The village building department and the office of village inspector
are hereby created.
(Ordinance 03-31-04-01, sec. 3.A,
adopted 3/31/04)
The village building department and the office of village inspector
shall be vested with all rights, powers, and authorities as allowed
hereunder or under other applicable state statute, law, rule, or regulation.
(Ordinance 03-31-04-01, sec. 3.B,
adopted 3/31/04)
(a)
The
village inspector and other necessary personnel for the village building
department may be employed directly by the village or an independent
contractor thereto. The village inspector, subject to the review and
supervision of the mayor and board of aldermen of the village, shall
be responsible for the day-to-day operations of the building department.
(b)
The
village inspector and any other employee or contractor to the village
building department shall be appointed by the mayor with the advice
and consent of the board of aldermen and subject to any applicable
law or ordinance. The village inspector and any other employee or
contractor to the village building department shall serve at the pleasure
of the village.
(c)
The
mayor and the board of aldermen shall determine the size and duties
of the village building department and any employees or contractors
thereof.
(Ordinance 03-31-04-01, sec. 3.C-E,
adopted 3/31/04)
The village inspector and any employee or contractor of the
village building department are hereby authorized to enforce any applicable
federal or state statute, rule, or regulation and any and all applicable
ordinances of the village as are now enacted or may be hereafter enacted,
and any provision of this chapter.
(Ordinance 03-31-04-01, sec. 3.F,
adopted 3/31/04)
In accordance with the procedure of the board of aldermen and
with the approval of the board of aldermen, the village inspector
may appoint such number of officers, inspectors, assistants, contractors,
or employees as shall be authorized by the village from time to time,
and he may deputize such officers, inspectors, assistants, contractors,
or employees as may be necessary to carry out the functions of village
inspector and the building department.
(Ordinance 03-31-04-01, sec. 3.G,
adopted 3/31/04)
The village inspector shall submit monthly reports, an annual
summary report by January 15 of each year, and such other documents
or materials as the board of aldermen may from time to time require,
covering the work of the building department and the village inspector
during the preceding period. He shall make recommendations in such
reports as to desirable amendments to this chapter.
(Ordinance 03-31-04-01, sec. 3.H,
adopted 3/31/04)
The village inspector shall keep a permanent, accurate account
of all fees and other monies collected, received, or expended in his
duties or the duties of the building department, the names of the
persons upon whose account the same were paid, and the date and amount
thereof, together with the location of the building or premises to
which such documents relate.
(Ordinance 03-31-04-01, sec. 3.I,
adopted 3/31/04)
Whenever necessary to make an inspection or to otherwise enforce any provision of this chapter, or when the village inspector or his authorized representative has reasonable cause to believe that there exists in any structure or building or upon any premises any condition which makes such building in violation of this chapter or federal, state, or local law, rule, regulation or ordinance, the village inspector or his authorized representative may enter such structure, building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the village inspector or building department by this chapter; provided that if such structure, building or premises be occupied he shall first present proper credentials and demand entry, and if such structure, building or premises be unoccupied he shall first make a reasonable attempt to locate the owner or other persons having charge or control of the structure, building or premises and demand entry. If such entry is refused, the village inspector or his authorized representative shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after proper demand is made, to promptly permit entry therein by the village inspector or his authorized representative for the purpose of inspection and examination pursuant to this chapter. Any person violating this section shall be guilty of a class C misdemeanor, as defined in Texas Penal Code sections 12.03 and 12.23 and Texas Local Government Code section 54.001, and subject to a fine as provided in section 1.01.009 of this code, and each separate day during which entry is refused shall be counted as a separate offense. This section specifically waives any culpable mental state for an offense under this section.
(Ordinance 03-31-04-01, sec. 3.J,
adopted 3/31/04)
Whenever any work is being done contrary to the provisions of
this chapter, the village inspector may order the work stopped by
notice verbally or in writing served upon any person or persons engaged
in the doing or causing of such work to be done, and the village shall
post a stop-work order on the property adjacent to the posted building
permit, as may be required. Any such person shall forthwith stop such
work until authorized by the village inspector in writing to proceed
with the work. A $100.00 administrative fee shall be charged for each
stop-work order issued and shall be payable by the owner of the structure,
building or premises, or contractor thereto.
(Ordinance 03-31-04-01, sec. 3.K,
adopted 3/31/04)
Whenever any structure is being used contrary to the provisions
of this chapter, the village inspector may order such use discontinued
and the structure, or portion thereof, vacated by notice served on
any person occupying the structure or causing such use to be continued.
Such person shall discontinue the use within ten (10) days after receipt
of such notice or make the structure, or portion thereof, comply with
the requirements of this chapter.
(Ordinance 03-31-04-01, sec. 3.L,
adopted 3/31/04)
Any employee charged with the enforcement of this chapter, acting
in good faith and without malice for the village in the discharge
of his duties, shall not thereby render himself personally liable
and he 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 duties.
This section specifically does not waive any common law, statutory,
contractual, or other obligations of any contractor to the village
for damages of any kind, including but not limited to contribution
or indemnity or as may be otherwise applicable.
(Ordinance 03-31-04-01, sec. 3.M,
adopted 3/31/04)
The village inspector or his authorized representative may request,
and shall receive so far as may be necessary in the discharge of his
duties, the assistance and cooperation of other employees, officers,
or officials of the village.
(Ordinance 03-31-04-01, sec. 3.N,
adopted 3/31/04)
The village inspector shall perform such other duties normally
expected of a building, code enforcement, sanitation, or village inspector,
as may be assigned from time to time by the board of aldermen.
(Ordinance 03-31-04-01, sec. 3.O,
adopted 3/31/04)
