104.1 General. The Code Official shall enforce the provisions of this code.
104.2 Rule-making authority. The Code Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety. The following subsections shall be used as the enforcement policy for this code.
104.2.1 Identifying violations.
(a) Complaints: The following method shall be utilized in prioritizing registered complaints: (Note: all complaints shall be logged into the current filing method)
Highest priority: Life Safety issues (Identity of complainant is not required)
Next: Identified complainant who is willing to testify in legal proceedings.
Next: Identified complainant who is not willing to testify in legal proceedings.
Next: Unidentified complainant.
(b) Field survey: Surveys of the city shall be performed as outlined in the code official’s city-wide schedule. This schedule shall originate from the Property Maintenance Inspector and approved by the Chief Building Official. The Inspector shall classify the violations and pursue compliance as outlined in this section in the following manner:
Condition Rating Criteria | |
Condition Rating | Criteria |
1. Sound | The structure, yard, walks and steps are well maintained and no exterior code violations are apparent. |
2. Minor repair | Minor maintenance task(s) need to be preformed; spot painting of exterior siding, trim, doors, gutters and/or downspouts; the replacement of rusted gutters and downspouts; minor repair to steps, yard, walks, driveways and/or fences. |
3. Major repair | More extensive repairs need to be made, such as painting the complete building, re-roofing, installing all new gutters and/or downspouts, replace or repair structure at egress locations, replace concrete flat work, extensive rubbish in yard area and general conditions of the site must be attended to. |
4. Rehabilitation | The repairs are more costly than the major repair category but reinvestment still feasible. Replacing such items as windows, doors, roof sheathing, or replacing exterior egress elements, rebuilding sections of foundation and chimney may be necessary. |
5. Dilapidated | Rehabilitation of these structures is generally more expensive due to interior deterioration; exterior repairs similar to those cited in condition #4 structures are typically required. |
(c) Data and code enforcement activities: Data from the surveys is aggregated for each inspection area. The inspector then targets the structure and premises that rated a 3, 4, or 5 for legal orders and prosecution efforts. The inspector should issue orders for exterior renovations in spring or early summer to give the owner the bulk of construction season to make the necessary repairs. Those properties that receive a 2 rating should be encouraged by the Property Maintenance Inspector to make the necessary repairs before they fall into a higher rating.
104.3 Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
104.4 Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law.
104.5 Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
104.6 Notices and orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this code.
104.7 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations.
104.8 Coordination of inspections. Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders.
Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector’s authority to enforce, the inspector shall report the findings to the code official having jurisdiction.
(Ord. 03-1429, passed 10-7-03)