Article 2. Appointed Officials
§1-201 Falls City Code §1-201.01
Article 2. Appointed Officials
§1-201 APPOINTED OFFICIALS; APPOINTMENT; REMOVAL.
(1) The Mayor,
with the consent of the City Council, may appoint such officers as
shall be required by ordinance or otherwise required by law. The
Mayor, by and with the consent of the City Council, and subject to
the provisions of the Civil Service Act, shall appoint such a
number of regular police officers and firefighters as may be
necessary. The City Council may establish and provide for the
appointment of members of a law enforcement reserve force as
provided by law.
(2) All police officers and firefighters who have
satisfactorily completed their period of probation may be removed
from office only in compliance with the provisions of the Civil
Service Act.
(3) Members of the Board of Public Works may be removed from
office by the Mayor with the consent of a majority of the City
Council.
(4) Employees covered by Collective Bargaining Agreements of
the City with it’s employees may be removed subject to the
procedures contained in the Collective Bargaining Agreements.
(5) Probationary police officers and probationary firefighters
and all other appointed officials not set out above may be removed
from office at any time by the Mayor. (Ref. 17-107, 17-801, 81-
1438 through 81-1446 RS Neb.) (Ord. #97-132)
§1-201.01 APPOINTED OFFICIALS; POLICE OFFICERS; DISCIPLINE OR
REMOVAL FROM DUTY; NOTICE AND HEARING; DETERMINATION.
(1) No
police officer, including the Chief of Police, shall be
disciplined, suspended, demoted, removed, or discharged except upon
written notice stating the reasons for such disciplinary action,
suspension, demotion, removal, or discharge. Such notice shall
also contain a statement informing the police officer of his or her
right to a hearing before the City Council.
(2) Any police officer so disciplined, suspended, demoted,
removed, or discharged may, within ten days after being notified by
of such disciplinary action, suspension, demotion, removal, or
discharge, file with the Municipal Clerk a written demand for a
hearing before the City Council. The City Council shall set the
matter for hearing not less than ten nor more than twenty days
after the filing of the written demand for a hearing. The City
Council shall give the police officer written notice of the hearing
not less than seven nor more than fourteen days prior to the
hearing.
(3) At the hearing, the police officer shall have the right
to: (a) respond in person to the charges and to present witnesses
§1-201.0 Administrative §1-202
and documentary evidence; (b) confront and cross-examine available
adverse witnesses; and (c) to be represented by counsel.
(4) Not later than thirty days following the adjournment of
the meeting at which the hearing was held, the City Council shall
vote to uphold, reverse, or modify the disciplinary action,
suspension, demotion, removal, or discharge. The failure of the
City Council to act within thirty days or the failure of a majority
of the elected Council members to vote to reverse or modify the
disciplinary action, suspension, demotion, removal, or discharge
shall be construed as a vote to uphold the disciplinary action,
suspension, demotion, removal, or discharge. The decision of the
City Council shall be based upon its determination that, under the
facts and evidence presented at the hearing, the challenged
disciplinary action, suspension, demotion, removal, or discharge
was necessary for the proper management and the effective operation
of the Police Department in the performance of its duties under the
state statutes.
(5) Nothing in this section shall be construed to prevent the
preemptory suspension or immediate removal from duty of an officer
pending the hearing authorized by this section, in cases of gross
misconduct, neglect of duty, or disobedience of orders. (Ref.
17-017 RS Neb.) (Ord. #97-136)
§1-202 APPOINTED OFFICIALS; MERGER OF OFFICES.
The Governing
Body may, at its discretion, by ordinance combine and merge any
elective or appointive office or employment or any combination of
duties of any such offices or employments, except Mayor and Council
member, with any other elective or appointive office or employment
so that one or more of such offices or employments or any
combination of duties of any such offices or employments may be
held by the same officer or employee at the same time. The
offices or employments so merged and combined shall always be
construed to be separate and the effect of the combination or
merger shall be limited to a consolidation of official duties only.
