(A) Authority. Inspectors are hereby authorized, empowered, and directed to enforce all the provisions of this chapter and the regulatory codes herein adopted.
(B) Right of entry. Inspectors shall have the right of entry on any premises within the jurisdiction at reasonable hours for the purpose of inspection or enforcement of the requirements of this chapter and of the regulatory codes herein adopted, upon presentation of proper credentials.
(C) Stop orders.
(1) Whenever any building or structure or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, or in substantial violation of any state or local building law, or in a manner that endangers life or property, the appropriate inspector may order the specific part of the work that is in violation or presents such a hazard to be immediately stopped. The stop order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons therefor, and the conditions under which the work may be resumed.
(2) The owner or builder may appeal from a stop order involving the alleged violation to the State Commissioner of Insurance or his or her designee within a period of five days after the order is issued. Notice of appeal shall be given in writing to the Commissioner of Insurance or his or her designee, with a copy to the local inspector. The Commissioner of Insurance shall promptly conduct an investigation, and the appellant and the inspector shall be permitted to submit relevant evidence. The Commissioner of Insurance or his or her designee shall as expeditiously as possible provide a written statement of the decision setting forth the facts found, the decision reached, and the reasons for the decision. Pending the ruling by the Commissioner of Insurance or his or her designee on an appeal, no further work shall take place in violation of a stop order.
(3) In the event of dissatisfaction with the decision, the person affected shall have the options of:
(a) Appealing to the Building Code Council; or
(b) Appealing to the Superior Court, as provided in G.S. § 143-141.
(Ord. passed 6-9-83; Am. Ord. 2016-001, passed 2- 11-16; Am. Ord. passed - -)
Statutory reference:
Appeals of stop orders, see G.S. § 160D-1114
Penalty for failure of inspector to perform duties, see G.S. § 160D-1109