(A) Delegation of enforcement power. The Enforcement Authority may delegate to other city/county officials the authority to enforce all or part of the provisions of this chapter. Such officials shall include but not be limited to the City/County Board of Health and the Fire Department.
(B) Conflict of interest. No Code Official or employee connected with the Enforcement Authority shall have a financial interest in the furnishing of labor, material or appliances for the repair, alteration or maintenance of a building, dwelling or dwelling unit on which a notice or order by the Enforcement Authority has been issued or in the making of plans or specifications there from, unless he or she is the owner of such building.
(C) Provisions for inspection authority. The Code Official shall inspect any premises or structures as defined in this chapter, based on the Department of Neighborhood Code Compliance's standard operating procedures as well as the following provisions:
(1) The Enforcement Authority is authorized and directed to make inspections where probable cause exists or with consent of the owner, agent or occupant to determine the condition of the premises or structures located within the city in order that they may perform their duty of safeguarding the health and safety of the occupants of such premises or structures and of the general public.
(a) For the purpose of making such inspections, the Enforcement Authority is authorized to enter, examine and survey at all reasonable times all such premises or structures.
(b) In the event the owner or occupant of any such premises or structures, or the person in possession, refuses to give the Enforcement Authority free access for inspection purposes, the Enforcement Authority may apply for an inspection warrant pursuant to IC 36-7-9-16.
(2) Where conditions of an area, the nature of the premises or structure, or a need to conduct an area-wide inspection exists, and where a showing of such is made by affidavit, an inspection warrant shall be issued by a court of record in Allen County directing the inspection of the property concerned.
(3) The Enforcement Authority is authorized and directed to proceed with a full inspection of any premises or structures that are deemed to be a public nuisance by the fact that they are unsealed, unsecured and vacant. ('74 Code, § 14.7-30)
(D) Statistical data. Accurate statistical data shall be recorded and maintained by the Enforcement Authority employee designated to assist in such data collection and maintenance, and other duties as described, so data can be provided with a full accounting upon request to Common Council to determine the effectiveness of data collection to date.
(E) Severability. The invalidity of any section, clause, sentence or provision of the chapter shall not affect the validity of any other part of this chapter.
(F) Building Code compliance. Wherever this chapter refers to compliance with state and local codes and ordinances, additions and alterations to any structure shall conform to that required of a new structure without requiring the existing structure to comply with all the requirements of this code, provided it was in compliance with applicable state and local codes and ordinances when originally constructed. However, any building or element thereof that has deteriorated to a point that such condition is considered to be unsafe under this chapter, the repair and or replacement of such building or element thereof shall be subject to the enforcement provisions contained herein and must conform to current state and local codes and ordinances. (General Administrative Rules, hereinafter GAR, 675 IAC 12-4-99)
(G) Safe Housing and Building Oversight Committee. The Safe Housing and Building Oversight Committee is the commission or board to provide oversight and guidance relevant to the standard operating procedures of the Enforcement Authority, which is generally the Neighborhood Code Compliance Department as part of the Community Development Division. The Committee shall be subject to the following:
(1) Establishment and composition. The Mayor shall appoint one member from the Fire Department, one member from the private business sector, one member who owns or manages commercial property, one citizen member who owns and resides in a single-family residence and one member at-large. The Common Council shall appoint three members to the Committee, each selected from a slate of three nominees submitted by each of the following organizations: The Board of Realtors, the Apartment Association of Northeast Indiana and the Greater Fort Wayne Chamber of Commerce. If one or more of these nominees is/are not acceptable or unavailable, then the Council will appoint the members(s) in lieu of the organizational nominee(s). Common Council shall also appoint one citizen member who owns and resides in a single-family residence.
(2) Appointment and terms. The Safe Housing and Building Oversight Committee shall be appointed:
(a) On January 1 of each year.
(b) To serve a three-year term, terms to be staggered. No limit shall be set on numbers of terms a committee member can serve. All members are to serve without compensation.
(c) At the outset by the Mayor: two persons to serve one year; two persons to serve two years; and two persons to serve three years. The Common Council appointees shall serve two years.
(3) Meetings and organization. The first meeting of the Safe Housing and Building Oversight Committee shall be convened by the director of Neighborhood Code Compliance. At the initial meeting, the committee shall elect a Chair and Secretary from among its members. At that meeting and each subsequent meeting:
(a) The Secretary shall be charged with the duty of keeping and maintaining the necessary minutes and other records.
(b) In the absence of the Chair at a meeting, the Secretary shall chair the meeting.
(4) Rules. The committee shall meet at the request of the Enforcement Authority at least four times a year or upon special call by the Chair; or upon written request to the Chair by any three members.
(5) Quorum. Five members of the Safe Housing and Building Oversight Committee shall the vacancy for the unexpired term only.
(6) Duties. The Safe Housing and Building Oversight Committee shall adopt a schedule setting forth the maximum amount of performance bonds applicable to various types of orders pursuant to IC 36-7-9-7(f), determine the amount of the average processing expense pursuant to IC 36-7-9-12, and to provide oversight and guidance relevant to the standard operating procedures of Neighborhood Code Compliance.
(‘74 Code, § 14.7-34(2)-(5); § 14.7-35) (Am. Ord. G-8-17, passed 4-25-17; Am. Ord. G-15-23, passed 5-23-23)