(A) Chief Code Enforcement Officer; duties; powers. Pursuant to G.S. § 160D-1203, the Chief Code Enforcement Officer is hereby designated the public officer to exercise the duties and powers prescribed by this subchapter.
(1) Duties. It shall be the duty of the Chief Code Enforcement Officer:
(a) To investigate and to inspect all buildings, dwelling units and rooming units located in the city in order to determine which buildings, dwelling units, rooming houses and rooming units are unfit for human habitation, as well as to carry out the general spirit and purpose of this subchapter;
(b) To enforce the provisions of this subchapter and to take such action, alone or together with other appropriated departments and agencies, public or private, as may be necessary to carry out the general spirit and purpose of this subchapter;
(c) To keep adequate records of all activity conducted pursuant to this subchapter, including, but not limited to, an inventory of those buildings, dwelling units, rooming houses and rooming units that do not meet the minimum standards of fitness prescribed by this subchapter;
(d) To report annually to the City Manager concerning the work of his or her division, and specifically the housing section, during the preceding year; and
(e) To perform each and every duty necessary and incidental to the fulfillment of the general spirit and purpose of this subchapter.
(2) Powers. Pursuant to G.S. § 160D-1210, the Chief Code Enforcement Officer is hereby authorized to exercise any powers necessary or convenient to carry out and effectuate the general spirit, purpose and provisions of this subchapter, including specifically, but not limited to, the following:
(a) To investigate the dwelling conditions in the city in order to determine which buildings are unfit for human habitation;
(b) To administer oaths, affirmations, examine witnesses and receive evidence;
(c) To enter upon premises for the purpose of making examinations and inspections in a manner to that will do the least possible inconvenience to the persons in possession;
(d) To appoint and fix the duties of officers, agents and employees necessary to carry out the purpose of this subchapter;
(e) To delegate any of his or her functions and powers under this subchapter to other officers and other agents; and
(f) The Chief Code Enforcement Officer may terminate utility services.
(B) Housing section constituted. There is hereby created and established a division within the Community Development Department, under the direction of the Community Development Director, to be known as the Code Enforcement Division, which shall be composed of the Chief Code Enforcement Officer and such officers and employees as shall be authorized by the Council and appointed by the City Manager.
(C) Records. The Chief Code Enforcement Officer shall keep, or cause to be kept, a record of the business of the Code Enforcement Division. The records of the Chief Code Enforcement Officer shall be open to the public inspection.
(D) No utility service. The city shall not provide nor permit another to provide (either public or private) utility services such as water, gas, electricity, sewer and the like, to any substandard building or dwelling unit which becomes vacant until such building or dwelling unit has been inspected, brought into compliance with this subchapter and the building code and a valid certificate of compliance, as required, has been issued.
(E) Temporary construction utilities. The requirements of division (D) above shall not preclude the temporary use of such utilities as may be deemed necessary during construction, repair or alteration. The Chief Code Enforcement Officer shall be responsible for making the determination as to when such “temporary services” may be necessary. To obtain temporary utilities, the following requirements must be met.
(1) An application must be completed and signed by owner or agent of the property and submitted to the Chief Code Enforcement Officer.
(2) Temporary utilities will only be issued for a period not to exceed 90 days. Utilities will be disconnected without notice at the expiration of the 90-day period.
(3) The structure cannot be occupied for any reason during the time temporary utilities are being used. This includes occupation by people, animals, furniture or other personal items.
(4) Failure to comply with these requirements shall result in the denial of or immediate termination of temporary utilities without further notice and the denial of future applications for temporary power.
(F) No permit.
(1) No building, plumbing, electrical, gas or other permit as may be required for an addition, alteration or repair of an existing substandard building or dwelling unit shall be issued until such time as an inspection of the property has been made to determine the feasibility of rehabilitation of such building or dwelling unit.
(2) If the determination is made that rehabilitation of such building or dwelling unit is feasible, any permit issued will in no way affect time limitations dictated by this subchapter.
(G) No certificate of compliance. No certificate of compliance shall be issued pursuant to this subchapter for any building or structure unless in conformity with the provisions of this subchapter and all other state, local and federal laws, regulations and ordinances.
(Code 2019, § 9-38)