The office of Building Official-Engineer is hereby created and the executive official in charge shall be known as the "Building Official".

The Building Official shall be appointed by the Town Council. His appointment shall continue to the pleasure of the Town Council.

During temporary absence or disability of the Building Official, the appointing authority shall designate an Acting Building Official.

The Building Official shall be in good health, physically capable of making the necessary examinations and inspections. He shall not have any interest whatever, directly or indirectly, with the sale or manufacture of material, process or device entering into or used in or in connection with building, construction, alterations, removal and demolition.

Building Official—Engineer Duties and Authority.

(1)

The Building Official shall receive applications required by the Construction Codes of the Town of Hickory Creek, Texas; issue permits and furnish the prescribed certificates. He shall examine the premises for which permits have been issued and shall make necessary inspections to see that the provisions of the law are complied with and that construction is prosecuted safely. He shall enforce all provisions of the construction codes. He shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the codes and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he shall issue such notice or orders as may be necessary.

(2)

All conditions required under the provisions of the construction codes shall be made by the Building Official or his duly appointed assistants, provided the person who will make inspections shall be licensed in accordance with the most current Plumbing and Electrical Inspector License Law of the State of Texas. The Building Official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the construction codes shall be issued on such reports unless the same are in writing and certified by a responsible officer of such service.

(3)

The Building Official shall keep comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered, and notices or orders issued.

(4)

All such records shall be open to public inspection during office hours, but shall not be removed from the office of the Building Official without his written consent.

(5)

The Building Official shall make written reports to the Town Council once each month, or more often, if requested, including statements of permits and certificates issued, and orders promulgated.

(6)

The Building Official or assistant inspectors shall inspect personally and pass on all construction, electric work and plumbing work being constructed or placed in service in the Town of Hickory Creek, Texas, and issue a certificate of approval thereof, if he shall approve the same, or if he shall not approve the same, to direct by written order to the owner or agent in charge of the premises to stop the installation, construction or use of the imperfect work, until it shall have been made right by repairs, alterations or replacements as conditions may show as being necessary.

(7)

The Building Official or any assistant inspector may enter any house or premises in the Town of Hickory Creek, Texas, connected to the electrical distribution system serving the Town of Hickory Creek, Texas, and its inhabitants, at any time between the hours of 9:00 a.m. and 4:30 p.m. when request or complaint is made, to examine and inspect any construction, plumbing, electrical wiring, apparatus or appliance, or connections therewith.

(8)

The Building Official shall investigate all alleged violations of the Construction Codes reported to him, and file complaints against all persons whom he may know to be guilty of violations of any provisions of the such Ordinance of the Town of Hickory Creek, Texas.

(9)

The Building Official shall perform such other duties as the Town Council shall, from time to time, impose on the office.

(10)

The Building Official shall have the power, and it shall be his duty, where any building has or contains improper or defective work, or where work has been done without a permit as provided by law and the ordinances of the Town of Hickory Creek, Texas, to order the power company serving such building to immediately cut off the electrical current supply and to prevent any reconnection until the improper or defective condition shall have been made to comply fully with the laws and ordinances, and a certificate of approval of the Building Official shall have been issued.

(11)

Neither the Building Official nor any of his associates shall, when acting in good faith, without malice, be liable for damages by reason of duty performed under the provisions of this ordinance.

(12)

The Building Official or any of his assistants may be removed from office by the Town Council for incompetency or neglect of duty.

Any officer or employee charged with the enforcement of the Construction Codes, acting for the Town in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of the Construction Codes shall be defended by the attorney for the Town of Hickory Creek, Texas, until the final termination of the proceedings.

Appeal to Board of Adjustments.

(1)

Any person, firm or corporation aggrieved by any interpretation or by any decision of ruling of the Building Official under the Construction Codes, shall have the right to make an appeal to the Board of Adjustments. Notice of appeal shall be in writing and filed within ten days of the date such grievance occurs. A fee in the amount listed in the "Application and Fee Schedule" resolved by the Town Council shall accompany such notice of appeal.

(2)

The Town Council shall constitute the Board of Adjustments if no such board exists.

(3)

The Building Official shall be an ex officio, nonvoting member of said Board.

(4)

The Town Secretary shall be ex officio Secretary of said Board.

(5)

Within a period of 30 days from the filing of the appeal, the Board of Adjustments shall hear the appeal, together with the testimony of all parties concerned, and render a decision thereon within three days thereafter. In hearing such an appeal, the Board shall not have the power to waive or set aside the requirements of the Construction Codes, but shall have the power to interpret its provisions, and in case of alternate types of construction or materials, shall determine whether or not such alternate type of construction or material is in fact equal to the standards of the Construction Codes, considering adequacy, stability, strength, sanitation and safety to the public health and welfare. The action of the Board of Adjustments or the Town Council, sitting as the Board of Adjustments, thereon, shall be final.