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(a) General. The Code Official shall enforce the provisions of this code.
(b) Rule-making Authority. The Code Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.
(c) Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(d) Right of Entry. 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.
(e) Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(f) Notices and Orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this code.
(g) Department Records. The Code Official shall keep official records of all business and activities of the Department specified in the provisions of this code in accordance with the record retention policy of the Municipality.
(h) Coordination of Inspections. Whenever, in the enforcement of this code, the Code Official finds that any other official of the Municipality is engaged in the process of enforcing another Municipal code or ordinance, it shall be the duty of the Code Official to coordinate his or her inspections and administrative orders with those of the other officials, as fully as practicable, so that visits of numerous inspectors and multiple or conflicting orders can be minimized. Whenever an inspector from any agency or department of the Municipality observes an apparent or actual violation of any provision of this code, the inspector shall report his or her findings to the Code Official.
(Ord. 31-07. Passed 10-23-07.)
(a) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Code Official shall have the authority to grant modifications for individual cases, provided the Code Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the Department files.
(b) Alternative Materials, Methods and Equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
(c) Required Testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
(1) Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall be permitted to approve appropriate testing procedures performed by an approved agency.
(2) Test reports. Reports of tests shall be retained by the Code Official for the period required for retention of public records.
(d) Material and Equipment Reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(Ord. 31-07. Passed 10-23-07.)
(a) Unlawful Acts. It shall be unlawful for any owner to maintain, or allow to be maintained, any building, dwelling, structure or premises in conflict with, or in violation of, any of the provisions of this code. It shall be unlawful for any person to violate any provision of this code.
(b) Notice of Violation. The Code Official shall serve a notice of violation order in accordance with Section 1466.07.
(c) Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with Section 1466.07 shall be deemed guilty of a misdemeanor of the fourth degree and shall not be fined more than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days, or both, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be certified to the County Auditor for collection the same as other taxes and assessments are collected.
(d) Violation Penalties. Whoever violates this code is guilty of a misdemeanor of the fourth degree and shall not be fined more than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days or both, and the violation shall be deemed a strict liability offense. An offense shall be committed each day during or on which a violation occurs and continues.
(e) Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(f) Informal Resolution of Violation. The Code Official may, at his or her discretion, attempt to informally resolve violations or suspected violations of this code without issuing the notices and orders in the manner prescribed in the manner prescribed below. The Code Official shall be encouraged to utilize this procedure to the extent practical to achieve compliance with the code. (Ord. 31-07. Passed 10-23-07.)
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