Chapter 2 ADMINISTRATION*
ARTICLE II. OFFICERS AND EMPLOYEES*
Sec. 2-27.5. Code enforcement.
(a) Generally. It shall be the duty and responsibility of the
director of permits and code management or his designated representative to
enforce the city codes, rules and regulations as specified by the mayor and
board of aldermen.
(b) Notices and orders.
(1) Whenever the
director or his designated representative determines that there has been a code,
rule or regulation violation or has reasonable grounds to believe that a
violation has occurred, notice shall be given to the property
owner.
(2) Notice shall be deemed to be properly served upon a property
owner by one of the following methods:
a. By delivering to the person to be
served or his agent a copy of the notice and all other necessary papers;
or
b. By mailing to the person to be served at his last known address or to
his agent by certified or registered mail with return receipt request a copy of
the notice and all other necessary papers.
c. If the certified or registered
letter is returned with receipt showing that it has not been delivered, notice
shall be served by posting a copy of it in a conspicuous place in or about the
structure affected by the notice.
(c) Inspection authority. The
director of permits and code management or his designated representative is
authorized to enter a structure or premises at any reasonable time upon
providing reasonable notice to the property owner and tenant, for the purpose of
making inspections and performing duties.
It shall be unlawful for any
person to interfere in any way with the director of permits and code management
or his designated representative, including but not limited to any inspector,
while acting in his official capacity and conducting his official duties. Such
interference shall be considered to include, but not be limited to, refusing to
permit entry to the property or premises, or otherwise obstructing, hindering,
or impeding in any way such entry onto the property or premises; engaging in any
threatening behavior, either verbal or physical; and/or engaging in or causing
any physical contact upon the director or his designated representative.
Violation of this section is declared to be a misdemeanor. The penalty for
violation of this section shall be a fine not to exceed five hundred dollars
($500.00), imprisonment for not more than ninety (90) days, or
both.
(d) Right to appeal. A person aggrieved by a decision of any
city inspector may appeal the decision, in writing, within thirty (30) days of
the decision, to the director. If the appeal involves plumbing or zoning issues,
the director shall refer these appeals to the appropriate city agencies to
process the appeal. The director shall render a decision within seventy-two (72)
hours of receiving the appeal and shall notify the appellant in writing of his
decision. The appellant may appeal the decision of the director, in writing,
within thirty (30) days of receipt of the director’s decision, to a three
(3) person panel consisting of the directors of engineering, planning and public
works. (Ord. No. G-90-27, § 1, 10-18-90; Ord. No. G-95-1, § 1,
2-2-95)
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