1. Pursuant to G.S. §160D-1201, it is hereby found and declared that there exist in the City of Raleigh and its extraterritorial jurisdiction dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such dwellings unsafe or insanitary, or dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the City and its extraterritorial jurisdiction.
2. 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.
3. All building construction and residential properties shall comply with the North Carolina Building Code, North Carolina Residential Code and all applicable technical codes.

In any case where a provision of this Article is found to be in conflict with a provision of any zoning, building, fire, safety or health provision of this UDO or ordinances or codes of the City, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

No person shall occupy or let to another for occupancy, any dwelling unit for the purpose of human habitation which does not comply with the following minimum requirements:

1. Basic Equipment and Facilities
   1. Kitchen Sink
      Every dwelling unit shall contain a kitchen sink, free from corrosion and leaks, in good working condition and properly connected to a water and sewer system approved by the City. The kitchen sink shall have hot and cold running water.
   2. Toilet and Sink
      Every dwelling unit shall contain a room separate from the habitable rooms which affords privacy with a door and operable lockable door hardware, and which is equipped with a flush toilet and a sink in good working condition and properly connected to a water and sewer system approved by the City. The sink shall have hot and cold running water, and be free from corrosion and leaks. Access to such room shall be through a weathertight area.
   3. Bathtub and Showers
      Every dwelling unit shall contain a room separate from the habitable rooms which affords privacy with a door and operable lockable door hardware, and which is equipped with a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the City. The bathtub or shower shall have hot and cold running water, and be free from corrosion and leaks.
   4. Hot Water Facilities
      Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of hot water to be drawn at every required sink, bathtub, shower and laundry facility at a temperature between 110 and 140 degrees.
   5. Heating
      Every dwelling unit shall have heating facilities installed and maintained according to Sec. 11.6.3.C.15.
2. Light and Ventilation
   1. Every existing habitable room shall be provided with a window with a minimum of 6 square feet or a gravity or mechanical ventilation system capable of providing one air change every 30 minutes approved by the City.
   2. Basements and cellars with habitable space and every sleeping room shall have at least 1 operable emergency escape and rescue window or an exterior door opening for escape and rescue.
   3. Every habitable room shall have at least 1 window or skylight which can easily be opened directly to the outside, or such other device as will adequately ventilate the room. The total of operable 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 in Sec. 11.6.3.B.1. above, except where there is supplied some other device affording adequate ventilation and approved by the City.
   4. Every habitable room of every building shall contain at least 2 separate floor and/or wall-type electric convenience outlets and every toilet compartment, bathroom, laundry room, furnace room, entrance, exitway, and public hall shall contain at least 1 supplied ceiling or wall-type electric light fixture. Every such outlet and fixture shall be connected to the source of electric power in a safe manner. The electrical service serving a dwelling unit shall be of sufficient capacity to carry the demand load as determined by the State adopted Electrical Code.
   5. Every public hall and stairway in every multiple dwelling serving 5 or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than 4 dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.
   6. Bathrooms, toilet compartments and similar rooms shall be provided with aggregate glazing area in windows of not less than 3 square feet, one-half of which must be operable, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet shall discharge to the outdoors and shall not be re-circulated.
3. Sanitary Maintenance, Safety and Structural Standards
   No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:
   1. Screening for Insects and Rodents
      1. For protection against mosquitoes, flies and other insects, every door opening directly from a dwelling or dwelling unit to outdoor space shall have a screened door with a self-closing device; and every window or other device with openings to outdoor space used, designed or intended to be used for ventilation shall be likewise provided with screens. Screens shall be not less than 16 mesh per inch. Dwelling units containing central air conditioning equipment or window-type air conditioning units which will satisfactorily cool and ventilate the dwelling unit are not required to have screens in door and window openings.
      2. Every basement or cellar window used or intended to be used for ventilation and every other opening which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.
      3. Screens shall be provided for all enclosed crawl space vents.
      4. Screens shall fit openings snugly and shall not be torn or otherwise defective.
      5. Screens shall not be permanently fixed to the window frame or sash by nail, staples, screws or any other permanently fixed means. Screens shall be attached so as to be easily removed.
   2. Foundations
      1. A foundation wall shall support the building at all points and shall be free of holes and cracks which would admit rodents, water or dampness to the interior of the building or which lessen the capability of the foundation to support the building.
      2. Crawl space shall be graded so as to prevent any standing water.
      3. Footings shall be sound and have adequate bearing capacity.
      4. Piers shall be sound with no loose mortar or masonry.
      5. No pier in which the plumb line from top center falls outside the middle 1/3 of the pier base shall be allowed.
      6. No stiff knees shall be used in place of footing and pier requirements in paragraphs c. and d. above.
   3. Floors
      1. There shall be no decayed, insect-damaged, termite-damaged, fire damaged, broken, overloaded or sagging girders, floor joists or sills that adversely affect the structural integrity of the building framing system.
      2. Girders, floor joists and sills shall be properly supported and reasonably level.
      3. Girders, floor joists and sills shall not be decayed, overloaded, sagging or broken so as to adversely affect the structural integrity of the floor framing system.
      4. Flooring shall be weathertight without holes or cracks which permit excessive air to penetrate rooms.
      5. Flooring shall be reasonably smooth. There shall be no decayed or fire damaged material so as to adversely affect the structural integrity of the flooring system.
      6. There shall be no loose flooring.
      7. Floors shall be reasonably level.
