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Ord 2013-009
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Ord 2013-009
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11/22/2013 10:21:05 AM
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11/22/2013 10:17:02 AM
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4A Public Hearing 2013 1118
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the duties imposed by this Code, provided that if such structure or premises be occupied <br />that credentials be presented to the occupant and entry requested. If such structure or <br />premises is unoccupied, the Building Official shall first make a reasonable effort to locate <br />the owner or other person having charge or control of the structure or premises and <br />request entry. If entry is refused, the Building Official shall have recourse to the remedies <br />provided by law to secure entry. <br /> <br />104.6.1 Right of entry, exigent circumstances emergency procedures. <br /> <br />If the Building Official or an authorized representative has reasonable cause to believe <br />that the conditions constitute an immediate hazard to human life or the public welfare the <br />Building Official shall have the right to immediately enter and inspect such property, and <br />may use any reasonable means required to effect such entry and make such inspection, <br />whether such property be occupied or unoccupied and whether or not permission to <br />inspect has been obtained. If the property is occupied, the Building Official shall first <br />present credentials to the occupant and demand entry, explaining the reasons therefor <br />and the purpose of the inspection. <br /> <br />"Authorized representative" shall include the officers named in Subsection 103.3 and their <br />authorized inspection personnel. <br /> <br />No person shall fail or refuse, after proper demand has been made upon such person as <br />provided in this subsection, to promptly permit the Building Official or an authorized <br />representative to make any inspection provided for by this section. Any person violating <br />this subsection shall be guilty of a misdemeanor. <br /> <br />104.7 Department records. <br /> <br />The Building Official shall keep official records of applications received, permits and <br />certificates issued, fees collected, reports of inspections, and notices and orders issued. <br />Such records shall be retained in the official records for the period required for retention <br />of public records. <br /> <br />104.8 Liability. <br /> <br />The Building Official, member of the board of appeals or employee charged with the <br />enforcement of this Code, while acting for the jurisdiction in good faith and without malice <br />in the discharge of the duties required by this Code or other pertinent law or ordinance, <br />shall not thereby be rendered liable personally and is hereby relieved from personal <br />liability for any damage accruing to persons or property as a result of any act or by reason <br />of any act or omission in the discharge of official duties. Any suit instituted against an <br />officer or employee because of an act performed by that officer or employee in the lawful <br />discharge of duties and under the provisions of this Code shall be defended by the City <br />Attorney until the final termination of the proceedings. The Building Official or any <br />subordinate shall not be liable for costs in any action, suit or proceeding that is instituted <br />in pursuance of the provisions of this Code.
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