[Amended 4-9-1984 by Ord. No. 1261; 1-25-1988 by Ord. No.
1445]
The code official may exercise such powers as
may be necessary or convenient to carry out and effectuate the purposes
and provisions of this chapter, including the following powers, in
addition to others herein granted:
A.Â
To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
B.Â
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.Â
To enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.[1]
[1]
Editor's Note: Former Subsection D, regarding
appointing and fixing duties, and Subsection E, regarding delegation
of functions and powers, which immediately followed this subsection,
were repealed 8-26-2003 by Ord. No. 2016.
The code official shall issue all necessary
notices and orders to abate illegal or unsafe conditions to ensure
compliance with the code requirements for the safety, health and general
welfare of the public.
A.Â
The code official shall make or cause to be made inspections
to determine the conditions of any external structure or premises
in order to safeguard the safety, health and welfare of the public
under the provisions of this chapter. The code official is authorized
to enter upon the external premises to make inspections only by expressed
consent of the owner or occupant or by an inspection warrant issued
by the Municipal Judge upon probable cause shown.
[Amended 4-9-1984 by Ord. No. 1261; 1-25-1988 by Ord. No.
1445]
B.Â
If any owner, occupant or other person in charge of
a structure subject to the provisions of this chapter refuses, impedes,
inhibits, interferes with, restricts or obstructs entry and free access
to any part of the structure or premises where inspection authorized
by this chapter is sought, the administrative authority may seek,
in a court of competent jurisdiction, an order that such owner, occupant
or other person in charge cease and desist with such interference.
C.Â
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 chapter.
The code official or the code official's authorized
representative shall disclose proper credentials of his respective
office for the purpose of inspecting any and all buildings and premises
in the performance of duties under this chapter.
Inspection of premises, the issuance of notices
and orders and enforcement thereof shall be the responsibility of
code officials so charged by the jurisdiction. Whenever, in the opinion
of a code official initiating an inspection under this chapter, it
is deemed necessary or desirable to have inspections 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 which it determines must be issued.
