(A) Inspections authorized. The inspection officers are authorized and directed to make inspections to determine the condition of rental units located within the city.
(1) The inspection officers are authorized to enter, examine and survey, at all reasonable times, any and all rental units. The owner or the owner's representative, and/or occupant of every rental unit, shall give the inspection officer free access to such rental unit and its premises at all reasonable times for the purpose of such inspection, examination and survey, provided, however, that such inspection officer has, prior to entry thereof, positively identified himself or herself as a person authorized pursuant to this chapter to enter upon said premises. At the time of each inspection, all pets must be controlled so that the inspection officer can move about the dwelling and surrounding property.
(2) The owner or the owner's representative and the occupant shall be entitled to 72 hours written notice from the inspection officer prior to conducting the inspection, examination or survey. In the event that the owner, or the tenant if occupied, refuses to allow the inspection officer to conduct the inspection, the inspection officer shall apply for a warrant to make the inspection in accordance with IC 36-7-9-16.
(3) This provision shall not be construed to limit or restrain the right of the inspection officer to make an inspection of any other building or premises pursuant to any of the provisions of IC 36-7-9-1 et seq. or the city's ordinances concerning unsafe buildings or unsightly premises.
(B) Inspection at least once every five years. Every rental unit operated and maintained in the city shall be inspected by the Code Enforcement Official or his/her designee at least one time every five years ("routine inspection"). The routine inspection shall be made to ascertain that the facility conforms to all requirements of this chapter, any other ordinance of the city, and all statutes of the State of Indiana regarding such facilities.
(C) Exemption to routine inspection. Pursuant to IC 36-1-20-4.1(c), except as provided in division (D) below, the city may not conduct a routine inspection of a rental unit or impose a fee pertaining to the inspection of a rental unit, if the rental unit satisfies all of the following:
(1) The rental unit is:
(a) Managed by a professional real estate manager; or
(b) Part of a rental unit community that is managed by a professional real estate manager.
(2) During the previous 12 months, the rental unit has been inspected or is part of a rental unit community that has been inspected by either of the following:
(a) By or for:
1. The United States Department of Housing and Urban Development, the Indiana Housing and Community Development Authority, or another federal or state agency; or
2. A financial institution or insurance company authorized to do business in Indiana.
(b) By an inspector who:
1. Is a registered architect;
2. Is a professional engineer; or
3. Satisfies the qualifications of the city's Code Enforcement Official or his/her designee such that the inspector would qualify as an inspection officer.
(c) However, the inspector may not be the owner of the property, a relative of the property owner, or an employee of the owner.
(d) The city shall be informed of any and all inspections described in divisions (C)(2)(a) and (b) above and shall be provided the opportunity to attend and observe said inspections. Inspection reports associated with inspections described in divisions (C)(2)(a) and (b) above shall be provided to the city within 30 days of inspection by the third party.
(3) A written inspection report of the inspection under division (C)(2) above has been issued to the owner of the rental unit or rental unit community (as applicable) that verifies that the rental unit or rental unit community is safe and habitable with respect to:
(a) Electrical supply and electrical systems;
(b) Plumbing and plumbing systems;
(c) Water supply, including hot water;
(d) Heating, ventilation, and air conditioning equipment and systems;
(e) Bathroom and toilet facilities;
(f) Doors, windows, stairways, and hallways;
(g) Functioning smoke detectors; and
(h) The structure in which a rental unit is located.
(4) The inspection report issued under division (C)(3) above is delivered to the City Code Enforcement Official or his/her designee on or before the date of the scheduled inspection.
(D) Additional inspections. In addition to the routine inspection that will occur once every five years, the city may inspect any rental unit, if:
(1) The city receives a formal written complaint; or
(2) The city has reason to believe, as a result of an emergency, police, or fire response and/or a complaint received by another agency related to the general health, safety, and welfare associated with the unit, that the rental unit does not comply with applicable code requirements, so long as the city provides 72 hours written notice as provided in division (A)(2) above. (Fees are set forth in division (F) below.)
