[Amended 5-27-1986 by Ord. No. 25-1986]
The Public Officer is authorized to promulgate
such written rules and regulations as may be necessary for the proper
interpretation and administration of the provisions of this chapter,
provided that such rules and regulations do not conflict with this
chapter but conform to the general standards prescribed by this chapter.
The Public Officer shall file copies of such rules and regulations
with the City Clerk, Health Officer, Director of Public Works and
Fire Chief and shall make available in the Public Officer's office
a copy for inspection by members of the public during regular business
hours. Such rules and regulations shall have the approval of the Health
Officer, Director of Public Works and Fire Chief, respectively, where
the provisions thereof relate to matters which are also in the jurisdiction
of and supervision of each officer. In case of conflict, the rule
or regulation may be promulgated by direction of the Mayor. Such rules
and regulations shall have the same force and effect as the provisions
of this chapter, and the violation thereof shall be enforced as violations
of the express provisions of this chapter.
[Amended 5-12-1986 by Ord. No. 7-1986; 5-27-1986 by Ord. No. 25-1986]
The Public Officer shall, in the month of December
of each year, review with the Fire Chief, Health Officer, Director
of Public Works, Housing Director and Corporation Counsel the procedure
and operation of this chapter and report to the Mayor and City Council
on or before January 1:
A. Any recommended amendment, addition or modification
of provisions of this chapter consonant with the field experience
of the personnel charged with enforcement.
B. A summary of the enforcement experience, indicating
number of violations abated, number of cases processed in the Municipal
Court, number of inspections made and such other and further pertinent
information as will provide the Mayor and City Council with an annual
account of progress in securing the standards required by this chapter.
C. Any further recommendation as to how this chapter
and the procedure and operations thereunder can be improved.
All residential buildings and premises subject
to this chapter are subject to inspections from time to time by the
enforcing officer of the City. At the time of such inspections, all
rooms in the building and all parts of the premises shall be available
and accessible for such inspections, and the owner, operator and occupant
are required to provide the necessary arrangements to facilitate such
inspections. Such inspections shall be made between 8:30 a.m. and
4:30 p.m. unless one of the following conditions exists:
A. The premises are not available during such hours for
inspections.
B. There is reason to believe that violations are occurring
on the premises which can only be apprehended and proven by inspections
during other than the prescribed hours or which require immediate
inspection after being reported, such as failure to supply heat.
C. There is reason to believe a violation exists of a
character which is an immediate threat to health or safety, requiring
inspection and abatement without delay.
All nonresidential buildings and premises subject
to this chapter are subject to inspection from time to time by the
enforcing officer. At the time of such inspections, all rooms and
parts of the premises shall be available and accessible for such inspections,
and the owner and operator are required to provide the necessary arrangements
to facilitate such inspections. Such inspections shall be made during
regular open hours of the business occupying the premises unless there
is reason to believe a violation exists of a character which is an
immediate threat to health or safety, requiring inspection and abatement
without delay.
Inspectors shall be supplied with official identification
and, upon request, shall exhibit such identification when entering
any dwelling unit, rooming unit or any part of any premises subject
to this chapter. Inspectors shall conduct themselves so as to avoid
intentional embarrassment or inconvenience to occupants.
In addition to the provisions of §
159-18, the Public Officer may, upon affidavit, apply to the Judge of the Municipal Court of the City for a search warrant to conduct an area inspection as that term is defined in §
159-1B.
Where variations or modifications of any section
of this chapter are approved by the Public Officer or by action of
any court, a written record thereof, stating the name of the applicant,
the address of the premises, the variation or modification approved,
date of approval and the reasons therefor satisfying the provisions
contained in this section, shall be prepared by the Public Officer
and filed both under the section or sections of this chapter to which
the variation or modification applies and under the address of the
premises, and such files shall be available for public inspection
in the office of the Public Officer during regular business hours.