[Adopted 9-8-2015 by Ord.
No. 2015-06]
There is created and established the Office of Code Enforcement
Officer. The appointment of a Code Enforcement Officer shall be approved
by ordinance or written resolution. The Code Enforcement Officer and
any of his or her assistants shall be responsible to the Mayor. A
Code Enforcement Officer appointed by the Mayor with the consent of
the Council shall have the following powers, authorizations, duties,
qualifications and functions:
A. Subject to the requirements of the Town Council, the Code Enforcement
Officer, shall, in addition to such other duties as may be assigned
to him or her by the Mayor, enforce such laws and ordinances relating
to property, buildings and structures as may be specifically provided.
B. The Code Enforcement Officer shall be technically informed: (1) on
the quality and strength of building materials; (2) on the prevailing
methods of building and construction; (3) on the latest practices
in fire prevention; (4) on the accepted requirement for safe facilities;
and (5) on the proper equipment in buildings, and other installations
for the safety, comfort and convenience of the occupants and the public.
He or she shall not have any interest whatever, directly or indirectly,
in the sale or manufacture of any material, process or device entering
into or used in or in connection with property maintenance, building
or construction within the Town.
C. The Code Enforcement Officer and/or a designated Police Officer may
be authorized by the Mayor and Council to enforce the Town's
ordinances and may deliver a municipal infraction citation, criminal
misdemeanor violation summons, charging document or criminal citation
to any person alleged to be committing or to have committed a municipal
infraction or other violation.
D. The Code Enforcement Officer shall examine premises for which permits
have been or will be issued and shall make necessary inspections to
see that the provisions of applicable laws or ordinances are complied
with and that maintenance or construction is prosecuted safely. He
or she shall, when requested by the Town Council or when the interests
of the Town so require, make investigations in connection with matters
referred to within Town ordinances and render written reports on the
same. For the purpose of enforcing compliance with law, to remove
illegal, nuisance or unsafe conditions, to secure the necessary safeguards,
or to require adequate facilities in existing building or improved
properties, he or she shall issue notices or orders as may be necessary.
E. Unless posted or informed otherwise (i.e, no trespassing), the Code
Enforcement Officer or police officer shall have the right, upon proper
identification, to routinely enter upon private property so far as
is necessary for the performance of duties.
F. The Mayor is hereby authorized and empowered to establish additional
duties for any assigned Code Enforcement Officer, provided that said
officer shall not be vested with police powers of arrest. Code Enforcement
Officers are not authorized to carry firearms, and they shall not
carry firearms while on duty. Said officers shall be assigned such
duties as are civilian and administrative in nature that the Mayor,
from time to time, may direct, that are not inconsistent with the
limitations set forth in this Code, or state law and, in addition,
the Code Enforcement Officer shall be vested with the authority to
issue parking citations, criminal citations and citations for municipal
infractions as expressly provided for in each applicable article or
section of the Town's Code or other ordinances.
G. The Code Enforcement Officer shall keep careful and comprehensive
records of applications, of permits issued, of certificates issued,
of inspections made, of reports rendered, and of notices, citations
or orders issued.
H. In the absence or disability of the Code Enforcement Officer, the
Mayor, with approval of the Town Council, shall designate, by ordinance
or written resolution, a qualified official or subordinate to discharge
the duties of the Code Enforcement Officer.