§ 153.03  POWER AND DUTIES OF BUILDING OFFICIAL.
   (A)   General. The Building Official is authorized to enforce all the provisions of this chapter. The Building Official shall have the power to render written and oral interpretations of this chapter and to adopt and enforce administrative procedures in order to clarify the application of its provisions. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this chapter.
   (B)   Right of entry. When it may be necessary to inspect to enforce the provisions of this chapter, or the Building Official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to, in violation of this chapter, or which otherwise makes the building or premises unsafe, dangerous, or hazardous, the Building Official may enter said building or premises at reasonable times to inspect or to perform the duties imposed by this chapter; provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by state law to secure entry.
   (C)   Stop work orders. Whenever any work is being done contrary to the provisions of this chapter (or other pertinent laws or ordinances implemented through its enforcement), the Building Official may order the work stopped by notice in writing served on any person(s) engaged in the doing or causing of such work to be done. Such person(s) shall stop such work until specifically authorized by the Building Official to proceed thereafter.
   (D)   Disconnection of utilities in emergencies. The Building Official shall have the authority to disconnect fuel-gas utility service and/or other energy supplies to a building, structure, premises, or equipment regulated by this chapter when necessary to eliminate an immediate hazard to life or property. The Building Official shall, whenever possible, notify the serving utility, the owner, and occupant of the building, structure, or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner, and occupant of the building, structure, or premises in writing of such disconnection within a reasonable time thereafter.
   (E)   Abatement of hazardous equipment.
      (1)   When the Building Official ascertains that equipment or any portion thereof, regulated by this chapter has become hazardous to life, health, or property, the Building Official shall order the equipment either removed from its location or restored to a safe and/or sanitary condition, as appropriate. The notice shall be in writing and contain a fixed time limit for compliance. Persons shall not use the defective equipment after receiving the notice.
      (2)   When equipment or an installation is to be disconnected, written notice of the disconnection (and causes therefor) shall be given within 24 hours to the involved utility, the owner and/or occupant of the building, structure, or premises. When equipment is maintained in violation of this chapter and in violation of a notice issued pursuant to the provisions of this section, the Building Official may institute such action as the Building Official deems necessary to prevent, restrain, correct, or abate the violation.
   (F)   Reconnection after order to disconnect. The Building Official must authorize the reconnection and/or use of any equipment regulated by this chapter which has been disconnected, ordered disconnected or discontinued by the Building Official before any person may make a connection to or from an energy, fuel, or power supply to such equipment.
   (G)   Maintenance reinspection. The Building Official may cause the reinspection of any building or structure, both existing and new, or any part thereof to ensure that such building or structure is being maintained in a safe and sanitary condition. All devices or safeguards which are required by this chapter shall be maintained in conformance with the Building Code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings and structures.
   (H)   Occupancy violations. Whenever any building, structure, or equipment therein regulated by this chapter is used contrary to the provisions of this chapter, the Building Official may order such use discontinued and the structure (or portion thereof) vacated. All persons using the structure (or portion thereof) shall discontinue the use within the time prescribed by the Building Official in the notice and make the structure, or portion thereof, comply with the requirements of this chapter.
(Ord. 03-2013, passed 11-5-2012)