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APPENDIX D
ENFORCEMENT PROCEDURES


  • The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.

    SECTION D101
    GENERAL

    D101.1 Scope.
    The provisions of this appendix shall supplement the provisions of Chapter 1 and provide procedures to enforce continued compliance of buildings, structures and building sites constructed and protected under the provisions of this code.

    D101.2 Intent.
    This appendix shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare and protection of the environment insofar as they are affected by the continued occupancy and maintenance of buildings and building sites. Existing buildings, structures and building site improvements that do not comply with these provisions shall be altered or repaired to restore compliance with this code.

    SECTION D102
    APPLICABILITY

    D102.1 General.
    Equipment, systems, devices, safeguards and protections required by this code or a previous code under which the buildings, structures and building site was constructed, altered or repaired; or under which portions of the building site were protected; shall be maintained.

    D102.2 Owner responsibility.
    Except as otherwise specified in this code, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and building site. No owner, operator, or occupant shall cause any service, facility, equipment or utility that is required under this code to be removed or shut off from or discontinued.

    D102.3 Existing remedies.
    The provisions of this chapter shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure or building site improvement that is dangerous, unsafe or causing irreparable harm to environmental systems.

    SECTION D103
    DEFINITIONS

    D103.1 Definitions.
    The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of this code for general definitions.

    OPERATOR. Any person who has charge, care or control of a building, structure and building site that is let or offered for occupancy.

    OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in a building site; or recorded in the official records of the state, county or municipality as holding title to the building site; or otherwise having control of the building site, including the guardian of an estate of any person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

    STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act that is prohibited, or failed to do an act that the defendant was legally required to do.

    SECTION D104
    DUTIES AND POWERS OF THE CODE OFFICIAL

    D104.1 General.
    The code official is hereby authorized and directed to enforce the provisions of this appendix.

    D104.2 Inspections.
    The code official is authorized to make all inspections necessary for administration of this appendix, to ensure compliance with maintenance requirements of this code and to resolve identified violations.

    D104.3 Right of entry.
    Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe there exists in a building or structure or on a building site a condition in violation of the code, the code official is authorized to enter the building site, and if needed to enter the building or structure at reasonable times to inspect or perform the duties imposed by this code. Where the building site or building is occupied, the code official shall present identification credentials to the occupant and request entry. If the building site or building is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the building site or building and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.

    D104.4 Identification.
    The code official shall carry proper identification credentials when inspecting a building or building site in the performance of duties under this code.

    D104.5 Notices and orders.
    The code official shall issue all necessary notices or orders to ensure compliance with this code.

    SECTION D105
    VIOLATIONS