(A) Building Code: The Minnesota state building code as adopted by the commissioner of administration pursuant to Minn. Stat. §§ 326B.101 to 326B194, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota commissioner of administration, through the building codes and standards division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this code. The Minnesota state building code is hereby incorporated in this code as if fully set out herein.
(B) Application, Administration, And Enforcement: The application, administration, and enforcement of the code shall be in accordance with the Minnesota state building code. The code shall be enforced within the extraterritorial limits permitted by Minn. Stat. § 326B.121, when so established by this code. A Minnesota certified Building Official designated by the City to administer the Minnesota state building code shall enforce said code.
(C) Permits And Fees: The issuance of permits and the collection of fees shall be as authorized in Minn. Stat.§ 326B.121. Permit fees shall be assessed for work governed by this code in accordance with Chapter 34 of this Code. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minn. Stat. § 326B.148.
(D) Scope: The building code shall apply to the construction, reconstruction, alteration and repair of farm dwellings and buildings.
(E) Enforcement of Provisions: Right of Entry.
(1) Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official or his/her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe, the Building Official or his/her authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied, he/she shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his/her authorized representative shall have recourse to every remedy provided by law to secure entry.
(2) No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to properly permit entry therein by the Building Official or authorized representative for the purpose of inspection and examination pursuant to the building code. Any person violating this subsection shall be guilty of a misdemeanor.
(3) “Authorized representative” shall include the Building Official and assigns.
(F) Stop Work Orders: Whenever any building work is being done contrary to the provisions of the building code, the Building Official may order the work stopped by notice, in writing, served on any person engaged in the doing or causing such work to be done, or posted on the property where work is being performed, and any such persons shall forthwith stop work until authorized by the Building Official to proceed with the work.
(G) Occupancy Violations: Whenever any structure is being used contrary to the provisions of the building code, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within ten days after receipt of such notice or make the structure, or portion thereof, comply with the requirements of the building code.
(H) Nonliability Of Building Official; Suits:
(1) The Building Official or any employee charged with the enforcement of the building code, acting in good faith and without malice for the City in the discharge of his/her duties, shall not thereby render himself/herself liable personally, and he/she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his/her duties.
(2) Any suit brought against the Building Official or employee, because of such act or omission performed by him/her in the enforcement of any provisions of the building code, shall be defended by the legal department of the City until final termination of the proceedings.
(I) Cooperation Of Other Officials: The Building Official may request, and shall receive so far as may be necessary in the discharge of his/her duties, the assistance and cooperation of other officials of the City.
(J) Violation; Penalty: 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 in the City or cause the same to be done, contrary to or in violation of any of the provisions of the building code. Any person, firm or corporation violating any of the provisions of the building code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of the building code is committed, continued or permitted.