      8. Every toilet compartment, bathroom, kitchen and other similar floor surface shall be constructed and maintained so as to permit such floor to be easily kept in a clean and sanitary condition. The floor surfaces shall be covered with a non-absorbent material and be made watertight.
   4. Walls, Exterior
      1. There shall be no wall in which the plumb line from the top to the floor exceeds 3 inches out of plumb.
      2. Walls shall be structurally sound.
      3. There shall be no broken, cracked or fire damaged structural members.
      4. There shall be no decayed, insect-damaged or termite-damaged studs.
      5. All siding shall be weathertight, with no holes or excessive cracks or decayed boards which permit excessive air or moisture to penetrate rooms.
      6. There shall be no loose siding.
      7. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences shall be maintained in good condition. Exterior surfaces not inherently resistant to deterioration shall be treated with a protective coating or covering and maintained in good repair to prevent deterioration. Exterior wood surfaces other than decay-resistant woods shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from any exterior surfaces, except for surfaces designed to be stabilized by oxidation.
      8. Approved corrosion-resistant flashing shall be provided in the exterior wall envelope in such a manner to prevent entry of water into the wall cavity or penetration of water to the building structural framing components. Aluminum flashing may not be used in contact with cementitious material or treated woods.
      9. Only standard building materials deemed acceptable by general building standards as set forth by this UDO, the North Carolina Building Code, the North Carolina Residential Code, and as confirmed by the Inspector, shall be used to repair exterior walls.
   5. Walls, Interior
      1. The interior finish shall be free of holes and cracks which permit excessive air or moisture to penetrate rooms.
      2. No loose plaster, loose boards or other loose wall materials shall be allowed.
      3. Only standard building materials deemed acceptable by general building standards as set forth by this UDO, the North Carolina Building Code, the North Carolina Residential Code, and as confirmed by the Inspector, shall be used on a wall to prevent air or moisture intrusion.
      4. There shall be no decayed, insect-damaged or termite-damaged studs.
      5. There shall be no broken or cracked studs or other broken or cracked structural members allowed.
      6. Only standard building materials deemed acceptable by general building standards as set forth by this UDO, the North Carolina Building Code, the North Carolina Residential Code, and as confirmed by the Inspector, shall be used to repair interior walls.
   6. Ceilings
      1. There shall be no joists which are decayed, broken, sagging, or improperly supported.
      2. There shall be no holes or excessive cracks which permit air or moisture to penetrate rooms.
      3. There shall be no loose plaster, boards, gypsum wall board, or other ceiling finish.
      4. Ceiling joists shall be structurally sound.
      5. Only standard building materials deemed acceptable by general building standards as set forth by this UDO, the North Carolina Building Code, the North Carolina Residential Code, and as confirmed by the Inspector, shall be used on a ceiling to prevent air or moisture intrusion.
   7. Roofs
      1. There shall be no rafters which are decayed, broken, or improperly supported.
      2. No rafters shall be damaged by fire.
      3. Sheathing shall not be loose and shall be structurally sound.
      4. No loose roof covering shall be allowed, nor shall there be any holes or leaks which could cause damage to the structure.
      5. There shall be proper flashing at walls and roof penetrations. The roof and flashing shall be sound, tight, and have no defects that admit rain.
      6. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.
      7. Roof water shall not be discharged in a manner that creates a public nuisance.
      8. No live or dead vegetation, tree branches or other debris that affects roof drainage or future roof degradation shall be allowed to remain on the roof structure.
      9. New roof coverings shall not be installed without first removing existing roof covering where any of the following conditions exist:
         1. The existing roof or roof covering is water-soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing;
         2. The existing roof covering is wood shake, slate, clay tile, cement tile or asbestos-cement tile; or
         3. The existing roof has 2 or more applications of any type of roof covering.
   8. Exterior and Interior Windows and Doors
      1. All exterior windows and doors shall be reasonably weathertight, shall have no broken glass, and shall have adequate operable locks and hardware. Clasp locks and hasp locks are not acceptable locks and hardware.
      2. All interior doors and hardware shall be in good repair.
      3. Every window, skylight, door and frame shall be kept in sound condition and good repair. All glazing materials shall be maintained free from cracks and holes. Every window, other than a fixed window, shall be easily operable and capable of being held in position by window hardware.
      4. Plastics (plexiglass) shall not be used as glazing unless in compliance with ASTM requirements ASTM 84, ASTM D 2843 and combustibility classifications CC1 and CC2.
      5. Covers, screens or similar devices are permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve such openings, provided such devices are capable of being released or removed from the inside without the use of a key, tool or force greater than that required for normal operation of the opening.
      6. Bars, grills or similar devices are not permitted to be placed over emergency escape and rescue openings, bulkhead enclosures or window wells that serve such openings.
   9. Means of Egress
      1. There shall be a minimum of 1 exit from each dwelling unit for one or two family dwellings or townhomes, in accordance with the North Carolina State Building Code.
      2. The exit provisions shall conform to the requirements established for multi-family dwellings, excluding one or two family dwellings or townhomes, in accordance with the North Carolina Residential Building Code.
      3. Every exterior stairway, deck, porch and balcony, exits, and all attached appurtenances, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
      4. Platforms, steps, and/or handrails provided to serve exits shall be structurally sound, in good repair, with proper anchorage and capable of supporting any imposed loads.
      5. There shall be a safe, continuous and unobstructed exitway from the interior of the building to the exterior at street or grade level.
   10. Porches and Decks
       1. Foundation, floor, ceiling and roof shall be equal to standards set forth above, except sills, girders and joists need not be level if providing drainage of floors; floors need not be weathertight; ceiling height shall be not less than 7 feet.
       2. Roof post and attached railings if provided, shall be structurally sound.
