[Ord. No. 943 §1, 6-5-2014]
The Building Official shall enforce the provisions of this code.
[Ord. No. 943 §1, 6-5-2014]
The Building Official shall make all of the required inspections
or shall accept reports of inspection by approved agencies or individuals.
All reports of such inspections shall be in writing and shall be certified
by a responsible officer of such approved agency or by the responsible
individual. The Building Official is authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues
that arise.
[Ord. No. 943 §1, 6-5-2014]
A. Whenever necessary to make an inspection or to enforce any of the
provisions of this code or whenever the Building Official has reasonable
cause to believe that there exists in any building or structure any
condition which makes such building or structure unsafe, or it is
deemed detrimental or is a liability to the community, the Building
Official may enter the building or structure at any reasonable time
to inspect the same or to perform any duty imposed upon the Building
Official by this code; provided, if such property is occupied, the
Building Official shall first present proper credentials and request
and obtain permission to enter before entering the building or structure.
Reasonable effort must be made to locate the owner or other persons
having charge or control of the property when seeking permission for
entry.
B. If no consent has been given to enter or inspect any building or structure, no entry or inspection shall be made without the procurement of an administrative search warrant from a Judge presiding in the Municipal Court of Lake Tapawingo, Missouri, pursuant to Sections
125.055, 220.120 and 220.180, administrative search warrants, of the Lake Tapawingo Code of Ordinances. The court, in addition to those set forth in Sections
125.055, 220.120 and 220.180, may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:
1.
Eyewitness account of violation.
5.
Violations apparent from City records.
6.
Nature of alleged violation, the threat to life or safety and
imminent risk of significant property damage.
7.
Previous unabated violations in the building or structure or
on the premises.
C. Probable cause supporting issuance of a warrant shall be deemed to exist if there is reason to believe that a condition of non-conformity exists with respect to a building in violation of the provisions of the Property Maintenance Code or the provisions of Section
125.055 are satisfied.
D. The Building Official may enter the premises without consent or a search warrant to make an inspection or enforce any of the provisions of this code only when an emergency exists as prescribed in Section
510.310.
[Ord. No. 943 §1, 6-5-2014]
Search warrants shall be executed and returned pursuant to Section
125.055, Administrative Search Warrants, of the Lake Tapawingo Code of Ordinances. Refusal to allow entry upon presentation of a search warrant shall be an ordinance violation. Execution of a search warrant issued under this Section shall not be by forcible entry.
[Ord. No. 943 §1, 6-5-2014]
The Building Official shall carry proper identification when
inspecting structures or premises in the performance of duties under
this code.
[Ord. No. 943 §1, 6-5-2014]
The Building Official shall issue all necessary notices or orders
to ensure compliance with this code.
[Ord. No. 943 §1, 6-5-2014]
Whenever, in the enforcement of this code or another code or
ordinance, the responsibility of more than one (1) Building Official
of the jurisdiction is involved, it shall be the duty of the Building
Officials involved to coordinate their inspections and administrative
orders as fully as practicable so that the owners and occupants of
the structure shall not be subjected to visits by numerous inspectors
or multiple or conflicting orders.