BE IT ORDAINED by the Board of Commissioners of the Town of
Wilkesboro, North Carolina:
Part 1. That Chapter 5, Article IV, Sections 5-56 through 5-60
is hereby repealed and Sections 5-39 through 5-55 is hereby renamed and
rewritten in its entirety to read as follows:
"ARTICLE V. MINIMUM HOUSING STANDARDS
Section 5-39 Findings; Purpose;
Authority.
Pursuant to Section 160A-441 of the General Statutes of
North Carolina, it is hereby found and declared that there exist 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 dwellings unsafe and unsanitary, and dangerous and detrimental
to the health, safety and morals, and otherwise inimical to the welfare of the
residents of the Town.
In order to protect the health, safety and welfare of the
residents of the Town, as authorized by Part 6 of Article 19, Chapter 160A of
the General Statutes of North Carolina, it is the purpose of this Article to
establish minimum standards of fitness for the initial and continued occupancy
of all buildings used for human habitation, as expressly authorized by Section
160A-444 of the General Statutes of North Carolina.
In addition, it is hereby found and declared, under the
authority of North Carolina General Statutes 160A-174, that there exist in the
Town dwellings which, although not meeting the classification as unfit for
human habitation, fail to fully comply with all the minimum standards for
housing fitness as established herein and therefore have present one or more
conditions which are inimical to the public health, safety and general
welfare. Such conditions, if not
corrected can lead to deterioration and dilapidation of dwellings which render
them unfit for human habitation.
Section 5-40 Scope.
(a)
This Article is hereby declared to be remedial and shall
be construed to secure the beneficial interests and purposes thereof which are
public safety, health and general welfare through structural strength,
stability, sanitation, adequate light and ventilation and safety to life and
property from fire and other hazards incident to the construction, alteration,
repair, removal, demolition, use and occupancy of dwellings, apartment houses,
rooming houses or buildings, structures or premises used or intended for use as
such.
(b)
The provisions of this Article shall apply to all
existing housing and to all housing hereafter constructed within the corporate
limits of the Town. Portable, mobile or
demountable buildings or structures, including trailers, manufactured homes and
mobile homes when used or intended for use for housing within the jurisdiction,
shall be subject to the applicable provisions of this Article. This Article establishes minimum
requirements for the initial and continued occupancy of all buildings used for
human habitation and does not replace or modify requirements otherwise
established for the construction, repair, alteration or use of buildings,
equipment or facilities except as provided in this Article.
(c)
The provisions of this Article shall also apply to
abandoned structures which are found by the Board of Commissioners to be 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 conditions.
Section 5-41 Definitions.
The following definitions shall apply in the
interpretation and enforcement of this Article:
Abandoned Structure. Any structure, whether designed and intended
for residential or other uses, which has been vacant or not in active use,
regardless of purpose or reason, for the past two-year period and which is
determined by the Housing Inspector to be unfit for human habitation or
occupancy based upon the standards as set forth in this Article.
Basement. A portion of a building which is located
partly underground, having access to light and air from windows located above
the level of the adjoining ground.
Cellar. A portion of a building located partly or
wholly underground having inadequate access to light and air from windows
located partly or wholly below the level of the adjoining ground.
Deteriorated Dwelling. 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
Article, at a cost not in excess of fifty
percent of its value, as determined by finding of the Housing Inspector.
Dilapidated Dwelling. A dwelling that is unfit for human
habitation and cannot be repaired, altered or improved to comply with
all of the minimum standards established by this Article, at a cost not in excess of fifty percent of its value, as
determined by finding of the Housing Inspector.
Dwelling. Any building, structure, manufactured home
or mobile home, or part thereof, used and occupied for human habitation or
intended to be so used, and includes any accessory buildings and structures and
appurtenances belonging thereto or usually enjoyed therewith, except that it
does not include any manufactured home or mobile home, which is used solely for
a seasonal vacation purpose.
Dwelling Unit. 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. The control and elimination of insects,
rodents or other pests by eliminating their haborage 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 Housing Inspector.
Garbage. The animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
Habitable room. 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.
Housing Inspector. The person appointed by the Town Manager to
carry out the administration and enforcement of this Article.
Infestation. 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.
Manufactured Home (Mobile
Home). A structure as
defined in G.S. 143-145(7).
Multiple Dwelling. Any dwelling containing more than two
dwelling units.
Occupant. 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. Any person who has charge, care or control of a building or part
thereof, in which dwelling units or rooming units are let.
Owner. The holder of the title in fee simple and
every mortgagee of record.
Parties in Interest. All individuals, associations and
corporations who have interests of record in a dwelling and any who are in
possession thereof.
