A. In accordance with the requirements of this Section the City shall be authorized to periodically conduct an inspection of residential rental dwelling units to assure compliance with all applicable building, housing and sanitation codes and ordinances. Owners shall provide access to all required areas of a residential rental property for inspection within twenty-one (21) calendar days of an inspection request from the City's Planning and Community Development Department. This time period may be extended upon the approval of the Director or his or her designee. If the residential rental dwelling unit is legally occupied by a tenant or other occupant, the owner shall notify the tenant or occupant and request that the tenant or occupant allow the inspection. The owner shall not be in violation of this Section if the tenant or occupant refuses to allow the inspection. In the event that the tenant or occupant refuse to allow access for inspection, the City may exercise any legitimate authority to obtain access including, but not limited to, a court order or search warrant. Notwithstanding the foregoing, the designated public safety officials of the City, may enter the subject property if exigent circumstances exist, as detemined by the public safety officials, without a court order or search warrant.
B. Frequency of Inspections.
1. Initial Inspections and Subsequent Inspections.
a. It is the intent of the City that all residential rental dwelling units subject to this Chapter as of the effective date of this Chapter will receive an initial inspection and subsequently an annual inspection, subject to the twenty-one (21) day notice required by subsection A., provided that residential dwelling units who register for the Self-Certification Program after completing the initial inspection will not require annual inspections.
b. Well-maintained properties eligible to participate in the Self-Certification Program will have reduced inspections as outlined in Section 8.40.090 for a period of five (5) years as long as the residential rental dwelling units' condition do not deteriorate during that time to the extent that the property would no longer meet the Self-Certification eligibility standards.
c. Any residential rental dwelling unit which becomes subject to this Chapter after the first year of the program shall receive an inspection within ninety (90) days of the date of registration. After successfully completing this initial inspection, the residential rental dwelling unit shall become eligible for Self-Certification Program.
2. Subsequent Inspections.
a. If during the inspection or any subsequent inspection there are building, housing or sanitation code or ordinance violations, or permit violations, on the property which prevent the City inspector from issuing a rental housing inspection certification one or more re-inspections of the property may be required before a rental housing inspection certification is issued.
C. Code Enforcement. When during an inspection, a building, housing or sanitation code or ordinance violation is noted, as a courtesy prior to undertaking formal code enforcement action, the City inspector shall document the violation, advise the owner or operator of the violation and of the action which must be undertaken and completed in order to remedy the violation and schedule a re-inspection to verify correction of the violation. If upon re-inspection the violation has not been corrected, the City inspector may report the violation for code enforcement pursuant to the provisions of this Code. If upon receipt of the courtesy notice from the City inspector, the owner or operator advises that he or she will not proceed to correct the violation, the violation shall then be immediately reported for code enforcement.
D. Rental Housing Inspection Certification. Upon the successful completion of an inspection, subsequent inspection or re-inspection of the residential rental dwelling unit establishing that the property and its occupancy are in compliance with all applicable building, housing and sanitation code or ordinance requirements, the City shall issue to the owner or operator a rental housing inspection certification verifying code/ordinance compliance and specifying a one (1) or, for properties which qualify for the Self-Certification Program, a five (5) year time period during which the certification will remain valid and during which the residential rental dwelling unit shall not be subject to a subsequent inspection. Notwithstanding the foregoing a rental housing inspection certification shall not preclude code enforcement or investigation on the property if during the rental housing inspection certification period a code violation on the property is reported to the City or otherwise observed by the City on the property.
[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15; Am. Ord. 543, Section 2, 2/24/16.]