§ 35-5-103. DUTIES AND POWERS OF CODE OFFICIAL.

(a)

In general. Except as otherwise provided in this title, the Code Official shall enforce the provisions of this title.

(b)

Notices and orders. The Code Official shall issue notices and orders necessary to ensure compliance with this title.

(c)

Inspections.

(1)

The Code Official may enter a structure or premises with the permission of the tenant for the purpose of making an inspection or performing a duty under Subtitle 2 of this title.

(2)

(i)

Subject to subparagraph (ii) of this paragraph, the Code Official may enter the property in order to conduct an inspection if the Code Official believes that a violation of Subtitle 3 of this title has occurred.

(ii)

The Code Official may not enter a structure on the premises to make an inspection without a court order.

(d)

Alterations and repairs.

(1)

(i)

Subject to the provisions of § 35-5-104 of this subtitle, the Code Official may require and approve alterations or repairs that are necessary to bring a structure or premises into compliance with the Code.

(ii)

The Code Official shall consider the use of alternative and equivalent approaches that are provided for in the Code when determining the alterations and repairs that are necessary to bring the premises into compliance.

(2)

The Code Official may approve changes in alterations or repairs in the field when conditions are encountered that make the originally approved work impractical, provided the change in the approved work:

(i)

Can be readily determined to be in compliance with the Code; and

(ii)

Is requested by the property owner or the property owner's agent before the changes are undertaken.

(3)

The property owner or the agent of the property owner shall:

(i)

Document the change in the work, including a description of and reasons and justification for the change; and

(ii)

File the documentation with the permit for the project.

(4)

(i)

The property owner shall make an alteration or repair to correct a violation of the Code:

1.

Within 48 hours after receiving notice of a violation that the Code Official has determined is an emergency; or

2.

Within 30 days after receiving notice of a violation that the Code Official has determined is not an emergency.

(ii)

The Code Official may extend the time allotted for emergency repairs if the property owner shows:

1.

That an effort to make the repairs and alterations has begun; and

2.

A commitment that the repairs and alterations will be completed at the earliest possible time.

(e)

Right of entry.

(1)

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 the Code is sought, the county may seek an ex parte order for right of entry in a court of competent jurisdiction.

(2)

In a proceeding for an ex parte order for right of entry, the county shall present evidence that there is probable cause to believe that a violation of the code exists in or on the premises.

(f)

Access by property owner or operator. Upon being given notice, a tenant of a structure or premises shall give the property owner or operator or the agent or employee of the property owner access at reasonable times to any part of the structure or premises for the purpose of making the inspection, maintenance, repairs, or alterations necessary to comply with the provisions of the Code.

(g)

Coordination of enforcement.

(1)

After initiating an inspection of a premises under the Code, if the Code Official 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 in order to minimize the number of visits by inspectors.

(2)

The Code Official shall confer with the other governmental officials or agencies for the purpose of eliminating conflicting orders.

(h)

Regulations. The Code Official may adopt regulations in order to carry out the provisions of the Code.

(i)

Remedies not impaired. The provisions of this Code do not abolish or impair any remedies available to the county relating to the removal or demolition of a structure that is determined to be dangerous, unsafe, and unsanitary.

(j)

Compliance with housing industry standards. In order to secure the results intended by the Code, a property owner shall make repairs, maintenance, alterations, or installations that are required for compliance with the Code in accordance with housing industry standards.

(1988 Code, § 18-68) (Bill No. 46-96, § 3, 1-1-1997; Bill No. 25-01, § 2, 7-1-2004)