The salary or compensation of the officer or employee holding the
merged or combined offices or employments or offices and
employments shall not be in excess of the maximum amount provided
by law for the salary or compensation of the office, offices,
employment or employments so merged and combined. For purposes of
this section, volunteer firefighters and ambulance drivers shall
not be considered officers. (Ref. 17-108.02 RS Neb.)
§1-203 APPOINTED OFFICIALS; DUTIES PRESCRIBED.
The Governing
Body may regulate and prescribe by ordinance the powers, duties,
and compensation of the officers of the Municipality not
§1-203 Falls City Code §1-204
specifically delineated by State law, and require from all officers
and employees, elected or appointed, bonds and security for the
faithful performance of their duty. The Municipality may pay the
premium for such bonds. (Ref. 17-108, 17-604 RS Neb.)
§1-204 APPOINTED OFFICIALS; CITY ADMINISTRATOR-CLERK-TREASURER
(a) The appointive offices of the Municipal Clerk and Municipal
Treasurer are hereby combined and merged in accordance with the
authority granted to the Governing Body by section 1-202 and said
position shall be titled City Administrator-Clerk-Treasurer.
(b)The City Administrator-Clerk-Treasurer shall be appointed
by the Mayor by and with the consent of the Council. He may be
removed at the pleasure of the Mayor. The City Administrator-
Clerk-Treasurer shall be under the supervision and direction of the
Mayor at all times. He shall have no direction or supervision over
any officer, department, or board whose duties are prescribed by
State Statue. He shall make and keep current an inventory of all
real property and all major items of equipment owned by the
Municipality. He shall also supervise the purchasing program. He
shall be responsible for the preparation of the annual estimate of
expenditures for presentation of the annual estimate of
expenditures for presentation to the Mayor and committee on
finances prior to the passage of the Annual Appropriation
Ordinance. He shall serve as public relations officer of the
Municipality and shall endeavor to adjust all complaints filed
against any employee, department, division, or service and shall
cooperate with community organizations whose aim and purpose is to
advance the best interests of the Municipality. He shall attend
all meetings of the Council and shall have the duty of reporting
any matter concerning Municipal affairs under his supervision. He
shall analyze the functions, duties, and activities of the various
departments, divisions, and services of the Municipality and of all
employees thereof and to make his recommendations to the Mayor. He
shall thereafter carry out the Mayor’s recommendations in
coordinating the administrative functions and operations of the
various departments. He shall procure facts and submit suggested
long range improvements to the Governing Body. He shall maintain
such records and prepare such reports as may be required to perform
the duties of his office. Information and reports deemed necessary
by the City Administrator-Clerk-Treasurer shall be prepared by the
department heads under his supervision. The City Administrator-
Clerk-Treasurer shall act as the agent of the Mayor in the
discharge of his duties of the superintending and control of all of
the officers and affairs of the Municipality. He shall have no
independent power to exercise any policy make or legislative
functions whatsoever, nor commit or bind the Governing Body to any
§1-204 Falls City Code §1-205
plan, action, or program requiring official action by the Governing
Body. The salary of the City Administrator-Clerk-Treasurer shall
be fixed by resolution or ordinance of the City Council. He shall
be responsible for all other duties and obligations imposed by law
or by any other section of the Falls City Municipal Code for the
positions Municipal Clerk and Municipal Treasurer.
(c) Any action previously authorized by the City Council of
Falls City whereby the City Clerk-Treasurer was previously
appointed to any Board or directed to perform any function or
obligation authorized by the City Council of Falls City, the City
Administrator-Clerk-Treasurer shall immediately fulfill any such
obligation or duty without any further action by the City Council
of Falls City, Nebraska. (Ref. 17-604 RS Neb.)(Ord. 2010-100)
§1-205 APPOINTED OFFICIALS; CITY ADMINISTRATOR.
