(A) For the purposes of administering and enforcing the provisions of this chapter the office of Code Enforcement Officer is hereby created.
(B) The Code Enforcement Officer shall be appointed by the City Manager, shall take and subscribe to the oath of office administered by the Mayor, and shall have such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limiting the generality of the foregoing, in addition to others herein granted, the following powers:
(1) To investigate the dwelling and building conditions and to inspect dwellings, dwelling units and buildings in the city in order to determine which dwellings therein are unfit for human habitation, being guided in such examination of dwellings and buildings by the requirements set forth in this chapter;
(2) To administer oaths and affirmations and to examine witnesses and receive evidence;
(3) To enter upon and within premises and dwellings for the purpose of making examinations and investigations; provided, that such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession;
(4) To delegate any of his functions and powers under this chapter to such officers and agents as he may designate;
(5) To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the provisions of this chapter; and
(6) To obtain administrative inspection warrants, issue civil citations and to take such other actions as may be necessary to carry out the enforcement procedures of this chapter. When permission to inspect a dwelling or its premises is denied, the Code Enforcement Officer must obtain an administrative inspection warrant to inspect. When faced with a situation where permission to inspect is denied, the Code Enforcement Officer is advised to seek the advice of the city attorney. NOTE: G.S. § 15-27.2 provides for the issuance of warrants to conduct of inspections authorized by law. The N.C. Court of Appeals, 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.
(Ord. passed 2-18-92; Am. Ord. O-1999-37, passed 6-15-99; Am. Ord. O-1999-61, passed 10-5-99; Am. Ord. O-2022-54, passed 7-12-22)