Orange County NC Website
(5) to enter upon premises for the purpose of making examinations and <br /> inspections; provided, such entries shall be made in accordance <br /> with Section 13 of this ordinance and State law, and shall be <br /> made in such manner as to cause the least possible inconvenience <br /> tQ the persons in possession; <br /> (6) tb appoint and fix the duties of such officers, agents, and employees <br /> as he deems necessary to assist in carrying out the purposes of this <br /> ordinance, and to delegate any of his functions and powers to such <br /> officers, agents and employees; and <br /> (7) to perform such other duties as may be prescribed herein or by the <br /> Bdard of Commissioners of Orange County. <br /> Section 13_ Inspections; Duty of Owners and Occupants. <br /> (a) POI- the purpose of making inspections, the Inspector is hereby authori2 <br /> to enter, examine and survey at all reasonable times all dwellings, <br /> dwelling units, rooming houses, rooming units and the premises associat <br /> therewith provided the Inspector has 1) permission from the occupant tc <br /> enter the premises, or 2) a warrant to inspect the premises. The owner <br /> occupant of every dwelling, dwelling unit, rooming house or rooming uni <br /> or the person in charge thereof, shall give the Inspector free access t <br /> such dwelling, dwelling unit, rooming house or rooming unit and its <br /> premises at all reasonable times for the purposes of such inspection, <br /> eXamination and survey. <br /> (b) Evlery occupant of a dwelling, dwelling unit, rooming house or rooming <br /> unit shall give the owner thereof, or his agent or employee, access <br /> try any part of such dwelling or dwelling unit and its premises at <br /> all reasonable times for the purpose of making such repairs or <br /> alterations as are necessary to effect compliance with the provisions <br /> ofl this ordinance cr with any lawful order issued pursuant to the <br /> provisions of this ordinance. <br /> (Note: When permission to inspect a dwelling or its premises is denied, the <br /> Building Inspector must obtain a warrant to inspect, G.S. 15-27.2 provides for <br /> the issuance warrants for the conduct of inspections authorized by law. The <br /> N. C. Court of Appeals, in In Re Dwelling, 24 N.C. App. 17 (1974), has held that <br /> the consent of the tenant-occupant whc was in actual possession and control of <br /> the premises was sufficient to authorize an inspection without a warrant, notwith. <br /> standing theifact that the owner had objected to the warrantless search. When fat <br /> with a situation where permission to inspect is denied, building inspectors are ac <br /> to seek the advice of the County attorney .) <br /> Section114. Procedure for Enforcement, <br /> (a) Preliminary Investigation• Notice; Nearin . Whenever a petition is file <br /> with the Inspector by a Public Authority or by at least five (5) resider <br /> of1.the County charging that any dwelling or dwelling unit is <br /> unfit for human habitation, or whenever it appears to the Inspector, upc <br /> inspection, that any dwelling or dwelling unit is unfit for human habits <br /> he ',shall, if his preliminary investigation discloses a basis for such <br /> -12- <br />