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City Government

 

4. Department Of Community Development

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7/12 

CHAPTER 4

DEPARTMENT OF COMMUNITY DEVELOPMENT 

3-4-1:   DEPARTMENT CREATED
3-4-2:   APPOINTMENT OF DIRECTOR
3-4-3:   DUTIES AND RESPONSIBILITIES OF THE DIRECTOR
3-4-4:   CODE ENFORCEMENT OFFICER
3-4-5:   CODE ENFORCEMENT OFFICER ENTRY UPON PROPERTY

3-4-1:  DEPARTMENT CREATED:  (1096 1696) There is hereby created a Department of Community Development that shall consist of the Director of Community Development and such other personnel as may be provided by the City Council. 

3-4-2:  APPOINTMENT OF DIRECTOR:  (1096 1696) The Director of Community Development shall be appointed by and shall be responsible to the City Manager.  Such appointment shall be for an indefinite period pursuant to Section 1-13-3, W.M.C.  The Director of Community Development shall be the head of the Department of Community Development and shall have supervision over all personnel assigned to the Department. 

3-4-3:  DUTIES AND RESPONSIBILITIES OF THE DIRECTOR: (1096 1696 1747 3633) 

(A)  The Director of Community Development is responsible for the efficient and effective operation of the Department of Community Development, as well as performing those duties prescribed by the City Manager. 

(B)  The Director of Community Development may make or prescribe such rules and regulations as he or she shall deem advisable consistent with the City's Personnel Policies and Rules.  Such policies, procedures and rules shall be binding on all Department of Community Development personnel.  

(C)  The Director of Community Development shall be chief administrator of the Department of Community Development and shall have supervisory responsibility for the activities of  all divisions within the Department.  

3-4-4:  CODE ENFORCEMENT OFFICER: (1070 1280 1600 1696 1711 1883 1959 2032 2249) 

(A)  There is hereby created the position of Code Enforcement Officer.  

(B)  It shall be the duty of the Code Enforcement Officer to enforce the provisions of Title XI and such duties as the City Manager shall direct. 

(C)  The Code Enforcement Officer shall be deemed a peace officer for the limited purpose of enforcing the provisions delineated in subsection (B) of this Section.  The Code Enforcement Officer shall have the power to issue complaints and summonses for violations of these provisions, pursuant to Rule 206, Municipal Court Rules of Procedure, and Section 1-22-18, W.M.C.  

(D)  The Code Enforcement Officer shall not be deemed to be a sworn member of the Police Department pursuant to Section 3-1-4, W.M.C. 

3-4-5:  CODE ENFORCEMENT OFFICER ENTRY UPON PROPERTY: (1586 1696)

(A)  RIGHT OF ENTRY - GENERALLY:

(1) Whenever necessary to make an inspection to enforce any of the provisions listed in Section 3-4-4, W.M.C., or whenever a Code Enforcement Officer has probable cause to believe that there exists upon any premises any condition that constitutes a violation of the provisions of this Code, listed in Section 3-4-4, W.M.C., the Code Enforcement Officer may enter such premises at all reasonable times to inspect the same or to perform any duty imposed on him provided that, if such premises is occupied, the Code Enforcement Officer shall first present proper credentials and request entry and, if such premises is unoccupied, the Code Enforcement Officer shall first make a reasonable effort to locate the owner or occupant or other person or persons having charge or control of the premises, and, upon locating the owner, occupant or other person or persons, shall present proper credentials and request entry.  If the owner or occupant cannot be located after a reasonable effort, a notice of intent to inspect shall be posted on the premises.  The notice shall state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a Municipal Judge of the City.  For purposes of this Section premises is defined as that area outside of a habitable structure.   

(2) After entry is refused or twenty-four (24) hours after the premises has been posted, the Code Enforcement Officer may appear before the Municipal Judge and, upon a showing of probable cause, shall obtain a search warrant entitling him to enter upon the premises.  Upon presentation of the search warrant and proper credentials, or possession of same in the case of unoccupied premises, the Officer may enter upon the premises using such reasonable force as may be necessary to gain entry therein.

(3) For purposes of this subsection, "probable cause" exists where the facts and circumstances within the Officer's knowledge are sufficient to warrant a man of reasonable caution in the belief that a Code violation has been or is being committed.  The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular premises at issue in order to obtain a search warrant. 

(B)  UNLAWFUL RESISTANCE:  It is unlawful for any owner or occupant of the premises to resist reasonable force used by the Officer acting pursuant to this Section.

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