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.
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.
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.
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.
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.