Well Neomtric, there is quite a bit of overlap - more than you are capable of understanding. But that is another argument.
The mayor and the council would be well advised to reinstate the health department, because by a city ordinance still on the books (at least on the internet) and still in force, and the health department is the only department with this authority - not even code enforcement, inspections department or whatever the name du jour is, has this authority. If Inspections / Code Enforcement (CE) were granted this authority, there would be numerous lawsuits. I might be wrong with CE having this authority only because I cannot find it on the website.
So, still on the internet at amlegal . com is this little gem:
§ 95.02 AUTHORITY TO ENTER PREMISES.
(A) The Board of Health and members thereof shall have full and complete authority to enter any and all premises, houses or buildings within the city, for the purpose of inspecting or examining the premises, houses or buildings.
(B) It shall be unlawful for any person to prevent or attempt to prevent any entrance or inspection or examination, provided, that before making or attempting to make the entrance, due request for permission is made and the entrance is not made or attempted at an improper or unreasonable hour.
(Prior Code, § 95.02) Penalty, see § 10.99
I could find no repeal of this ordinance.
Here's the link for the heathen infidels who read this board:
http://amlegal.com/nxt/gateway.dll/Indi ... hammond_inSo my proposal is this: reinstate the health department and place the entire building department under the health department - then the city would have absolute authority to enter into any structure AND the city could still require "rental licenses" under health department authority.
You understand, the mayor and some other governments throughout the state became overzealous and aggravated large property owners, just the wrong kind of people - the very people who help fund campaigns. So the property owners cry to the state and the state slaps the hands of every CE and Building Department in the state.
I seriously doubt the state will diminish health department authority or power. If anything, the state would likely increase said power and authority.
Think about it. The mayor threw away a powerful department - for what? To save a few bucks and place his own friends and family in juicy positions? That's not just dumb, that is criminal in my opinion. And furthermore, thanks to the infinite wisdom of Tom Dabertin, everything he touches turns into excrement. The city needs to get rid of him!