The Building and Safety Official is hereby authorized and directed to enforce all the provisions of this code and the referenced technical codes. For such purposes, the Building and Safety Official shall have the powers of a law enforcement officer.
The Building and Safety Official shall have the power to render interpretations of this code and the referenced technical codes, and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary to clarify the application of the provisions of this code or the technical codes. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.
Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the Building and Safety Official may appoint such number of technical officers, plan reviewers and inspectors and other employees as shall be authorized from time to time. The Building and Safety Official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.
Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code the technical codes, or when the Building and Safety Official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this code or any of the technical codes which makes the building or premises unsafe, dangerous or hazardous, the Building and Safety Official is authorized to enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied, that credentials be presented to the occupant and entry requested. If such building or premises is unoccupied, the Building and Safety Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the Building and Safety Official shall have recourse to the remedies provided by law to secure entry.
Stop Orders. Whenever the Building and Safety 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 and Safety Official is authorized to issue a stop work order. 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. 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.
Violations. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
The Building and Safety Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition 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.
If the notice of violation is not complied with promptly, the Building and Safety Official is authorized to request the City Attorney 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.
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 or structure in violation of the approved construction documents or directive of the Building and Safety Official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.
When a building or structure or building and/or property service equipment therein regulated by this code and the technical codes is being used contrary to the provisions of such codes, the Building and Safety 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 and Safety Official after receipt of such notice to make the structure, or portion thereof, or building and/or property service equipment comply with the requirements of such codes.
Authority to Disconnect Utilities. The Building and Safety Official or the Building and Safety Official's authorized representative shall have the authority to authorize disconnection of utility service or energy supplied to the building, structure or building and/or property service equipment therein regulated by this code or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section
20.04.400. The Building and Safety Official shall notify the serving utility and wherever possible the owner and occupant of the building, structure or building and/or property service equipment of the decision to disconnect prior to taking such action. 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.
Authority to Condemn Building Service and/or Property Equipment. When the Building and Safety Official ascertains that building and/or property service equipment regulated in the technical codes has become hazardous to life, health or property, or has become unsanitary, the Building and Safety Official shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice itself shall fix a time limit for compliance with such order. Defective building and/or property service equipment shall not be maintained after receiving such notice.
When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises.
When any building and/or property service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this section, the Building and Safety Official shall institute appropriate action to prevent, restrain, correct or abate the violation.
Connection After Order to Disconnect. Persons shall not make connections from an energy, fuel or power supply nor supply energy or fuel to building and/or property service equipment which has been disconnected or ordered to be disconnected by the Building and Safety Official or the use of which has been ordered to be discontinued by the Building and Safety Official until the Building and Safety Official authorizes the reconnection and use of such equipment.
(Ord. 2153 § 2, 2016)