Public Authority. Any housing authority or 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. 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 husband and wife, son or
daughter, mother or father or sister or brother of, the owner or operator.
Rooming Unit. Any room or group or rooms forming a single
habitable unit used or intended to be used for living and sleeping, but not for
cooking or eating purposes.
Rubbish. 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, tin cans, metals, mineral matter, glass crockery and
dust.
Supplied. Paid for, furnished or provided by, or under
the control of, the owner or operator.
Whenever the words
"dwelling", "dwelling unit", "rooming house",
“rooming unit" or "premises" are used in this Article, they
shall be construed as though they were followed by the words "or any part
thereof".
Section 5-42 Office of Housing
Inspector Created; Powers and Duties.
For the purposes of administering and enforcing the
provisions of this Article the office of Housing Inspector is hereby
created. The Housing Inspector shall be
appointed by the Town Manager, and shall have such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions of this
Article, including, without limiting the generality of the foregoing, in
addition to others herein granted, the following powers:
(a)
Investigations
To investigate the dwelling
and building conditions in the Town in order to determine which dwellings therein
are unfit for human habitation and dangerous, being guided in such examination
of dwellings and buildings by the requirements set forth in this Article.
(b)
Oaths, witnesses, etc.
To administer oaths and
affirmations and to examine witnesses and receive evidence.
(c)
Right of Entry
To enter upon and within
premises and dwellings for the purpose of making examinations and
investigations; provided, that such entries shall be made in such a manner as
to cause the least possible inconvenience to the persons in possession.
(d)
Warrants; Citations, etc.
To swear criminal warrants,
issue civil citations and to take such other actions as may be necessary to
carry out the enforcement procedures of this Article.
(e)
Delegation of functions, etc.
To delegate any of his
functions and powers under this Article to such officers and agents as he may
designate.
Section 5-43 Inspections.
For the purpose of carrying out the intent of this
Article, the Housing Inspector, upon proper identification, is hereby authorized
to enter, examine and survey at all reasonable times all dwellings, dwelling
units, rooming houses, rooming units an premises, including abandoned
structures. The owners or occupants or every dwelling, dwelling unit, rooming
unit, or rooming house, or the person in charge thereof, shall give the Housing
Inspector free access to such dwelling, dwelling unit, rooming house or rooming
unit, and its premises, at all reasonable times for the purposes of such
inspection, examination and survey.
Every occupant of a dwelling or dwelling unit shall give the owner
thereof, or his 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 Article or with any lawful order issued pursuant to the
provisions of this Article.
Section 5-44 Preliminary Investigations; Notices; Hearings.
Whenever a petition is filed with the Housing Inspector
by a public authority or by at least five (5) residents of the Town charging that any dwelling is
unfit for human habitation or whenever it appears to the Housing Inspector (on
his own motion) that any dwelling is unfit for human habitation, the Housing
Inspector shall, if his preliminary investigation discloses a basis for such
charges, issue and cause to be served upon the owner and parties in interest in
such dwellings a complaint stating the charges in that respect and containing a
notice that a hearing will be held before the Housing Inspector (or his
designated agent) at a place within the
Town therein fixed not less than 10 days nor more than 30 days after the
serving of the complaint; that the owner and parties in interest shall be given
the right to file an answer to the complaint and to appear in person, or
otherwise, and give testimony at the place and time fixed in the complaint; and
that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the
Housing Inspector. Upon the issuance of a
complaint and notice of hearing pursuant to this Section, the Inspector may
cause the filing of a notice of lis pendens, with a copy of the
complaint and notice of hearing attached thereto, in the Office of the Clerk of
Superior Court of Wilkes County, to be indexed and cross-indexed in accordance
with the indexing procedures of the North Carolina General Statutes. The Inspector shall cause a copy of the notice
of lis pendens to be served upon the owners and parties in interest in
the dwelling at the time of filing in accordance with Section 160A-445 of the
North Carolina General Statutes, as applicable. Upon compliance with the requirements of any order issued based
upon such complaint and hearing, the Inspector shall direct the Clerk of
Superior Court to cancel the notice of lis pendens.
Section 5-45 Dwelling Unfit for
Human Habitation.
The Housing Inspector shall determine that a dwelling is
unfit for human habitation if he finds that any one of the following
conditions exist in such dwelling:
(a)
Interior walls or vertical studs which seriously list,
lean or buckle to such an extent as to render the dwelling unsafe.
(b)
Supporting member or members which show thirty-three
(33) percent or more damage or deterioration, or non-supporting, enclosing or
outside walls or covering which shows fifty (50) percent or more of damage or
deterioration.
