[Amended 9-9-2020 by Ord. No. 3809]
It shall be the duty and responsibility of the
Director of Buildings and Inspections, the Code Enforcement Officer,
and/or any other authorized Village employee, as designated by the
Village Manager to enforce the provisions of this code as herein provided.
Any code official, officer or employee who acts
in good faith and without malice in the discharge of duties of enforcement
of this code is relieved of all personal liability for any damage
that may accrue to persons or property as a result of such acts or
alleged failure to act. Further, the Code Official shall not be held
liable for any costs in any action, suit or proceeding that may be
instituted by the Code Official in the enforcement of this code.
The Code Official shall issue all necessary
notices and orders to abate illegal or unsafe conditions to ensure
compliance with this code's requirements for the safety, health and
general welfare of the public.
In order to safeguard the safety, health and
welfare of the public, the Code Official is authorized to enter any
structure or premises at any reasonable time for the purpose of making
inspections and performing duties under this code.
If additional nonconforming conditions are encountered
during the course of any approved alteration or repair which where
not considered or known initially, the Code Official shall have the
authority to require compliance with this code of such additional
conditions. The determination of what may be necessary to bring such
conditions into compliance shall take into consideration the use of
alternatives and equivalent approaches as provided for in this code.
The Code Official shall have the authority to approve construction
changes in the field when conditions are encountered which make the
originally approved work impractical, provided that such changes in
approved work can be readily determined to be in compliance with this
code and are requested by the owner or the owner's agent prior to
such construction changes. Such changes shall be specifically documented
by the owner or the owner's agent describing the change in work and
the reasons and justification for the change and shall be filed with
the permit for the project.
If any owner, occupant or other person in charge
of a structure subject to the provisions of this code refuses, impedes,
inhibits, interferes with, restricts or obstructs entry and free access
to any part of the structure or premises where inspection authorized
by this code is sought, the administrative authority may seek, in
a court of competent jurisdiction, an order that such owner, occupant
or other person in charge cease and desist with such interference.
Every occupant of a structure or premises shall
give the owner or operator thereof or agent or employee access to
any part of such structure or its premises at reasonable times for
the purpose of making such inspection, maintenance, repairs or alterations
as are necessary to comply with the provisions of this code.
The Code Official or the Code Official's authorized
representative shall disclose proper credentials of his respective
office for the purpose of inspecting any and all buildings and premises
in the performance of duties under this code.
Inspection of premises, the issuance of notices
and orders and enforcement thereof shall be the responsibility of
Code Officials so charged by the jurisdiction. Whenever, in the opinion
of a Code Official initiating an inspection under this code, it is
deemed necessary or desirable to have inspections by any other department,
the Code Official shall make reasonable effort to arrange for the
coordination of such inspection so as to minimize the number of visits
by inspectors and to confer with the other departments for the purpose
of eliminating conflicting orders before any are issued. A department
shall not, however, delay the issuance of any emergency orders which
it determines must be issued.
The Code Official shall have power as may be
necessary in the interest of public safety, health and general welfare
to adopt and promulgate rules and regulations to interpret an implement
the provisions of this code to secure the intent thereof and to designate
requirements applicable because of local climatic or other conditions;
but such rules shall not have the effect of waiving working stresses
or fire-protection requirements specifically provided in this code
or violating accepted engineering practice involving public safety.
The adoption and promulgation of rules and regulations hereunder shall
be subject to the final approval of the Village Manager.