(E) Access. Every occupant of a rental unit shall give the owner thereof or the owner's representative access to any part of such dwelling or rental unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter.
(F) Inspection fees. For any routine, single inspection that occurs during the five-year term set forth in division (B) above, the city shall charge the owner of the rental unit a base fee of $125 ("inspection fee") for each building, along with an additional $25 fee for each unit. Failure to pay the inspection fee within 30 days of receiving notice of a required inspection shall result in a violation of this chapter. However, in the case of a rental unit that meets the requirements for an exemption under division (C) below, the city may not impose any inspection fee pertaining to the inspection of that rental unit. If a complaint is received and verified for a rental unit after the city's routine, single inspection has occurred, the city shall charge the owner of the rental unit a prorated portion of the base $125 fee, as noted herein:
(1) Within first 12 months of routine, single inspection: $25 inspection fee for initial inspection and one follow-up to verify compliance; $125 inspection fee for additional inspections;
(2) Within 12 - 24 months of routine, single inspection: $50 inspection fee for initial inspection and one follow-up to verify compliance; $125 inspection fee for additional inspections;
(3) Within 24 - 36 months of routine, single inspection: $75 inspection fee for initial inspection and one follow-up to verify compliance; $125 inspection fee for additional inspections;
(4) Within 36 - 48 months of routine, single inspection: $100 inspection fee for initial inspection and one follow-up to verify compliance; $125 inspection fee for additional inspections;
(5) After 48 months of routine, single inspection: $125 inspection fee.
(G) Inspection certificate. The Code Enforcement Official or his/ her designee shall issue to the owner of every registered and inspected rental unit an inspection certificate as proof that the unit passed inspection. The inspection certificate shall be valid until the next inspection.
(H) Violation notice. If an inspection officer finds that a rental unit or any part thereof fails to comply with any standard set forth in this chapter, any other ordinance of the city, or any statute of the State of Indiana, he or she shall give notice of the alleged violation to the owner of the rental unit ("violation notice"). The violation notice shall be in writing and shall reasonably describe the violation found. The violation notice shall further specify the date by which the violation must be corrected.
(I) Service of violation notice. The violation notice shall be served upon the owner or the owner's representative, and the occupant of the rental unit. The violation notice may be served by any of the following methods:
(1) Sending a copy of the violation notice by registered or certified mail to the address of the owner and/or occupant as reflected on the registration form;
(2) Delivering a copy of the violation notice personally to the person to be notified; or
(3) Leaving a copy of the violation notice at the address of the owner and/or occupant as reflected on the registration form;
(4) In the event that service cannot be obtained by foregoing methods, the alternate means of service described in IC 36-7-9-25 may be used.
(J) Curing violations. A rental unit that the inspection officer finds to be unsafe or uninhabitable shall be repaired so that it meets acceptable standards within 15 days of the violation notice. Any other violations shall be repaired within 30 days of the violation notice. Failure to cure a violation shall result in a violation of this chapter. The City Code Enforcement Official or his/her designee may extend the period for cure for good cause.
(K) Re-inspection. Upon termination of the applicable notice period as provided in division (J) above, the city may re-inspect the property and charge an inspection fee for any and all such re-inspections, after the first, initial re-inspection, which may be pro-rated (as set forth in division (F) above) based on the level of the necessary inspection involved. For inspections requiring significant time and/or staff resources, a full $125 inspection fee will be assessed.
(L) Complaints. It shall be unlawful for any person to willfully file a complaint alleging a violation of this chapter with knowledge that the complaint is false in any material respect. A violation of this division constitutes the false reporting of a crime in violation of this chapter, as well as other applicable city and state statutes or codes, and is subject to litigation measures, including prosecution. In addition to the criminal remedies provided herein, the city is hereby authorized to pursue legal actions against any person who knowingly makes a false complaint, who upon conviction shall be liable for the city's actual costs of inspection resulting from such complaint.
(Ord. 2017-001, passed 5-1-17)