       3. Every porch, terrace or entrance platform located at least 30 inches above the adjacent finished grade shall be equipped with guardrails not less than 36 inches high. Required guardrails on open sides of stairways, raised floor areas, balconies and porches shall have intermediate rails or ornamental closures that do not allow passage of an object 6 inches or more in diameter. Horizontal spacing between the vertical members in required guardrails shall be a maximum of 4 inches at the nearest point between members. Triangular openings formed by the riser, tread and bottom rail of a guard at the open side of a stairway may be of such a size that a 6-inch sphere cannot pass through.
   11. Stairs and Steps
       1. Stairs and steps shall not be decayed and shall be in good repair. Exterior repairs shall be made with materials for exterior use application, no interior building materials shall be allowed for exterior stairs, steps, decks, rails, treads or similar exterior appurtenances.
       2. Every rail shall be firmly fastened and maintained in good condition.
       3. No flight of stairs more than 1 inch out of its intended position or pulled away from supporting or adjacent structures shall be allowed.
       4. Supports shall not sag and shall be structurally sound.
       5. Every stair tread shall be sound and securely fastened.
       6. Open sides of stairs with a total rise of more than 30 inches above the floor or grade below shall have guardrails not less than 34 inches in height measured vertically from the nosing of the treads. Required guards on open sides of stairways, raised floor areas, balconies and porches shall have intermediate rails or ornamental closures that do not allow passage of an object 6 inches or more in diameter. Horizontal spacing between the vertical members in required guardrails shall be a maximum of 4 inches at the nearest point between members. Triangular openings formed by the riser, tread and bottom rail of a guard at the open side of a stairway may be of such a size that a 6-inch sphere cannot pass through.
   12. Electrical
       1. No outlets, receptacles, luminaries, smoke detectors, carbon monoxide detectors, switches or other fixtures shall be broken or hanging loose.
       2. All outlets, receptacles, luminaries, smoke detectors, carbon monoxide detectors, switches and other fixtures shall be safely operable.
       3. Receptacle replacements for existing dwellings shall comply with the State adpoted National Electrical Code.
       4. Every habitable room of every building shall contain not less than 2 separate floor or wall-type electric convenience outlets and every toilet compartment, bathroom, laundry room, furnace room, entrance, exitway, and public hall shall contain at least 1 supplied ceiling or walltype electric light fixture as required by Sec. 11.6.3.B.4. Every such outlet and fixture shall be connected to the source of electric power in a safe manner.
       5. There shall be installed in every habitable room, bathroom, laundry room, hallway, stairway and furnace room at least 1 supplied ceiling or wall type electrical light fixture provided, further, that the ceiling light fixture may be omitted in living room and bedrooms, provided 3 electrical convenience receptacles are installed, one of which is controlled from a wall switch.
       6. All new wiring shall comply with manufacturer's installation requirements and the NEC requirements as approved by State of North Carolina.
       7. Luminaries (light fixtures) shall be of such construction or installed in such a way that the conductors in outlet boxes shall not be subjected to temperatures greater than that for which the conductors are rated.
       8. All wiring shall be safe. No circuits shall be overloaded. All circuits shall be provided with proper over-current protection; no over-current protection shall be bridged; there shall be no bare wires, open joints or open spliced cables; there shall be no open spaces in the panel box.
       9. The electric service, including the wiring serving every dwelling, shall be of sufficient capacity to carry the demand load as determined by the current adopted electrical code.
       10. All wiring shall be properly protected from physical damage.
       11. All metal components of the electrical system shall be properly bonded and grounded.
       12. Main or distribution panel boxes shall not be double lugged, shall have no open unused openings, shall utilize proper connectors, be properly labeled, utilize only approved over-current devices and be properly grounded and bonded.
       13. Where it is found that the electrical system in a structure constitutes a hazard to the occupants of the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for other similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
       14. All appliances shall be properly installed and function for the purpose intended
       15. A 20-amp branch circuit and receptacle shall be provided as a laundry circuit.
       16. Extension cords shall not be used to replace permanent wiring methods.
       17. Every occupied building shall be provided with an electrical system in compliance with the requirements of this Section.
   13. Plumbing
       1. All plumbing fixtures and waste pipes shall be properly installed and maintained in good sanitary working order, and be kept free from obstructions, leaks and defects, and be capable of performing the function for which such plumbing fixtures are designed.
       2. Every sink, lavatory, bathtub and shower, water closet or plumbing fixture shall be properly connected to either a public water system or to an approved private water system.
       3. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture.
       4. Fixtures, including water closets, shall not be cracked, broken, leaking or loose from the floor or wall, as applicable.
       5. Tub and shower stall floors and walls shall be watertight.
       6. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from leaks and defects.
       7. There shall be adequate facilities for furnishing hot and cold water to each tub or shower, lavatory, and kitchen sink. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature between 110 and 140 degrees Fahrenheit. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. New installations shall also require a means of disconnection in accordance with the Electrical Code.
       8. There shall be installed a toilet, tub or shower, lavatory and kitchen sink for each dwelling unit.
       9. There shall be separate toilet facilities for each dwelling except as provided in Sec. 11.6.3.D.1. for room units or bed and breakfast inns.
       10. Toilet and bathing facilities shall be protected from the weather.
       11. All water piping shall be protected from freezing by proper installation in protected space.
       12. Sewer and water lines shall be properly supported, with no broken or leaking lines. Every plumbing stack, vent, waste and sewer line shall function properly and be kept from obstructions, leaks and defects.
