§ 20-32. Definitions.

The following definitions shall apply in the interpretation and enforcement of this Ordinance:

Deterioration shall mean that a dwelling can be repaired, altered, or improved to comply with all of the minimum standards established by this Ordinance at a cost not in excess of 50 percent of its fair market value, as determined by finding of the Public Officer.

Dilapidated shall mean that a dwelling cannot be repaired, altered or improved to comply with all of the minimum standards established by this Ordinance except at a cost in excess of 50 percent of its fair market value, as determined by finding of the Public Officer.

Dwelling shall mean any building, structure, manufactured home or 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. Any manufactured home or mobile home used solely for a seasonal or vacation purpose shall not be regarded as a dwelling. Temporary housing hereinafter defined, shall not be regarded as a dwelling. The term shall include within its meaning the terms rooming house and rooming unit, as hereinafter defined.

Dwelling unit shall mean any room or group of rooms, including a bathroom with commode or urinal and tub or shower used exclusively in connection with the occupancy of the unit, located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping and cooking.

Enclosed room shall mean a floor space in a dwelling or dwelling unit which by the use of fixed partitioning walls and doors is wholly separated from any other floor space.

Extermination shall mean 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 method approved by the Public Officer.

Garbage means animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food including the combustible and non-combustible waste material resulting therefrom including paper, rags, cartons, boxes, tin cans, glass and dust and similar household waste.

Gender. Words having a masculine gender shall include the feminine and neuter genders.

Habitable room shall mean 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 shall mean 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 the public.

Let shall mean to rent to another for money or other valuable consideration.

Manufactured home or mobile home shall mean a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. As used in this Ordinance, "mobile home" also means a double-wide mobile home which is two or more portable manufactured housing units designed for transportation on their own chassis, which connect on site for placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width.

Multiple dwelling shall mean any dwelling containing two or more dwelling units.

Occupant shall mean any person living, sleeping, cooking or eating in or having actual possession of a dwelling, dwelling unit or rooming unit.

Operator shall mean any person who has charge, care or control of a building, or any part thereof, in which dwelling units or rooming units are let.

Owner shall mean any person who alone, jointly, or severally with others:

(a)

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

(b)

Shall have charge, care or control of any, dwelling, dwelling unit or rooming unit, as owner or agent of the actual 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 Ordinance, and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

Party or Parties in interest shall mean all persons who have interests of record in a dwelling, dwelling unit or rooming unit and any persons who are in possession thereof.

Person shall mean any individual, corporation, firm, partnership, association, organization or other legal entity.

Plumbing shall mean and include all of the following 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, commodes, urinals, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures, together with all connections to water, sewer or gas lines.

Premises shall mean the dwelling, its appurtenant structures, and so much of the adjoining and surrounding land as is used or is reasonable or necessary for its use as a habitation for human occupants.

Public authority shall mean the Orange County Housing Authority or any officer who is in charge of any department or branch of the government of Orange County or the State of North Carolina relating to health, fire, building regulations or other activities concerning dwellings in the County.

Public officer shall mean the officer or officers employed by the County and designated by the County Manager as the officer authorized to exercise the powers prescribed by this Ordinance. Any such public officer shall be a qualified code-enforcement official as defined and provided in North Carolina General Statutes § 143-151.8 et seq. (Article 9B, North Carolina Code Officials Qualification Board).

Renter occupied shall mean occupied by a person other than the owner pursuant to an oral or written agreement between the owner and the occupant to let the premises.

Rooming house shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner operator to three or more persons who are not related by blood, adoption, or marriage to the owner or operator.

Rooming unit shall mean any room or group of rooms including or not including a private bath forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating.

Rubbish shall mean combustible and non-combustible waste material, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible material, cartons and boxes, tree branches, yard trimmings and other large discarded articles.

Supplied shall mean paid for, furnished, or provided by, or under the control of, the owner or operator.

Temporary housing shall mean 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 shall mean that conditions exist in a dwelling, dwelling unit, rooming house or rooming unit which violate or do not comply with one or more of the minimum housing standards established by this Ordinance.

Words having certain meaning. Whenever the words "dwelling, dwelling unit, rooming house, rooming unit, premises" are used in this Ordinance they shall be construed as though they were followed by the words "any part thereof."

(Ord. of 2-21-1984, art. 2, eff. 7-1-1984)

Cross reference

Definitions generally, § 1-2.