[Ord. 2002-180 § 1 (part)]
A. 
Authority. There is established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official.
B. 
General. Whenever the term or title administrative authority, building official, chief inspector, code enforcement officer, or other similar designation is used herein, or in any of the technical codes, it shall be construed to mean the building official designated by the appointing authority of this jurisdiction.
[Ord. 2002-180 § 1 (part)]
A. 
General. The building official is hereby authorized and directed to enforce all the provisions of the administrative code and the referenced technical codes. For such purposes, he shall have the powers and duties of a law enforcement officer as provided for in the Code of Iowa. See Section 15.08.205, subsection H. regarding liability.
B. 
Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint related technical officers, inspectors and other employees as shall be authorized from time to time. He may deputize such inspectors or employees as may be necessary to carry out code enforcement duties.
C. 
Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of the administrative code and the technical codes, or whenever the building official or his authorized representative has probable cause to believe there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by such codes; provided, that if such building or premises is occupied, he shall first present proper credentials and demand entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of entry. Should entry be refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
D. 
Stop Orders. Whenever any work is being done contrary to the provisions of the administrative code and the technical codes, the building official may order the work stopped by notice, in writing, served on any persons engaged in the doing, or causing such work to be done, or by posting such notice on the premises, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work.
E. 
Occupancy Violations. Whenever any building or structure or building service equipment therein regulated by the administrative code and the technical codes is being used contrary to the provisions of such codes, the building official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes.
F. 
Authority to Disconnect Utilities. The building official, or his authorized representative, shall have the authority to disconnect any utility service or energy supplied to the building, structure, or building service equipment therein regulated by the administrative code, or the technical codes, where necessary, to eliminate an immediate hazard to life or property and in order to insure satisfactory compliance with the administrative code and the technical codes. The building official shall, whenever possible, notify the serving utility, the owner and occupant of the decision to disconnect. Such notification shall be given 24 hours prior to taking such action.
G. 
Connection After Order to Disconnect. No person shall make connections from any energy, fuel or power supply nor supply energy or fuel to any building service equipment which has been disconnected, or ordered to be disconnected, by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment.
H. 
Liability. The building official, or his authorized representative charged with the enforcement of the administrative code and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the building official or employee because of such act or omission performed by him in the enforcement of any provision of such codes shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings including the provision of surety for any and all damage claims secured in such proceedings.
The administrative code and the technical codes shall not be construed to relieve from, or lessen the responsibility of, any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspection authorized by such codes or approvals issued under such codes.
I. 
Cooperation of Other Officials. The building official may request, and shall receive so far as is required in the discharge of his duties, the assistance and cooperation of other officials of this jurisdiction including, but not limited to, the Scott County Board of Health, Scott County Sheriff's Department and the Davenport Police Department.
J. 
Miscellaneous Duties. Subject to the policy directives of the City Council and the Mayor, the building official shall:
1. 
Supervise and direct all employees engaged in the enforcement of the technical codes.
2. 
Administer and enforce the building code, mechanical code, plumbing code, electrical code and may enforce all code provisions relating to construction, enumerated in Section 15.08.110 of this code.
3. 
Submit a report to the City Council as of July 1st of each year covering the work of the office of construction code enforcement during the preceding fiscal year.
4. 
Have and exercise all powers and duties assigned to him by statute or ordinance and such other authority as may be granted by the City Council.
[Amended 11-13-2024 by Ord. No. 2024-465; 12-9-2020 by Ord. No. 2020-495; Ord. 2017-93 § 8[1]; Ord. 2002-180 § 1 (part)]
A. 
In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the technical codes, there shall be, and is created, a combined construction code board of appeals and review, consisting of seven members. The Mayor shall strive to appoint one member who is a: State of Iowa electrical contractor or journeyman, State of Iowa licensed plumbing contractor or journeyman, State of Iowa licensed mechanical ( HARV) contractor or journeyman, City of Davenport licensed Class A commercial building contractor, City of Davenport licensed Class B residential new construction contractor, architect, and professional engineer, at least one of whom is a resident of Davenport. The board shall be appointed to staggered three-year terms by the Mayor with the concurrence of the City Council. The board may adopt reasonable rules and regulations for conducting their meetings, investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. A simple majority of the board shall constitute a quorum to transact the business of the board. A simple majority of the members present by voice vote shall be required on action by the board.
1. 
The transition rule to start the staggered terms is as follows:
Board Member
Name
Term Expires
1
Horace Peeples
10/31/2021
2
Frank Ehrecke
10/31/2021
3
Steve Duncan
10/31/2022
4
Gary Tomlinson
10/31/2022
5
Darrin Guffy
10/31/2023
6
Andrew Dasso
10/31/2023
7
Tim Koehler
10/31/2023
B. 
Any person, firm or corporation, or any officer, department, board or bureau aggrieved by any order, requirement, decision or determination made by the building official on all matters pertaining to buildings or structures or occupancy included in the various technical codes shall have the right to appeal to the board within 10 days of the building official's order, decision or determination.
C. 
An appeal is considered filed upon the submittal of a written notice as specified below and payment of a filing fee of $100 to the finance department of the City within 10 days of the building officials written or verbal order, decision or determination. Such appeal shall set forth the order appealed from and the reason why the appellant believes it to be incorrect. The board shall hear the appeal and render a decision without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.
D. 
The board after hearing the appeal may reverse, affirm, modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner the board may decide is fitting and proper and consistent with the intent and purpose of the applicable code. To that end, the board shall have all the power of the officer from which the appeal is taken. A vote of five members of the board shall be necessary to reverse, modify or amend an order, requirement, decision or determination of the official or to decide any matter wholly or partly, in appellant's, favor.
E. 
Nothing in this subchapter shall be presumed to grant authority relative to the interpretation of the administrative code.
[1]
Editor's Note: This ordinance also provided for the repeal of former Sections 15.08.220 through 15.08.235, which provided for a separate board of appeals and review for the mechanical code, plumbing code, electrical code and building code, all adopted by Ord. 2002-180.