       13. Every supplied facility required under this UDO shall be so constructed, installed or connected that it will function safely and effectively and shall be maintained in a satisfactory working condition. It shall be unlawful for any person to willfully or maliciously deposit any material in any toilet, bathtub or other plumbing fixture which may result in the obstruction of any sanitary sewer. Any liability on the part of the occupant shall not relieve the owner of the responsibility of cleaning any resulting blockage.
   14. Heating
       1. All occupied dwelling units shall have heating facilities, central or as otherwise deemed acceptable by the North Carolina Building Code.
       2. Heating facilities shall be properly installed and maintained in good and safe working condition and capable of safely and adequately heating all habitable rooms, bathrooms and toilet compartments.
       3. Every occupied dwelling unit shall have a heating appliance with a minimum capacity of 12,000 BTU output so as to heat all habitable rooms to a minimum temperature of 65 degrees Fahrenheit, measured 3 feet above the floor with an outside temperature of 25 degrees Fahrenheit. As an alternative, a professional engineer or a North Carolina licensed HVAC contractor may provide calculations that the room designated can be heated accordingly by a heating unit with lesser capacity.
       4. Every bathroom or toilet compartment which does not open directly from a room having a source of heat shall be provided with a heating source deemed acceptable by this UDO, the North Carolina Building Code, the North Carolina Residential Code and as confirmed by the Inspector.
       5. All electric, gas and oil burning equipment installed on the premises shall be of a type approved by Underwriters' Laboratories, Inc., or by American Gas Association and shall be installed in accordance with the provisions of the manufacturers' recommendations or listing.
       6. Chimneys shall have no loose bricks or mortar; flues shall have no holes.
       7. Gas appliances shall not be located in, or obtain combustion air from, sleeping rooms, bathrooms, toilet rooms or storage closets. This shall not apply to:
          1. Direct vent appliances that obtain all combustion air directly from the outdoors;
          2. Vented room heaters, wall furnaces, vented decorative appliances and decorative appliances for installation in vented solid fuel-burning fireplaces; provided that the room is not a confined space and the building is not of unusually tight construction;
          3. A single wall-mounted unvented room heater equipped with an oxygen depletion safety shutoff system and installed in a bathroom, provided that the input rating does not exceed 6,000 BTU per hour and the bathroom is not a confined space; and
          4. Appliances installed in a dedicated enclosure in which all combustion air is taken directly from the outdoors. Access to such enclosures shall be through a solid door that is weather-stripped and equipped with an approved self-closing device.
       8. There shall be no hanging masonry chimneys.
       9. Thimbles shall be grouted in tight.
       10. Thimbles shall be installed high enough for the stovepipe to rise ¼ inch per foot minimum.
       11. Fireplaces shall be used only for supplemental heat and not for basic heating.
       12. Hearth extension shall be at least 16 inches deep and 8 inches beyond each side of the fireplace opening.
       13. Combustible materials shall not be within 6 inches of either side of the fireplace opening or within 12 inches above the fireplace opening.
       14. If the fireplace opening is closed, the closure shall be of noncombustible material and airtight.
       15. Any stove shall be within 6 feet of the thimble serving it.
       16. No stovepipe shall be routed through combustible walls unless specifically approved for installation in combustible walls.
       17. No combustible materials shall be within 12 inches of the stovepipe.
       18. All mechanical appliances, fireplaces, solid-fuel burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
       19. A supply of air for complete combustion of fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
       20. Dryer exhaust ducts for clothes dryers shall terminate on the outside of the building and shall be equipped with a back-draft damper. Screens shall not be installed at the duct termination. Ducts shall not be connected or installed with sheet metal screws or other fasteners that will obstruct the exhaust flow. Clothes dryer ducts shall not be connected to a vent connector, vent or chimney.
       21. Portable heaters are not acceptable as a permanent source of heat but they may be used as a supplementary unit in one- and two-family dwelling units. No owner shall be held to be in violation of this UDO when an occupant is using a portable heater as a source of heat as long as the owner has complied with paragraph c. above.
   15. Smoke and Carbon Monoxide Detectors
       1. Every owner of a rental residential dwelling unit shall comply with G.S. 42-42 for smoke detectors and carbon monoxide detectors and shall install a smoke detector mounted on the ceiling or wall on every level, at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes and in common stairwells in each dwelling unit as provided in §5-2041 of the Raleigh City Code.
       2. Every owner of an existing residential dwelling shall comply with North Carolina Residential Code Section 313. In existing dwellings, where interior alterations, repairs, fuel-fired appliance replacements, or additions requiring a permit occurs, or where one or more sleeping rooms are added or created, carbon monoxide alarms shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms as directed by the alarm manufacturer.
       3. The owner of every residential dwelling unit where a smoke detector is installed pursuant to §5-2041 shall maintain and insure that the smoke detector is kept in good working order at all times. If a battery-operated smoke detector is used, the batteries shall be replaced at least once per year.
   16. Kitchens and Bathrooms
       1. Kitchen and bathroom counter tops and cabinets shall be constructed and maintained so as to permit the counter top and cabinets to be easily kept clean and in a sanitary condition.
       2. Counter tops and cabinets shall be made or covered by a non-absorbent material and shall be free from rot, water damaged wood, and broken or decayed materials which would affect the integrity of the counter top or cabinet.
       3. All cabinet doors and drawers shall be operable and have functional hardware to allowed proper operation.
       4. Kitchen and bathroom sinks shall be properly secured and sealed to prevent leakage.
   17. Temporary Interruption of Service
       No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed, shut off or disconnected from any occupied dwelling, except for such temporary interruption as may be necessary while actual repair or alterations are in process or during temporary emergencies when discontinuances of services are approved by the City.
4. Space, Use and Location
   No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
   1. Required Space in Dwelling Units
      1. Every dwelling unit shall comply with the following Schedule of Required Minimum Habitable Room Floor Area.

