(a) Generally. The Code Official shall enforce all of the provisions of this Code.
(b) Notices and Orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this Code.
(c) Right of Entry. The Code Official is authorized to enter any 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. Whenever necessary for the purpose of enforcing the provisions of this Code, or whenever there exists any cause for investigation of a complaint or suspected violation, the Code Official or his or her designee may enter such property at all reasonable times to inspect the same or to perform any duty imposed on the Code Official by this Code, provided that if such property be occupied, the Code Official or his or her designee shall first present proper credentials and request entry. If no response is received to the request for entry, the Code Official or his or her designee shall leave notice reasonably calculated to advise of impending inspection and the means by which the City may be contacted with regard to such inspection. If no objection is made to the City, the Code Official or his or her designee shall proceed with the inspection as stated in the notice. If such entry is refused, the Code Official or his pr her designee shall have recourse to every remedy at law to effect such entry.
(d) Access by Owner or Operator. Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Code. The Code Official shall be deemed to be an agent of the owner or operator to the extent the owner or operator has agreed to allow the Code Official access to the structure or premises.
(e) Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this Code.
(f) Coordination of Enforcement. Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the Code Official so charged by the jurisdiction. Whenever inspections are necessary by any other department, the Code Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders.
(g) Rule-Making Authority. The Code Official shall have power as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this Code to secure the intent hereof 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 practice involving public safety.
(h) Authority to Appoint Officers, Etc. The Code Official shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this Code and as authorized by the appointing authority.
(i) Conflicts of Interest. An official or employee connected with the enforcement of this Code, except one whose only connection is that of a member of the Board of Appeals established under the provisions of Section 1482.21, shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building, nor shall such officer or employee engage in any work that conflicts with his or her official duties or with the interests of the department.
(j) Nonliability of Code Official or Employees. The Code Official, officer or employee charged with the enforcement of this Code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability, for any damage accruing to persons or property as a result of any act required or permitted in the discharge of his or her official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of his or her duties and under the provisions of this Code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this Code, and any officer of the Department of Building Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of his or her official duties in connection therewith.
(k) Official Records. An official record shall be kept of all business and activities of the department specified in the provisions of this Code, and all such records shall be open to public inspection at all appropriate times and according to reasonable rules to maintain the integrity and security of such records.
(Ord. 00-03. Passed 5-15-00.)