This article shall be known as "Article II, Administration and Compliance."
Existing conditions not in strict compliance with this chapter
may be permitted to continue where the Building Department finds that
the exceptions do not constitute a hazard to life, health or property.
A.
The Building Department shall be designated to administer and secure
compliance with this chapter. Said office is hereinafter referred
to as "the agency."
B.
The agency shall be under the direction and charge of the Building
Department, which shall have as its representatives such assistants
and inspectors as may be necessary to carry out effectively the powers
and duties of the agency.
C.
All personnel of the agency shall be furnished with appropriate official
badges or identification cards.
D.
All personnel of the agency shall be free from personal liability
for acts done in good faith in the performance of their official duties.
E.
The agency shall be charged with the duty of administering this chapter
and securing compliance therewith.
F.
Where violations of Chapter 127, Building Construction and Fire Prevention, exist and pose an immediate hazard or danger to the health, safety or welfare of building occupants or of the public, the Inspector of Buildings, or his or her designee, or Code Enforcement Officer may issue an order citing the violation and directing such action by such municipal agency as is necessary to remove or abate the immediate hazard or danger.
G.
Inspectors shall be authorized and have the right, in the performance
of their duties, to enter any premises in a bona fide emergency to
protect the public interests and safety.
H.
Owners, agents, operators and occupants shall be responsible for
providing access to all parts of the premises within their control
to authorized agency personnel acting in the performance of their
duties, except that the owner, agent, or person in charge thereof
shall have the right to insist upon the procurement for a search warrant
from a court of competent jurisdiction by the Inspector of Buildings,
or his or her designee, or Code Enforcement Officer, in order to enable
such inspection.
(1)
It shall be the responsibility of the owner, agent, or operator,
except where an occupant has requested an inspection, then it shall
be the responsibility of the occupant, to have a person of suitable
age and discretion present, except in cases of emergency or where
a search warrant has been secured, during an inspection of a dwelling.
(2)
In cases where an inspection is conducted on an occupied dwelling
unit, it shall be the responsibility of the owner, agent, or operator,
except where an occupant has requested an inspection, then it shall
be the responsibility of the occupant, to remove furniture, debris,
or any other barriers, to the extent practicable, away from walls,
openings, outlets, and any other place that might be blocked so as
to provide necessary access to the Code Enforcement Officer to conduct
a thorough inspection.
I.
The agency shall keep records of all complaints received, inspections
made and violations found regarding premises regulated by this chapter.
Such records shall be available for public inspection.
