The building official, member of the board of appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by this code or other pertinent law or ordinance, shall not thereby
be rendered liable personally and is hereby relieved from personal
liability for any damage accruing to persons or property as a result
of any act or by reason of an act or omission in the discharge of
official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by legal representative of the jurisdiction until the final
termination of the proceedings. The building official or any subordinate
shall not be liable for cost in any action, suit or proceeding that
is instituted in pursuance of the provisions of this code.
(1983 Code, sec. 6-22; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
It shall be unlawful for a general contractor, subcontractor,
owner or builder to perform, or to allow or permit to be performed,
any electrical, plumbing or mechanical work, on a project permitted
by him or otherwise within his control, by any person not in possession
of the required license, or in violation of the provisions of any
licensing law of the State of Texas or the City of Lubbock, where
such laws require licensing and are applicable to the work in question.
(1983 Code, sec. 6-38; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
It shall be unlawful for any person, firm or corporation to
erect, construct, alter, extend, repair, move, remove, demolish or
occupy any building, structure, system or equipment regulated by this
code, or cause same to be done, in conflict with or in violation of
any of the provisions herein, or any rules established by the building
official for the administration of this code. It shall also be unlawful
for any person, firm or corporation to fail to abide by a lawful order
or directive given by the building official for purposes of securing
the intent of this code.
(1983 Code, sec. 6-80AA; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
The building official is authorized to serve a notice of violation
or order on the person responsible for the erection, construction,
alteration, extension, repair, movement, removal or demolition of
any building or system regulated by this code, or occupancy of a building
or structure in violation of the provisions of this code, or in violation
of a permit or certificate issued under the provisions of this code.
Such order shall direct the discontinuance of the illegal action or
condition and the abatement of the violation.
(1983 Code, sec. 6-80BB; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
If the notice of violation is not complied with promptly, the
building official is authorized to request the legal counsel of the
jurisdiction to institute the appropriate proceeding at law or in
equity to restrain, correct or abate such violation, or to require
the removal or termination of the unlawful occupancy of the building
or structure in violation of the provisions of this code or of the
order or direction made pursuant thereto. Additionally, the building
official may file, or cause to be filed, a criminal complaint in municipal
court for any violation of this code.
(1983 Code, sec. 6-80CC; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
Any person who violates a provision of this code or fails to
comply with any of the requirements thereof or who erects, constructs,
alters or repairs a building, structure or regulated system in violation
of the approved construction documents or a directive of the building
official, or of a permit or certificate issued under the provisions
of this code, shall, upon conviction, be subject to a fine of not
less than two hundred dollars ($200.00) nor more than one thousand
dollars ($1,000.00), and each day that such violation is allowed to
exist shall constitute a separate offense.
(1983 Code, sec. 6-80DD; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
Whenever the building official finds any work regulated by this
code being performed in a manner either contrary to the provisions
of this code or dangerous or unsafe, the building official is authorized
to issue a stop work order.
(1983 Code, sec. 6-80EE; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
The stop work order shall be in writing and shall be given to
the owner of the property involved, or to the owner's agent, or to
the person doing the work. Upon issuance of a stop work order, the
cited work shall immediately cease. The stop work order shall state
the reason for the order, and the conditions under which the cited
work will be permitted to resume.
(1983 Code, sec. 6-80FF; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be subject
to penalties as prescribed by law.
(1983 Code, sec. 6-80GG; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
The department of building inspection is hereby created and
the official in charge thereof shall be known as the building official.
(1983 Code, sec. 6-12; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building official shall be appointed by the chief appointing
authority of the jurisdiction.
(1983 Code, sec. 6-13; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
In accordance with the prescribed procedures of this jurisdiction
and with the concurrence of the appointing authority, the building
official shall have the authority to appoint a deputy building official,
the related technical officers, inspectors, plan examiners and other
employees. Such employees shall have powers as delegated by the building
official.
(1983 Code, sec. 6-14; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building official is hereby authorized and directed to enforce
the provisions of this code. The building official shall have the
authority to render interpretations of this code and to adopt policies
and procedures in order to clarify the application of its provisions.
Such interpretations, policies and procedures shall be in compliance
with the intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving requirements specifically provided
for in this code. The building official shall have authority as necessary
in the interest of public health, safety and general welfare to adopt
and promulgate rules and regulations to interpret and implement the
provisions of this code to secure the intent thereof and to designate
requirements applicable because of local climatic or other conditions.
Such rules shall not have the effect of waiving structural or fire
performance requirements specifically provided for in this code, or
of violating accepted engineering practice involving public safety.
