[HISTORY: Adopted by the Mayor and Council of the City of Harrington 12-7-2009 by Ord. No. 09-07; amended in its entirety 6-4-2012 by Ord. No. 12-12. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building standards — See Ch. 102.
Vacant buildings — See Ch. 108.
Municipal fees — See Ch. 180.
Building permits — See Ch. 292, Art. II.
Property maintenance — See Ch. 305
Zoning — See Ch. 440.
There is hereby created a Planning and Inspections Department for the City of Harrington, which shall consist of a Code Enforcement Officer and a Building Code Inspector as approved by the City Council.
The duties of the Building Code Inspector shall include the following:
A. 
The Building Code Inspector shall devote reasonable time to the duties of his/her office. He/she shall receive applications required by this Code, issue permits and furnish the prescribed certificates. He/she shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is proceeding safely. He/she shall enforce all provisions of the building code. He/she shall, when requested by proper authority or when the public interest so requires, make investigations in connection with matters referred to in the building code and render written reports on the same. To enforce compliance with law, to remove illegal, unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities and structure, he/she shall issue such notices or orders as may be necessary.
B. 
The Building Code Inspector will be responsible for all building inspections within the City limits with the exception of the following: accessory buildings with a building footprint of 150 square feet or less without electrical service, administrative reviews, same size residential and commercial window replacements, roof shingle replacement, ground level uncovered decks, demolition, interior cosmetic improvements with no structural wall construction, in-kind exterior siding replacement, fences and swimming pools. These specific inspections will be performed and regulated through the City of Harrington internal Code Enforcement Department or its duly appointed assistant.
C. 
Inspections required under the provisions of the building code shall be made by the Building Code Inspector or his/her duly appointed assistant.
D. 
The Building Code Inspector shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, or reports rendered, and of notices or orders issued. He/she shall retain on file copies of required plans and all documents relating to building work so long as any part of the building or structure to which they relate may be in existence.
E. 
The Building Code Inspector shall make timely inspections and be prepared to perform the necessary inspections within 48 hours of receipt of the building application. Applications shall be made at the City Hall at which time all paperwork must be accurate and fees paid per Chapter 180 of the Code to initiate the building review process.
F. 
All such records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the Building Code Inspector without written consent.
G. 
The Building Code Inspector shall make written report to the City Manager each month, or more often if requested, including statements of permits and certificates, and orders promulgated.
Along with other powers and authority granted to the Building Code Inspector in this chapter, including the codes adopted herein, the Building Code Inspector shall have the following powers and authority:
A. 
Temporary certificates of occupancy. The Building Code Inspector shall have authority to issue temporary certificates of occupancy for buildings and structures that do not comply with the codes, upon the terms and conditions as set forth in this section.
B. 
Affidavit to complete work. In the event that the owner and builder of a structure are in agreement that certain items, such as grading, seeding, soil stabilization, and other similar work, cannot be completed because of the weather or the season, but that these items can be completed by the builder after a temporary certificate of occupancy is granted and the owner takes possession of the property, then the Building Code Inspector may grant a temporary certificate of occupancy, conditioned upon the builder executing an affidavit agreeing to complete the necessary items specified therein, within a time period specified therein, with sanctions to be imposed by the Building Code Inspector for noncompliance by the builder, to include, but not to be limited to, revocation of the temporary certificate of occupancy, refusal to issue to the builder further building permits on other parcels, and such other administrative action as the Building Code Inspector may deem appropriate.
C. 
Issuance of additional fees for reinspection. The Building Code Inspector shall have authority to charge additional fees for reinspection for failed elements of previously inspected work or lack of timeliness on the part of the application. Said fees shall be in accordance with Chapter 180 of the Code.
D. 
Time extensions for building plan review. The Building Code Inspector shall have authority to issue time extensions for the review of building plans if it is determined that extenuating circumstances prevent the timely review of said plans.
E. 
Hardship. Upon adequate hardship being shown to the Building Code Inspector and upon agreement of all parties, including the owner or equitable owner and the builder, the Building Code Inspector may issue temporary certificates of occupancy for buildings and structures where any work of a minor nature is required in the future to comply with the codes, provided that all parties sign an agreement to this effect and the builder executes an affidavit, with the conditions and stipulations provided in Subsection B of this section, agreeing to the imposition of sanctions for noncompliance to be imposed by the Building Inspector.
F. 
Agreements and affidavits for certificates. The Building Code Inspector shall prepare uniform agreements and affidavits to be used in granting temporary certificates of occupancy as stated herein.
G. 
The Building Code Inspector or his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour, as necessary, in the execution of his/her duties.
(1) 
The Building Code Inspector shall notify the owner and tenant before conducting any inspection.
(2) 
The Building Code Inspector or his duly authorized assistants shall display identification signed by the City Manager upon commencing an inspection.
(3) 
Inspections shall be commenced in the presence of the owner, or his representative or tenant.
All appeals of decisions made by the Building Code Inspector shall be directed to the City Manager. Said appeals shall be made in writing and shall document the issue that is being appealed in addition to the section of the Code that precipitates the appeal. The City Manager shall respond to the applicant within 48 hours with a facts and findings report that shall be binding based on the Manager's investigation.
The Building Code Inspector or any employee charged with the enforcement of this Code, acting in good faith and without malice for the City in the discharge of his/her said duties, shall not thereby render himself/herself liable personally and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his/her duties. Any suit brought upon the City of Harrington or its designated employee, because of such act or omission performed during the enforcement of any provision of this Code, shall be defended by the Legal Department of the City until final termination of the proceedings.