         Schedule of Required Minimum Habitable Room Floor Area
         Number of Persons	Required Minimum Floor Area in Square Feet
         1	150
         2	260
         3	370
         4	480
         5	590
         6	700
         7	780
         8	850
         9	950
         10	1,050
         11	1,560
         12	1,670
         13	1,780
         14	1,890
         15	2,000
         16 and greater	an additional 150 for each additional occupant

      2. A living or principal room is required and shall contain not less than 120 square feet, and any bedroom shall contain not less than 70 square feet each. The above floor areas shall be calculated only for habitable rooms.
      3. Each habitable room shall have at least 70 square feet, with the exception of kitchens.
   2. Height of Ceiling
      At least ½ of the floor area of every habitable room shall have a ceiling height of at least 7 feet; and the floor area of that part of any room where the ceiling height is less than 5 feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
   3. Access to Bath and Bedrooms
      No dwelling or dwelling unit constructed after adoption of this chapter, containing 2 or more sleeping rooms, shall have such room arrangements that access to bathroom or toilet compartment intended for use by occupant of more than 1 sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or toilet compartment.
   4. Cellars
      No cellar space shall be used as a habitable room or dwelling unit, except in compliance with the requirements of Sec. 11.6.3.D.2. above and all of the requirements for basements set forth in Sec. 11.6.3.D.5. below.
   5. Basement
      No basement space shall be used as a habitable room or dwelling unit, unless:
      1. The floor and walls are impervious to leakage of underground and surface runoff water.
      2. The total window area in each room is equivalent to the minimum window area size as identified in Sec. 11.6.3.B.3.
      3. Such required minimum window area is located entirely above the grade of the ground adjoining such window area.
      4. The total of operable window area in such habitable room is equivalent to at least the minimum required under Sec. 11.6.3.B.3.
      5. Basements with habitable space and every sleeping room shall have at least 1 operable emergency escape and rescue window or exterior door opening for emergency escape and rescue.
   6. Access Limitation of Dwelling Units to Commercial Uses
      No habitable rooms, bathroom or toilet compartment which is accessory to a dwelling unit shall open directly into or shall be used in conjunction with any room used for commercial or public purposes.
   7. Rubbish Storage Facilities
      Every dwelling, multi-family dwelling and dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by Chapter 2, "Solid Waste Collection" of Part 7 of the Raleigh City Code, and the owner, operator or agent in control of such dwelling or multi-family dwelling shall be responsible for the removal of such rubbish.
   8. Garbage Storage or Disposal Facilities
      Every dwelling or multi-family dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility as required by Chapter 2, "Solid Waste Collection," Part 7 of the Raleigh City Code.
5. Minimum Standards for Rooming Houses or Bed and Breakfast Inns
   Every person who operates a rooming house or bed and breakfast inn or who occupies or lets to another for occupancy any rooming unit in any rooming house or bed and breakfast inn shall comply with all the provisions set forth within this Article, except as otherwise provided in this section.
   1. At least 1 toilet, 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 3 rooms within a rooming house or bed and breakfast inn wherever the facilities are shared. 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. Every toilet, lavatory basin and bathtub or shower required by paragraph 1. shall be located within the rooming house or bed and breakfast inn and within a room or rooms which afford privacy, with a door and lockable hardware, and are separate from the habitable rooms.
   3. Access for every toilet, lavatory basin and bathtub or shower required by paragraph 1. shall be not more than 1 story removed from any of the persons sharing such facilities and from a common hall and without going outside the rooming house or bed and breakfast inn. Access to every toilet, lavatory basin and bathtub or shower shall comply with Sec. 11.6.3.D.3.
   4. Every room occupied for sleeping purposes by 1 occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than 1 person shall contain at least 50 square feet of floor area for each occupant thereof. Access to every sleeping room shall comply with Sec. 11.6.3.D.3.
   5. The operator of every rooming house or bed and breakfast inn shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for the sanitary maintenance of every other part of the rooming house or bed and breakfast inn; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house or bed and breakfast inn is contained is leased or occupied by the operator.
   6. Every rooming house or bed and breakfast inn owner shall provide a resident management. The resident manager's name and room number shall be placed on the primary entrance of the dwelling. The resident manager shall be required to maintain an up-to-date floor plan of the rooming house or bed and breakfast inn. This floor plan shall be posted in a conspicuous location.
   7. Every rooming house or bed and breakfast inn shall have a public telephone located within a central area of the dwelling.
   8. Every rooming house shall have a kitchen facility in compliance with Sec. 11.6.3.C.17.
   9. There shall be no living or principal room required.
   10. Every rooming house operator shall conform to the license requirements set forth in §12-2156 of the Raleigh City Code.

