Deep within the bowels of the ever elusive concept known as "code enforcement" we find a cluster f#@* of such asinine proportions as to make a classic military FUBAR look like a successful manned space flight to Mars.
At the very bottom of the heap is the Ordinance Enforcement Officer position that was created under Title XV, Section 150.040 of the New Albany Building Regulations.
By ordinance that person reports directly to the City Attorney. Which brings me to the question, do we have one of those yet (attorney, not enforcement officer)?
Next in line is the Building Commissioner, who under 150.020 is authorized and directed to administer and enforce all of the provisions of this subchapter (i.e.; Building Regulations).
Now here is where the confusion begins.
Under 150.023, the Building Commissioner shall be directly responsible to the Board of Public Works and Safety in the performance of his duties. I find this conflicting for at least two reasons.
First of all, under Title V of the New Albany Code entitled Public Works, the BOW’s responsibilities by ordinance deal with Garbage & Refuse, Sewers, Wastewater Treatment, Water, Drainage, Cemeteries, and Storm Water Management. I can find no mention to that body’s involvement in the structural aspect of buildings.
I do however find the following under Indiana Code 36-7, which outlines the office of Planning & Development: IC-36-7-2-9 states among other things that “Each unit shall require compliance with (1) the code of building laws and fire safety laws that are adopted in the rules of the fire prevention and building safety commission under IC-22-13.” These are referenced in the New Albany Code under 150.010 entitled Adoption of Regulations by Reference.
I’m reading by state statute that Planning & Development would be the Building Commissioners go-to entity for guidance on enforcing building codes. That is, if one follows the chain of command as prescribed by law.
Continuing on up the ladder the next official in line is the City Attorney (I’ve already asked the question haven’t I?) who once again under IC 36-4-9-12 shall among other things (2) “Prosecute violators of city ordinances.”
Then we finally get to the very top rung, and we find under IC-36-4 (City Executive) 5-3 Powers & Duties he shall (1) enforce the ordinances of the city and statutes of the state; (6) supervise subordinate officials; and (7) ensure efficient government of the city.
WOW! What a system! Anyone dare to venture a guess as to who’s on first and what the hell (if anything) is on second?
So far the best I can come up with is a quote from a classic Paul Newman movie: “What we have heah is a failuaa to communikate!”
I’ll stop for now, but stay tuned sports fans. We wouldn’t want the county government's role in this saga to go unexplored!
http://www.amlegal.com/nxt/gateway.dll/Indiana/newalb/cityofnewalbanyincodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:newalbany_in
http://www.in.gov/legislative/ic/code/title36/
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2 comments:
Lloyd - good reporting!
the problem with code enforcement isnt in the ordinances, its in the unwillingness of the third floor of doing its job and the selective enforcement mentality that permeates this administration, which was a trademark of England in the 90's as well.
Leadership begins at the top so if you want to attribute the failure of code enforcement , you only need look to the Mayors office as the cause.
By the way, Board of works no longer has jurisdiction over drainage and stormwater, the stormwater board does by ordinannce and when I chaired the Board,we enforced the stormwater regulations to the lettter, cant vouch for the current board however.
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