City of Lincoln, AR Chapter 11.02 Building Official/Enforcement

§ 11.02.01 Office of Building Official.

[Ord. No. 2008-10, Sec. 2]

There is hereby created within the City of Lincoln, Arkansas, the office of Building Official. The Building Official shall be the person responsible for all activities, including permitting, inspections and enforcement of the adopted codes within Title 11 of the Lincoln Municipal Code, including, but not limited to: The Plumbing Code; the Electrical Code; the Fire Prevention Code; the Residential Code; the Building Code; the Mechanical Code; the Gas Code; and the Energy Code.

§ 11.02.02 Authority/right of entry.

[Ord. No. 2008-10, Sec. 2]

The Building Official shall have the right to enter upon any property, building or structure located within the corporate limits of the City and any property, building or structure located outside the corporate limits of the City but connected to the City's water system, at any reasonable time, pursuant to their duties under this Title 11.

§ 11.02.03 Enforcement.

[Ord. No. 2008-10, Sec. 2]

Whenever the Building Official shall determine that any condition exists which violates one or more of the adopted codes herein, he is authorized to undertake the following enforcement actions:

A. Notice of violation. The Building Official shall issue a written notice of violation to the person responsible for the violating condition, starting the address of the property, specifying the nature of the violation, describing the remedial actions needed to bring the violating condition into compliance, and stating a deadline for compliance. If the person responsible for the violating condition is a subcontractor, the notice of violation shall be served on the contractor as soon as practicable.

B. Stop work order. If a notice of violation issued above is not complied with, the Building Official is authorized to issue a stop work order, which shall demand that all work at the site cease immediately until the violating condition is remedied. The stop work order shall be posted on the property and served on the contractor or owner.

C. Further work. If any work continues at the site in violation of the stop work order, the owner or contractor shall be guilty of a misdemeanor and fined an amount of not less than $100 and not more than $250. Every day such violation continues shall be a separate offense.

D. Removal of work. The Building Official shall have the authority to order the removal of non-conforming work or work which prevents the inspection of nonapproved work in order to conduct such inspection. Should the responsible party not remove the work, the Building Inspector is authorized to remove the work themselves in order to conduct such inspection.

E. Service. Service for the purpose of this chapter shall mean the following:

1. Posting of the notice in a conspicuous place on the property, and either,

2. Personal service on the owner of the property, the contractor, or the person responsible for the work; or

3. Mailing a copy of the notice to the owner of the property, the contractor or the person responsible for the work by certified mail return receipt requested at their last known address. Should the letter be returned undelivered, the posting of notice under Subsection E1 above shall suffice.

§ 11.02.04 Appeal.

[Ord. No. 2008-10, Sec. 2]

The City Planning Commission is hereby designated as the Board of Appeals for decisions of the Building Official under the various adopted codes.