Occupants of dwellings, multi-family dwellings, and dwelling units, and owners or operators of rooming houses shall be responsible for maintenance thereof as provided in this section.

1. Responsibilities of Occupants
   1. Disposal of Rubbish
      Every occupant of a dwelling unit shall dispose of all rubbish in a clean and sanitary manner as required by this UDO and Chapter 2, Part 7 of the Raleigh City Code.
   2. Disposal of Garbage
      Every occupant of a dwelling unit shall dispose of garbage in a clean and sanitary manner by placing it in the garbage disposal facilities as required by Sec. 11.6.3.D. and Chapter 2, Part 7 of the Raleigh City Code.
   3. Use and Operation of Supplied Plumbing Fixtures
      Every occupant of a dwelling unit shall keep the supplied plumbing fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation.
   4. Installation and Care of Plumbing Fixtures Furnished by Occupant
      Every plumbing fixture furnished by the occupant of a dwelling unit shall be properly installed and shall be maintained in good working condition, kept clean and sanitary, and free of defects, leaks or obstructions.
   5. Extermination of Dwelling Units
      The occupants of a dwelling unit in a dwelling or multi-family dwelling shall be responsible for such extermination as when required by Sec. 11.6.4.B.2.d.
2. Responsibilities of Property Owners
   1. Exterior Property Areas
      No person shall occupy as owner-occupant or let to another for occupancy any dwelling unit for the purpose of living therein, or premises, which does not comply with the following requirements:
      1. Sanitation
         All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage.
      2. Grading and Drainage
         All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon.
      3. Noxious Weeds
         All exterior property areas shall be kept free from species of weeds or plant growth which are noxious or detrimental to the public health.
      4. Insect and Rodent Harborage
         Every owner of a dwelling or multi-family dwelling shall be responsible for the extermination of insects, rodents, vermin or other pests in all exterior areas of the premises; except that the occupant shall be responsible for such extermination in the exterior areas of the premises of a single-family dwelling. Whenever infestation exists in the shared or public parts of the premises of the other than a single-family dwelling, extermination shall be the responsibility of the owner.
      5. Accessory Structures
         All accessory structures including detached garages shall be maintained structurally sound and in good repair.
   2. Interior Areas
      No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, multi-family dwelling, dwelling unit, rooming house, rooming unit or portion thereof, for the purpose of living therein which does not comply with the following requirements:
      1. Sanitation
         The interior of every dwelling and multi-family dwelling used for human habitation shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. Rubbish, garbage, and other refuse shall be properly kept inside temporary storage facilities as required under Sec. 11.6.3.E.6. and Sec. 11.6.3.E.7.
      2. Insect and Rodent Harborage
         Buildings used for human habitation shall be kept free from insect and rodent infestation, and where insects or rodents are found they shall be promptly exterminated by acceptable processes which will not be injurious to human health.
      3. Extermination from Buildings
         Every owner of a dwelling or multi-family dwelling shall be responsible for the extermination of insects, rodents, vermin or other pests whenever infestation exists in two or more of the dwelling units, or in the shared or public parts of the structure.
      4. Extermination of Dwelling Units
         The occupants of a dwelling unit in a dwelling or multi-family dwelling shall be responsible for such extermination within the unit occupied by him whenever the occupants dwelling unit is the only unit in the building that is infested.
      5. Responsibility of Owner
         Notwithstanding the foregoing provisions, whenever infestation of rodents is caused by failure of the owner to maintain any dwelling or multi-family dwelling in a rodent-proof condition, extermination of such rodents shall be the responsibility of the owner.

1. The City is hereby designated to exercise the powers.
2. The City is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this Article, including the following powers in addition to others herein granted:
   1. To investigate the dwelling conditions in the City in order to determine which dwellings therein are unfit for human habitation;
   2. To investigate the dwelling conditions in the City in order to determine which dwellings therein are unsafe;
   3. To administer oaths, affirmations, examine witnesses and receive evidence;
   4. To enter upon premises for the purpose of making examinations, provided such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; and
   5. To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this Article, or to impose such duties upon the regularly appointed plumbing, environmental, heating and air conditioning, and electrical inspectors, as approved by the City.