The City
Administrator shall be appointed by the Mayor by and with the
consent of the Council. He may be removed at the pleasure of the
Mayor. The City Administrator shall be under the supervision and
direction of the Mayor at all times. He shall have no direction or
supervision over any officer, department, or board whose duties are
prescribed by State Statute. He shall make and keep current an
inventory of all real property and all major items of equipment
owned by the Municipality. He shall also supervise the purchasing
program. He shall be responsible for the preparation of the annual
estimate of expenditures for presentation to the Mayor and
committee on finances prior to the passage of the Annual
Appropriation Ordinance. He shall serve as public relations officer
of the Municipality and shall endeavor to adjust all complaints
filed against any employee, department, division, or service and
shall cooperate with community organizations whose aim and purpose
is to advance the best interests of the Municipality. He shall
attend all meetings of the Council and shall have the duty of
reporting any matter concerning Municipal affairs under his
supervision. He shall analyze the functions, duties, and activities
of the various departments, divisions, and services of the
Municipality and of all employees thereof and to make his
recommendations to the Mayor. He shall thereafter carry out the
Mayor’s recommendations in coordinating the administrative
functions and operations of the various departments. He shall
procure facts and submit suggested long range improvements to the
Governing Body. He shall maintain such records and prepare such
reports as may be required to perform the duties of his office.
Information and reports deemed necessary by the Administrator shall
be prepared by the department heads under his supervision. The City
Administrator shall act as the agent of the Mayor in the discharge
of his duties of the superintending and control of all of the
officers and affairs of the Municipality. He shall have no
§1-205 Administrative §1-206
independent power to exercise any policy making or legislative
functions whatsoever, nor commit or bind the Governing Body to any
plan, action, or program requiring official action by the Governing
Body. The salary of the Administrator shall be fixed by ordinance
of the Council. (Ref. 17-604 RS Neb.)
§1-206 APPOINTED OFFICIALS; MUNICIPAL CLERK.
The Municipal
Clerk shall attend the meetings of the Governing Body, and keep a
correct journal of the proceedings of that body. He or she shall
keep a record of all outstanding bonds against the Municipality and
when any bonds are sold, purchased, paid, or canceled, said record
shall show the fact. He or she shall make, at the end of the
fiscal year, a report of the business of the Municipality
transacted through his or her office for the year. That record
shall describe particularly the bonds issued, and sold during the
year, and the terms of the sale with each, and every item, and
expense thereof. He or she shall file all official bonds after the
same shall have been properly executed, and approved. He or she
shall make the proper certificate of passage which shall be
attached to original copies of all bond ordinances hereafter
enacted by the Governing Body.
The Municipal Clerk shall issue, and sign all licenses,
permits, and occupation tax receipts authorized by law, and
required by the Municipal ordinances. He or she shall collect all
occupation taxes, and license money except where some other
Municipal officer is specifically charged with that duty. He or
she shall keep a register of all licenses granted in the
Municipality, and the purpose for which they have been issued.
The Municipal Clerk shall permit no records, public papers, or
other documents of the Municipality kept, and preserved in his or
her office to be taken therefrom, except by such officers of the
Municipality as may be entitled to the use of the same, but only
upon their leaving a receipt therefor. He or she shall keep all
the records of his or her office, including a record of all
licenses issued by him or her in a blank book with a proper index.
He or she shall include as part of his or her records all petitions
under which the Governing Body shall order public work to be done
at the expense of the property fronting thereon, together with
references to all resolutions, and ordinances relating to the same.
He or she shall endorse the date, and hour of filing upon every
paper, or document so filed in his or her office. All such filings
made by him or her shall be properly docketed. Included in his or
her records shall be all standard codes, amendments thereto, and
other documents incorporated by reference, and arranged in
triplicate in a manner convenient for reference. He or she shall
keep an accurate, and complete account of the appropriation of the
§1-206 Falls City Code §1-206
several funds, draw, sign, and attest all warrants ordered for the
payment of money on the particular fund from which the same is
payable. At the end of each month, he or she shall then make a
report of the amounts appropriated to the various funds, and the
amount of the warrants drawn thereon. Nothing herein shall be
construed to prevent any citizen, official, or other person from
examining any public records at all reasonable times.
