(a) When Inspections are to be Made; Residential and Nonresidential. All buildings and premises subject to this Code are subject to inspections at all reasonable times from time to time by the enforcing officer of the City. At the time of such inspections, all exterior parts of the premises must be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made during regular open hours of the business occupying the premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay. No person shall refuse to grant the Building Commissioner or his agent access to the property or otherwise impede or prevent such Officer or his agent from conducting an inspection of the premises.
(b) Conduct of Inspectors. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
(c) Where Access by Inspectors is Refused. In addition to the penalty provided in Section 1333.99 for refusing to grant access for inspection or for impeding or preventing inspection, the Building Commissioner may, upon affidavit, apply to the Bedford Municipal Court for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code exists on the premises, and, if the Court is satisfied as to the matter set forth in the affidavit, the Court may authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. A warrant for access may be issued by the Court upon affidavit of the Building Commissioner establishing grounds therefor.
(d) Procedure Where Violation Discovered.
(1) Notice of violation. Where a violation of this Code or the regulations promulgated pursuant to authority granted in this Code is found to exist, a written notice from the Building Commissioner shall be served on the person responsible for the correction thereof.
(2) Service of notice. Notice may be served personally or by prepaid telegram or by mail with postage prepaid, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the “last known address” shall be the address of the owner as shown in the office of the County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The Building Commissioner shall file and provide notice to any owner or operator of any violation at any address other than the last known address provided hereunder if such other address is filed with the Building Commissioner personally or by certified mail addressed to the Building Commissioner. Date of service of the notice shall be determined where service is by mail as of the second (2nd) day following the day of mailing for notice to addresses within the City, and as of the seventh (7th) day after the day of mailing for notices to addresses outside the City. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day. Notwithstanding any other provision of this Code, where premises are subject to registration pursuant to Section 1333.12, and have been so registered, notice served upon the agent designated therein shall constitute service upon the owner, operator and lessor of the premises, jointly and severally. Where the owner, operator or lessor has failed to register the premises as required under Section 1333.12, or if the present premises have been registered, and if the agent designated therein cannot be found at the address given in the registration, the owner, operator or lessor affected thereby may be served by posting notice upon the premises in a conspicuous place as near as possible to the front entrance thereof.
(3) Notice to become an order unless hearing before the Board of Building Code Appeals requested. Within ten (10) days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon, before the Board of Building Code Appeals, and serves a written request within the ten (10) day period in person or by mail on the Chairman of the Board of Building Code Appeals. Such request for a hearing before the Board shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Chairman of the Board, upon receipt of the request, shall, within thirty (30 ) days therefrom and upon five (5) days notice to the party aggrieved, set the matter down for hearing.
(4) Determination at hearing. At any hearing provided hereunder, the Chairman of the Board of Building Code Appeals shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within ten (10) days from the completion of the hearing. The Board shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice of extending the time of the same.
(5) Extension of time. The Building Commissioner may extend the time for correction or abatement of the violations for an additional period of time not to exceed thirty (30) days except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed ninety (90) days beyond the expiration date of the original notice or the final decision of the Board of Building Code Appeals.
(6) Noncompliance with notice. Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any notice of the Building Commissioner that becomes a final order as provided in paragraph (d)(3) hereof, the Building Commissioner may advise the Director of Law or the Prosecutor of the circumstances and request the Director of Law or the Prosecutor to institute an appropriate action at law to compel compliance.
(7) Referral of violations. Any violation of any ordinance other than this Real Property Maintenance Code discovered by the Building Commissioner or his representative shall be reported to the official or agency responsible for the enforcement of such ordinance.
(8) Where notice and hearing not required prior to court proceedings. Notwithstanding the requirements of paragraphs (d)(1) through (d)(4) hereof, violations of the following sections may be prosecuted without notice by the filing of a complaint by the Building Commissioner in the Bedford Municipal Court: 1333.08(c) and 1333.12.
(9) Effect of notice on owners. For the purposes of enforcement of this Code, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until such violations are abated in conformity with this Code and the other applicable ordinances of the City.
(Ord. 4421-75. Passed 2-16-76)