Article 2. Department of City Inspection

17.2.1.     Establishment of Department; enforcement authority.

There is hereby established in the City of Bel Aire, Kansas a Department of City Inspection which shall consist of one or more Code Enforcement Officers, and such officials shall hereby be empowered to enforce all provisions of this Chapter, including the technical building trade codes as adopted by the Governing Body of the City of Bel Aire, Kansas, as set forth within this Chapter of the Bel Aire Municipal Code.

(Ord. 390)

17.2.2.     Terms referencing city enforcement official.

Whenever the term or title "city inspector", "administrative authority", "responsible official", "chief inspector", "code enforcement officer", "authority having jurisdiction", or other similar designation is used within any of the Uniform Codes adopted through this Chapter, the Wichita/Sedgwick County Unified Building and Trade Code as adopted by this Chapter, or within any provision set forth within this Chapter, it shall be construed to mean an enforcement official of the Department of City Inspection of the City of Bel Aire, Kansas.

(Ord. 390)

17.2.3.     Reasonable inspection effort.

Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, including the technical building trade codes, or whenever a city inspector has cause to believe there exists in any building or upon any premises a condition or code violation which makes the premises unsafe, the city inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the city inspector by such codes, provided that if such building premises is occupied, he or she shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he or she shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Should entry be refused, the city inspector shall have recourse to every remedy provided by the law to secure entry.

(Ord. 390)

17.2.4.     Stop work orders.

Whenever any work is being done contrary to the provisions of this Chapter, including the technical building trade codes, the city inspector may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the enforcing authority to proceed with the work.

(Ord. 390)

17.2.5.     Construction materials.

All constructing, altering, adding to or repairing of buildings or structures or its systems and the materials and equipment used therefore, shall conform with the provisions of this Chapter, including the technical building trade codes, the laws of the state, and with approved standards of safety for persons and property. Conformity with the provisions of this Chapter, including the technical building trade codes, the laws of the State of Kansas and the provisions of the technical codes shall constitute the standards of good practice by which the city inspector shall judge work and materials.

(Ord. 390)

17.2.6.     City inspector’s best judgement.

The city inspector shall decide all questions not provided for in this Chapter, including the technical building trade codes pertaining to the constructing, altering, adding to, or repairing of buildings or structures or its systems in accordance with his or her best judgment of what constitutes good practice based on the codes of the City.

(Ord. 390)

17.2.7.     City inspector’s findings.

When an installation shall be found not to comply with the provisions of this Chapter, including the technical building trade codes or to be unsafe or defective, the city inspector shall at once notify the person doing the work of such finding or make written notice of the finding and post on or within the building, structure or premises.

(Ord. 390)

17.2.8.     Subsequent inspection.

Every defective installation shall be corrected before a subsequent inspection will be made. Should said person fail or refuse to change, rearrange or remove the work within a time prescribed by the city inspector, the city inspector may issue a stop work order to one or all contractors of record.

(Ord. 390)

17.2.9.     Discontinue use.

Wherever any building or structure of systems therein regulated by this Chapter, including the technical building trade codes is being used contrary to the provisions of such codes, the city inspector may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the city inspector after receipt of such notice to make the structure or portion thereof, comply with the requirements of this Chapter, including the technical building trade codes.

(Ord. 390)

17.2.10.     Immediate hazard.

Where the city inspector determines a system is not an immediate hazard but ascertains that any systems regulated in this Chapter including the technical building trade codes has become unsafe to life, health, property, he or she shall order in writing that such equipment either be removed or restored to a safe condition or whichever is appropriate. The written notice shall fix a time limit for compliance with such order. No person shall use or maintain a defective system after receiving such notice.

(Ord. 390)

17.2.11.     Written notice of disconnection.

When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within forty-eight (48) hours to the serving utility, the owner and occupant of such building, structure or premises.

(Ord. 390)

17.2.12.     Action to abate.

When any system is maintained in violation of this Chapter, including the technical building trade codes and in violation of any notice issued pursuant to the provisions of these regulations, the city inspector shall institute any appropriate action to prevent, correct or abate the violation.

(Ord. 390)

17.2.13.     Utility disconnection.

The city inspector shall have the authority to cause disconnection of any utility service or energy supplied to the building, structure or systems therein regulated by this Chapter, including the technical building trade codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The city inspector shall whenever possible notify the serving utility, the owner and occupant of the building, structure, or systems of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of building structure or systems, in writing, of such disconnection immediately thereafter.

The city inspector may cause the disconnecting of utilities when deemed necessary in the interest of public safety.

(Ord. 390)

17.2.14.     City inspector liability.

The city inspector charged with the enforcement of this Chapter, including the technical building trade codes, acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act or omission performed by him or her in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this Chapter, including the technical building trade codes.

(Ord. 390)