Loading...
The government immunity from liability and suit for the city and its employees as determined by Arkansas law shall be applicable to all activities of the city and its employees pursuant to this code.
(Ord. 2006-01-243, § 154-13, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
All fees shall be in accordance with § 10.99 of the Tontitown Code of Ordinances.
(Ord. 2006-01-243, § 154-14, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
(A) General. The Code Official shall enforce the provisions of this code. An interpretation of any term or provision of this code made by the Code Official may be appealed to the City Council by an aggrieved person. The appeal must be filed with the City Clerk within ten business days after the decision has been rendered by the Code Official. The appeal shall consist of a letter from the aggrieved party which sets forth the reasons for the appeal, any other necessary information as well as the payment of any required fee. The City Council shall fix a reasonable time for the hearing of the appeal.
(B) Rule-making authority. The Code Official shall have authority as necessary in the interest of public health, safety and general welfare; to adopt the 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.
(C) Inspections. The Code Official shall make all 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.
(D) 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.
(E) Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(F) Notices and orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this code.
(G) 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.
(H) 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 that inspector’s authority to enforce, that inspector shall report the findings to the Code Official having jurisdiction.
(Ord. 2006-01-243, §§ 154-15--154-22, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16; Am. Ord. 2023-06-1054, passed 6--23)
(A) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Code Official shall have the authority to grant modifications for individual cases, provided the Code Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
(B) Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. Any alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and in compliance with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality strength, effectiveness, fire resistance, durability and safety.
(C) Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
(1) Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall be permitted to approve appropriate testing procedures performed by an approved agency.
(2) Test reports. Reports of tests shall be retained by the Code Official for the period required for retention of public records.
(D) Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(Ord. 2006-01-243, §§ 154-23--154-26, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
Loading...