[Amended 9-7-2004 by Ord.
No. 1183, approved 9-7-2004; 11-1-2016 by Ord. No.
1331, approved 11-1-2016]
There is hereby created by the Borough Council an office within the Department of Administration to be known as the "Office of Code Enforcement." Said Office shall have the responsibility for administering and enforcing the provisions of this chapter and of those other codes and/or ordinances of the Borough of Middletown (herein referred to as the "applicable codes and ordinances") which designate said Office of Code Enforcement as their official administration and enforcement agency. This Chapter 127 of the Code shall not apply to Chapter 114 (Construction Code, Uniform) or Chapter 210 (Property Maintenance) of the Code. See Chapter 114 or Chapter 210, respectively, for the relevant enforcement provisions of those chapters.
[Amended 9-7-2004 by Ord.
No. 1183, approved 9-7-2004]
The Borough Manager shall appoint a Code Enforcement Officer,
who shall be in charge of the Office of Code Enforcement of the Borough
of Middletown. The Code Enforcement Officer shall supervise such other
employees or assistants as shall be necessary for the administration
and execution of the responsibilities of said Office. The Borough
Engineer, as appointed by resolution of Borough Council, may be designated
as Code Enforcement Officer by Borough Council.[1]
[1]
Editor's Note: Original Section 1.3, Fire Chief, which
followed this section, was repealed 12-17-1979 by Ord. No. 765, approved
12-17-1979.
The Code Enforcement Officer or other official or employee shall
not, while acting for the municipality, render himself liable personally
because of any act or omission as required or permitted in the discharge
of his official duties. Any suit instituted against such Code Enforcement
Officer, official or employee because of any act performed by him
in the lawful discharge of his duties shall be defended by the Solicitor
of the municipality, and in no case will said officer, official or
employee be liable for costs in any action, suit or proceeding.
An official record shall be kept of all business and activities
of the Office of Code Enforcement, and all such records shall be open
to the public for inspection at all appropriate times, except that
no individual, owner, operator, occupant or other person shall be
subject to unwarranted invasion of privacy, and except that all evidence
or information obtained in the course of any inspection shall be considered
privileged information and shall be kept confidential. Such evidence
or information shall not be disclosed except as may be necessary,
in the judgment of the Code Enforcement Officer, for the proper and
effective administration and enforcement of the provisions of this
chapter and shall not otherwise be made public without the consent
of the owner, occupant, operator or other person in charge of the
unit, structure or premises inspected.
