Chapter 2.25
CHIEF INSPECTOR/BUILDING COMMISSIONER
Sections:
2.25.040 Duties, powers, and records of chief inspector.
2.25.050 Additional powers and duties.
2.25.055 Building commissioner cash change fund.
2.25.070 Prohibited interests.
2.25.073 Further prohibitions regarding conflicts of interest.
2.25.090 Inspection and penalties.
2.25.010 Office created.
There is created within the town government the office of chief inspector. The chief inspector shall serve as building commissioner and zoning administrator also. [Ord. 630, 1971; Ord. 713, 1976; amended during 2012 recodification. Code 1983 § 2-71. Code 2000 § 33.60].
2.25.020 Appointment.
(A) The person appointed to fill such office shall be appointed and employed by the town council and shall hold office at its pleasure and until a successor is appointed and duly qualified.
(B) In all matters pertaining to the office, the chief inspector shall be answerable to the town council of the town of Highland or its designate. Further reference in this code relating to the building inspector or building commissioner shall mean chief inspector of the town of Highland. [Ord. 630, 1971; Ord. 713, 1976; Ord. 1004, 1994. Code 1983 § 2-72; Code 2000 § 33.61].
2.25.030 Oath and bond.
(A) The chief inspector shall be a resident of the town of Highland, Lake County, Indiana.
(B) Before any chief inspector shall enter upon his duties, he shall be required to take and subscribe an oath of office.
(C) The chief inspector shall file an individual surety bond in the sum of $15,000, payable to the state of Indiana, pursuant to IC 5-4-1-10; such bond must be approved by the town clerk-treasurer and conditioned upon the faithful performance of the building commissioner/chief inspector’s duties, including the duty to comply with IC 35-44.1-1-1 and the duty to account properly for all monies and property received by virtue of the employee’s service in the office or position.
(D) The premium upon said bond shall be paid by the town. Said bond may be executed with any recognized and responsible surety company authorized to do business in the state of Indiana, pursuant to IC 5-4-1 et seq.
(E) The bond and oath shall be filed in the office of the clerk-treasurer of the town of Highland and recorded in the office of the county recorder of Lake County. [Ord. 1681 § 3, 2018].
2.25.040 Duties, powers, and records of chief inspector.
(A) The chief inspector shall keep a careful record, in a book prepared for that purpose, of all permits approved by him for the erection or repair of any building or other structure, and he shall keep a record of all other transactions in his office pertaining to the erection or repair of any building or structure within said town.
(B) The building inspector shall examine all buildings, in the course of erection, a minimum of three specific times.
(1) The first shall be when the foundation is completed and tile around the footings is installed and before any backfilling has been started. Prior to the second inspection, a sign clearly visible from the street indicating the street address shall be conspicuously displayed on the premises.
(2) Second inspection shall be made when framing and all mechanical roughing-in is completed and installed. Prior to third inspection, house numbers are to be installed.
(3)(a) The third inspection shall be made when a building is ready for occupancy, at which time particular attention will be paid to the location of walks, driveways, grading of lot around the building and all outside improvements.
(b) The builder, whether a contractor or owner, shall be responsible for notifying the chief inspector, in writing, when the building is ready for the first, second and third inspection. In each case, construction or occupancy shall not proceed or be occupied until an inspection is termed satisfactory by the chief inspector by means of an inspection card left near the main entrance to the building.
(C) Said chief inspector shall also examine all alterations or repairs throughout the town as often as practicable and see that all ordinances in relation thereto are complied with.
(D) He may examine all public school buildings, public halls, churches, theaters, business houses, and all buildings used for manufacturing or commercial purposes, at least once a year for the purpose of determining the safety of such buildings, the facilities for egress in the case of fire, and the overloading of floors. Where defects are found, the chief inspector shall apply such remedies as he may be empowered to use in the performance of his duty.
(E) Said chief inspector shall have the right to enter any building or premises in the town at any and all times, in connection with the performance of his duties as herein set forth.
