(A) For the purpose of making inspections, the public officer and other appropriate town employees working with or under the direction of the public officer are authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming houses, rooming units, and the premises associated therewith in accordance with division (C) below, or upon the consent of the owner of the premises, or when the public officer determines that an emergency exists that poses an immediate threat to the health or safety of the public. No owner or occupant of any dwelling, dwelling unit, rooming house, or rooming unit or the person in charge thereof shall interfere with an inspection conducted in accordance with this section.
(B) Every occupant of a dwelling, dwelling unit, rooming house, or rooming unit shall give the owner thereof, or his or her agent or employee, access to any part of the dwelling or dwelling unit and its premises at all reasonable times for the purpose of making the 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.
(C) When permission to inspect a dwelling or its premises is denied, the public officer must obtain a warrant to inspect. G.S. § 15-27.2 provides for the issuance of warrants for the conduct of inspections authorized by law. The state’s 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 had objected to the warrantless search. When faced with a situation where permission to inspect is denied, the public officer shall seek the advice of the Town Attorney.
(Prior Code, § 1614)