(Amended by Ordinance No. 176955, effective October 9, 2002.)
The Building Inspections Director is hereby authorized and directed to enforce
all the provisions of this Code.
A. Appointees. In accordance with the procedure and with
the approval of the Commissioner in Charge of the Bureau of Development
Services, the Building Inspections Director may appoint such number of officers,
inspectors, assistants, and other employees as shall be authorized and as may be
necessary to perform any duty imposed upon him by this Code. Such
appointees shall, for the sake of this Code, hereafter be known as building
officials, inspectors, or authorized representatives.
B. (Amended by Ord. No. 150873, effective Jan. 17, 1981.) Right of Entry.
Whenever necessary to make an inspection to enforce any of the provisions of
this Code, or whenever the Building Official or his authorized representative
has reasonable cause to believe that there exists in any building or upon any
premises any condition or Code violation which makes such building or premises
unsafe, dangerous, or hazardous, the Building Official or his authorized
representative may enter such building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the Building Official by
this Code, provided that if such building or premises be occupied, he shall
first present proper credentials and request entry; and if such building or
premises be unoccupied, he shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or premises and
request entry. If such entry is refused, the Building Official or his
authorized representative shall have recourse to every remedy provided by law to
When the Building Official or his authorized representative shall have first
obtained a proper inspection warrant or other remedy provided by law to secure
entry, no owner or occupant or any other persons having charge, care, or control
of any building or premises shall fail or neglect, after proper request is made
as herein provided, to promptly permit entry therein by the Building Official or
his authorized representative for the purpose of inspection and examination
pursuant to this Code.
C. Stop Orders. Whenever any work is being done contrary
to the provisions of this Code, the Building Official may order the work stopped
by notice in writing served on any persons engaged in the doing or causing such
work to be done, any such persons shall forthwith stop such work until
authorized by the Building Official to proceed with the work.
D. Authority to Condemn Equipment. Whenever the Building
Official learns or ascertains that any equipment, as defined in this Code, has
become hazardous to life, health, or property, he shall order, in writing, that
such equipment be restored to a condition of safety or be dismantled or removed
from its present location. The written notice shall fix a time limit for
compliance with such order. No person shall use or maintain the defective
equipment after receiving such notice.
E. Liability. The Building Official or any employee
charged with the enforcement of this Code, acting in good faith and without
malice for the jurisdiction in the discharge of his duties, shall not thereby
render himself liable personally and he hereby is relieved from all personal
liability for any damage that may accrue to persons or property as a result of
any act required or by reason of any act or omission in the discharge of his
duties. Any suit brought against the Building Official or employees,
because of such act or omission performed by him in the enforcement of any
provisions of this Code, shall be defended by the legal department of the
jurisdiction until final termination of the proceedings.