A. The Building Official is authorized and directed to enforce all the provisions of this chapter and the technical codes. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this chapter and the technical codes, and to adopt and enforce rules and regulations supplemental to this chapter and the technical codes may as be deemed necessary to clarify the application of the provisions of this chapter. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter and the technical codes.

B. Deputies. The Building Official may appoint such number of technical officers and inspectors and other employees as necessary. The Building Official may deputize such inspectors or employees as may be necessary to carry out the functions of the building code enforcement agency.

C. Right of Entry. When necessary to make an inspection to enforce any of the provisions of this chapter and the technical codes, or when the Building Official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this code or the technical codes which makes the building or premises unsafe, dangerous or hazardous, the Building Official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this chapter; provided, that if such building or premises be occupied, that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the Building Official 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. Should entry be refused, the Building Official shall have recourse to the remedies provided by law to secure entry.

D. Stop Orders. When work is being done contrary to the provisions of this chapter, the technical codes or other pertinent laws or ordinances, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall stop the work immediately until authorized by the Building Official to proceed with the work.

E. Occupancy Violations. When a building or structure or building service equipment regulated by this chapter and the technical codes is being used contrary to the provisions of this chapter and the technical codes, the Building Official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure or portion thereof comply with the requirements of this chapter and the technical codes.

F. Authority to Disconnect Utilities. The Building Official shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment regulated by this chapter or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

G. Authority to Remove Building Service Equipment.

H. Connection After Order to Disconnect. A person shall not make connections from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment.

I. Liability. The Building Official charged with the enforcement of this chapter and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official or employee because of such act or omission performed by the Building Official or employee in the enforcement of the provisions of this chapter and the technical codes or other pertinent laws or ordinances shall be defended by the City until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the City.

This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling a building, structure or building service equipment for damages to persons or property caused by defects, nor shall the City be held as assuming such liability by reason of the inspections authorized by this chapter and the technical codes or permits or certificates issued under this chapter and the technical codes.

J. Modifications. When there are practical difficulties involved in carrying out the provisions of this chapter and the technical codes, the Building Official may grant modifications for individual cases. The Building Official must first find that a special individual reason makes the strict letter of this chapter and the technical codes impractical and that the modification is in conformance with the intent and of purpose this chapter and the technical codes and that such modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the Building Division.

K. Cooperation of Other Officials and Officers. The Building Official may request, and shall receive, the assistance and cooperation of other officials and employees so far as is required in the discharge of the duties required by this chapter, the technical codes or other City pertinent laws or ordinances. (Ord. 3087 § 1, 2007).