Prior to the issuance of any building permit, the Building Commissioner shall:
(A) Review all building permit applications to determine full compliance with the provisions of this code and any other applicable city ordinance.
(B) Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding.
(C) Review building permit applications for major repairs within the flood plain area having special flood hazards to determine that the proposed repair uses construction materials and utility equipment that are resistant to flood damage, and uses construction methods and practices that will minimize flood damage.
(D) Review building permit applications for new construction or substantial improvements within the flood plain area having special flood hazards to assure that the proposed construction (including prefabricated and mobile homes) is protected against flood damage; is designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure from flood damage; and uses construction methods and practices that will minimize flood damage.
(E) Review the Drainage Board’s Approval of the Storm Water Drainage Plan.
(F) Conflicts of interest.
(1) Definitions. For purposes of this division (F), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONFLICT OF INTEREST. A direct or indirect financial interest in the issuance or denial of issuance of a permit.
PERMIT. Any of the following:
1. An improvement location permit;
2. A building permit;
3. A certificate of occupancy;
4. Approval of a site-specific development plan;
5. Approval of a primary or secondary plat;
6. Approval of a contingent use, conditional use, special exception or special use; or
7. Approval of a planned unit development.
(2) Conflict of interest prohibited. The Building Commissioner, Building Code Official, or Building Inspector is prohibited from issuing a building permit or oversee the issuance of a permit if the Building Commissioner, Building Code Official, or Building Inspector possesses a conflict of interest.
(3) Notice to department head. If the Building Commissioner, Building Code Official, or Building Inspector has a conflict of interest in the issuance of a permit, he or she must report the conflict, in writing, to his or her department head immediately upon learning of the conflict. The department head must place this notice in the permit applicant's file. If the department head himself or herself has a conflict of interest in the issuance of a permit, he or she must provide additional written notice to the Mayor, which must also be included in the permit applicant's file.
(4) Disqualification. If the Building Commissioner or a Building Code Official or Building Inspector has a conflict of interest with regard to a permit, he or she is disqualified from reviewing, participating in review discussions, making decisions, or otherwise being involved in the permit process for that particular permit.
(5) Appointment of a qualified temporary replacement. The department head must then appoint a qualified temporary replacement Building Commissioner, Building Code Official, or Building Inspector. This appointment may be any qualified individual of the Building Department. If no city employee is qualified to be the temporary replacement, the department head may contract a qualified independent contractor to oversee the issuance or denial of a permit. Any appointment made or contract entered into under this policy must be with an individual who does not possess a conflict of interest in the issuance of the permit in question. The department head shall follow all city policies when contracting a qualified temporary replacement.
(6) Exclusion of disqualified official. The department head must ensure that all documents, records, and communications regarding the issuance of the permit are removed from the possession of the Building Commissioner, Building Code Official, or Building Inspector who possesses a conflict of interest. The department head shall also ensure that the employee is excluded from any internal meetings, deliberation, or communication regarding the issuance of the permit.
(7) Document retention. The department head must retain all documents regarding the conflict of interest in the permit file and the official's personnel file for a period of ten years.
(8) Penalties. Failure of a Building Commissioner, Building Code Official, or Building Inspector to notify the department head of a conflict of interest will subject the employee to discipline. This discipline may include suspension without pay and/or termination.
(Ord. 10-1994, passed 5-9-94; Am. Ord. 27-2019, passed 12-9-19)