(A) In general any city official charged with administering or enforcing the city's Code of Ordinances by entering onto private property or into private buildings, including ordinances regulating the Water System (Chapter 51), the Sewer System (Chapter 52), Storm Water Management (Chapter 53), Septic Systems (Chapter 55), Fire Prevention and Protection (Chapter 90), Health and Sanitation (Chapter 94), Animals (Chapter 95), Businesses (Chapters 110 to 117), Short Term Rentals (Chapter 117), Buildings (Chapter 150), Beach Preservation and Construction (Chapter 151), Flood Damage Prevention (Chapter 152), and Zoning (Chapters 160 to 169), including the Licensing Official, Building Official, Zoning Administrator, Fire Marshall, and their respective deputies, agents, designees, contractors, or any other appropriately appointed official administering or enforcing the code (hereinafter collectively referred to as the “code official”) may exercise the duties and powers granted by this chapter in addition to, and not to the exclusion of, the duties and powers granted to the code official in other chapters of the code, in any building code incorporated into the code or adopted by state law, or as otherwise allowed by local, state or Federal law. If a code official determines that any of the provisions of the code that they are enforcing are being violated, he shall enforce the requirements of the ordinance by any and all lawful means. The code official is not required to warn a violator before the issuance of an ordinance summons or the institution of enforcement procedures. The code official officer may invoke a single course of enforcement or parallel courses of enforcement in his discretion as the exigencies of the circumstances demand.
(B) Administrative and interpretive authority. The code official, with the consent of the City Administrator, 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 the applicable codes; 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) Non-exclusive remedy. This chapter does not change, limit, or otherwise alter any powers, remedies, rights of inspection, rights-of-entry, or subpoena powers found in any other chapters of the code, in any building code incorporated into the code or adopted by state law, or as otherwise allowed by local, state or federal law. The code official, and any other city employee or agent, will still have the right to rely upon and exercise powers granted by other code provisions, including but not limited to §§ 51.034, 52.018, 53.03, 55.08, 95.45, 110.12, 150.44, 150.120, 151.63, and 169.05-04, and Building Codes adopted pursuant to §§ 150.002 and 150.004. In addition, this chapter does not in any way limit public safety officers' right of entry in the exercise of their police powers or responses to emergencies with or without a warrant.
(Ord. 09-18, passed 7-10-18)