§ 13-110. Same; Section 104, Duties and Powers of the Code Official.

(a)

Section 104.3 is amended to read as follows:
" 104.3 Inspections. Subject to the limitations and conditions as hereinafter stated in this Section, it shall be the duty of the Code Official to make, or cause to be made, inspections as often as necessary to determine the conditions of dwellings, multifamily dwellings, dwelling units, rooming houses, rooming units, and premises in order to safeguard the safety and welfare of the public under the provisions of this Code. Such inspections shall be made in response to citizen or official complaints or other reliable information or allegations of existing violations of the Code. Further, inspections of dwellings, dwelling units, rooming houses, rooming units, and premises shall be made on a systematic basis (e.g., house by house, block by block) in areas, communities, or neighborhoods when it is determined by the Code Official that such action is necessary to properly apply and enforce the provisions of this Code. All reports of such inspections shall be in writing and shall 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."

(b)

Section 104.4 is amended to read as follows:
" 104.4 Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law. Permission need not be obtained for entry to spaces and areas to which the public is ordinarily invited.

Notwithstanding any other provision of this Code, and in the event of an emergency situation constituting an immediate threat to individual human life, property, or the public safety, and if, in addition, the delay associated with applying for a search warrant authorizing entry would result in undue harm, the Code Official shall be authorized without permission or warrant to make an emergency entrance for the sole purpose of abating or eliminating the exigent dangerous condition.

Notwithstanding any other provision of this Code, all licensing and permit inspections authorized and required by this Code shall be processed without the necessity for obtaining permission or obtaining a judicial warrant authorizing entry. Failure to allow entry for such inspection shall constitute sufficient reason for the denial or revocation of the subject license or permit."

(c)

Section 104.7 is amended to read as follows:
" 104.7 Department records. 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 accordance with the County's approved records retention schedule."

(d)

Section 104.8 is amended to read as follows:
" 104.8 Coordination of inspections. Whenever in the enforcement of this Code or another code or ordinance, the responsibility of more than one Code Official of the jurisdiction is involved, it shall be the duty of the Code Officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders."

(e)

A new Section 104.9 is added to read as follows:
" 104.9 Municipal enforcement. Any incorporated city or town, which by law has authority to enact regulations governing the enforcement of this Code, may elect to conduct its own housing code enforcement program, provided that any such incorporated city or town shall adopt the County's Housing Code or a housing code not less stringent in minimum requirements."

(CB-39-2001)