(A) For the purpose of making inspections, the Inspector is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming houses, rooming units, and the premises associated therewith. The owner or occupant of every dwelling, dwelling unit, rooming house, or rooming unit, or the person in charge thereof, shall give the Inspector free access to the dwelling, dwelling unit, rooming house, or rooming unit and its premises at all reasonable times for the purposes of the inspection, examination, and survey.
(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) (1) When permission to inspect a dwelling or its premises is denied, the Housing Inspector 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 Court of Appeals, In Re Dwelling, 24 N.C.
(2) 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, building inspectors are advised to seek the advice of an attorney.
(Ord. 98-5, passed 5-6-1999)