For the purpose of making inspections, the Inspections Director or designee, or the Code Enforcement Officer or designee, is hereby authorized to enter, examine and survey at all reasonable times, nonresidential buildings and structures. If entry upon the premises for purposes of investigation is necessary, such entry shall be made pursuant to a duly issued administrative search warrant in accordance with North Carolina General Statutes §15-27.2 or with permission of the owner, the owner’s agent, a tenant or other person legally in possession of the premises.
g. Procedure for Enforcement
(1) Preliminary Investigation. Whenever it appears to the Inspections Director, Code Enforcement Officer or designee that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet the minimum standards established by this Article, the Director of Inspection, Code Enforcement Officer or designee shall undertake a preliminary investigation. (2) Complaint & Hearing . If the preliminary investigation discloses evidence of a violation of the minimum standards established by this Article, the Inspections Director, Code Enforcement Officer or designee shall issue and cause to be served, upon the owner of and parties in interest in the nonresidential building or structure, a complaint. The complaint shall state the charges and contain a notice that a hearing will be held before the Inspections Director, Code Enforcement Officer or designee at a place therein fixed, not less than 10 days nor more than 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to answer the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in the hearing before the Inspections Director, Code Enforcement Officer or designee.
(3)
Procedure After Hearing
A. Findings of Fact in Compliance . If, after notice and hearing, the Inspections Director, Code Enforcement Officer or designee determines that the nonresidential building or structure has been maintained and that the property meets the minimum standards established by this Article, the Inspections Director, Code Enforcement Officer or designee shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof a copy of said determination. B. Findings of Fact in Noncompliance . If, after notice and hearing, the Inspections Director, Code Enforcement Officer or designee determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its
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