(A) General. This section establishes the duties and responsibilities for the zoning code official and other officials and agencies, with respect to the administration of this chapter. The zoning code official or his or her designee shall be referred to hereafter as "the code official."
(B) Appointment. The chief executive officer of the city shall appoint the code official whom shall be charged with the enforcement of this chapter.
(C) Deputies. The code official may appoint such number of technical officers and other employees as shall be authorized from time to time by the Common Council. The code official shall be permitted to deputize such employees as may be necessary to carry out the functions of this chapter.
(D) Enforcement. Unless otherwise provided, the code official shall apply and enforce the provisions of this chapter. An appeal of an application of this chapter by the code official shall be submitted to the Zoning Board of Appeals, which, unless otherwise provided, may interpret this chapter, and such interpretation shall be considered final.
(E) Administrative reviews and permits.
(1) Certificate of compliance. The code official shall receive all applications for certificates of compliance and coordinate and perform the necessary inspections.
(2) Review of zoning permits. The code official shall be authorized to undertake reviews, make recommendations, and grant approvals as set forth in this chapter. All applications for building and zoning permits and amendments thereto shall be submitted to the code official for review and approved before permit issuance. Each application shall include a set of plans and all data necessary to show that the requirements of this chapter are met.
(3) Site plan reviews. The code official shall receive all applications for site plan review and prepare submittals for review by the Common Council.
(4) Special land use permits. The code official shall receive all applications for special land uses as shall be permitted or approved as required by this chapter and prepare submittals for review by the Plan Commission.
(5) Variance applications. The code official shall receive all applications for use variances and dimensional variances as required by this chapter and prepare submittals for review by the Zoning Board of Appeals.
(F) Comprehensive Plan. The code official shall assist the Commission in the development of the Comprehensive Plan.
(G) Cooperation of other officials and officers. The code official shall be authorized to request, and shall receive so far as is required in the discharge of the duties described in this chapter, the assistance and cooperation of other officials and officers of the city.
(H) Liability. The code official, acting in good faith and without malice in the discharge of the duties described in this chapter, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the code official or any employee because such act or omission performed by the code official or the employee in the enforcement of any provisions of such codes or other pertinent law or ordinances implemented through the enforcement of this code or enforced by the enforcing agency shall be defended by the city until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the city. This subchapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcing agent or the city be held as assuming any such liability by reason of the reviews or permits issued under this chapter.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)