[Ord. No. 349, 5/12/2020]
The following words and phrases used in this Part shall have the meanings hereinafter ascribed to them unless the context clearly indicates otherwise:
BUILDING CODE
The International Building Code, as published by the International Code Council, Inc., and as adopted and modified by the Borough of Middleburg in Chapter 5, Part 1 of the Code of the Borough of Middleburg.
OWNER
A holder of the title to residential, commercial or industrial real estate, other than a mortgage lender, who possesses and controls the real estate. The term includes, but is not limited to, heirs, assigns, beneficiaries and lessees, provided this ownership interest is a matter of public record.
PERSON
A natural person, firm, partnership, association, corporation or other legal entity.
PROPERTY MAINTENANCE CODE
The International Property Maintenance Code of 2018, as published by the International Code Council, Inc., and as adopted and modified by the Borough of Middleburg in Chapter 5, Part 4 of the Code of the Borough of Middleburg.
REASONABLE CAUSE
Facts, evidence or circumstances sufficient to justify a reasonable person in his or her belief.
REASONABLE TIME
Any time between the hours of 8:00 a.m. or 4:30 p.m., or such other times as deemed to be reasonably appropriate by the Code Enforcement Officer under the circumstances.
[Ord. No. 349, 5/12/2020]
Council shall appoint a Code Enforcement Officer, who shall have access to the support of Borough employees or assistants as shall be necessary for the administration and execution of the rights, duties and responsibilities of the Code Enforcement Officer under this Part, which shall include the Code Enforcement Officer's support personnel, assistant, and other professionals and experts as may be deemed necessary by the Code Enforcement Officer.
[Ord. No. 349, 5/12/2020]
In addition to those rights, duties and responsibilities established in this Part, the Code Enforcement Officer shall have all the rights, duties and responsibilities of the building official under the Building Code and the code official under the Property Maintenance Code.
[Ord. No. 349, 5/12/2020]
1. 
Where it is necessary to make an inspection to enforce the provisions of this chapter, or whenever the Code Enforcement Officer has reasonable cause to believe that there exists in a building or structure or upon a property a condition in violation of this chapter, the Code Enforcement Officer, upon showing proper identification where requested, is hereby authorized to enter and inspect, at a reasonable time, any such building, structure or property located in the Borough.
2. 
The Code Enforcement Officer and the owner, agent, operator or occupant or other person in charge of any building, structure or property subject to the provisions of this chapter may agree to an inspection by appointment at a mutually convenient time.
3. 
The owner, agent, operator or occupant or other person in charge of any building, structure or property subject to the provisions of this chapter shall give the Code Enforcement Officer entry and free access thereto and to every part of the building or structure or to the property surrounding the building or structure.
4. 
If any owner, agent, operator or occupant or other person in charge of any building, structure or property fails or refuses to permit entry and free access to the structure or property under his or her control, or to any part thereof, with respect to any inspection authorized under this section, the Code Enforcement Officer may, upon a showing that reasonable cause exists for the inspection, file a complaint and petition for and obtain an order directing compliance with the inspection requirements of this section from a District Magistrate.
5. 
The rights accruing to the Code Enforcement Officer under this section are cumulative and in addition to those rights established in Section 104.6 of the Building Code and Section 104.3 of the Property Maintenance Code.