There is hereby created by the Borough Council of the municipality an Office to be known as the "Office of Code Enforcement." Said Office shall have the responsibility for administering and enforcing the provisions of this chapter and of those other codes and/or ordinances of the municipality, referred to as "applicable codes and ordinances" in § 36-1 of this chapter, which designate said Office of Code Enforcement as their official administration and enforcement agency.
There shall be appointed, by the Borough Council of the municipality,
a Code Enforcement Officer who shall be in charge of the Office of Code Enforcement
of the municipality. The Code Enforcement Officer shall supervise such other
employees or assistants as shall be necessary for the administration and execution
of the responsibilities of said Office, as appointed and approved by the Borough
Council. Said Code Enforcement Officer and other personnel may consist of
employees directly hired and compensated by the municipality.
The Code Enforcement Officer or other official or employee shall not,
while acting for the municipality, render himself liable personally because
of any act or omission as required or permitted in the discharge of his official
duties. Any suit instituted against such Code Enforcement Officer, official
or employee of his duties shall be defended by the Solicitor of the municipality,
and in no case will said Officer, official or employee be liable for costs
in any action, suit or proceeding.
An official record shall be kept of all business and activities of the
Office of Code Enforcement, and all such records shall be open to the public
for inspection at all appropriate times, except that no individual, owner,
operator, occupant or other person shall be subject to unwarranted invasion
of privacy, and except that all evidence or information obtained in the course
of any inspection shall be kept confidential. Such evidence or information
shall not be disclosed, except as may be necessary in the judgment of the
Code Enforcement Officer for the proper and effective administration and enforcement
of the provisions of this chapter, and shall not otherwise be made public
without the consent of the owner, occupant, operator or other person in charge
of the unit, structure or premises inspected.
The Code Enforcement Officer shall enforce and administer all of the
provisions of this chapter and of those other applicable codes and ordinances
which establish the Office of Code Enforcement as their official administration
and enforcement agency.
The duties of the Code Enforcement Officer shall include the receipt
of applications; the issuance of permits, notices, certificates and orders;
the making of inspections to determine conformance with applicable codes and
ordinances; the undertaking of systematic inspection programs; the undertaking
of searches and investigations; the recommendation of appropriate administrative
rules for review and adoption by the Code Hearing Board; the keeping of records;
the issuance of written annual reports; and such other activities as may be
required.
A.
In the discharge of his duties and upon reasonable cause
of a code violation, the Code Enforcement Officer or his authorized representative,
upon showing proper identification where requested, is hereby authorized to
enter and inspect, between the hours of 9:00 a.m. and 4:00 p.m., any structure
or premises in the municipality to enforce the provisions of this chapter
and of those other applicable codes and ordinances. The assistance and cooperation
of all other municipal officials, including Police and Fire Departments, shall
be available to the Code Enforcement Officer to assist in the performance
of his duties and in securing the right of entry.
B.
The Code Enforcement Officer and the owner, operator
or occupant or other person in charge of any structure or premises subject
to the provisions of this chapter may agree to an inspection by appointment
at a mutually convenient time.
C.
The owner, operator or occupant or other person in charge
of any structure or premises shall give the Code Enforcement Officer entry
and free access thereto and to every part of the structure or to the premises
surrounding the structure.
D.
If any owner, operator or occupant or other person in
charge fails or refuses to permit entry and free access to the structure or
premises under his control, or to any part thereof with respect to any authorized
inspection, the Code Enforcement Officer may, upon a showing that probable
cause exists for the inspection, file a complaint and may petition for and
obtain an order directing compliance with the inspection requirements of this
chapter from a court of competent jurisdiction. Any person who refuses to
comply with such an order issued pursuant to this section shall be subject
to such penalties as may be authorized by law for violation of a court order.
