(A) A Building Commissioner, Building Code Official, or Building Inspector of the county may not issue a permit or oversee the issuance of a permit through a subordinate if the Building Commissioner, Building Code Official, or Building Inspector has a conflict of interest. Such employees are reminded that the Elkhart County Policy and Procedure Manual with respect to Section 3.05, Ethics in Public Employment, provides that no public official or employee shall have a financial interest in conflict with the proper discharge of official duties.
(B) A CONFLICT OF INTEREST, for the purposes of this section, means a direct or indirect financial interest in the issuance of a permit.
(C) A PERMIT, for the purposes of this section, is defined in I.C. 36-7-4-1109(b) to include:
(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.
(D) If a Building Commissioner, Building Code Official, or a Building Inspector has a conflict of interest, they shall immediately report the conflict of interest to the Director of Public Services. The Director of Public Services shall be authorized to either issue a permit or oversee the issuance of a permit through a subordinate who does not have a conflict of interest or to appoint a qualified temporary replacement who shall be authorized to issue a permit or oversee the issuance of a permit through a subordinate who does not have a conflict of interest.
(Ord. CO-2019-19, passed 6-17-2019)