(1983 Code, sec. 6-15; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building official shall receive applications, review construction
documents and issue permits for the erection, and alteration, demolition
and moving of buildings and structures, inspect the premises for which
such permits have been issued and enforce compliance with the provisions
of this code.
(1983 Code, sec. 6-16; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building official shall issue all necessary notices or orders
to ensure compliance with this code.
(1983 Code, sec. 6-17; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building official shall make all of the required inspections,
or the building official shall have the authority to accept reports
of inspection by approved agencies or individuals. Reports of such
inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual.
The building official is authorized to engage such expert opinion
as deemed necessary to report upon unusual technical issues that arise,
subject to the approval of the appointing authority.
(1983 Code, sec. 6-18; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building official shall carry proper identification when
inspecting structures or premises in the performance of duties under
this code.
(1983 Code, sec. 6-19; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
Where it is necessary to make an inspection to enforce the provisions
of this code, or where the building official has reasonable cause
to believe that there exists in a structure or upon a premises a condition
which is contrary to or in violation of this code which makes the
structure or premises unsafe, dangerous or hazardous, the building
official is authorized to enter the structure or premises at reasonable
times to inspect or to perform the duties imposed by this code, provided
that if such structure or premises be occupied that credentials be
presented to the occupant and entry requested. If such structure or
premises is unoccupied, the building official shall first make a reasonable
effort to locate the owner or other person having charge or control
of the structure or premises and request entry. If entry is refused,
the building official shall have recourse to the remedies provided
by law to secure entry. When the building official shall have first
obtained a proper inspection warrant or other remedy provided by law
to secure entry, no owner or occupant or person having charge, care
or control of any building or premises shall fail or neglect, after
proper request is made as herein provided, to promptly permit entry
therein by the building official for the purpose of inspection and
examination pursuant to this code.
(1983 Code, sec. 6-20; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building official shall keep official records of applications
received, permits and certificates issued, fees collected, reports
of inspections, and notices and orders issued. Such records shall
be retained in the official records for the period required for retention
of public records.
(1983 Code, sec. 6-21; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building official shall have the authority to authorize
immediate disconnection of temporary utility service to a building,
structure or system regulated by this code. The building official
shall have the authority to authorize disconnection of permanent utility
service in case of emergency where necessary to eliminate an immediate
hazard to life or property. The building official shall notify the
serving utility, and wherever possible the owner and occupant of the
building, structure or service system of the decision to disconnect
prior to taking such action. The placement of a door hanger shall
be considered sufficient notification to the owner and occupant. If
not notified prior to disconnecting, the owner or occupant of the
building, structure or service system shall be notified in writing
as soon as practical thereafter. It shall be unlawful for any person
or utility company to refuse an order of the building official to
disconnect a utility, source of energy, fuel or power to any building
or system in accordance with this section.
(1983 Code, sec. 6-80U; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
(a)
Wherever there are practical difficulties involved in carrying out
the provisions of this code, the building official shall have the
authority to grant modifications for individual cases, upon application
of the owner or owner's representative, provided the building official
shall first find that special individual reason makes the strict letter
of this code impractical and the modification is in compliance with
the intent and purpose of this code and that such modification does
not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be
recorded and entered in the files of the department of building inspection.
(b)
Wherever this chapter, or any other provision of this Code of Ordinances,
contains construction prohibitions or building requirements or limitations
that are predicated upon a minimum or maximum distance from a property
line, or that prohibit encroachment of building construction upon
a property line, the building official may, at his discretion, and
with the approval of other affected departments and/or agencies, as
applicable, grant relief from such requirements, limitations or prohibitions,
provided that all of the following are met:
(1)
The land parcels or lots sharing the property line are under common
ownership;
(2)
A covenant agreement approved by the city attorney is executed by
the owner of the property wherein the property owner agrees to hold
both parcels as one so that they may not thereafter be separately
conveyed without release of the covenant by the building official;
(3)
The covenant agreement shall be filed in the deed records of Lubbock
County, and shall run with the land until a release is subsequently
filed by the building official;
(4)
The building official shall not release the covenant without having
first verified that the buildings on each parcel have been made to
wholly conform to the requirements of the building code, or other
city ordinance, from which relief had been originally granted, and
that any similar condition created subsequent to the filing of said
covenant has also been removed such that there exists no current violation;
(5)
The covenant agreement procedure shall not be used to contravene
or circumvent subdivision regulations that are otherwise valid and
applicable, as determined by the director of planning.
(1983 Code, sec. 6-25; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2007-O0024, sec. 1,
adopted 3/22/2007)
