[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
It shall be the duty and responsibility of the enforcement officer
to enforce the provisions of this Exterior Property Maintenance Code
as herein provided. In enforcing this Exterior Property Maintenance
Code the enforcement officer shall consult or seek the advice of licensed
Town employees whose qualifications and licensing are related to the
provisions of this Exterior Property Maintenance Code or related codes
which are the subject of such enforcement activities. Such other Town
employees shall cooperate with and aid the enforcement officer in
the enforcement of this Exterior Property Maintenance Code.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
The enforcement officer and any employee of the Town working
under the supervision of the enforcement officer who acts in good
faith and without malice in the discharge of duties of enforcement
of this Exterior Property Maintenance Code is relieved of all personal
liability for any damage that may accrue to persons or property as
a result of such acts or alleged failure to act. Further, the enforcement
officer shall not be held liable for any costs in any action, suit
or proceeding that may be instituted by the enforcement officer in
the enforcement of this Exterior Property Maintenance Code.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
The enforcement officer or any employee of the Town working
under the supervision of the enforcement officer shall issue all necessary
notices, orders and summons to abate illegal or unsafe conditions
to ensure compliance with the requirements of this Exterior Property
Maintenance Code for the safety, health and general welfare of the
public and to enforce the provisions of this Exterior Property Maintenance
Code.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
Except in emergent circumstances when the enforcement officer
determines that the safety, health and welfare of the public is threatened,
the enforcement officer shall not enter any premises for the purpose
of making inspections and performing duties under this Exterior Property
Maintenance Code without first making a bona fide effort to secure
the consent of the occupant or the operator of the premises. If the
enforcement officer is unable to secure the consent of the occupant
or operator, the enforcement officer may seek the permission of the
owner to enter the premises and, failing to receive such permission,
may exercise the remedies in the following section. In no event shall
an inspection interfere with the legal or constitutional rights of
the owner, operator or occupant.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
If any owner, operator, occupant or other person in charge of
a premises refuses, impedes, inhibits, interferes with, restricts
or obstructs entry and access to any part of the premises where inspection
authorized by this Exterior Property Maintenance Code is sought, the
enforcement officer may seek, in a court of competent jurisdiction,
an order that such owner, operator, occupant or other person in charge
of the premises cease and desist with such interferences and request
a warrant or order permitting entry.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
Every occupant of premises shall give the owner or operator
thereof or such person's agent or employee access to any part of the
premises at reasonable times for the purpose of making such inspection,
maintenance, repairs or alterations as are necessary to comply with
the provisions of this Exterior Property Maintenance Code. If the
occupant refuses access to the owner to make the repairs, the occupant
shall be liable for any violations not corrected.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
The enforcement officer or the enforcement officer's authorized
representative shall disclose proper credentials of his respective
office for the purpose of inspecting any and all premises in the performance
of duties under this Exterior Property Maintenance Code.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No.
2018]
Inspection of premises, the issuance of notices and orders and
enforcement thereof for purposes of this Exterior Property Maintenance
Code shall be the responsibility of the enforcement officer. Whenever,
in the opinion of the enforcement officer, it is deemed necessary
or desirable to have inspections by any other employee of the Town
or other governmental unit, the enforcement officer shall make reasonable
effort to arrange for the coordination of such inspection so as to
minimize the number of visits by inspectors and for the purpose of
eliminating conflicting orders before any are issued. Any employee
of the Town shall not, however, delay the issuance of any emergency
orders which he determines must be issued. Enforcement may be undertaken
by any Town employee with the authority under another applicable ordinance
or statute to enforce a violation of any statute or ordinance dealing
with the same subject matter.