1. The inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the City and its extraterritorial jurisdiction in order that the inspector may perform the duty of safeguarding the health and safety of the occupants of dwellings and of the general public. Should the owner or occupant of any dwelling refuse to permit the inspector reasonable access, such inspector shall proceed to obtain a search warrant pursuant to G.S. 15-27.2.
2. It shall be unlawful for any owner or the agent of any owner to occupy, rent or offer for occupancy or rent as a dwelling any structure or part thereof, upon which an order to repair, alter or improve, or to vacate and close, or to demolish, has been issued without said owner or agent receiving the authority to do so by the City after confirmation of the dwelling compliance with the Housing Code. If the dwelling is vacant as a result of prior inspector orders, the owner or agent must first file application for and secure a certificate of housing code compliance from the City. The City shall issue a certificate of housing code compliance when, after examination and inspection, it is found that the structure conforms to the provisions of this chapter. No fee shall be charged for the first inspection following the expiration of an order to repair, alter or improve, or to vacate and close, or to demolish a dwelling in order to ascertain compliance with inspection orders or for one inspection request following the issuance of an order to repair, alter or improve, or one inspection due to a request for inspection in order to obtain a certificate of housing compliance. For each inspection in excess of this, there shall be a charge of $60.00.
3. The following conditions are necessary for the issuance of a certificate of housing code compliance:
   1. The owner or authorized agent of any dwelling unit vacated after an order to repair or vacate and close has been issued shall apply to the City for a certificate of housing code compliance prior to the dwelling unit being reoccupied.
   2. After the repairs have been completed the property owner or agent shall make application for a certificate of housing code compliance. The City shall cause an inspection to be made of the dwelling unit specified in the application.
   3. If after examination and inspection the dwelling unit is found to conform to the provisions of this Chapter 11, a certificate of housing code compliance shall be issued to the owner of the dwelling unit.
   4. If after examination and inspection the dwelling is not found to conform to the provisions of this Chapter 11, the owner of the dwelling unit shall be provided a list of violations that must be corrected before a certificate of housing code compliance may be issued or the dwelling unit occupied.
   5. The certificate of housing code compliance shall state:
      1. The date of issue.
      2. The address of the dwelling or dwelling unit.
      3. The name of the person to whom it is issued.
      4. The certification that the dwelling or dwelling unit complies with all applicable provisions of this Chapter 11.

Whenever a petition is filed with the inspector charging that any dwelling is unfit for human habitation or whenever it appears to the inspector (on his own motion) that any dwelling is unfit for human habitation, the inspector shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties having an interest in such dwelling including lien holders and tenants, if any, as the same may be determined by reasonable diligence, a complaint setting forth the charges, The complaint shall contain a notice that a hearing will be held before the inspector (or his designated agent) at a place within the County in which the property is located therein fixed not less than 10 days nor more than 30 days after the serving of such complaint; that the owner and parties in interest shall be given a right to file an answer and to 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 inspector.

If after notice and hearing, the inspector determines that the dwelling is unfit for human habitation pursuant to the minimum housing code standards of Sec. 11.6.3., he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner other parties having an interest in the dwelling, an order stating the following:

1. If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, not to exceed 50 percent of the value, requiring the owner within the time specified, to repair, alter or improve such dwelling to render it fit for human habitation or vacate and close the dwelling as a human habitation; or
2. If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, not to exceed 50 percent of the value, requiring the owner, within the time specified in any event and not less than 90 days, to repair, alter or improve such dwelling to render it fit for human habitation, or remove or demolish such dwelling.
3. Dwellings ordered vacated and closed shall have all outer doors firmly locked and basement, cellar and first-story windows barred or boarded to prevent entry, and shall not again be used for human habitation until a Certificate of Housing Code Compliance has been issued pursuant to Sec. 11.6.6.C.
4. If the owner has vacated and closed a dwelling pursuant to an order issued by the inspector as provided in Sec. 11.6.8.A., or if a dwelling is vacated and closed by the owner by the order of an ordinance adopted by Council and remains vacated and closed for a period of 1 year pursuant to the order or ordinance; and if the Council shall find that the owner has abandoned the intent and purpose to repair, alter or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of the municipality in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this State; then in such circumstances, after the expiration of such 1-year period, the Council may enact an ordinance and serve such ordinance upon the owner, requiring that the owner either:
   1. Repair or demolish and remove the dwelling within 90 days, if the repair necessary to render the dwelling fit for human habitation would cost less than 50 percent of the present value of the dwelling; or
   2. Demolish and remove the dwelling within 90 days if the repair necessary to render the dwelling fit for human habitation would cost in excess of 50 percent of the present value of the dwelling. Such order shall be recorded in the Register of Deeds of Wake County and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this order within the time fixed by such order, then the City shall cause such dwelling to be repaired or demolished and removed pursuant to said order. The cost of such repairs, alterations, improvements, or demolition and removal shall be a lien on the property as prescribed in Sec. 11.6.14.
5. Whenever a determination is made pursuant to this Article that a dwelling must be vacated and closed, or removed, or demolished, notice of the order shall be given by first class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request with the City for such notices. No removal or demolition by action of the public officer shall occur until a minimum of 45 days has elapsed from the mailing of such notice.

1. Complaints or orders issued by an inspector shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within 10 days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.
2. If the identities of any owners or whereabouts of persons are unknown and the same cannot be ascertained by the inspector in the exercise of reasonable diligence, or if the owners are known but have refused to accept service by registered or certified mail, the inspector shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order upon such owners or persons may be made by publication in a newspaper having general circulation in the City at least once no later than the time at which personal service would be required under Sec. 11.6.7. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

1. After an inspector issues a complaint containing a notice of hearing or issues an order pursuant thereto, any inspector shall file a notice of lis pendens with the Clerk of Superior Court of the county where the property is located. A copy of the complaint containing a notice of hearing or a copy of the order shall be attached to the lis pendens. When the lis pendens is filed with the Clerk, it shall also be served on the owners and parties in interest in the building or dwelling, including any lienholders and tenants who may be determined by the exercise of reasonable diligence.
2. Any inspector may cancel the lis pendens upon a determination by that inspector that the property fully complies with the Minimum Housing Code, and Article 11.6 of this UDO. Cancellation of the lis pendens must be made in a writing signed by the inspector and filed with the Clerk of Court.

