The Building Commissioner is hereby directed to conduct an interior and exterior inspection of all single family residential rental dwellings, as defined in Section 1391.01, in single-family dwelling structures at least once every year according to a schedule established by him/her. The Building Commissioner is further directed to conduct an interior and exterior inspection of a single family residential rental dwelling upon any change in occupancy of the rental unit. Pursuant to such schedule, the Building Commissioner shall notify the owner of any single family residential dwelling, as defined in Section 1391.01, to be inspected, or his agent, that arrangements must be made with the Building Department for an inspection appointment within thirty (30) days of such notice. If the owner or agent, or an occupant, refuses to consent to an inspection of the subject property, or if consent is otherwise unobtainable, the Building Commissioner or his designated representative shall not make such inspection without first obtaining an administrative search warrant in accordance with the provisions set forth below. If a scheduled inspection is cancelled by the owner, agent or occupant upon less than twenty-four (24) hours notice, a fee of One Hundred Dollars ($100.00) shall be charged, which fee must be paid before any re-inspection will be scheduled.
(a) If the owner or agent, or an occupant thereof refuses or does not consent to the proposed inspection, the Building Commissioner may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within ten (10) calendar days after the refusal or non-consent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this chapter and Chapter 1393. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
(1) Eyewitness account of violation;
(2) Citizen complaints;
(3) Tenant complaints;
(4) Plain view violations;
(5) Violations apparent from City records;
(6) Property deterioration;
(7) Age of property;
(8) Nature of alleged violation;
(9) Condition of similar properties in the area;
(10) Documented violations on similar properties in the area;
(11) Passage of time since last inspection; and
(12) Previous violations on the property.
(b) If a warrant is issued, no owner or agent, or an occupant thereof shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the Building Commissioner or his/her duly authorized designee for the purpose of conducting a rental inspection and examination pursuant to this chapter and Chapter 1393 and consistent with the terms of the warrant. If the court declines to issue a warrant, or if no warrant is sought, the rental inspection shall not take place and no Certificate of Rental Occupancy shall be issued.
No criminal penalty, or any penalty or fine under this chapter or Chapter 1393 shall attach, nor shall any Certificate of Rental Occupancy be denied, solely by reason of the owner’s, agent’s or occupant’s refusal to consent to a full inspection.
(c) A Certificate of Rental Occupancy signed by the Building Commissioner shall be evidence that the premises complies with the requirements of this chapter and Chapter 1393 and all other applicable ordinances. If the inspection disclosed aspects of the property not in compliance, the Certificate of Rental Occupancy shall not be issued until the premises is brought into compliance with this chapter and Chapter 1393 and all other applicable ordinances.
If such structure as described above is determined to be occupied by a tenant, the Building Commissioner shall provide notice to such tenant of the rejection of the application for the issuance or renewal of a Certificate of Rental Occupancy. Notice shall be by mail, hand delivery, or posting on the structure. Notwithstanding the requirement of notice provided herein, failure of the Building Commissioner to notify a tenant shall not preclude the enforcement of any provision of this chapter or Chapter 1393.
(Ord. 2020-72. Passed 5-18-20.)