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ATTACHMENT C <br />131 4. Liability.The code official, officer or employee charged with the enforcement of this <br />132 code, while acting for the jurisdiction, in good faith and without malice in the discharge <br />133 of the duties required by this code or other pertinent law or ordinance, shall not thereby <br />134 be rendered civilly or criminallyliable personally, and is hereby relieved from all <br />135 personal liability for any damage accruing to persons or propertyas a result of an act <br />136 required or permitted in the discharge of official duties. <br />137 5. Legal Defense. Any suit or criminal complaint instituted against any officer or employee because <br />138 of an act performed by that officer or employee in the lawful discharge of duties and under the <br />139 provisions of this code shall be defended by the legal representative of the jurisdiction until the <br />140 final termination of theproceedings. The code official or any subordinate shall not be liable for <br />141 costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; <br />142 and any officer of the department of property maintenance inspection, acting in good faith and <br />143 without malice, shall be free from liability for acts performed under any of its provisions or by <br />144 reason of any act or omission in the performance of official duties in connection therewith. <br />145 6. Fees. The fees for activities and services performed by the department in carrying out its <br />146 responsibilities under this code shall be as indicated in Chapter 314 of City Code. <br />147 D. Duties And Powers Of The CodeOfficial <br />148 1. General. The code official is hereby authorized and directed to shall enforce the provisions of <br />149 this code. <br />150 2. Rule-making authority. The code official shall have authority to render interpretations <br />151 of this code and to adopt policies and procedures in order to clarify the application of its <br />152 provisions. Such interpretations, policies and procedures shall be in compliance with the <br />153 intent and purpose of this code. as necessary in the interest of public health, safety and <br />154 general welfare, to adopt and promulgate rules and procedures; to interpret and <br />155 implement the provisions of this code; to secure the intent thereof; and to designate <br />156 requirements applicable because of local climatic or other conditions. Such policies and <br />157 proceduresrules shall not have the effect of waiving structural or fire performance <br />158 requirements specifically provided for in this code., or of violating accepted engineering <br />159 methods involving public safety. <br />160 3. Inspections. The code official shall make all of the required inspections, or shall accept <br />161 reports of inspection by approved agencies or individuals. All Rreports of such <br />162 inspections shall be in writing and be certified by a responsible officer of such approved <br />163 agency or by the responsible individual. The code official is authorized to engage such <br />164 expert opinion as deemed necessary to report upon unusual technical issues that arise, <br />165 subject to the approval of the appointing authority. <br />166 4. Right of entry. Where it is necessary to make an inspection to enforce the provisions <br />167 of this code, or whenever the code official has reasonable cause to believe that there <br />168 exists in a structure or upon a premises a condition in violation of this code, the code <br />169 official is authorized to enter the structure or premises at reasonable times to inspect <br />170 or perform the duties imposed by this code, provided subject to constitutional <br />171 restrictions on unreasonable searches and seizures. that if such structure or premises is <br />172 occupied, the code official shall present credentials to the occupant and request entry. <br />173 If such structure or premises is unoccupied, the code official shall first make a <br />174 reasonable effort to locate the owner, owner's authorized agent or other person having <br />175 charge or control of the structure or premises and request entry. If entry is refusedor <br />176 not obtained, the code official shall have recourse to the remedies is authorized to <br />4 <br /> <br /> <br /> <br />