A. Applicability:
1. General: The provisions of this chapter shall apply to all matters affecting or relating to buildings and premises. Where, in a specific case, different sections of this chapter specify different requirements, the most restrictive shall govern.
2. Maintenance: Equipment, systems, devices, and safeguards required by this chapter or a previous regulation or code under which the building or premises was constructed, altered, or repaired shall be maintained in good working order. No manager, owner, or occupant shall cause any service, facility, equipment, or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this chapter are not intended to provide the basis for removal of fire protection and safety systems and devices in existing buildings. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings and premises.
3. Application Of Other Codes: Repairs, additions, or alterations to a building, or changes of occupancy, shall be done in accordance with the procedures and provisions of the City Building Code. Nothing in this chapter shall be construed to cancel, modify, or set aside any provision of the Zoning Code.
4. Existing Remedies: The provisions in this chapter shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any building, which is dangerous, unsafe, and unsanitary.
5. Workmanship: Repairs, maintenance work, alterations, or installations, which are caused directly or indirectly by the enforcement of this chapter, shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
6. Historic Buildings: The provisions of this chapter shall not be mandatory for existing buildings officially designated as historic buildings when such buildings are judged by the Code official to be safe and in the public interest of health, safety, and welfare.
7. Conflict Of Regulations: In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of the City, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people, shall prevail.
B. Code Official, Maintenance Inspections:
1. Appointment: The City Council shall appoint a Code official to administer this chapter.
2. Designees: The Code official shall have the authority to appoint designees to carry out the inspections and to enforce the provisions of this chapter. Whenever Code official is stated in this chapter, it includes all designees of the Code official.
3. Liability: The Code official, officer, or employee charged with the enforcement of this chapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code official or any subordinate shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of the provisions of this chapter; and the Code official, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions by reason of any act or omission in the performance of official duties in connection therewith.
4. Fees: The fees for activities and services performed by the Code official or appointed designees under this chapter shall be set by the City Council through approval and adoption of a fee schedule. The most current adopted fee schedule shall be used.
C. Duties And Powers Of Code Official:
1. General: The Code official shall enforce the provisions of this chapter.
2. Rule Making Authority: The Code official shall have authority as necessary in the interest of public health, safety, and general welfare to: adopt and promulgate rules and procedures; interpret and implement the provisions of this chapter; secure the intent thereof; and 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 chapter, or of violating accepted engineering methods involving public safety.
3. Inspections: The Code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code official 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.
4. Right Of Entry: The Code official is authorized to enter the building or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code official is authorized to pursue recourse as provided by law.
5. Identification: The Code official shall carry proper identification when inspecting buildings or premises in the performance of duties under this chapter.
6. Required Testing: The owner is required to present proper evidence that any material or methods used conforms to the requirements of this Code. The Code official designated by the City Council to enforce this chapter shall have the authority to require test reports or investigations as evidence of compliance. The cost of all tests, reports, and investigations shall be paid by the owner.
7. Notices And Orders: The Code official shall issue all necessary notices or orders to ensure compliance with this chapter.
8. Records: The Code official shall keep official records of all business and activities specified in the provisions of this chapter. Such records shall be retained in the official records pursuant to the document retention policy of the City.
9. Coordination Of Inspections: Whenever the enforcement of this chapter or another code or ordinance, the responsibility of more than one Code official of the jurisdiction is involved, it shall be the duty of the Code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the building shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. (Ord. 152, 1-14-2019)