§ 152.245 ZONING ENFORCEMENT OFFICER.
   (A)   This chapter shall be administered and enforced by the Zoning Enforcement Officer or his or her designated representative who shall be named by the Town Council, and is hereby empowered:
      (1)   To issue a zoning compliance permit when these regulations have been followed, or to refuse to issue the same in the event of noncompliance. Written notice of such determination therefore shall be given to the applicant and property owner (G.S. § 160D-403(b)), the administrative officer may provide their determination in print or electronic form; if electronic form is used then it must be protected from further editing (G.S. § 160D-403(a));
      (2)   To collect the designated fees as set forth in this chapter for a zoning compliance permit, variances and appeals;
      (3)   To make and keep all records necessary and appropriate to the office, including record of the issuance and denial of all zoning compliance permits and of receipt of complaints of violation of this chapter and action taken on the same;
      (4)   To inspect any building and/or land to determine whether any violations of this chapter have been committed or exist;
      (5)   To enforce this chapter and take all necessary steps to remedy any condition found in violation by ordering in writing the discontinuance of illegal uses or illegal work in progress and may institute mandamus, or other appropriate action; and
      (6)   To keep the Board of Adjustment advised of all matters other than routine duties pertaining to the enforcement of this chapter and to transmit all applications and records pertaining to appeals, variances or requests for special use approval.
   (B)   The administrative officer or other staff member shall not make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship (G.S. § 160D-109).
   (C)   The administrative officer may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable State and local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the city local government at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials, provided the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured (G.S. § 160D-403(e)).
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)