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A. Building Commissioner:
1. Office Created; Appointment: There is hereby created the office and position of building commissioner (sometimes referred to in this Title as the "Building Official"), who shall be appointed by the village president with the advice and consent of the board of trustees. Such office and position may be filled by a person employed for that purpose by the village or by a person or firm engaged as an independent contractor by the village for that purpose. The building commissioner may be removed at any time, with or without cause, and whether or not his/her or its current term of office has expired, by the village president, with the concurrence of the board of trustees. The term "building commissioner" as used in this code shall refer to and mean any individual person duly appointed to that position by the village president with the advice and consent of the board of trustees, as well as the respective designee of such person pursuant to Paragraph C below, or to any person or firm engaged as an independent contractor and any and all persons employed by any such firm for that purpose.
2. Compensation: Any such commissioner shall receive such compensation, if any, as an employee of or as an independent contractor with the village as may be fixed by the board of trustees from time to time consistent with the then current annual appropriation ordinance of the village.
3. Enforce Building And Zoning Regulations: It shall be the duty of the building commissioner to see to the enforcement of all the provisions of this title and all other provisions of this code relating to building or zoning and to inspect all buildings and structures and parts and appurtenances thereof regulated by this title being erected, installed or altered as frequently as may be necessary to ensure compliance with this code. The building commissioner shall have authority to enforce the provisions of this title and initiate prosecution of any violation of same.
4. Violation, Stop Work Order: The building commissioner shall have the power to order all work stopped on construction, installation, alteration or repair of buildings and structures, and parts and appurtenances thereof regulated by this title in the village when such work is being done in violation of any provision of this code relating thereto, or in violation of the zoning ordinance 1 . Work shall not be resumed after the issuance of such an order except on the written permission of the commissioner; provided, that if the stop order is an oral one, it shall be followed by a written stop order within seventy two (72) hours. Such written stop order may be served by any policeman or the village administrator.
Any person who shall continue work in violation of a stop order of the building commissioner shall be fined as specified from time to time in section 1-4-1 of this code for each day on which any work in violation of such stop order is done.
5. Right Of Entry: The building commissioner shall have the power to make or cause to be made an entry into any building or premises where the work of altering, installing, repairing or constructing any building and structure and parts and appurtenances thereof regulated by this title is going on for the purpose of making inspections at any reasonable hour.
6. Other Duties: Duties and authority of the building commissioner shall include the administration of this code and other applicable ordinances and state laws, together with the following:
a. Keep careful, systematic records of the business and work of office, including applications, survey plats and building plot plans, all construction plans and specifications, copies of permits and certificates issued, affidavits and certificates received, a record of inspections, copies of notices and orders issued, reports of tests made. Plans and specifications of houses and accessories, except survey plats and building plot plans, may be destroyed after two (2) years. Those parts of plans for other buildings which may be useful for future periodic inspections shall be kept.
b. Make inspections and for that purpose may enter buildings, structures and premises.
c. Stop by written order work being done contrary to the building permit or this title.
d. Revoke, by writing, a permit or approval issued contrary to this title or based upon a false statement or misrepresentation in the application.
B. Deputy Building Commissioner:
1. Office Created; Appointment: There is hereby created the office of deputy building commissioner, who shall be appointed by the village president, with the advice and consent of the board of trustees. Any such deputy building commissioner shall serve at the pleasure of the village president and may be terminated, with or without cause, by the village president, with the concurrence of the board of trustees.
2. Compensation: Any such deputy building commissioner shall receive such compensation, if any, as an employee of or as an independent contractor with the village as may be fixed by the village president from time to time consistent with the then current annual appropriation ordinance of the village.
3. Powers And Duties: Any such deputy shall have the same powers and duties as the building commissioner but shall be subject to the direction, supervision and control of the building commissioner when the building commissioner is available and able to do so.
C. Authority of Designee(s): Any reference in this Title to the authority of the Village Commissioner to grant or deny an approval or provide specific direction shall, whether or not so specified, include the authority for such decision to be made by a designee of the Building Officer.
D. Village Administrator May Act: Whenever the person so appointed or the firm so engaged to serve as Building Commissioner is unavailable or temporarily absent from the Village, or if the position of Building Commissioner is vacant at the time, the Village Administrator is authorized to and may serve as the Building Commissioner, and for such purpose during such a time shall hold all of the authority of that office. (Ord. 2011-O-07, 4-6-2011; amd. Ord. 2020-O-05, 2-4-2020)
1. See title 8 of this code.