(A) The Building Commissioner, as appointed by the Mayor, shall have the delegated authority of the Plan Commission and Board of Zoning Appeals to effectuate any and all rules and regulations promulgated or otherwise passed by the Commission and Board as set forth in this subchapter. In addition to these powers, the Building Commissioner shall be empowered to enforce the repair or removal of any structure or the clean-up of any premises pursuant to the provisions of Chapter 150 and/or the removal of any abandoned vehicles pursuant to Chapter 90.
(B) In addition to the above powers and authorities of the Building Commissioner, the Building Commissioner shall likewise be responsible for the issuance of any and all building permits in accordance with the provisions of this chapter and insure compliance therewith, and be empowered to collect monies therefor. The Building Commissioner shall likewise be empowered to process any and all petitions and applications requiring action of either the Plan Commission or the Board of Zoning Appeals, collect monies therefor as fees shall be established in § 155.071, and the collection of monies as set forth above.
(C) The Building Commissioner shall also be empowered to effectuate compliance with any and all appropriate and recognized methods of electrical wiring both in new and used structures, as well as the appropriate and recognized methods of construction, both of new structures, and adding or remodeling of used structures, and effectuating other rules and regulations regarding the safety of the structure, its habitability or compliance with existing rules and regulations for public use. This section in no way delegates authority to the Building Commissioner any more powers than are allowed or permissible under the provisions of the city code or the state statutes, nor is the Building Commissioner empowered to enforce any state rules or regulations or statutes if the state has authorized agents to so do, but empowers the Building Commissioner to work with state agents and pursue the powers and authority as can properly be delegated to him or her in compliance with, and in conformity to this section. Pursuant to I.C. 36-1-7-3, the Building Commissioner may, in conjunction with the Mayor, negotiate an interlocal cooperation agreement with one or more other governmental entities under which the city and other entity or entities jointly exercise the power to inspect the construction of new structures, and additions to or remodeling of used structures, in order to ensure that such construction, addition, or remodeling is completed in compliance with all applicable rules and regulations for public use. Any such agreement is subject to the approval of the Council as provided in I.C. 36-1-7-4.
(D) Any noncompliance on the part of any individual with the rules and regulations as shall be promulgated by the Building Commissioner regarding building codes or electrical codes, as those rules and regulations shall be approved by the Plan Commission, shall be subject to the withdrawal of any permit issued by the Building Commissioner, which will cause the individual to cease and desist until compliance is effectuated, and if the individual fails or refuses to so cease and desist, then the city may take any and all appropriate action as set forth in this subchapter deeming the building to be a nuisance, pursuing equitable remedies as enjoining an individual, pursuing legal remedies as suing for damages or any or all other legal/equitable remedies permitted under the statutes of the state. In addition thereto, the nonconforming individual shall be subject to the penalty provisions set forth in this chapter.
(Prior Code, § 156.31) (Am. Ord. 8-86, passed 7-14-1986; Am. Ord. 4-2016, passed 5-9-2016) Penalty, see § 155.999