(A) Authority. The Building Official is hereby authorized and directed to enforce all of the provisions of this subchapter. For those purposes, he or she shall have the powers of a law enforcement officer.
(B) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this subchapter, or whenever the Building Official or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes the building or premises unsafe, dangerous, or hazardous, the Building Official or his or her authorized representative may enter the building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this subchapter, provided that if the building or premises be occupied, he or she shall first present proper credentials and request entry; and if the building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If the entry is refused, the Building Official or his or her authorized representative shall have recourse to every remedy provided by law to secure entry.
(C) Responsibilities defined.
(1) Every owner remains liable for violations of duties imposed upon him or her by this subchapter even though an obligation is also imposed on the occupants of his or her building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this subchapter.
(2) All buildings and structures and all parts thereof shalt be maintained in a safe and sanitary condition. The owner or his or her designated agent shall be responsible for the maintenance. To determine compliance with this division (C), the building may be reinspected.
(3) Every owner, or his or her agent, in addition to being responsible for maintaining his or her building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he or she occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing 2 or more dwelling units.
(4) Every owner shall, where required by this subchapter, the health ordinance, or the Health Officer, furnish and maintain the approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the presentation of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents, or other pests when the extermination is not specifically made the responsibility of the occupant by law or ruling.
(5) Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary, and safe condition that part of the dwelling or dwelling unit or premises which he or she occupies and controls, shall dispose of all his or her rubbish, garbage, and other organic waste in a manner required by the health ordinance and approved by the Health Officer.
(6) Every occupant shall, where required by this subchapter, the health ordinance or the Health Officer, furnish and maintain approved devices, equipment, or facilities necessary to keep this premises safe and sanitary.
(D) Substandard buildings. All buildings or portions thereof which are determined to be substandard as defined in this subchapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures specified in this subchapter.
(E) Housing Advisory and Appeals Board. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of this subchapter, the City Council, or designated committee, shall act as a Housing Advisory and Appeals Board. The Building Official shall be an ex officio member at the hearings. Appeals to the City Council shall be processed in accordance with the provisions contained in this subchapter. Copies of all rules of procedures adopted by the board shall be delivered to the Building Official, who shall make them public.
(F) Violations. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this subchapter.
(Ord. 148, passed 9-11-1989) Penalty, see § 10.99