(a) Permit application inspection. Upon the filing of a completed rental permit application form, whether initial or renewal, the proposed rental dwelling shall be inspected by a code official for compliance with the requirements of the Property Maintenance Code by consent or upon the issuance of an administrative search warrant.
(b) An all trades inspection. An all trades inspection can be scheduled and made when, during the course of an inspection provided for under this chapter, a code official concludes that there are violations, which considering the nature and/or severity of the violation, either poses a hazard to the health, safety or welfare of the occupants or that a trade inspection is needed either to properly determine the extent of the violations or the corrective action required to comply with the Property Maintenance Code.
(c) Additional inspections. Additional inspections may be scheduled and conducted on one or more of the following bases:
(1) Due to recurrent violations, such that any rental dwelling or the owner of any rental dwelling has been found to have a combined three or more substantiated recurrent or uncorrected violations for a particular rental dwelling and/or rental unit(s) within a rental dwelling, within a twelve-month period from the date of the most recent violation.
(2) Whenever reasonable cause exists to believe that there is a violation of the Property Maintenance Code on any premises, or other condition(s) which make the structure or premises unsafe, dangerous, hazardous or a nuisance.
(3) For the purpose of auditing compliance with conditions on a permit.
(4) For the purpose of reinspection to ensure the correction of any violations in existence at a previous inspection.
(5) For all other purposes set forth in Section 1462.01.
(d) Inspection of certain multiple dwellings. For multiple rental dwellings having more than twenty rental units, a minimum of twenty percent of the units contained in those properties shall be inspected prior to renewal of a rental permit with a minimum of four units inspected per structure. The units to be inspected shall be randomly selected by the code official. The number of units inspected may be increased at the discretion of the code official should significant code violations be found or should the inspector have reasonable cause to believe other violations exist in the uninspected units.
(e) Notification and presence of owner at inspection. Except as provided in subsection (f), the owner, or the owner's legal agent if any, shall be notified of any initial or renewal inspections for the purposes of permitting. The failure of the owner or owner's legal agent to appear for the inspection after notification does not preclude the inspection if access to the rental dwelling or rental unit can otherwise be lawfully obtained.
(f) Entry for inspection. Except as otherwise provided by law, authorized inspections inside a dwelling will be made during reasonable hours with the consent of an owner, legal agent, tenant, or occupant. Entry without the consent of an owner, legal agent, tenant, or occupant, will be made only after obtaining an administrative or criminal search warrant for the premises, a court order allowing entry of the premises for inspection, or otherwise as provided by law.
(g) Failure to allow inspection during permit application process. The refusal of an owner or the owner’s legal agent to allow an inspection of the rental unit shall not provide a basis, in whole or in part, to deny the issuance of a rental permit under this chapter. The owner or the owner’s agent retain the right to decline to consent to inspections under this chapter. The City, however, may issue rental permits absent an inspection on a conditional basis, subject to inspection of the proposed rental dwelling pursuant to either an administrative subpoena, an administrative search warrant, or any other order by a court having jurisdiction. A conditional permit under this section will automatically become a regular rental permit, subject to all other provisions of this chapter, after an inspection showing that the dwelling satisfies the requirements of the Property Maintenance Code or within ninety-days after the conditional permit was issued unless uncorrected cited violations remain outstanding, whichever occurs first.
(h) Inspection reports . If there are any violations noted on an inspection, within ten business days after an inspection has been conducted, the owner or the owner's legal agent shall be given written notice of the results. The notice of the inspection results shall be given personally or by first class mail at the most recent address provided to the City Clerk.
(Ord. 03-2011. Passed 4-19-11; Ord. 12-17. Passed 12-5-17.)