Chapter 12.5 HOUSING*
ARTICLE II. LIVABILITY CODE FOR RESIDENTIAL RENTAL DWELLINGS*
Sec. 12.5-15. Duties and powers of code official.
(a) General. The code official shall enforce the provisions of
this code except as may be otherwise specifically provided by these
regulations.
(b) Notices and orders. The code official shall issue
all notices, waivers and orders necessary to insure compliance with this
code.
(c) Inspections. The code official 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 under this code.
(d) Alterations and
repairs.
(1) The code official has the authority to require and approve
any alterations or repairs necessary to bring a structure or premises into
compliance with this code. The determination of what may be necessary to bring
the premises into compliance shall take into consideration the use of
alternatives and equivalent approaches as provided for in this code.
(2) The
code official shall have the authority to approve changes in alterations or
repairs in the field when conditions are encountered which make the originally
approved work impractical, if the changes in approved work can be readily
determined to be in compliance with this code and are requested by the property
owner or his agent before the changes.
(3) The changes shall be specifically
documented by the property owner or by his agent, describing the change in work
and the reasons and justification for the change, and shall be filed with the
permit for the project.
(e) Right of entry. If a property owner,
tenant or operator of a structure refuses, impedes, inhibits, interferes with,
restricts, or obstructs entry and free access to any part of the structure or
premises where inspection authorized by this code is sought, the City of
Frederick may seek, in a court of competent jurisdiction, and order that the
property owner, tenant or operator cease and desist from the
interference.
(f) Access by property owner or operator. A tenant of
a structure or premises shall give the property owner or operator, or agent or
employee, access to any part of the structure or its premises at reasonable
times upon being given reasonable notice for the purpose of making the
inspection, maintenance, repairs or alterations as are necessary to comply with
the provisions of this code.
(g) Credentials. The code official shall
disclose his credentials for the purpose of inspecting a structure or
premises.
(h) Coordination of enforcement.
(1) The inspection of
structures and premises, the issuance of notices and orders, and enforcement of
them, shall be the responsibility of the code official.
(2) Whenever a code
official initiating an inspection of a premises under this code becomes aware
that an inspection of the same premises is to be made by any other governmental
official or agency, the code official shall make a reasonable effort to arrange
for the coordination of the inspections so as to minimize the number of visits
by inspectors.
(3) The code official shall confer with the other
governmental official or agency for the purpose of eliminating conflicting
orders before any are issued.
(4) The code official may not, however, cause
the delay of the issuance of any emergency orders by any governmental official
or agency which the governmental official or agency determines must be
issued.
(5) The code official may accept reports of approved inspection
agencies provided such agencies satisfy the requirements as to qualifications
and reliability.
(i) Rule making authority. The City of Frederick
shall have the power as may be necessary in the interest of public safety,
health and general welfare, to adopt and promulgate rules and regulations to
interpret and implement the provisions of this code to further its intent. (Ord.
No. G-88-21, § .05, 12-8-88)
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