(A) Office of Nonresidential Building Maintenance Standards Inspector created; powers and duties.
(1) For the purposes of administering and enforcing the provisions of this chapter the office of nonresidential building maintenance standards Inspector, (herein called "Inspector"), is hereby created.
(2) The Inspector shall be appointed by the Town Council shall take and subscribe to the oath of office administered by the Town Clerk, 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:
(a) To investigate the nonresidential building conditions in the jurisdiction in order to determine which buildings therein are unsafe; being guided in such examinations of buildings by the requirements set forth in this chapter, and for the purpose of carrying out the objectives of this chapter with respect to such nonresidential buildings.
(c) To administer oaths and affirmations and to examine witnesses and receive evidence.
(d) To enter upon and within premises and buildings for the purpose of making examinations and investigations, provided, that such entries shall be made at reasonable hours in such a manner as to cause the least possible inconvenience to the persons in possession.
(e) To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
(B) Inspections.
(1) For the purpose of carrying out the intent of this chapter, the Inspector is hereby authorized to enter, examine and survey at all reasonable times all nonresidential buildings and premises, including abandoned structures. The owner or occupant of every nonresidential building or the person in charge thereof, shall give the Inspector free access to such building and its premises, at all reasonable times for the purposes of such inspection, examination and survey. Every occupant of a nonresidential building shall give the owner thereof, or his agent or employee, access to any part of such building and its premises at all reasonable times for the purpose of making such 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.
(2) The inspector may make periodic inspections for unsafe, unsanitary or otherwise hazardous and unlawful conditions in nonresidential structures within the jurisdiction. In addition, he may make inspections when he has reason to believe that such conditions may exist in a particular structure or premises.
(C) Defects in buildings to be corrected. When the inspector finds any defects in a nonresidential building, or finds that a building has not been constructed in accordance with applicable state and city laws, or that a building because of its condition is dangerous or contains fire hazardous conditions, it shall be his/her duty to notify the owner or occupant of the building of its defects, hazardous conditions or failure to comply with law. The owner or occupant shall each immediately remedy the defects, hazardous conditions or violations of law in the property he owns. Failure to do so shall constitute a violation of this chapter. Each day any violation of this chapter shall continue shall constitute a separate offense.
(D) Violations. In addition to the conditions, acts or failure to act that constitute violations specified in this chapter, it shall be unlawful for the owner of any building and premises to fail, neglect or refuse to repair, alter or improve the same, or to vacate and close or vacate and remove or demolish the same, upon order of the inspector duly made and served as herein provided, within the time specified in such order. It shall be unlawful for the owner of any building, with respect to which an order has been issued pursuant to § 93.07(E), to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing, or vacation and removal or demolition.
(E) Penalties for violations; alternative remedies. In addition to other penalties and remedies provided by this chapter, violation of this chapter shall constitute either a misdemeanor punishable by fine or imprisonment as provided by G.S. § 14-4, as amended, or at the election of the town, shall subject the offender to civil penalties, remedies, and enforcement procedures contained in § 10.99; continuing violations of the town.
(Ord. passed 4-7-2015)