Article 2. Appointed Official

1-201 Falls City Code §1-216

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.  Such officers may be removed from office by the Mayor.  All officers, except regular police officers, appointed by the Mayor and confirmed by the City Council, shall hold the office to which such officers have been appointed until the end of the Mayor's term of office and until their successors are appointed and qualified unless sooner removed.

(2) The Mayor, by and with the consent of the City Council, shall appoint such a number of regular police officers as may be necessary.  All police officers appointed by the Mayor and City Council may be removed, demoted, or suspended at ay time by the Mayor as provided in section 1-201.01 of this Chapter.  A police officer, including the Chief of Police, may appeal to the City Council such removal, demotion, or suspension with or without pay as provided in section 1-201.01 of this Chapter.  After a hearing, the City Council may uphold, reverse, or modify the action.  This subsection does not apply to a police officer during his or her probationary period.

(3) The City Council may establish and provide for the appointment of members of a law enforcement reserve force as provided by law.

(4) The Mayor, by and with the consent of the City Council, shall appoint such a number of firefighters as may be necessary.

(5) All police officers who have satisfactorily completed their period of probation may be removed from office only in compliance with the provisions of section 1-201.01 of the Falls City Municipal Code.

(6) 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.

(7) Should any provisions of this section conflict with applicable statutes of the State of Nebraska, collective bargaining agreements, and/or individual employee contracts, the applicable statutes, collective bargaining agreements, and/or individual employee contracts shall take precedence over the provisions of this section.

(8) 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; Ord. #2011-104)

§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, with or without pay, demoted, removed, or discharged upon the written accusation of the Chief of Police, the Mayor, or any citizen or taxpayer, except upon written notice stating the reasons for such disciplinary action, suspension with or without pay, demotion, removal, or discharge, and a copy of the written accusation to the police officer or Chief of Police.  Such notice shall also contain a statement informing the police officer or Chief of Police of his or her right to a hearing before the City Council.

(2) Any police officer or Chief of Police so disciplined, suspended with or without pay, demoted, removed, or discharged may, within ten (10) days after being notified by of such disciplinary action, suspension with or without pay, 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 (10) nor more than twenty (20) days after the filing of the written demand for a hearing.  The City Council shall give the police officer or Chief of Police written notice of the hearing not less than seven nor more than fourteen (14) days prior to the hearing.

(3) At the hearing, the police officer or Chief of Police shall have the right to: (a) have an attorney or representative retained by the police officer or Chief of Police present with him or her at all hearings or proceedings regarding the written accusations; (b) respond in person to the charges and to be heard and present evidence or have his or her attorney or representative retained by the police officer or Chief of Police to be heard and present evidence; 8) confront and cross-examine available adverse witnesses or have his or her attorney or representative retained by the police officer or Chief of Police to confront and cross-examine available adverse witnesses; and (d) to record all hearings or proceedings regarding the written accusation.  The individual imposing the action or their respective attorneys or representatives shall also have the right to record all hearings or proceedings regarding the written accusation.

(4) Not later than thirty (30) 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 with or without pay, demotion, removal, or discharge.  The failure of the City Council to act within thirty (30) days or the failure of a majority of the elected Council members to vote to reverse or modify the disciplinary action, suspension with or without pay, demotion, removal, or discharge shall be construed as a vote to uphold the disciplinary action, suspension with or without pay, 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 with or without pay, 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 statutes of the State of Nebraska.

(5) Nothing in this section shall be construed to prevent the preemptory suspension with or without pay 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.

(6) This section does not apply to a police officer during his or her probationary period

(7) Should any provisions of this section conflict with applicable statutes of the State of Nebraska, collective bargaining agreements, and/or individual employee contracts, the applicable statutes, collective bargaining agreements, and/or individual employee contracts shall take precedence over the provisions of this section. (Ref. 17-017 RS Neb.) (Ord. #97-136; Ord. #2011-105)

§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 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 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 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 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 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 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 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 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 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 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.)