The Municipal Clerk shall deliver all warrants, ordinances,
and resolutions under his or her charge to the Mayor for his or her
signature. He or she shall also deliver to officers, employees,
and committees all resolutions, and communications which are
directed at said officers, employees, or committees. With the seal
of the Municipality, he or she shall duly attest the Mayor’s
signature to all ordinances, deeds, and papers required to be
attested to when ordered to do so by the Governing Body. Within
thirty (30) days after any meeting of the Governing Body, the
Municipal Clerk shall prepare, and publish the official proceedings
of the Governing Body in a legal newspaper of general circulation
in the Municipality, and which was duly designated as such by the
Governing Body. Said publication shall set forth a statement of
the proceedings thereof and shall also include the amount of each
claim allowed, the purpose of the claim, and the name of the
claimant, except that the aggregate amount of all payroll claims
may be included as one (1) item. Between July 15 and August 15 of
each year, the employee job titles and the current annual, monthly,
or hourly salaries corresponding to such job titles shall be
published. Each job title published shall be descriptive and
indicative of the duties and functions of the position. The charge
for such publication shall not exceed the rates provided by the
statutes of the State of Nebraska. Said publication shall be
charged against the General Fund. He or she shall then keep in a
book with a proper index, copies of all notices required to be
published, or posted by the Municipal Clerk by order of the
Governing Body, or under the ordinances of the Municipality. To
each of the file copies of said notices shall be attached the
printer’s affidavit of publication, if the said notices are
required to be published, or the Municipal Clerk’s certificate
under seal where the same are required to be posted only.
The Municipal Clerk shall receive all objections to creation
of paving districts, and other street improvements. He or she
shall receive the claims of any person against the Municipality,
and in the event that the said claim is disallowed in part, or in
whole, the Municipal Clerk shall notify such claimant, his or her
agent, or attorney by letter within five (5) days after such
disallowance, and the Municipal Clerk shall then prepare
transcripts on appeals of any disallowance of a claim in all proper
cases.
The Municipal Clerk may charge a reasonable fee for certified
§1-206 Administrative §1-207
copies of any record in his or her office as set by resolution of
the Governing Body. He or she shall destroy Municipal records
under the direction of the State Records Board pursuant to sections
84-1201 through 84-1220; provided, the Governing Body shall not
have the authority to destroy the Minutes of the Municipal Clerk,
the permanent ordinances, and resolution books, or any other
records classified as permanent by the State Records Board. (Ref.
17-605, 19-1102, 19-1104, 84-1201 through 84-1220, 84-712 RS Neb.)
§1-207 APPOINTED OFFICIALS; MUNICIPAL TREASURER.
The Municipal
Treasurer shall be the custodian of all moneys belonging to the
Municipality. He shall keep all money belonging to the Municipality
separate, and distinct from his own money. He shall keep a
separate account of each fund or appropriation, and the debits, and
credits belonging thereto. He shall issue duplicate (2) receipts
for all moneys received by him for the Municipality. He shall give
to every person paying money into the Municipal Treasury, a receipt
therefor, specifying the date of payment, and the account paid. One
(1) of the receipts shall be filed with his monthly report, and the
last copy of the said receipt shall be kept on file in his office.
