A. Office Created; Appointment; Qualifications; Compensation:
1. There is hereby created the office of building official.
2. Appointment to the office of building official shall be made by the city manager.
3. He shall have had not less than five (5) years of practical experience in design or construction work.
4. The compensation of the building official shall be established by the board of commissioners. (1980 Code § 4-8)
B. Duties:
1. The building official is hereby instructed and empowered to enforce the ordinances and regulations relating to building, and to supervise the construction, reconstruction, alteration or moving of all buildings and other structures in the city. The building official or his assistants shall have the right to enter any premises at all reasonable hours and shall have the authority to call upon the police department when necessary to assist in the enforcement of the provisions of this title.
2. The building official of the city shall have the powers, duties and functions prescribed for the "building official" by the BOCA national and international building code adopted by this chapter; provided, that the said powers, duties and functions may be performed by authorized representatives of the building official and under his supervision and control. (1980 Code § 4-9; amd. 2002 Code)
C. Appeal From Decision Of Building Official:
1. Appeal from any action of the building official may be taken to the board of city commissioners by any person aggrieved, or by any officer, department, or board of the city affected by any decision of the building official. Such appeal shall be taken within three (3) days from the date of the decision of the building official, or in the event of the failure of such building official to issue or refuse a permit, as herein provided, such appeal shall be within three (3) days from the expiration of the ten (10) day period therein provided. Such appeal shall be taken by filing with said building official and with said board of city commissioners, within such time, a notice of appeal, specifying the grounds therefor. The building official shall forthwith transmit to the board of city commissioners certified copies of all the papers constituting the record in such matter involved in such appeal, together with a copy of the ruling or order from which said appeal is taken.
2. An appeal stays all proceedings in furtherance of the action appealed from unless the building official certifies to the board of city commissioners, after the notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of city commissioners, or by a court of record on application or notice to the building official.
3. The board of city commissioners shall hear said appeal within ten (10) days from filing thereof, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any person may appear in person or by his agent or by his attorney.
4. An appeal from any action, decision, ruling, judgment, or order of the board of city commissioners may be taken to district court by any person or persons, jointly or severally aggrieved, or by any taxpayer or any officer, department, board or bureau of the city, by filing with the city clerk and with the board of city commissioners within ten (10) days a notice of such appeal, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal. Upon filing of the notice of appeal, as herein provided, the said board shall forthwith transmit to the court clerk of the county, the original or a certified copy of all the papers constituting the records in the case, together with the order, decision or ruling of the board.
5. An appeal to the district court from the board of city commissioners stays all proceedings in furtherance of the action appealed from unless the chairman of the board of city commissioners certifies to the court clerk, after notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order granted by the district court upon application or notice to the building official and the chairman of the board of city commissioners. (1980 Code § 4-10)
D. Stop Order: The building official shall have the power to stop the construction of any building or structure or any part thereof or the making of alterations, additions, or repairs to the same within the city when the same is being done in violation of any of the provisions of this chapter, and, if same is not in violation of this chapter but is dangerous and unsafe and is a menace to the health and safety of the community, the board of city commissioners shall have power to stop the construction thereof. (1980 Code § 4-11)