§ 10-2. Code official duties and powers.

(a)

In general. The building code official, his deputies and designees, or other appropriately appointed official administering or enforcing codes regulating buildings, and constructions services (hereinafter code official) shall enforce the provisions of this Code. If a code official determines that any of the provisions of any division of this chapter are being violated, he shall enforce the requirements of the ordinance by any and all lawful means. The code enforcement officer is not required to warn a violator before the issuance of an ordinance summons or the institution of enforcement procedures. The code enforcement officer may invoke a single course of enforcement or parallel courses of enforcement in his discretion as the exigencies of the circumstances demand.

(b)

Administrative and interpretive authority. The code official, with the consent of the manager, shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of the applicable codes; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this Code, or of violating accepted engineering methods involving public safety.

(c)

Inspections . The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this Code. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. The code official shall issue all necessary notices or orders to ensure compliance with this Code. The code official shall keep official records of all business and activities of the department specified in the provisions of this Code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations.

(d)

Right of entry, permissive and by warrant.

(1)

The code official shall, after proper presentment of identification and notification, have the right and authority to go onto the grounds of any premises within the city at any reasonable time for the purpose of making inspections to ascertain if the premises are in compliance with this chapter.

(2)

The code enforcement officer, city health officer, or any other appropriate city official shall, after proper presentment of identification and notification, have the right and authority to enter premises after receiving permission from a responsible person within the city at any reasonable time for the purpose of making inspections to ascertain if the premises are in compliance with this chapter.

(3)

If any responsible person owning or residing in the premises shall refuse to allow the city official to enter onto any grounds or enter into any premises in the city for the purposes of conducting the inspection as provided in this section, the city official shall make no entry, but shall withdraw and make application to the municipal judge for an administrative search warrant to be issued.

(4)

An administrative search warrant can be obtained if there is a showing that reasonable administrative or legislative standards are in place for the issuance of the administrative warrant and the conduct of the search. For the purposes of establishing reasonable standards, and for securing an administrative search warrants, the requesting official must affirm that:

a.

The relevant codes, regulations or statutes are in place pertaining to the property;

b.

The requesting official has attempted peaceful entry or has sought permission to enter for the limited purpose of code inspection;

c.

Permission has been denied;

d.

There exist facts and circumstances that lead the affiant to believe, based upon his education, training or experience, that code violations exist that could impact fire laws, or could pose imminent danger to the occupant;

e.

The stated object and purpose of the search must be adequately specific so that the reasonableness of the scope of the search is not expanded past regulatory purposes; and

f.

The search warrant shall not be used as a pretext for a criminal search.

(e)

The municipal court judge for the city is hereby authorized to issue administrative search warrants to allow the code enforcement officer, city health officer, or any other appropriate city official to enter any premises within the city under the terms and conditions as deemed by the municipal court judge.

(f)

A law enforcement officer must accompany the official to the premises to assist in the safer execution of the administrative search warrant under the provisions of this section.

(g)

It shall be unlawful for any person having control of any premises for which an administrative search warrant has been issued to prohibit the entry onto the premises by the person as authorized.

(Ord. No. 2013-5, 1-22-13)