(A) The Mayor shall appoint a Building Commissioner, subject to confirmation of Council. The Building Commissioner shall be subject to removal at any time by the Mayor. Appointment shall be for a two-year period.
(B) The Building Commissioner shall have charge of all buildings, and buildings under construction, to be inspected. He or she shall pass on all questions arising under the Building Code, the enforcement of which he or she is charged with, and the village laws and ordinances relating to the same subject matter. He or she shall be a practical builder with at least ten years experience, a registered professional engineer, or a registered professional architect of the state. In the absence of the Building Commission, an assistant may be appointed by the Mayor, who shall perform all duties of the Building Commissioner which are detailed as follows.
(1) General. The Building Commissioner shall be charged with the inspection of buildings, enforcement of the Building Code, and all laws and ordinances relating to the erection, construction, alteration, additions to, repair of, inspection, wrecking, razing, moving, and safety of buildings, structures, signs, elevators, boilers, heating and ventilating apparatus, gas fittings, house drainage and plumbing, electric wiring, fire escapes, and other protective devices; shall pass on all questions relating to the strength and durability of buildings, structures, and materials; shall examine and approve all plans and specifications therefor before a permit shall be issued, and shall promptly acknowledge receipt of all official communications, notices, and reports. In addition, he or she shall have the duties of inspection of sewers and drains, of the investigation of stoppages and complaints, and other matters in connection with the sewerage and drainage that may be brought to his attention; of the issuance of permits for, and the inspection of, sidewalk construction, reconstruction, and repairs; of the investigation of complaints of defective conditions in sidewalks and other work in connection with, or related to, all of the aforesaid categories assigned to the Building Commissioner by the Council or the Mayor.
(2) Authority. The Building Commissioner shall have the authority to inspect any building or structure in the village for purposes as set forth in this section and no person shall hinder or prevent him or her from so doing. In the event permission is denied to conduct a search of rental property, the Building Commissioner shall have the authority to obtain a warrant from a court of proper jurisdiction to conduct said search.
(3) Precautionary measures. Whenever the Building Commissioner finds any structure in an unsafe or unsanitary condition endangering life or property, and the condition could be averted by immediate precautionary measures, he or she shall have the authority to and shall notify the property owner to take precautionary measures as necessary to place the structure in a safe and sanitary condition. The notice shall state the nature of the work required to be done and when it shall be completed by the owner of the structure notified.
(4) Condemnation.
(a) The Building Commissioner shall have the authority, when unable to locate the owner in person or by letter, to post the following notice on the building: “This structure is in a dangerous condition. It has been condemned by the Building Commissioner and must be wrecked or repaired”.
(b) No person shall remove the notice without the permission of the Building Commissioner. In case the owner refuses to comply, it shall be unlawful for anyone to occupy or use that structure.
(5) Assistants. Whenever necessary, the Building Commissioner shall have the right to take with him or her, or appoint, assistants necessary for the performance of his or her duties.
(6) Immediate action. In any case when the public safety requires immediate action, the Building Commissioner may enter on the premises, and cause to be made or make any structure safe, secure, and sanitary without delay and the public protected at the expense of the property owner.
(7) Keep records. The Building Commissioner shall keep proper records and make a monthly report to the Village Fiscal Officer of all income received during the preceding month accompanied by the cash collected, make monthly reports to the Council, County Auditor, Regional Planning Commission, and the Village Planning Commission of the number of permits issued during the preceding month and the charges therefor, the estimated value of the construction of those buildings, structures, or work for which the permits were issued, including number of family units, number of inspections and charges therefor, and any further information that may be required.
(8) Responsibility. No oversight or dereliction on the part of the Building Commissioner shall legalize the violation of any part of the Building Code.
(a) No one shall use any materials, devices, or appliances not in accordance with the Building Code provisions or the approval of the Building Commissioner.
(b) The Building Commissioner shall have the right to verify and correct the estimated cost of any proposed improvement and any other information required to be given, as provided for in the Building Code.
(c) The Building Commissioner may adopt rules, including but not limited to such rules as may be deemed necessary to maintain the historic and aesthetic character of the village in accordance with Title XV, which, when approved by Council, shall have the force and effect of ordinances. Until other rules have been adopted and approved by Council, the recommended provisions of various approved technical organizations, with exceptions and additions as specified in the Building Code, shall be considered the rules applicable and shall have the force and effect of ordinances, except when the rules are nonconforming with other Building Code Provisions. The Building Commissioner shall keep at least two copies of all rules in his office for public reference.
(d) Any officer or employee charged with Building Code enforcement, acting for the village, in the discharge of his or her duties, shall not be personally liable and is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of duties. Any suit brought against any officer or employee because of an act performed by him or her in the enforcement of any provision of the Building Code, shall be defended by the Village Attorney until the final termination of the proceedings therein.
(e) The rate of pay for the Village Building Commissioner shall be established by Council.
(1967 Code, § 33.01) (Ord. O-15-63, passed 10-28-1963; Ord. O-6-05, passed 4-25-2005; Ord. O-14-16, passed 7-18-2016; Ord. O-17-17, passed 10-9-2017; Ord. O-21-20, passed 11-23-2020)
Cross-reference:
Building code, see Ch. 150