The City Department responsible for the enforcement and application of this Code shall be the Building Department. The City Official in charge and given the authority to enforce said Code shall be the Building Inspector/Commissioner.
(a) Authority. The Building Inspector/Commissioner shall have authority as necessary in the interest of public health, safety and general welfare, for the enforcement and application of this Code; 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.
(b) Inspections. The Building Inspector/Commissioner shall make all of 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 Building Inspector/Commissioner 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.
(c) Right of Entry. The Building Inspector/Commissioner is authorized to enter exterior property at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Building Inspector/Commissioner is authorized to pursue recourse as provided by law.
(d) Identification. The Building Inspector/Commissioner shall carry proper identification when inspecting structures or premises in the performance of duties under this Code.
(e) Notices and Orders. The Building Inspector/Commissioner shall issue all necessary notices or orders to ensure compliance with this Code.
(f) Department Records. The Building Inspector/Commissioner 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.
(g) Liability.
(1) The Building Inspector/Commissioner 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 an act required or permitted in the discharge of official duties.
(2) Any suit instituted against the Building Inspector/Commissioner because of an act performed by said Building Inspector/Commissioner in the lawful discharge of 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.
(3) The Building Inspector/Commissioner shall not be liable for costs in an action suit or proceeding that is instituted in pursuance of the provisions of this Code.
(h) Fees. Any and all costs incurred in the enforcement and application of this Code shall be paid out of the City Treasury and the Law Director may institute an appropriate action in the appropriate Court(s) to recover such costs from the owner of the premises. (Ord. 2010-22. Passed 5-27-10.)