1375.11 CERTIFICATE OF RENTAL LICENSE AND INSPECTION.

   (a)    No owner(s), agent or person in charge of any dwelling unit(s) or structure used, designed or intended to be used as a single or a multi-family dwelling shall rent or lease such unit(s) or structure or any part thereof for residential occupancy unless the owner(s) thereof holds current Certificates of Rental License issued by the Building Official or his/her designee for such units or structure, which certificate has not expired, been revoked or otherwise becomes null and void.

   (b)   It shall be unlawful for the owner(s), agent or person in charge of any dwelling unit(s) or structure used, designed or intended to be used as a single or a multi-family dwelling to change a tenant without having obtained an inspection of it under this code. This inspection will enable the Building Official to work toward accomplishing the purposes of this code by listing any repairs or other work necessary to eliminate any unsafe or hazardous conditions, to comply with applicable requirements of the Building Code, Fire Code, Zoning Code and other ordinances, and also to correct any unlawful nuisance conditions in the form of violations of the Property Maintenance Code. Such an inspection and list shall be part of the process of issuing the required certificate of occupancy.

   (c)   Application for an inspection shall be made on such form and in such manner as may be prescribed from time to time by the Building Official. The City may charge a fee for this service as provided for under Section 1375.05.

   (d)   Within 30 days after application was made for an inspection, the Building Official or her/his designee shall have completed the inspection, compiled a list of any items to be brought into compliance with this code and applicable provisions of the Building Code, Fire Code, Zoning Code and other ordinances, and shall have issued a violation letter to the owner or lienholder of a premises. This period of time may be extended if a delay is caused by any matter beyond the reasonable control of that official.

   (e)   A certificate of inspection shall be valid for two years after the violations have been corrected to the satisfaction of the Building Official or his designee or until 60 days after the premises may be transferred to a new owner or tenant, whichever occurs sooner.

   (f)   If the owner, occupant, or agent thereof does not consent to the proposed inspection, the Building Official 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 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 section. The court may consider any of the following factors along with such other matters as it deems relevant in its decision as to whether a warrant shall issue:

      (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;

      (12)   Previous violations on the property.

   (g)   If a warrant is issued, no owner, occupant, or agent thereof shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the Building Official or his/her duly authorized designee for the purpose of inspection and examination pursuant to this section and consistent with the terms of the warrant. If the court declines to issue a warrant, or if no warrant is sought, the inspection shall still take place but the scope thereof shall be limited to such areas as are in plain view. A limited-scope inspection conducted pursuant to this paragraph shall be considered an "inspection" for purposes of Chapter 1375 and all other provisions of Title Thirteen -Building Code pertaining to the pre-sale inspection program set forth in this section. No criminal penalty shall attach, nor shall any certificate of occupancy be denied, solely by reason of the owner's, occupant's or agent's refusal to consent to a full inspection.

   (h)   A certificate of inspection signed by the Building Official shall be evidence that the premises complies with the requirements of this code and all other applicable ordinances provided, however, that if a limited-scope inspection is conducted pursuant to subsection (f) above the certificate of occupancy shall note that fact and shall not constitute evidence of code compliance as to any uninspected portions of the premises. If the inspection disclosed aspects of the property not in compliance, the certificate shall be merely a conditional certificate of inspection. The condition shall be that the defective aspects of the premises must be brought into compliance with this code within such reasonable length of time as may be set forth in the certificate.

   (i)   Such a conditional certificate shall be deemed to be a notice under Chapter 1375 that the premises and its owners are in violation of this code or other applicable ordinances and that the unsafe, hazardous or unlawful conditions must be corrected. The certificate shall constitute a notice, as referred to in Part Thirteen - Building Code, and its subparts, and shall include all matters required therein.

(Ord. 2018-066. Passed 7-17-18.)