as provided by G.S. 160A-443(5).

(Code 1979, § 151.19; Ord. of 7-6-1981)

As provided by G.S. 160A-443(6), the amount of the cost of any repairs, alterations or improvements, or vacating and closing or removal or demolition, caused to be made or done by the Building Inspector pursuant to section 151.19, shall be a lien against the real property upon which cost was incurred. Such lien shall be filed, have the same priority, and be enforced and the costs collected as provided by G.S. 160A-10.

(Code 1979, § 151.20; Ord. of 7-6-1981)

Neither this chapter nor any of its provisions shall be construed to impair or limit in any way the power of the Town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this chapter by criminal process as authorized by G.S. 14-4 and section 151.99, and by the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.

(Code 1979, § 151.21; Ord. of 7-6-1981)

Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 151.32 through 151.37. No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 151.32 through 151.37.

(Code 1979, § 151.31; Ord. of 7-6-1981)

Cross reference— Penalty, see § 151.99.

(a)

Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle and shall not be rotted, deteriorated or damaged, and shall not have holes or cracks which might admit rodents.

(b)

Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.

(c)

Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.

(d)

Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in such condition that they will not fall or collapse.

(e)

Adequate facilities for egress in case of fire or panic shall be provided.

(f)

Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials which will, by use of reasonable household methods, promote sanitation and cleanliness and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces.

(g)

The roof, flashings, exterior walls, basement walls, floor and all doors and windows exposed to the weather shall be constructed and maintained so as to be weathertight and watertight.

(h)

There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard.

(i)

There shall be no use of the ground for floors, or wood floors on the ground.

(Code 1979, § 151.32; Ord. of 7-6-1981)

Cross reference— Penalty, see § 151.99.

(a)

Plumbing system.

(1)

Each dwelling unit shall be connected to a potable water supply and to the public sewer or other approved sewage disposal system.

(2)

Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet and adequate supply of both cold and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.

(3)

All plumbing fixtures shall meet the standards of the Town plumbing code and shall be maintained in a state of good repair and in good working order.

(4)

All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of the same. The water closet and tub or shower shall be located in a room affording privacy to the user.

(b)

Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with either subsection (b)(1) or (2) of this section.

(1)

Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity so as to heat all habitable rooms, bathrooms and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of 70 degrees Fahrenheit, measured at a point three feet above the floor during ordinary winter conditions.

(2)

Other heating facilities. Where a central electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues or gas vents whereby heating appliances may be connected so as to heat all habitable rooms with a minimum temperature of 70 degrees Fahrenheit, measured three feet above the floor during ordinary winter conditions.

(c)

Electrical system.

(1)

Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor-or wall-type electric convenience receptacles connected in such manner as determined by the Town electric code. There shall be installed in every bathroom, water closet room, laundry room and furnace room at least one supplied ceiling-or wall-type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room, each such habitable room shall contain at least three floor-type or wall-type electric convenience receptacles.

(2)

Every public hall and stairway in every multiple-dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient.

(3)

All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used and installed in accordance with the Town electrical code.

(Code 1979, § 151.33; Ord. of 7-6-1981)

Cross reference— Penalty, see § 151.99.

(a)

General. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be ten percent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstructing structures are located less than five feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15 percent of the total floor area of such room.

(b)

Habitable rooms. Every habitable room shall have at least one window or skylight which can easily be opened or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45 percent of the minimum window area size or minimum skylight-type window size as required, or shall have other approved, equivalent ventilation.

(c)

Bathroom and water closet rooms. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an approved ventilation system.

(Code 1979, § 151.34; Ord. of 7-6-1981)

Cross reference— Penalty, see § 151.99.

(a)

Room sizes. Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the Town residential building code.

(b)

Ceiling height. At least half of the floor area of every habitable room shall have a ceiling height of not less than seven feet and six inches.

(c)

Floor area calculation. Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area within the dwelling unit may count for not more than ten percent of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than 4½ feet shall not be considered as part of the floor area computing the total area of the room to determine maximum permissible occupancy.

(d)

Cellar. No cellar shall be used for living purposes.

(e)

Basement. No basement shall be used for living purposes unless:

(1)

The floor and walls are substantially watertight.

(2)

The total window areas, total openable window area and ceiling height are equal to those required for habitable rooms.

(3)

The required minimum window area of every habitable room is entirely above the grade adjoining such window area, except where the windows face a stairwell, window well or accessway.

(Code 1979, § 151.35; Ord. of 7-6-1981)

Cross reference— Penalty, see § 151.99.

(a)

Exterior foundation, walls and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weathertight and rodent-proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or other protecting covering to prevent the entrance or penetration of moisture or weather.

(b)

Interior floor, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent-proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

(c)

Windows and doors. Every window, exterior door, basement or cellar door and hatchway shall be substantially weathertight, watertight and rodent-proof, and shall be kept in sound working condition and good repair.

(d)

Stairs, porches and appurtenances. Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.

(e)

Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(f)

Supplied facilities. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.

(g)

Drainage. Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water.

(h)

Noxious weeds. Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to health.

(i)

Egress. Every dwelling unit shall be provided with adequate means of egress as required by the Town building code.

(Code 1979, § 151.36; Ord. of 7-6-1981)

Cross reference— Penalty, see § 151.99.

(a)

Screens. In every dwelling unit, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self-closing device. Every window or other device with openings to outdoor space, used or intended to be used for ventilation, likewise shall be supplied with screens installed.

(b)

Rodent control. Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents shall be supplied with screens installed or such other approved device as will effectively prevent their entrance.

(c)

Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.

(d)

Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by town ordinances and the owner, operator or agent in control of such dwelling or dwelling unit shall be responsible for the removal of rubbish.

(e)

Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit or an incinerator unit to be approved by the Building Inspector, in the structure for the use of the occupants of each dwelling unit or an approved outside garbage can as required by town ordinances.

(Code 1979, § 151.37; Ord. of 7-6-1981)

Cross reference— Penalty, see § 151.99.

All of the provisions of this chapter, and all of the minimum standards and requirements of this chapter, shall be applicable to rooming houses and to every person who operates a rooming house, or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as provided in the following divisions:

(1)

Water closet, hand lavatory and bath facilities. At least one water closet, lavatory basin and bathtub or shower, properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house whenever such facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway, and shall be not more than one story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar.

(2)

Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over, and at least 35 square feet of floor area for each occupant under 12 years of age.

(3)

Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, ceilings and for the sanitary maintenance of every other part of the rooming house; and he/she shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the operator.

(4)

Sanitary facilities. Every water closet, flush urinal, lavatory basin, and bathtub or shower required by subsection (1) of this section shall be located within the rooming house and within rooms which afford privacy and are separate from habitable rooms, and which are accessible from a common hall and without going outside the rooming house or through any other room therein.

(Code 1979, § 151.38; Ord. of 7-6-1981)

Cross reference— Penalty, see § 151.99.

(a)

It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve the same or to vacate and cease and remove or demolish the same, upon order of the Building Inspector duly made and served as herein provided, within the time specified in such order, and each day that any such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense.

(b)

It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to section 151.17, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing, and each day that such occupancy continues after such described time shall constitute a separate and distinct offense.

(c)

The violation of any provision of this chapter shall constitute a misdemeanor as provided by G.S. 14-4.

(Code 1979, § 151.99; Ord. of 7-6-1981)