(A) Authorization. In accordance with G.S. § 160D-402, the town may appoint administrators, inspectors, enforcement officers, planners, technicians, and other staff to develop, administer, and enforce this chapter. The person or persons to whom these functions are assigned shall be referred to in this chapter as the UDO Administrator.
(B) Duties. Duties assigned to staff may include, but are not limited to, drafting and implementing plans and development regulations to be adopted pursuant to G.S. Chapter 160D; determining whether applications for development approvals are complete; receipt and processing applications for development approvals; providing notices of applications and hearings; making decisions and determinations regarding development regulation implementation; determining whether applications for development approvals meet applicable standards as established by law and local ordinance; conducting inspections; issuing or denying certificates of compliance or occupancy; enforcing development regulations, including issuing notices of violation, orders to correct violations, and recommending bringing judicial actions against actual or threatened violations; and recommending bringing judicial actions against actual or threatened violations; keeping adequate records; and any other actions that may be required in order to adequately enforce the laws and development regulations under the town’s jurisdiction. A development regulation may require that designated staff members take an oath of office. The town shall have the authority to enact ordinances, procedures, and fee schedules relating to the administration and the enforcement of this UDO. The administrative and enforcement provisions related to building permits set forth in Article 11 of G.S. Chapter 160D shall be followed for those permits.
(C) Alternative staff arrangements. The town may enter into contracts with another city, county, or combination thereof under which the parties agree to create a joint staff for the enforcement of state and local laws specified in the agreement. The governing boards of the contracting parties may make any necessary appropriations for this purchase.
(1) In lieu of joint staff, the Board of Commissioners may designate staff from any other city or county to serve as a member of its staff with the approval of the Board of the other city or county. A staff member, if designated from another city or county under this section, shall, while exercising the duties of the position, be considered an agent of the town. The Board of Commissioners may request the governing board of the second local government to direct one or more of the second local government’s staff members to exercise their powers within part or all of the town’s jurisdiction, and they shall thereupon be empowered to do so until the town officially withdraws its request in the manner provided in G.S. § 160D-202.
(2) The town may contract with an individual, company, council of governments, regional planning agency, metropolitan planning organization, or rural planning agency to designate an individual who is not a city or county employee to work under the supervision of the local government to exercise the functions authorized by this section. The town shall have the same potential liability, if any, for inspections conducted by an individual who is not an employee of the town as it does for an individual who is an employee of the town. The company or individual with whom the town contract shall have errors and omissions and other insurance coverage acceptable to the town.
(D) Financial support. The town may appropriate for the support of the staff for any funds that it deems necessary. It shall have the power to fix reasonable fees for support, administration, and implementation of programs authorized by this chapter and all such fees shall be used for no other purposes. When an inspection, for which the permit holder has paid a fee to the town, is performed by a marketplace pool code-enforcement official upon request of the Insurance Commissioner under G.S. § 143-151.12(9)a, the town shall promptly return to the permit holder the fee collected by the town for such inspection. This applies to the following inspections: plumbing, electrical systems, general building restrictions and regulations, heating and air-conditioning, and the general construction of buildings.
(Ord. 21-1, passed 9-17-2020)