(c)
Floors or roofs which have improperly distributed loads,
which are overloaded or which have insufficient strength to be reasonably safe
for the purpose used.
(d)
Such damage by fire, wind or other causes as to render
the dwelling unsafe.
(e)
Dilapidation, decay, unsanitary conditions or disrepair
which is dangerous to the health, safety or welfare of the occupants or other
people in the Town.
(f)
Inadequate facilities for egress in case of fire or
panic.
(g)
Defects significantly increasing the hazards of fire,
accident or other calamities.
(h)
Lack of adequate ventilation, light, heating or sanitary
facilities to such extent as to endanger the health, safety or general welfare
of the occupants or other residents of the Town.
(i)
Lack of proper electrical, heating or plumbing
facilities required by this Article which constitutes a definite health or
safety hazard.
(j)
Lack of connection to a potable water supply and/or to
the public sewer or other approved sewage disposal system, the lack of either
one of which renders a dwelling unfit for human habitation. For the purposes of this standard, a dwelling
is not connected to a potable water supply if the water supply has been
"cut off" because of nonpayment of the water bill or otherwise or if
the system for any reason is not receiving a flow of potable water to the tap.
In addition to the ten (10) conditions stated above, any one
of which renders a dwelling unfit for human habitation, the Housing Inspector
shall determine that a dwelling is unfit for human habitation if he finds that
a dwelling fails to fully comply with seven (7) or more of the following
enumerated standards of dwelling fitness:
Structural Integrity
(1)
Walls, partitions, supporting members, sills, joists,
rafters or other structural members shall not list, lean or buckle, shall not be
rotted, deteriorated or damaged, and shall not have holes or cracks which might
admit rodents.
Supports
(2)
Floors or roofs shall have adequate supporting members
and strength to be reasonably safe for the purpose used.
Foundations
(3)
Foundations, foundation walls, piers or other foundation
supports shall not be deteriorated or damaged.
Steps
(4)
Steps, stairs, landings, porches or other parts or
appurtenances shall be maintained in such condition that they will not fail or
collapse.
Egress
(5)
Adequate facilities for egress in case of fire or panic
shall be provided.
Interior Materials
(6)
Interior walls and ceilings of all rooms, closets and
hallways shall be furnished 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.
Weatherization
(7)
The roof, flashings, exterior walls, basement walls,
floors and all doors and windows exposed to the weather shall be constructed
and maintained so as to be weather and watertight.
Chimneys
(8)
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.
Floors
(9)
There shall be no use of the ground for floors, or wood
floors on the ground.
PLUMBING STANDARDS
Facilities
(10)
Each dwelling unit shall contain not less than a kitchen
sink, lavatory, tub or shower, water closet, and an adequate supply of both
cold water and hot water. All water
shall be supplied through an approved pipe distribution system connected to a
potable water supply. For the purposes
of this standard, a dwelling is not connected to a potable water supply if the
water supply has been "cut off" because of non-payment of the water
bill or otherwise or if the system for any reason is not receiving a flow of
potable water to the tap.
Maintenance
(11)
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.
Accessible
(12)
All required plumbing fixtures shall be located within
the dwelling and be accessible to the occupants of the same. The water closet and tub or shower shall be
located in a room or rooms affording privacy to the user.
HEATING STANDARDS
Generally
(13)
Every dwelling shall have facilities for providing heat
in accordance with either paragraph (a) or (b) below. Such facilities shall be maintained in a state of good repair and
good working order.
(a)
Central and electrical 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 to which it is connected with a
minimum temperature of seventy (70) degrees Fahrenheit measured at a point
three (3) feet above the floor during average winter conditions.
(b)
Other heating facilities. Where a central or electric heating system is not provided, each
dwelling shall be provided with sufficient electrical receptacles, fireplaces,
chimneys, flues or gas vents whereby heating appliances may be connected so as
to heat all habitable rooms, bathrooms and water closet compartments with a
minimum temperature of seventy (70) degrees Fahrenheit measured three (3) feet
above the floor during average winter conditions.
ELECTRICAL STANDARDS
Wiring
(14)
Every dwelling shall be wired for electric lights and
convenience receptacles. Every
habitable room shall contain at least two floor or wall type electrical
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, then each such habitable room shall
contain at least three floor or wall type electric convenience receptacles.
Hall Lights
(15)
Every public hall and stairway in every multiple
dwelling shall be adequately lighted by electric lights at all times when
natural light is not sufficient.
Maintenance
(16)
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 Electric Code.
VENTILATION STANDARDS
Generally
(17) 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 obstructions 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 a room, the total window area of such skylight shall equal at least fifteen percent of the total floor area of such room.