An appeal from any decision or order of the inspector pursuant to this Article may be made by the person aggrieved thereby or by any officer, board or commission of the City. Any such appeal shall be made to the Board of Adjustment and governed by the procedures set forth in G.S. §160D-1208.

If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the City may cause such dwelling to be repaired, altered or improved or to be vacated and closed; the City may cause to be posted on the main entrance of any dwelling so closed, 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." The removal of such placard when posted pursuant hereto shall be unlawful.

If the owner fails to comply with an order to remove or demolish a dwelling, the City may cause such dwelling to be removed or demolished. Provided that placarding of the premises as set forth in Sec. 11.6.12. shall not be exercised until the Council shall have by ordinance found the property to be unfit for human habitation and which property or properties were so found described in the ordinance. Such ordinance shall be recorded in Register of Deeds of Wake County and shall be indexed in the name of the property owner in the grantor index.

1. The amount of the cost of repairs, alterations or improvements to the property; vacating and closing of the property; or removal or demolition of the property by the City of Raleigh shall be a lien against the real property upon which such costs were incurred.
2. Any lien filed pursuant to this section shall have the same priority and be collected as set forth in G.S. 160A-216 et seq.
3. If the dwelling is removed or demolished by the City of Raleigh, the materials of the dwelling and any personal property, fixtures or appurtenances found in or attached to the dwelling shall be sold and the proceeds of the sale shall be credited against the cost of the removal or demolition. Any balance remaining after the sale shall be deposited with the Superior Court and shall be secured in such manner as may be directed by the court and shall be disbursed by the court to the persons found to be entitled to the proceeds thereof as established by order or decree of the court.
4. Nothing in this chapter shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement by any method authorized by this UDO, the Code or the laws of the State of North Carolina.

If any dwelling is erected, constructed, altered, repaired, converted, maintained or used in violation of this chapter or of any ordinance or code adopted or any valid order or decision of the City or board made pursuant to any ordinance or code adopted, the City or board may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate such violation, to prevent the occupancy of the dwelling, or to prevent any illegal act, conduct or use in or about the premises of the dwelling.

1. It shall be unlawful for the owner to occupy or to permit the occupancy by others or for anyone to occupy a dwelling which has been posted with the notices authorized by Sec. 11.6.12. after the time prescribed in the notice for the vacation of said dwelling. Each day's occupancy after said date shall be a separate and distinct offense.
2. If any person shall violate any provision of this chapter, he shall be guilty of a misdemeanor and shall be punished as provided by law.
3. Any owner of a dwelling who fails to comply with an order to repair, vacate and close or demolish any dwelling determined to be unfit for human habitation pursuant to the provisions contained in Sec. 11.6.7.and Sec. 11.6.8., or who permits the reoccupancy of an unfit dwelling in violation of Sec. 11.6.6. shall be subject to a civil penalty of $500.00 for the first day following the expiration of an order to repair, vacate and close or demolish any dwelling or following a determination that an unfit dwelling has been reoccupied in violation of Sec. 11.6.6.B. In each instance, a penalty of $100.00 per day shall be imposed for each subsequent day that the unfit dwelling remains in violation of an order issued pursuant to Sec. 11.6.7. and Sec. 11.6.8. or in violation of Sec. 11.6.6.B. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the City may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
4. Any owner of a dwelling whose property shall be subject to an order to repair, vacate and close, or demolish said dwelling or who permits the reoccupancy of an unfit dwelling as provided in subsection (c) shall on the second offense occurring within 1 year be subject to an additional civil penalty of $1,000.00 for the first day following the expiration of the order to repair, vacate and close or demolish said dwelling or the unlawful re-occupancy of the unfit dwelling. In each instance, a penalty of $250.00 per day shall be imposed for each subsequent day that the unfit dwelling remains in violation of the order or remains unlawfully occupied. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the City may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
5. Any owner of a dwelling who fails to comply with an order to repair, vacate and close or demolish any dwelling determined unfit for human habitation pursuant to the provisions contained in Sec. 11.6.12. and Sec. 11.6.13. shall be subject to an additional civil penalty of $1,000.00 for the first day following the effective date of a City Council Ordinance declaring said dwelling to be unfit for human habitation or ordering it to be repaired or demolished. In each instance, a penalty of $250.00 per day shall be imposed for each subsequent day that the unfit dwelling remains in violation of the Ordinance or remains unlawfully occupied. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the City may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.

In addition to any other charge, any owner of a dwelling, dwelling unit or rooming unit located within the City and its extraterritorial jurisdiction shall be subject to an administrative fee of $325.00 upon an inspection hearing disclosing violations of minimum housing code standards Sec. 11.6.3. In addition to any other charge, any owner of a dwelling, dwelling unit or rooming unit located within the City and its extraterritorial jurisdiction shall be subject to an administrative fee of $650.00 upon any additional inspection hearing disclosing violations of minimum housing code standards Sec. 11.6.3. within the same 12-month period. The property owner may also be assessed any costs incurred in obtaining service including legal publication of notice of complaint charges, hearing notice and findings of fact and orders related to the dwelling.