52-5. Definitions.

The following terms are defined for purposes of this Chapter:

1. Abatement - The proper removal and/or containment of substances or materials hazardous to humans and/or the environment. Abatement is part of remediation.
2. Abandoned Manufactured Home - A manufactured home that has not had legal power or was not properly connected to a permitted septic system and water supply in the last 6 months, not to be interpreted to include a manufactured home stored or parked in accordance with a valid zoning permit.
3. Board Of Commissioners - The currently elected Henderson County Board of Commissioners and may be referred to as "the Board" or "the County Board."
4. Building - Any structure having a roof supported by columns or by enclosed walls and intended for shelter, housing or enclosure of persons, animals or chattels.
5. County - Henderson County.
6. Department - The County Department responsible for enforcing this chapter and may be referred to as "the Department."
7. Junk - Litter, debris, waste materials of any kind, dead animals, used or unserviceable automobile and machinery parts, used and nonfunctional furniture and appliances, and used and nonfunctional tools, equipment, and implements, but shall not include compost piles for normal, personal or noncommercial use, in their proper location.
8. Junked Motor Vehicle - A motor vehicle that does not display a current license plate or vehicle registration.
9. Manufactured Home - A single-family residential dwelling built in accordance with the Federal Manufactured Housing Construction and Safety Standards Act 1974 (which became effective June 15, 1976), as amended. For purposes of this chapter, however, the term includes mobile homes.
10. Occupant - Any person who occupies real property, whether with or without any right, title or interest in the property, and any person in possession or charge of such property, in the event the owner resides or is located elsewhere.
11. Owner - Any person, persons, organization, or corporation that owns, in whole or in part, the land, structure, or other property or is the purchaser of the property under contract for deed.
12. Park Model (Recreational Vehicle) - A vehicle which is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is self-propelled or permanently towable by a light duty truck and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel, and seasonal use. Recreational vehicles are not subject to the Manufactured Home Construction and Safety Standards.
13. Personal Property - All property other than that defined in the definitions of "property" and "real property, real estate and land" of this section that is subject to ownership.
14. Property - Publicly or privately owned real property including parcels of land, buildings or structures.
15. Property Agent - A person authorized by a property owner to act in transacting business matters or in managing the affairs of the property.
16. Public Nuisance - Any activity or failure to act that adversely affects the public and shall include, but is not limited to, any condition which poses an immediate and direct hazard to human health if left unheeded due to the existence of the condition itself or due to the immediate threat of transmission of disease through insects, animals, or other means of transmission or infections.
17. Real Property, Real Estate, And Land - Not only the land itself, but also buildings, structures, improvements, and permanent fixtures on the land, and all rights and privileges belonging or in any way appertaining to the property. These terms also mean a manufactured home as defined in N.C.G.S. 143-143.9(6) if it is a residential structure; has the moving hitch, wheels, and axles removed; and is placed upon a permanent foundation either on land owned by the owner of the manufactured home or on land in which the owner of the manufactured home has a leasehold interest pursuant to a lease with a primary term of at least 20 years for the real property on which the manufactured home is affixed and where the lease expressly provides for disposition of the manufactured home upon termination of the lease. A manufactured home as defined in N.C.G.S. 143-143.9(6) that does not meet all of these conditions is considered tangible personal property.
18. Vehicle Restoration Permit - A permit that allows persons to actively restore an unlicensed and unregistered vehicle.
    
    1. Persons storing any motor vehicle for more than 30 days outside a fully enclosed permanent structure for the purpose of restoration shall obtain a Vehicle Restoration Permit from the Department.
    2. This permit shall allow for 1 restoration vehicle and up to 1 parts vehicle that must be compatible with the vehicle being restored.
    3. The permit allows for outdoor storage of the vehicle(s) for a period of up to 6 months.
    4. A maximum of 2 six-month extensions may be granted upon request, provided substantial progress can be proven in the restoration of the vehicle at each extension interval.
    5. Progress will be measured by receipts for the purchase of parts or services or visible reconstruction or deconstruction.
    6. At no time shall the vehicle become a public health nuisance by collecting water to breed mosquitoes, losing fluid to contaminate the soil or becoming a harborage for vermin.
    7. Upon the permit expiration date, the vehicle shall be removed or placed inside a fully enclosed building as required by this chapter.
    8. The permit shall be placed in the vehicle in a location viewable from outside the vehicle.