Habitable rooms
(18)
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 forty-five
percent of the minimum window area size or minimum skylight type window size as
required, or shall have other approved equivalent ventilation.
(19)
Every bathroom equipped with more than one water closet
compartment shall comply with the light and ventilation requirements for
habitable rooms.
SPACE, USE AND LOCATION STANDARDS
Room sizes
(20)
Every dwelling unit shall contain at least the minimum
room size in each habitable room as required by the Town Residential Building
Code. (Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area within
the dwelling 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 four and one-half feet shall
not be considered as a part of the floor area in computing the total area of
the room to determine maximum permissible occupancy.) Every dwelling unit shall contain at least one hundred fifty (150)
square feet of habitable floor area for the first occupant, at least one
hundred (100) square feet of additional habitable area for each of the next
three (3) occupants, and at least seventy-five (75) square feet of additional
habitable floor area for each additional occupant. In every dwelling unit and in every rooming unit, every room
occupied for sleeping purposes by one occupant shall contain at least seventy
(70) square feet of floor area, and every room occupied for sleeping purposes
by more than one occupant shall contain at least fifty (50) square feet of
floor area for each occupant twelve (12) years of age and over, and at least
thirty-five (35) square feet of floor area for each occupant under twelve (12)
years of age.
Ceiling Height
(21)
At least one-half of the floor area of every habitable
room shall have a ceiling height of not less than seven feet and six inches.
Cellar
(22)
No cellar shall be used for living purposes unless:
(a)
the floor and walls are substantially watertight;
(b)
the total window area, total openable window area and
ceiling height are equal to those required for a habitable room;
(c)
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 access way.
SAFE AND SANITARY MAINTENANCE STANDARDS
Exterior foundation, walls and
roofs
(23)
Every foundation wall, exterior wall and exterior roof
shall be substantially weather tight 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 protective covering to prevent the
entrance of penetration of moisture or the weather.
Interior floors, walls and
ceilings
(24)
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.
(25)
Every window, exterior door, basement or cellar door and
hatchway shall be substantially weather tight, water tight and rodent proof; and
shall be kept in sound working condition and good repair.
(26)
Every inside and outside stair, porch and any
appurtenances 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.
(27)
Every bathroom and kitchen 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 sound condition and good repair.
Supplied facilities
(28)
Every supplied facility, piece of equipment or utility
which is required under this Article shall be so constructed or installed that
it will function safely and effectively and shall be maintained in satisfactory
working condition.
Drainage
(29)
Every yard shall be properly graded so as to obtain
thorough drainage and so as to prevent the accumulation of stagnant water.
(30)
Every dwelling unit shall be provided with an approved
listed smoke detector installed in accordance with the manufacturer's
recommendations and listing. When
activated, the detector shall provide an audible alarm. The detector shall be tested in accordance with
and meet the requirements of UL 217, Single and Multiple Station Smoke
Detectors.
INSECT, RODENT AND INFESTATION CONTROL STANDARDS
Screens
(31)
For protection against mosquitoes, flies and other
insects ever, dwelling shall have:
(a)
Supplied and installed screens on every door opening
leading directly from the dwelling to outdoor space. Except, that sliding doors, doors with self closing devices,
doors on mobile homes with self closing devices and doors that open into rooms
of living spaces that are artificially ventilated or air conditioned are exempt
from this provision.
(b)
Supplied and installed screens on every window or other
device with an opening to outdoor space, except that this requirement shall not
apply for any room or rooms of a dwelling that are ventilated year round with
an operable and installed heating and air conditioning system.
Rodent control
(32)
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.
Infestation
(33)
Every dwelling shall be maintained in a manner to be
free of any infestations of insects, rodents or other pests. 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 dwelling unit is the only one infested. Whenever infestation exists in two or more
of the 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.
Rubbish storage and disposal
(34)
Every dwelling 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.
Garbage storage and disposal
(35)
Every dwelling 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 Inspector, in the structure for the use of the occupants of
each dwelling unit, or an approved outside garbage container as required by
Town ordinances.
ROOMING HOUSE STANDARDS
All of the provisions of this
Article, and all of the minimum standards and requirements of this Article,
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 Subsections:
Water closet, hand lavatory and bath facilities
(36)
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
wherever such facilities are shared.
All such facilities shall be located within the residence building
served, shall be directly accessible from a common hall or passageway and shall
not be 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.
(37)
Every room occupied for sleeping purposes by one
occupant shall contain at least seventy (70)
square feet of floor area, and every room occupied for sleeping purposes
by more than one occupant shall contain at least fifty (50) square feet of
floor area for each occupant twelve (12)
years of age and over and at least thirty-five (35) square feet of floor
area for each occupant under twelve (12) years of age.
(38)