(F) He shall also see to it that all construction is executed in a safe and workmanlike manner. [Ord. 630, 1971; Ord. 713, 1976; Amended during 2012 recodification. Code 1983 § 2-74. Code 2000 § 33.63].
2.25.050 Additional powers and duties.
(A) The chief inspector shall have such additional authority as may be reasonably necessary to carry out the purposes and procedures of the building and construction code, as amended from time to time, as well as such other ordinances set forth in this code relating to and defining such other matters as may be subjects of lawful local regulation and enforcement.
(B) In addition to the powers and duties of the chief inspector as otherwise denominated, he shall have all authority of inspection not conferred upon the assistant inspector-electrical, the assistant inspector-plumbing and such other assistant inspectors as may be added from time to time. He shall have supervision and control over the assistant inspector-electrical, the assistant inspector-plumbing and such other assistant inspectors as may be added from time to time as well as other employees assigned to the department. [Ord. 630, 1971; Ord. 713, 1976; Ord. 1004, 1994. Code 1983 § 2-75. Code 2000 § 33.64].
2.25.055 Building commissioner cash change fund.
(A) There is hereby authorized, created and established a cash change fund for use by the building and inspection and planning department to be known as the building commissioner cash change fund, pursuant to the provisions of IC 36-1-8 et seq.;
(B) The chief inspector/building commissioner and such employees as he may designate, are permitted to collect cash revenues at the building and inspection and planning department, in order to support the duties outlined in and to carry out the purposes of this chapter:
(1) The chief inspector/building commissioner is permitted to establish a cash change fund in support of this section;
(2) Such a fund must be established by a warrant drawn upon the appropriate fund in favor of the chief inspector/building commissioner, who is the custodian of the fund;
(C) The fund shall be established by a warrant drawn from the proper appropriated or nonappropriated balance of the corporation general fund, as the town council may direct, in the amount of $200.00, in support of the establishment of such a cash change fund:
(1) The establishing warrant and such successive warrants as shall be necessary to resupply the fund shall be drawn in favor of the chief inspector/building commissioner who shall convert the warrant to cash;
(2) The chief inspector/building commissioner and such employees as he may designate shall use it to make change when collecting cash revenues for programs conducted in consequence of the operations of the building and inspection department, the plan commission and the advisory board of zoning appeals; and
(3) The chief inspector/building commissioner shall account for it in the same manner as is required of other funds of the town;
(D) The entire cash change fund authorized and established pursuant to this section shall be returned to the corporation general fund whenever there is a change in the custodian of the fund;
(E) The entire cash change fund authorized and established pursuant to this section shall be returned to the corporation general fund of the municipality whenever the purposes of the fund have substantially changed or the fund is no longer needed. [Ord. 1570 § 1, 2014; Ord. 1660 § 1, 2017].
2.25.060 Ex officio powers.
The chief inspector shall act as ex officio inspector of electric, plumbing and such other inspection areas as may hereinafter be defined. He shall have all powers and authority necessary to perform the duties of the assistant inspector-electrical, the assistant inspector-plumbing, and other such assistant inspectors as may be established from time to time. He shall exercise those powers in their absence. [Ord. 630, 1971; Ord. 713, 1976; Ord. 1004, 1994. Code 1983 § 2-76. Code 2000 § 33.65].
2.25.070 Prohibited interests.
It shall be unlawful for the chief inspector to engage in the business of building contracting, master or journeyman plumber, or registered electrician within the town of Highland, nor shall he have any direct financial interest in any concern engaged in the businesses of building contracting, plumbing or the installation and maintenance of electrical wiring or devices inside the town at any time while holding the office of chief inspector. [Ord. 630, 1971; Ord. 713, 1976. Code 1983 § 2-77; Code 2000 § 33.66].
Penalty, see HMC 1.05.110.
