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(a) In determining the proportionate replacement value of a destroyed part of a building or other structure, or of additions, alterations or repairs made to a building or other structure, all parts, whether existing, new or destroyed, and including plumbing, heating and ventilating equipment, electrical wiring and equipment, shall be valued at costs current at the time of evaluation. However, parts which do not serve a required purpose such as decorative painting, molded or cast plaster decorations, and wall, floor or ceiling finishes intended for comfort or enhancement, shall not be included in such evaluation.
(b) It shall be the obligation of the owner or his agent to furnish such estimates as will enable the Chief Building Official to determine the proportionate replacement value referred to above. All estimates shall be signed by the owner, his agent or the general contractor responsible for the repairs or alterations. Where such estimates are incomplete or inconclusive, the Chief Building Official may require the owner or his agent to furnish an independent appraisal by an individual or agency satisfactory to both such owner or agent and to the Chief Building Official. If the appraisal cannot be agreed to, the question shall be referred to the Board of Zoning Appeals.
(Ord. 2010-15. Passed 4-14-10.)
All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required in a building when erected, altered or repaired shall be maintained in good working order. The owner shall be responsible for the maintenance of buildings and structures.
(Ord. 2010-15. Passed 4-14-10.)
(a) For the purpose of making any inspections required or permitted under this Code, the Chief Building Official (CBO or Commissioner), upon presentation of proper credentials is authorized to enter, examine and survey at all reasonable times all dwelling, dwelling units, rooming units, occupiable structures, structures and premises provided for in this Code. The owner and occupant of every such dwelling, dwelling unit, rooming unit, occupiable structure and premises and the person in charge thereof shall give such official free access to such dwelling, dwelling unit, rooming unit, occupiable structure and premises at all reasonable times for the purpose of such inspection, examination and survey.
(b) Every occupant of a dwelling, dwelling unit or occupiable structure shall give the owner thereof or his agents and employees access to any part of such dwelling, dwelling unit, occupiable structure or their premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Code.
(c) (1) Except as may be permitted by law in exigent or emergency situations, no penalty under the penalty provisions of this Code, or adverse administrative action permitted under this Code, shall apply or be made against any owner or other party who refuses the right of entry granted to the Building Commissioner hereunder until a search warrant is obtained.
(2) If the owner or occupant does not consent to the proposed inspection, the Building Commissioner may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within ten (10) calendar days after the non-consent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this Code. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
A. Eyewitness account of violation;
B. Citizen complaints;
C. Tenant complaints;
D. Plain view violations;
E. Violations apparent from city records;
F. Property deterioration;
G. Age of property;
H. Nature of alleged violation;
I. Condition of similar properties in the area;
J. Documented violations on similar properties in the area;
K. Passage of time since last inspection; and
L. Previous violations on the property.
(d) If a warrant is issued, no owner or occupant shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the Building Commissioner for the purpose of conducting an inspection and examination pursuant to this section and consistent with the terms of the warrant. If the court declines to issue a warrant, or if no warrant is sought, the inspection may still take place but the scope thereof shall be limited to such areas as are in plain view.
(Ord. 2019-44. Passed 12-11-19.)
(a) The Chief Building Officer (CBO) and or his/her authorized representative is hereby authorized to make or cause to be made inspections of all dwellings, structures, premises and secondary or appurtenant structures to determine whether or not such structures or premises conform to this Building Code of the Village of Highland Hills. Such inspections may also be made whenever the CBO has reasonable cause to believe that a violation of this Code exists therein or thereon.
(b) The Chief Building Official shall inspect all commercial or residential buildings at the following periods of construction:
(1) Installation of footing drains, building drains and building sewers;
(2) Completion of foundation and waterproofing;
(3) During the framing of the superstructure;
(4) Completion of roughing-in of the plumbing, electrical wiring, gas piping, heating ducts or piping, or other similar service installations regulated by this Building Code;
(5) Before closing in all structural elements;
(6) Upon the final completion of the structure.
He may also inspect such building at any time as he may determine to be necessary or desirable. (Ord. 2010-15. Passed 4-14-10.)
When the work for which any building permit was issued is not being performed in conformity with the detailed statement or plans upon which such permit was issued, or is in violation of any provision of this Building Code, it shall be the duty of the Chief Building Official to notify the owner or his agent, in writing, by posting a notice on the building for which the permit is issued, that the work is being constructed in violation of the permit, and that such work must be suspended until a permit for such deviation from the detailed statement or plans is obtained, or that such work shall be made to conform to the detailed statement or plans upon which a permit therefore was issued. If the owner or his agent fails to comply with such notice on the posting thereof, it shall be the further duty of the Chief Building Official to revoke the permit in the manner set forth herein.
(Ord. 2010-15. Passed 4-14-10.)
(a) If, after a building permit has been issued, actual construction work is not commenced within thirty days or if, during the course of construction, work has been suspended for a like period, the permit shall be immediately revocable, and notice to that effect shall be served on the contractor. This notice shall set forth that within five days the contractor shall furnish satisfactory proof that building operations are to be started or recommenced and carried out to completion. If the contractor fails to furnish such proof or, having furnished same, fails to begin or resume work, then the Chief Building Official shall revoke the permit.
(b) Written notice of such revocation, signed by the Chief Building Official, shall be immediately served on the owner, agent, superintendent or contractor in charge of the work, or shall be posted on the premises. No person shall perform any work in or about such structure, building or premises after the revocation of the permit and the posting of notice thereof.
(Ord. 2010-15. Passed 4-14-10.)
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