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(A) Creation of the Office of Building Commissioner.
(1) There is hereby created and continued in the Town of Beverly Shores the Office of Building Commissioner. The person to fill this office shall be appointed by the Town Council.
(2) In all matters relating to the duties of his or her office, as hereinafter set out, the Building Commissioner shall be under the jurisdiction of the Town Council.
(B) Duties of the Building Commissioner:
(1) Serve as Zoning Administrator to administer and enforce this chapter, and all ordinances now in force or which may hereinafter be established together with all town, state and federal laws, and regulations pertaining to the erection, construction, alteration, repair or removal of buildings and other structures in the Town of Beverly Shores or pertaining to the use and occupancy of real estate in the town;
(2) Upon finding that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for the violations, ordering the action necessary to correct the violation. However, in emergency situations, oral communication may precede written notice;
(3) Order discontinuance of illegal use of land, buildings or structures;
(4) Order removal of illegal buildings or structures or illegal additions or structural alterations;
(5) Order discontinuance of any violations of this chapter; and
(6) Take any other action authorized by this chapter to ensure compliance with or prevent violations of this chapter. This shall include the:
(a) Issuance of and action on certificates of occupancy and maintenance of records thereof;
(b) Issuance of all building permits, and inspection of buildings, structures and uses of land to determine compliance with the terms of this chapter;
(c) Maintenance of permanent and current zoning records, including but not limited to all maps, conditional use permits, amendments to this chapter, variances, special exceptions, appeals and applications thereof;
(d) Transmission of written recommendations on all amendments to this chapter, conditional use permits and subdivisions to the Town Council and Plan Commission; and/or
(e) Performance of other similar administrative duties as permitted by law and are assigned to him or her by the Town Council.
(C) Qualifications of the Building Commissioner.
(1) The Building Commissioner shall be either a registered architect, registered professional engineer, licensed general contractor or other qualified person as determined by the Town Council.
(2) An OTHER QUALIFIED PERSON is a person deemed by the Town Council to have at least 5 years of experience in responsible charge of construction activity as determined by the Town Council on a case by case basis after a review and consideration of the resume and employment record of any Building Commissioner candidate.
(3) The Building Commissioner shall not undertake any of the duties in division (B) above in which he or she has a direct or indirect financial interest, where a family member is involved, where the Building Commissioner would review or approve his or her own work performed for any person other than the town, or where it is otherwise necessary for the Building Commissioner to recuse himself or herself. For purposes of this section, the “his or her own work” includes, but is not limited to, services performed by his or her partners, employees, employer, company, firm, partnership, and associates.
(4) In a like case, the Building Committee shall select 1 of its members as temporary Building Commissioner for the purposes of the case, and in an appropriate case the Town Council may appoint the temporary Building Commissioner.
(Ord. 208, passed 12-19-1983; Am. Ord. 2018-03, passed 5-15-2018)