2.25.073 Further prohibitions regarding conflicts of interest.
(A) The purpose of this section is to satisfy the requirements of IC 36-1-27 et seq.;
(B) It shall be unlawful for the chief inspector, building commissioner and zoning administrator to issue or oversee the issuance of a permit through a subordinate if the chief inspector has a conflict of interest, as defined as a direct or indirect financial interest in the issuance of the permit;
(C) A direct or indirect financial interest shall not be construed to include the compensation that the chief inspector, building commissioner and zoning administrator receives in consideration of his services for the municipality nor any reimbursement for expenses incurred in consequence of this service, as provided by law;
(D) As used in this section, “permit” has the meaning set forth in IC 36-7-4-1109(b) which includes any of the following:
(1) An improvement location permit;
(2) A building permit;
(3) A certificate of occupancy;
(4) Approval of a site-specific development plan;
(5) Approval of a primary or secondary plat;
(6) Approval of a contingent use, conditional use, special exception or special use;
(7) Approval of a planned unit development; and
(8) Any other permit or license issued under the jurisdiction of the department;
(E) When a conflict of interest exists as described by this section, the chief inspector shall report the conflict of interest in writing to the town council president, and the plan commission, the town attorney and with the municipal clerk;
(F) Further, when a conflict of interest exists as described in this section, the enforcement officer described in HMC 15.15.010 (assistant electrical inspector) shall be the acting chief inspector and shall perform all the duties that would have been performed by the chief inspector associated with the permit. The acting chief inspector shall be entitled to compensation at the highest rate in the range approved for the position of assistant electrical inspector, while performing work as the acting chief inspector under this section. Once all of the matters associated with the permit that created the conflict of interest are concluded, compensation as acting chief inspector shall end. [Ord. 1711 § 1, 2019].
2.25.080 Fees and salary.
(A) All fees collected in conjunction with the duties and powers of the chief inspector shall be paid into the general fund of the town of Highland.
(B) The chief inspector shall receive an annual salary, payable out of the general fund or such other fund(s) of the town of Highland as authorized by the town council from time to time. The amount of remuneration shall be set by the town council and shall be in lieu of any fees collected in the performance of his duties. [Ord. 630, 1971; Ord. 713, 1976. Code 1983 § 2-78. Code 2000 § 33.67].
2.25.090 Inspection and penalties.
(A) The chief inspector shall have full power to inspect all buildings in the course of erection, or after completion, and said chief inspector shall notify the owners thereof in writing of any defects and require them to remedy or correct the same in such a manner as to make them safe and in compliance with the building and construction code. It shall be unlawful for any person, upon receiving notice from said chief inspector, to refuse to comply with his orders with reference to correcting any defects in buildings and other structures already completed, and each day’s refusal to comply with such order shall be deemed a separate offense.
(B) The chief inspector shall have the power and authority to place upon any structure contemplated in the building and construction code notice that an occupancy certificate is required, and stipulating that there is a penalty for noncompliance with the provisions of said code.
(C) An owner who is obligated to provide a town inspection for an existing building or structure to satisfy legal requirements of federal or state agencies:
(1) Shall file an application for inspection with the chief inspector, together with the payment of a fee in the amount of $30.00. Thereafter, the chief inspector shall make a physical inspection of said existing building or structure to determine whether the building appears to be in compliance with existing building regulations, and shall report his observable findings to the applicant or to the federal or state agency.
(2) The inspection shall be limited to matters which are conveniently and easily observable by sight, and shall not include an inspection of matters which are covered, enclosed, underground, overhead or otherwise not readily available for inspection.
(3) In making application, the applicant shall agree that the town has assumed no liability to anyone on account of its inspection and report, and that the applicant, his heirs, its agents, servants and employees, for any error, omission, oversight or any other ground or reason arising out of or in connection with said inspection and report. [Ord. 630, 1971; Ord. 713, 1976; Ord. 1711 § 2, 2019. Code 1983 § 2-79; Code 2000 § 33.68].
Penalty, see HMC 1.05.110.