§ 22-62. Inspections.

(a)

For the purpose of making inspections, the code enforcement officer is authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, roominghouses, rooming units, structures and abandoned structures and the premises associated therewith. The owner or occupant of every dwelling, dwelling unit, roominghouse, rooming unit, structure or abandoned structure, or the person in charge thereof, shall give the code enforcement officer free access to the dwelling, dwelling unit or structure and its premises at all reasonable times for the purposes of inspection, examination and survey.

(b)

Every occupant of a dwelling, dwelling unit, roominghouse, rooming unit or structure shall give the owner thereof or his agent or employee access to any part of the dwelling, dwelling unit or structure and its premises at all reasonable times for the purpose of making any repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of this chapter.

NOTE: When permission to inspect a dwelling, dwelling unit, structure or abandoned structure or its premises is denied, the code enforcement officer must obtain a warrant to inspect, pursuant to G.S. 15-27.2 which provides for the issuance of warrants for the conduct of inspections authorized by law. The state court of appeals in In Re Dwelling , 24 N.C. App. 17 (1974), has held that the consent of the tenant-occupant who was in actual possession and control of the premises was sufficient to authorize an inspection without a warrant, notwithstanding the fact that the owner has objected to the warrantless search. When faced with a situation where permission to inspect is denied, code enforcement officers are advised to seek the advice of the city attorney.

(Ord. No. 1998-44, § 152.31, 11-17-1998)