His books, and accounts shall always be open for inspection by any
citizen of the Municipality whenever any Municipal fiscal record,
audit, warrant, voucher, invoice, purchase order, requisition,
payroll check, receipt or other record of receipt, cash or
expenditure involving public funds is involved. He shall cancel all
bonds, coupons, warrants, and other evidences of debt against the
Municipality, whenever paid by him, by writing, or stamping on the
face thereof, “Paid by the Municipal Treasurer,” with the date of
payment written or stamped thereon. He shall collect all special
taxes, allocate special assessments to the several owners, and
shall obtain from the County Treasurer a monthly report as to the
collection of delinquent taxes. The Treasurer’s daily cash book
shall be footed and balanced daily, and he shall adopt such
bookkeeping methods as the Governing Body shall prescribe. He shall
invest and collect all money owned by, or owed to, the Municipality
as directed by the Governing Body. (Ref. 17-606 through 17-609,
84-712 RS Neb.)
§1-208 APPOINTED OFFICIALS; TREASURER’S MONTHLY REPORT.
The
Municipal Treasurer shall at the end of each, and every month, and
such other times as the Governing Body may deem necessary, render
an account to the Governing Body under oath showing the financial
state of the Municipality at that date, the amount of money
remaining in each fund and the amount paid therefrom, and the
balance of money remaining in the Treasury. He shall accompany the
§1-208 Falls City Code §1-210
said account with a statement of all receipts, and disbursements,
together with all warrants redeemed, and paid by him. He shall also
produce depository evidence that all Municipal money is in a
solvent, and going bank in the name of the Municipality. If the
Municipal Treasurer shall neglect, or fail for the space of ten
(10) days from the end of each and every month to render his
accounts as aforesaid, the Governing Body shall, by resolution,
declare the office vacant, and appoint some person to fill the
vacancy. The Municipal Treasurer shall be present at each regular
meeting of the Governing Body at which time he shall read,
and file his monthly report. (Ref. 17-606 RS Neb.)
§1-209 APPOINTED OFFICIALS; TREASURER’S ANNUAL REPORT.
It shall
be the duty of the Treasurer to prepare and publish annually,
within sixty (60) days following the close of the Municipal fiscal
year, a statement of the receipts and expenditures by funds of the
City for the preceding fiscal year. Not more than the legal rate
shall be charged and paid for such publication. Such publication
shall be made in one (1) legal newspaper of general circulation in
the City. Any Treasurer failing or neglecting to prepare and
publish such statement of receipts and expenditures shall be deemed
guilty of an offense and shall be removed from office for such
failure or neglect. (Ref. 19-1101, 19-1103, 19-1104 RS Neb.)
§1-210 APPOINTED OFFICIALS; TREASURER’S WARRANTS.
The Treasurer
shall keep a warrant register which shall show in columns arranged
for that purpose, the number, date, and amount of each warrant
presented and registered, the particular fund upon which the same
is drawn, the date of presentation, the name and address of the
person in whose name the same is registered, the date of payment,
the amount of interest, and the total amount paid thereon, with the
date when notice to the person in whose name such warrant is
registered as herein provided. On presentation of a warrant for
payment to the Treasurer when there are not sufficient moneys on
hand to the credit of the proper fund to pay the same, it shall be
the duty of the Treasurer to enter such warrant in his warrant
register for payment in the order of its presentation and he shall
endorse on the warrant the words “registered for payment” with the
date of registration and shall sign such endorsement, whereupon the
warrant shall draw interest at the rate of seven percent (7%),
which rate shall be endorsed on the warrant, until notice of
payment shall be given the registered owner. The Treasurer shall
neither directly or indirectly contract for or purchase any City
warrant at any discount whatever upon the sum due on such warrant
or order, and if he shall so contract for or purchase any such
§1-210 Administrative §1-212
order or warrant, he shall not be allowed in settlement the amount
of such order or warrant, or any part thereof, and shall also
forfeit the whole amount due on such order or warrant. (Ref. 45-
106, 77-2202, 77-2203 RS Neb.)
§1-211 APPOINTED OFFICIALS; MUNICIPAL ATTORNEY.
