In the event of a conflict between the provisions of the building code adopted by reference in section
3.03.001 and any provision of the city Code of Ordinances, the provisions of the Code of Ordinances shall prevail.
(1986 Code, ch. 3, sec. 1(B); 1993
Code, sec. 3.102)
Neither the city, or any authorized agent, acting under the
terms of this division shall be liable or have any liability by reason
of orders issued or work done in compliance with the terms of this
division.
(1986 Code, ch. 3, sec. 1(C); 1993
Code, sec. 3.103)
(a) Affidavit of understanding.
An applicant for a building
permit shall sign a form prepared by the city secretary acknowledging
that the applicant has read and fully understands the terms and provisions
of this division. The form shall set forth the name and address of
the applicant, the type of construction sought to be initiated, and
the precise location of the construction, and shall further state
and provide that the applicant has fully read and understands the
provisions of this division.
(b) Permit fees.
All permit fees shall be in an amount to
be established and as approved by the city council from time to time.
(c) Judgment of building inspector controlling.
The judgment
of the building inspector of the city shall in all instances control
with respect to whether or not the appropriate plumbing, electrical
and building codes of the city are, in effect, being adhered to and
followed by the party responsible for the construction, remodeling
or rehabilitation of any structure.
(1986 Code, ch. 3, sec. 1(E); 1993
Code, sec. 3.105)
(a) Right of entry of building inspector.
The building inspector
for the city shall have the right to enter upon private property at
all reasonable times to conduct inspections and investigations with
regard to any structure or building which is reasonably believed to
be not in conformity with the building code of the city, and shall
be guilty of no trespass in the performance of the official duties
in conjunction therewith.
(b) Notice of unsafe building.
Whenever the building inspector
shall find any building or structure or portion thereof to be unsafe,
unsanitary or unfit for human habitation, he or she shall provide
and furnish to the true and lawful owner by certified mail a written
notice of each and every violation noted by him or her of this chapter.
This notice so furnished shall require the owner to initiate the required
rehabilitation or demolition according to the requirements of the
building inspector within thirty (30) days from the receipt of the
notification by certified mail. The building inspector shall have,
however, the right and prerogative to grant an additional time period,
not exceeding one hundred twenty (120) days, in which to initiate
the rehabilitation or demolition as required in those instances where
the owner can demonstrate to the satisfaction of the building inspector
that he or she is then making application for a loan or is taking
other definite steps toward compliance with the requirements set forth
by the building inspector. Failure by the owner to initiate rehabilitation
measures within the time frame of thirty (30) days and/or one hundred
twenty (120) days (if allowed by the building inspector) from the
receipt of the notification by certified mail shall, absent an appeal
from the directive of the building inspector to the board of adjustment,
constitute due and just cause for the city to initiate demolition
and removal of the offending structure in order to protect the public
health, morals, safety and welfare.
(c) Red tag on unsafe building.
The building inspector shall
at the very outset and after inspection, in addition to providing
notice of violation, “red tag” the offending structure,
thus providing notice to all parties that such structure is unsafe.
The placement of such red tag on the exterior of the building shall
thereafter, and until either compliance or other ultimate resolution
of the offenses be accomplished, prohibit the inhabitation of such
structure or any other use thereof by individuals or parties, and
such red tag shall remain in place and shall not be removed by any
person other than the building inspector until such final compliance
is accomplished and/or the building is removed or demolished. No person
shall be permitted to remove or alter the red tag until either such
eventuality has occurred.
(d) Demolition of unsafe building by city.
Assuming that
the city effectuates the demolition and removal of an offending structure
or causes the same to be accomplished, the city shall then have the
right and shall have a lien against the property so involved for the
full expense and cost of the forceful demolition and removal. Such
lien shall be perfected by filing with the county clerk a notice of
lien in appropriate legal form that would embody the basis of such
lien, the amount, the owner’s name and a full legal description
of the property with the date that such lien was effectuated. Thereafter,
failure to pay such expense by the true owner shall form an adequate
basis for the continuation of such lien as a charge against the realty
and a personal obligation of the true owner thereof.
(1986 Code, ch. 3, sec. 1(F); 1993
Code, sec. 3.106)