The Office of Code Enforcement for the City of New Castle is hereby established. It shall be the duty of the Office of Code Enforcement for the City of New Castle, or any other City employee so designated by the Public Services Director to enforce the provisions of the Housing and Property Maintenance Code and the International Property Maintenance Code (Chapter
140 and Chapter
185), Building Construction (Chapter
102), Floodplain Management (Chapter
130), Dangerous or Vacant Buildings (Chapter
141), Licenses (Chapter
156), Plumbing (Chapter
181), Sluice Gates (Chapter
199), Solid Waste (Chapter
204), Streets and Sidewalks (Chapter
209), Subdivision of Land (Chapter
213), Lines and Grades (Chapter
215), Surveys and Inspections (Chapter
217), Zoning (Chapter
230), and any other similar codes subsequently enacted by Council in the future.
No Code Enforcement Officer or employee who
has an official duty in connection with the administration and/or
enforcement of this code shall be financially interested in furnishing
of labor, materials, or appliances for the construction, alteration,
or maintenance of a building, or in making plans or specifications
therefor, unless he is the owner of such building. No such officer
or employee shall engage in any activity which is inconsistent with
the public interest and his official duties. Any member of the Board
of Housing Appeals who has a direct or indirect interest in the subject
matter on appeal shall not participate in the proceeding.
Except as may otherwise be provided by statute or local law or ordinance, no officer, agent or employee of the City of New Castle charged with enforcement of the code as specified in §
140-7 shall render himself/herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this chapter. No person who institutes or assists in the prosecution of a criminal proceeding under this chapter shall be liable for damages unless he/she acted with actual malice and without reasonable cause for believing that the person accused or prosecuted was guilty of an unlawful act or omission. Any suit brought against any officer, agent or employee of the City of New Castle, as a result of any act required or permitted in the discharge of his/her duties under this chapter, shall be represented by the legal representative chosen by the Council until the final determination of the proceedings therein.
Subject to the limitations and conditions as
hereinafter stated in this section, it shall be the duty of the Office
of Code Enforcement, or any other City employee so designated by the
Public Services Director to make or cause to be made inspections as
often as necessary to determine the conditions of premises, structures,
dwellings, multifamily dwellings, dwelling units, rooming houses,
rooming units and premises in order to safeguard the health, safety,
and welfare of the public under the provisions of the code. Further,
inspections of structures, dwellings, dwelling units, rooming houses,
rooming units, and premises shall be made on a systematic basis (house
by house, block by block) in areas, communities, or neighborhoods
when it is determined by the Public Services Director that such action
is necessary to properly enforce the provisions of this code.
Once vacant or abandoned, the exterior structure
and premises must be maintained to the minimum standards as required
by this Code. Any boarding of windows and doors to secure the structure
shall be done in a workman like manner, and according to standards
established by the Director of Public Services, and the materials
used shall conform, to the overall exterior appearance of the structure
and in conformance with minimum requirements of this Code. All exterior
surface materials including wood composition, cinder block, or metal
shall be maintained in a weatherproof condition and the surface coated
to match the structures exterior facade.