This article shall be known as the "Administration
and Compliance Provisions of the Residential Occupancy Permit Code."
[Amended 11-27-2001 by Ord. No. 21-2001]
Existing conditions not in strict compliance
with this code may be permitted to continue where the Code Enforcement
Department finds that the exceptions do not constitute a hazard to
life, health or property.
A.Â
The office of the Code Enforcement Department shall
be designated to administer and secure compliance with the Residential
Occupancy Permit Code. Said office is hereinafter referred to as "the
agency."
B.Â
The agency shall be under the direction and charge
of the Code Enforcement Department, who shall have as its representatives
such assistants and inspectors as may be necessary to carry out effectively
the powers and duties of the agency.
C.Â
All personnel of the agency shall be qualified and
appointed as prescribed by Civil Service Law and shall be furnished
with appropriate official badges or identification cards.
D.Â
All personnel of the agency shall be free from personal
liability for acts done in good faith in the performance of their
official duties.
E.Â
The agency shall be charged with the duty of administering
the Residential Occupancy Permit Code and securing compliance therewith.
F.Â
Where violations of the Chapter 152, Fire Prevention and Building Construction, exist and pose an immediate hazard or danger to the health, safety or welfare of building occupants or of the public, the chief officer may issue an order citing the violation and directing such action by such municipal agency as is necessary to remove or abate the immediate hazard or danger.
G.Â
Inspectors shall be authorized and have the right,
in the performance of their duties, to enter any premises in a bona
fide emergency to protect the public interests and safety.
[Amended 11-27-2001 by Ord. No. 21-2001]
H.Â
Owners, agents, operators and occupants shall be responsible
for providing access to all parts of the premises within their control
to authorized agency personnel acting in the performance of their
duties, except that the owner, agent, or person in charge thereof
shall have the right to insist upon the procurement of a search warrant
from a court of competent jurisdiction by the Director of the Department,
or his or her designee, in order to enable such inspection.
[Amended 11-27-2001 by Ord. No. 21-2001; 1-24-2006 by Ord. No. 1-2006]
(1)Â
It shall be the responsibility of the owner, agent,
or operator, except where an occupant has requested an inspection
then it shall be the responsibility of the occupant, to have a person
of suitable age and discretion present, except in cases of emergency
or where a search warrant has been secured, during an inspection of
a dwelling.
(2)Â
In cases where an inspection is conducted on an occupied
dwelling unit, it shall be the responsibility of the owner, agent,
or operator, except where an occupant has requested an inspection
then it shall be the responsibility of the occupant, to remove furniture,
debris, or any other barriers, to the extent practicable, away from
walls, openings, outlets, and any other place that might be blocked
so as to provide necessary access to the Code Enforcement Officer
to conduct a thorough inspection.
I.Â
The agency shall keep records of all complaints received,
inspections made and violations found regarding premises regulated
by the Residential Occupancy Permit Code. Such records shall be available
for public inspection.