[Amended 5-5-1998 by Ord. No. 1264; 6-15-1999 by Ord. No. 1298; 5-2-2023 by Ord. No. 1994]
A. The Chief Building Official and agents or assistants
shall be the municipal officer who shall have the duty of enforcing
all building and housing regulations as herein prescribed.
B. Whenever the term "Building Official" or "code official"
appears in this chapter or in the code sections or regulations regarding
buildings, structures, property maintenance, subdivision of land,
or zoning for the City of Papillion, it shall refer to the Chief Building
Official and agents or assistants.
C. The Chief Building Official and agents or assistants
shall be in charge of the operation of the building and inspection
office and shall supervise the approval of applications and granting
of building permits. The Chief Building Official and agents or assistants
shall have full authority to pass upon any question arising under
the provisions of this chapter, or code sections or regulations regarding
buildings, structures, or property maintenance for the City of Papillion.
D. The Chief Building Official and agents or assistants
shall have the power and authority to order all work stopped on any
construction, alteration or relocation which violates any provisions
prescribed herein or in the code sections or regulations regarding
buildings, structures, or property maintenance for the City of Papillion.
Such work stop order must be in writing and served on any person or
entity engaged in the doing or causing such work to be done. The notice
shall briefly set forth the violations and shall specify the time
in which compliance must be made. If at the end of the time specified,
the person or entity notified has not complied and the Chief Building
Official and agents or assistants has not issued an extension of time,
the Chief Building Official and agents or assistants may forward the
matter to the municipal attorney for civil compliance and corrective
action. The Chief Building Official and agents or assistants may issue
permission to continue any construction, alteration or relocation
when the Chief Building Official and agents or assistants are satisfied
that no provision has been or will be violated.
E. The Chief Building Official and agents or assistants
shall also have the power and authority to issue criminal citations
for violation of any of the provisions of this chapter, or code sections
or regulations regarding buildings, structures, or property maintenance
for the City of Papillion in the same manner as if said citations
are issued by a member of the Papillion Police Department.
It shall be unlawful for any person to refuse
to allow the Chief Building Official and agents or assistants entry
into any building or structure for the purpose of making official
inspections at any reasonable hour.
Whenever any structure is being used contrary
to the provisions of this chapter or the Uniform Building Code, the
Chief Building Official and agents or assistants may order such use
discontinued and the structure or portion thereof, vacated by notice
served on any person causing such use to be continued. Such person
shall discontinue the use within 10 days after receipt of such notice
or make the structure, or portion thereof, comply with the requirements
of the code; provided, however, that in the event of an unsafe building
this section shall not apply.
Special inspections required by this chapter
and the Uniform Building Code shall not be required where the work
is done on the premise of a fabricator approved by the Chief Building
Official and agents or assistants to perform such work without special
inspection. The certificate of approval shall be subject to revocation
by the Chief Building Official and agents or assistants if it is found
that any work done pursuant to the approval is in violation of the
code.
The Chief Building Official and agents or assistants
or any person charged with the enforcement of this chapter, acting
in good faith and without malice for the municipality in the discharge
of his duties, shall not thereby render himself liable personally,
and he is hereby relieved from all personal liability for damages
that may accrue to person or property as a result of any act required
in the discharge of his duties. Any suit brought against the Chief
Building Official and agents or assistants or person because of such
act or omission performed by him in the enforcement of this chapter
shall be defended by the City attorney until final termination of
the proceeding.
The Chief Building Official and agents or assistants
may require, and shall receive so far as may be necessary in the discharge
of his duties, the assistance and cooperation of other City officials.
[Amended 5-2-2023 by Ord. No. 1994]
An order, notice or other decision under this chapter may be appealed to the Board of Appeals provided under Chapter
9 of this Code. Any such appeal shall be filed in writing with the City Clerk within 10 days of the order, notice or other decision, unless the time and manner of filing an appeal is otherwise provided elsewhere in this Code. The City Council may, by resolution amending the Master Fee Schedule, require the payment of an appeal filing fee. Any such fee shall accompany the written appeal filing.
Whenever a building permit is issued for the
erection, alteration or repair of any building within the municipality's
jurisdiction, and the improvement is $1,000 or more, a duplicate of
such permit shall be issued to the County Assessor.