15.02.090 Powers and duties of building official

15.02.090 Powers and duties of building official.

A. The building official is authorized to enforce all of the provisions of this chapter.

B. The building official has the power to render written and oral interpretations of the Building Codes in Section 15.02.020 and to adopt and enforce administrative procedures in order to clarify the application of their provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of the codes, and shall not have the effect of waiving requirements specifically provided for in the codes.

C. Liability. The building official, and/or any employee charged with the enforcement of the Building Codes in Section 15.02.020, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the codes or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

D. Legal Defense. Any suit or criminal complaint instituted against the building official and/or any employee charged with the enforcement of the Building Codes in Section 15.02.020 because of an act performed by that person in the lawful discharge of duties and under the provisions of this chapter shall be defended by legal representatives of the city until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

E. Delegation of Authority. The building official has the authority to delegate the authority necessary to carry out the provisions of this chapter to technical officers, inspectors, plan examiners and other employees of the city.

F. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this chapter, or where the building official has reasonable cause to believe that there exists in a structure or on a premises a condition that is contrary to or in violation of this chapter that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this chapter; provided, that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

1. Whenever any work is being done contrary to the provisions of the Building Code (or other pertinent laws or ordinances implemented through its enforcement), the building official may order the work stopped by written notice served on any person(s) engaged in the doing or causing of such work to be done. Such person(s) shall stop such work until specifically authorized by the building official to proceed thereafter.

2. Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, is subject to the penalties of Section 15.02.100.

1. When the building official ascertains that equipment, or any portion thereof, regulated by the Building Code has become hazardous to life, health, or property, the building official may order the equipment either removed from its location or restored to a safe and/or sanitary condition, as appropriate. The notice must be in writing and contain a fixed time limit for compliance. Any person who uses the defective equipment after receiving the notice is subject to the penalties of Section 15.02.100.

2. When equipment or an installation is to be disconnected, written notice of the disconnection (and causes therefor) must be given within 24 hours to the involved utility and also the owner and/or occupant of the building, structure, or premises. When equipment is maintained in violation of the Building Code and in violation of a notice issued pursuant to the provisions of this section, the building official may institute such action as the building official deems necessary to prevent, restrain, correct or abate the violation, including, but not limited to, issuing civil penalties; declaring the building, structure, or premises dangerous; and denying entry.

I. Occupancy Violations. Whenever any building, structure or equipment therein regulated by this chapter is used contrary to the provisions of the Building Codes, the building official may order such use discontinued and the structure (or portion thereof) vacated and provide such order through written notice to the owner, occupant, and/or user of the building, structure, or equipment. All persons using the structure (or portion thereof) shall discontinue the use within the time prescribed by the building official in the notice and make the structure, or portion thereof, comply with the requirements of the Building Code. Structures that are altered, modified, or repaired without the benefit of permits, for purposes of adding rooms for tenants, shall be considered as occupancy violations and subject to the penalties of Section 15.02.100.

J. Unsafe Buildings. When the building official ascertains that a building, structure, or premises, or any portion thereof, regulated by the Building Code is a public nuisance or otherwise has become hazardous to life, health, or property, the building official may order abatement by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in the Building Code or such alternate procedures as may have been or as may be adopted by the city or the building official. As an alternative, the building official may institute any other appropriate action to prevent, restrain, correct or abate the violation. (Ord. 5093 §1 (Exh. A (part)), 2020).