The Municipal
Attorney is the Municipality’s legal advisor, and as such he shall
commence, prosecute, and defend all suits on behalf of the
Municipality. When requested by the Governing Body, he shall attend
meetings of the Governing Body, and shall advise any Municipal
official in all matters of law in which the interests of the
Municipality may be involved. He shall draft such ordinances,
bonds, contracts, and other writings as may be required in the
administration of the affairs of the Municipality. He shall examine
all bonds, contracts, and documents on which the Governing Body
will be required to act, and attach thereto a brief statement in
writing to all such instruments, and documents as to whether, or
not, the document is in legal, and proper form. He shall prepare
complaints, attend, and prosecute violations of the Municipal
ordinances and prosecute all cases for violation of the Municipal
ordinances that have been appealed to, and are pending in any
higher court. He shall also examine, when requested to do so by the
Governing Body, the ordinance records, and advise, and assist the
Municipal Clerk as much as may be necessary to the end that each
procedural step will be taken in the passage of each ordinance to
insure that they will be valid, and subsisting local laws in so far
as their passage, and approval are concerned. The Governing Body
shall have the right to compensate the Municipal Attorney for legal
services on such terms as the Governing Body and the Municipal
Attorney may agree, and to employ any additional legal assistance
as may be necessary out of the funds of the Municipality. (Ref. 17-
610 RS Neb.)
§1-212 APPOINTED OFFICIALS; MUNICIPAL ENGINEER.
The Municipal
Engineer shall make all surveys, estimates, and calculations
necessary to be made for the establishment of any public utilities,
and the costs of labor and materials therefor. He shall accurately
make all plats, sections, and maps as may be necessary under the
direction of the Governing Body. Upon request, he shall make
estimates of the cost of labor and material which may be done or
furnished by contract with the Municipality, and make all surveys,
estimates, and calculations necessary to be made for the
establishment of grades, building of culverts, sewers, electric
light system, waterworks, power plant, public heating system,
bridges, curbing, and gutters and the improvement of streets and
§1-212 Falls City Code §1-214
erection and repair of buildings, and shall perform such other
duties as the Governing Body may require. When a Municipality has
appointed a Board of Public Works, and the Governing Body has by
ordinance so authorized, the Board shall have the right to utilize
its own engineering staff, and shall have the right to hire
consulting engineers for the design and installation of extensions
and improvements of the works under the jurisdiction of the Board
of Public Works. Whenever the Governing Body has authorized, the
Board of Public Works shall have the right to purchase material and
employ labor for the enlargement and improvement of the water and
electric departments. (Ref. 17-150, 17-405, 17-568.01, 17-919, 81-
839 RS Neb.)
§1-213 APPOINTED OFFICIALS; SPECIAL ENGINEER.
The Governing Body
may employ a Special Engineer to make or assist the Municipal
Engineer in making any particular estimate, survey, or other work.
The Special Engineer shall make a record of the minutes of his
surveys and all other work done for the Municipality. He shall,
when directed by the Governing Body, accurately make all plats,
sections, profiles, and maps as may be necessary in the judgment of
the Governing Body. He shall, upon request of the Governing Body,
make estimates of the costs of labor and material which may be done
or furnished by contract with the Municipality, and make all
surveys, estimates, and calculations necessary for the
establishment of grades, bridges, building of culverts, sewers,
electric light system, waterworks, power plant, public heating
system, curbing and gutters, and the improvement of streets and
erection and repair of buildings, and shall perform such other
duties as the Governing Body may require. All records of the
Special Engineer shall be public records which shall belong to the
Municipality, and shall be turned over to his successor. (Ref. 17-
405, 17-568, 17-568.01, 17-919 RS Neb.)
§1-214 APPOINTED OFFICIALS; MUNICIPAL PHYSICIAN.
The Municipal
Physician shall be a physician who resides permanently in the City.
