Johnston County, NC Building Safety: Building Inspections (2026)
Key Facts
- Enforcing office
- Code official, property maintenance inspection division
- Right of entry
- Reasonable times only, § 5-68(b)(3)
- Appeal deadline
- 20 days to property maintenance appeals board
- Court appeal
- 30 days, writ of certiorari to superior court
- Civil penalty
- $500.00 per § 1-6 general penalty
Summary
Johnston County's code official inspects dwellings for compliance with the minimum housing and property maintenance code under Chapter 5, Article II. The official is authorized to enter a structure or premises at reasonable times to check for violations, subject to constitutional search-and-seizure limits, and serves a written notice of violation before pursuing prosecution or civil penalties.
(b) Duties and powers of the code official. (1) General. The code official shall enforce the provisions of this article. (2) Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. (3) Right of entry. If a potential violation of this article is presented to the code official, the code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.
Full Breakdown
Chapter 5, Article II, Division 1 of the Johnston County Code sets minimum standards for dwellings and creates the division of property maintenance inspection, headed by the code official under Section 5-68. " Inspections are triggered by a reported potential violation: "the code official is authorized to enter the structure or premises at reasonable times to inspect," subject to constitutional restrictions on unreasonable searches, and if entry is refused the official pursues recourse through the courts rather than forcing entry. Once a violation is confirmed, the code official serves a written notice of violation.
If the owner does not comply, the county can institute a court proceeding to restrain, correct, or abate the violation, or to end an unlawful occupancy. Under Section 5-69, an owner who disagrees with the code official's call has 20 days from service of the notice to file a written appeal with the property maintenance appeals board, which by default is the board of county commissioners sitting in that role. The board may affirm, modify, or reverse the decision only by a majority vote of its appointed members and can direct the code official to act on its ruling.
A board decision can be taken further, to Johnston County Superior Court by writ of certiorari, but that petition must be filed within 30 days of the board's decision or notice.
Violations & Fines
Failing to correct a cited violation exposes the owner to prosecution "within the limits provided by state or local laws," and Section 5-68(c)(3) makes each day a violation continues after notice a separate offense. Under the Code's general penalty, Section 1-6, an uncured violation of any county ordinance carries a $500.00 civil penalty, and the county can also recover the cost of the inspection that documented the violation.
Frequently Asked Questions
Who inspects dwellings for code violations in Johnston County?
Can the code official enter my property without permission?
How do I appeal an inspection violation notice?
What happens if I miss the appeal deadline or ignore the notice?
Sources & Official References
Other rules in Johnston County
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