(a) Powers of the Building Commissioner. The Building Commissioner is hereby authorized and directed to enforce the provisions of this Code, through himself or through a designee. The Building Commissioner shall have the authority to render interpretations of this Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code.
(b) Inspections. The Building Commissioner shall make all of the required inspections, or shall accept reports of inspection by approved designees, agencies or individuals. All reports of such inspections shall be in writing. The Building Commissioner 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.
(c) Right of Entry. The owner, occupant, tenant or person in charge of any property or rental unit possesses the right to deny entry to any unit or property by the Building Commissioner or Code Enforcement Officer for the purpose of compliance with this chapter, the Property Maintenance Code. However, nothing in this chapter shall prohibit the Building Commissioner or Code Enforcement Officer from asking permission from an owner, occupant, tenant or person in charge of property for permission to inspect such property or rental unit for compliance with this chapter and all other applicable laws, regulations and codes, to seek a search warrant based on probable cause or to enter such property or rental unit in case of emergency circumstances requiring expeditious action.
(d) Identification. The Building Commissioner shall carry proper identification when inspecting structures or premises in the performance of duties under this Code.
(e) Notice of Violation; Orders.
(1) Notice to person responsible. When-ever the Building Commissioner determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in division (e)(2) of this section as to form and division (e)(3) of this section as to method of service to the party or parties responsible for the violation as specified in this Code. Notices for condemnation procedures shall also comply with this section.
(2) Form. Such notice prescribed in division (e)(1) of this section shall be in accordance with all of the following. Such notice shall:
A. Be in writing;
B. Include a description of the premises sufficient for identification;
C. Include a statement of the violation or violations and why the notice is being issued;
D. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the premises or structure into compliance with the provisions of this Code;
E. Inform the party responsible of the right to appeal; and
F. Include a statement of the right to file a lien in accordance with division (f) of this section, Prosecution of Violation.
(3) Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
A. Delivered personally by the Building Commissioner or his designee;
B. Sent by certified or first-class mail addressed to the last known address of the party responsible; or
C. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the premises by such notice.
(4) Unauthorized tampering. Signs, tags or seals posted or affixed by the Building Commissioner shall not be mutilated, destroyed or tampered with, or removed without authorization from the Building Commissioner.
(5) Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 1468.99
.
(6) Transfer of ownership. It shall be unlawful for the owner of any property who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such property to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Building Commissioner and shall furnish to the Building Commissioner a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(f) Prosecution of Violation. If the notice of violation is not complied with, the Building Commissioner shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation. 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 a lien upon such real estate.
(g) Order to Vacate Premises. If a violation of this chapter constitutes a risk of physical harm to the public or occupants of any building or premises, the Building Commissioner shall order the building, premises or affected portions thereof vacated until the violation causing the physical harm is remedied.
(h) 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.
(i) Department Records. The Building Commissioner or designee shall keep official records of all business and activities of the department specified in the provisions of this Code. Such records shall be retained in the official records for the period required for retention of public records.
(j) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Building Commissioner shall have the authority to grant modifications for individual cases upon application of the party responsible, provided the Building Commissioner 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.
(Ord. 16-78. Passed 12-13-16; Ord. 18-12. Passed 2-13-18.)