He shall be a member of the Board of Health of the City and shall
be its medical adviser. When requested by the Mayor or City
Attorney, he shall investigate all cases of injury to persons in
which liability against the City may be asserted and make a written
report thereof, including the circumstances causing the injury and
the nature and extent of the injury. He shall perform such other
duties of a medical and healthful nature as shall be assigned to
him from time to time by the Mayor and Council. He shall receive no
compensation as a member of the Board of Health nor any salary as
Municipal Physician, but shall be allowed compensation for services
§1-214 Administrative §1-216
so assigned to him and rendered the City at the usual rates
prevailing in the City for such services. (Ref. 17-121, 17-604 RS
Neb.)
§1-215 APPOINTED OFFICIALS; MUNICIPAL POLICE CHIEF.
The Chief of
Police shall have the immediate superintendence of the police. He
and the policemen shall have the power, and it shall be their duty,
to arrest all offenders against the laws of Nebraska or of the
City, by day or by night, in the same manner as a Sheriff or
Constable. They shall have the same power as a Sheriff and
Constable in relation to all criminal matters arising out of a
violation of a Municipal law and all process
issued by the County Court in connection with a violation of a
Municipal law. They shall arrest and detain any person found
violating any law of Nebraska or any law of the City, until a legal
warrant can be obtained. Each member of the City Police Department
shall have the duties of becoming well informed as to the laws of
the State and laws of the City, of enforcing such laws and such
further duties as shall be assigned to them by the Mayor and
Council and as are otherwise provided by law. The Chief of Police
shall have custody of all Municipal property used by the City
Police; shall execute the orders of the Mayor; shall be a member of
the Board of Health and the Secretary and quarantine officer
thereof; shall have charge of traffic control on the City streets;
shall make or cause to be made complaints for violations of
ordinances of the City; and shall perform such other duties as are
assigned to or required of him by the Mayor and Council or
otherwise provided by law. (Ref. 17-107, 17-121 RS Neb.)
§1-216 APPOINTED OFFICIALS; BUILDING INSPECTOR.
The Building
Inspector is hereby authorized and directed to enforce all the
provisions of the Municipal Code pertaining to building
construction and repair. He shall inspect buildings being
repaired, altered, built or moved in the Municipality as often as
necessary to insure compliance with all Municipal ordinances. For
such purpose, he shall have the powers of the Municipal Police. In
accordance with his duties and upon presentation of proper
credentials, the Building Inspector, or his duly authorized
representative, may enter at all reasonable times any building,
structure, or premise to perform any duty imposed upon him by any
Building Code, Housing Code, Electrical Code, Plumbing Code, or Gas
Code duly adopted by reference in the Municipal Code, or any
provision of the Municipal Code. If entry is denied, the Building
Inspector may seek an administrative search warrant to gain entry
to the premises. Whenever any building or construction work is
§1-216 Falls City Code §1-216
being done contrary to the provisions of said codes, it shall be
the duty of the Building Inspector to order the work stopped. If
the stop work order is an oral one, it shall be followed by a
written stop work order within one (1) hour. All written orders
may be served personally by the Building Inspector or by any member
of the Municipal Police or may be served by certified mail. Any
person, firm or corporation receiving a stop work order shall
immediately stop, or cause to be stopped, said work until
authorization is received from the Building Inspector to continue
the work.
The Building Inspector, acting in good faith and without
malice in the discharge of his duties, shall not thereby render
himself personally liable and is hereby relieved from all personal
liability for any damage that may accrue to persons or property as
the result of any act or omission in the discharge of his duties.
Any suit brought against the Building Inspector, because of an
alleged act or omission performed by him in the enforcement of any
provision of the Municipal Codes relating to buildings or building
construction shall be defended by the legal department of the
Municipality until final termination of the proceedings. The
Building Inspector may request, and shall receive so far as may be
necessary in the discharge of his duties, the assistance and
cooperation of other officials of the Municipality. The Inspector
shall have such additional duties and make such reports as the
Governing Body may prescribe from time to time. All actions by the
Building Inspector shall be subject to the supervision of the
Governing Body. (Ref. 17-604 RS Neb.)