(A) For the purpose of making inspections, the Inspector is hereby authorized to enter, examine and survey, at all reasonable times, all buildings and premises for human habitation or human use.
(B) Every occupant or tenant of a building for human habitation or human use shall give the owner thereof, or his or her agent at all reasonable hours access for the purpose of making repairs or alterations as are necessary to effect compliance with the provisions of this subchapter or with any lawful order issued pursuant to the provisions of this subchapter.
(C) When permission to inspect a dwelling or its premises is denied, the Building Inspector must obtain a warrant to inspect. The N.C. Court of Appeals, in 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 has objected to the warrant-less search. When faced with a situation where permission to inspect is denied, Building Inspectors are advised to seek the advice of the County Attorney.
(Ord. 33 § 13, passed 2-4-2002)
Statutory reference:
Issuance of warrants for the conduct of inspections authorized by law, see G.S. § 15-27.2