(A) There is hereby established the office of Building Commissioner for the town.
(B) The Building Commissioner, except as hereinafter provided, shall be appointed by the Town Council President and serve at the President's pleasure, subject to approval of that appointed by the Council.
(1) The position may be full- or part-time, as the President determines in light of the duties and workload of the office or the President may appoint the town Director of Planning and Development to serve as the Building Commissioner ex officio.
(3) The President, in making the appointment, may also require the appointee have, or attain within a specified amount of time, certification or other minimum qualifications for local building officials and inspectors as may, from time to time, be recommended by the Fire Prevention and Building Safety Commission of the state.
(C) The Building Commissioner shall:
(1) Serve as chief administrative officer of the Department of Building Safety.
(2) Serve as head Building Inspector for the town.
(3) Appoint qualified assistant inspectors as may be necessary to carry out the duties of the department as may be authorized by the Town Council.
(4) Have all power and duties conferred on the enforcement authority under the provisions of IC 36-7-9, as adopted and made applicable.
(5) Have all powers and duties as necessary to enforce other statutes, ordinances or regulations as specifically conferred therein on a municipal building inspector, or which relate to the safety of buildings or physical condition of buildings and premises except to the extent that the powers and duties are expressly conferred on another officer by statute or ordinance.
(6) Have all powers as conferred on a county Board of Health respecting the alleviation and abatement of dwelling units unfit for human habitation located within the town.
(7) Have the power, either personally or by authorized representative, to enter into or upon any building or premises at any reasonable hour for the purpose of making any inspections necessary or desirable in order to determine if the building or premises are unsafe or otherwise in noncompliance with any statutes, ordinances or regulations relating to the condition of real property.
(8) Have the power to issue, serve, promulgate and enforce orders in accordance with rules and procedures specified by statute, ordinance or regulation, or as established by the Town Council, to require compliance of buildings or premises with applicable statutes, ordinances and regulations relating to the safety, condition and maintenance of buildings and their premises or to alleviate or prevent any unsafe conditions found to occur or to be likely to occur therein, including, but not necessarily limited to:
(a) Stop work orders;
(b) Orders to modify, correct, repair or remove any non-complying or unsafe structure, installation or building.
(c) Orders to seal an unsafe building against intrusion by unauthorized persons in accordance with uniform standards as provided by statute or ordinance.
(d) Orders to modify or abandon any use or condition of occupancy which, by its nature, taken in conjunction with the character, type or location of the building or premises, renders the building or premises unsafe;
(e) Orders to vacate an unsafe building; and
(f) Orders to exterminate vermin in or about unsafe buildings and premises.
(9) Have the power to issue and serve civil citations and summonses to persons believed to be violating any penal town ordinance or committing an infraction under any statute, relating to safety, condition and maintenance of buildings; and,
(10) Have other powers and perform other duties as may by ascribed to the Building Commissioner by town ordinance or directives of the Council.
(D) As an alternative, the Town Council may enter into an interlocal agreement under IC 36-1-7 or under IC 36-7-8 or an agency service agreement under IC 5-17-4, with a county or another municipality, to appoint a single person as joint Building Commissioner (or equivalent authority) for each of the parties or to have an officer or agency of the county or other municipality perform the functions of the town Building Commissioner and Department of Building Safety (except the functions of the Building Code Appeals Board) and in that case the previous provisions of this section shall be governed or limited by that agreement.
('85 Code, § 9-1-5) (Ord. 1985-C2, passed 9-16-85)
Editor's note:
I.C. 5-17-4 will be repealed effective July 1, 1998.