There is hereby created a Planning and Inspections Department
for the City of Harrington, which shall consist of a Code Enforcement
Officer and a Building Code Inspector as approved by the City Council.
The duties of the Building Code Inspector shall include the
following:
A. The
Building Code Inspector shall devote reasonable time to the duties
of his/her office. He/she shall receive applications required by this
Code, issue permits and furnish the prescribed certificates. He/she
shall examine premises for which permits have been issued and shall
make necessary inspections to see that the provisions of law are complied
with and that construction is proceeding safely. He/she shall enforce
all provisions of the building code. He/she shall, when requested
by proper authority or when the public interest so requires, make
investigations in connection with matters referred to in the building
code and render written reports on the same. To enforce compliance
with law, to remove illegal, unsafe conditions, to secure the necessary
safeguards during construction or to require adequate exit facilities
and structure, he/she shall issue such notices or orders as may be
necessary.
B. The
Building Code Inspector will be responsible for all building inspections
within the City limits with the exception of the following: accessory
buildings with a building footprint of 150 square feet or less without
electrical service, administrative reviews, same size residential
and commercial window replacements, roof shingle replacement, ground
level uncovered decks, demolition, interior cosmetic improvements
with no structural wall construction, in-kind exterior siding replacement,
fences and swimming pools. These specific inspections will be performed
and regulated through the City of Harrington internal Code Enforcement
Department or its duly appointed assistant.
C. Inspections
required under the provisions of the building code shall be made by
the Building Code Inspector or his/her duly appointed assistant.
D. The
Building Code Inspector shall keep comprehensive records of applications,
of permits issued, of certificates issued, of inspections made, or
reports rendered, and of notices or orders issued. He/she shall retain
on file copies of required plans and all documents relating to building
work so long as any part of the building or structure to which they
relate may be in existence.
E. The Building Code Inspector shall make timely inspections and be prepared to perform the necessary inspections within 48 hours of receipt of the building application. Applications shall be made at the City Hall at which time all paperwork must be accurate and fees paid per Chapter
180 of the Code to initiate the building review process.
F. All
such records shall be open to public inspection for good and sufficient
reasons at the stated office hours, but shall not be removed from
the office of the Building Code Inspector without written consent.
G. The
Building Code Inspector shall make written report to the City Manager
each month, or more often if requested, including statements of permits
and certificates, and orders promulgated.
Along with other powers and authority granted to the Building
Code Inspector in this chapter, including the codes adopted herein,
the Building Code Inspector shall have the following powers and authority:
A. Temporary
certificates of occupancy. The Building Code Inspector shall have
authority to issue temporary certificates of occupancy for buildings
and structures that do not comply with the codes, upon the terms and
conditions as set forth in this section.
B. Affidavit
to complete work. In the event that the owner and builder of a structure
are in agreement that certain items, such as grading, seeding, soil
stabilization, and other similar work, cannot be completed because
of the weather or the season, but that these items can be completed
by the builder after a temporary certificate of occupancy is granted
and the owner takes possession of the property, then the Building
Code Inspector may grant a temporary certificate of occupancy, conditioned
upon the builder executing an affidavit agreeing to complete the necessary
items specified therein, within a time period specified therein, with
sanctions to be imposed by the Building Code Inspector for noncompliance
by the builder, to include, but not to be limited to, revocation of
the temporary certificate of occupancy, refusal to issue to the builder
further building permits on other parcels, and such other administrative
action as the Building Code Inspector may deem appropriate.
C. Issuance of additional fees for reinspection. The Building Code Inspector shall have authority to charge additional fees for reinspection for failed elements of previously inspected work or lack of timeliness on the part of the application. Said fees shall be in accordance with Chapter
180 of the Code.
D. Time
extensions for building plan review. The Building Code Inspector shall
have authority to issue time extensions for the review of building
plans if it is determined that extenuating circumstances prevent the
timely review of said plans.
E. Hardship. Upon adequate hardship being shown to the Building Code Inspector and upon agreement of all parties, including the owner or equitable owner and the builder, the Building Code Inspector may issue temporary certificates of occupancy for buildings and structures where any work of a minor nature is required in the future to comply with the codes, provided that all parties sign an agreement to this effect and the builder executes an affidavit, with the conditions and stipulations provided in Subsection
B of this section, agreeing to the imposition of sanctions for noncompliance to be imposed by the Building Inspector.
F. Agreements
and affidavits for certificates. The Building Code Inspector shall
prepare uniform agreements and affidavits to be used in granting temporary
certificates of occupancy as stated herein.
G. The
Building Code Inspector or his duly authorized assistant(s) shall
have the right to enter any building or enter upon any land at any
reasonable hour, as necessary, in the execution of his/her duties.
(1) The Building Code Inspector shall notify the owner and tenant before
conducting any inspection.
(2) The Building Code Inspector or his duly authorized assistants shall
display identification signed by the City Manager upon commencing
an inspection.
(3) Inspections shall be commenced in the presence of the owner, or his
representative or tenant.
All appeals of decisions made by the Building Code Inspector
shall be directed to the City Manager. Said appeals shall be made
in writing and shall document the issue that is being appealed in
addition to the section of the Code that precipitates the appeal.
The City Manager shall respond to the applicant within 48 hours with
a facts and findings report that shall be binding based on the Manager's
investigation.
The Building Code Inspector or any employee charged with the
enforcement of this Code, acting in good faith and without malice
for the City in the discharge of his/her said duties, shall not thereby
render himself/herself liable personally and is hereby relieved from
all personal liability for any damage that may accrue to persons or
property as a result of any act required or by reason of any act or
omission in the discharge of his/her duties. Any suit brought upon
the City of Harrington or its designated employee, because of such
act or omission performed during the enforcement of any provision
of this Code, shall be defended by the Legal Department of the City
until final termination of the proceedings.