(a) Code Enforcement Office: Composition. The Code Enforcement Office shall consist of the Safety Service Director such other employees as may be necessary to enforce this code and as may be provided by Council.
(b) Rules and Regulations. The Safety Service Director is hereby authorized to make and adopt rules and regulations for the internal administration of his or her office, provided that such rules and regulations shall not be in conflict with provisions or intent of this ordinance or rules and regulations and provisions of law enforced by the Belpre City-County Health Department of the State of Ohio.
(1) All rules and regulations adopted by the Safety Service Director shall have the same force and effect as the provisions of this code.
(2) The Director shall develop and adopt a plan for the periodic inspection of rental dwellings and rooming houses subject to the provisions governing the issuance of a permit for the operation of such rental dwelling or rooming house. Such plan for periodic inspection shall include a provision which will give tenants or occupants a minimum of twenty-four (24) hours notice prior to an inspection, however, the twenty-four (24) hour notice may be waived by the tenant or occupant.
(3) All rules and regulations and plans for inspections shall be filed with the Service-Safety Director of the City of Belpre and shall be made public upon request.
(c) Responsibilities.
(1) The Safety-Service Director or code inspectors shall make inspections of rental dwellings and rooming houses pursuant to an inspection plan as authorized by this code, or in response to a complaint that an alleged violation of the provisions of this code or of rules and regulations adopted pursuant thereto has been committed, or when the Safety Service Director has a valid reason to believe that a violation of the provisions of the code, or any rules and regulations adopted pursuant thereto, exists. If, upon inspection, a structure, building or dwelling/rooming unit is found in violation of this code, the Safety-Service Director or his or her authorized agent shall issue to the owner of said structure, building or dwelling/rooming unit or his authorized agent a list of possible violations to be known as a “Notice of Violation.” The owner or his or her authorized agent and/or the occupant(s), as appropriate, shall have thirty (30) days from the issuance of a notice of violation to correct such possible violations as have been noted or to take the matter to the Housing Appeals Board. If, after thirty (30) days from the issuance of a notice of violation, such possible violations of this code have not been begun in good faith, nearly corrected or corrected, and not taken to the Housing Appeals Board, the Safety-Service Director or his or her authorized agent shall issue an “Order to Comply”. This order to comply shall list the violations initially found and not begun in good faith, nearly corrected or corrected, as evidenced by sufficient documentation, in the notice of violation. The owner or his or her authorized agent shall have fifteen (15) days from the issuance of an order to comply to correct such violations. If, after fifteen (15) from the issuance of an order to comply, such violations are not corrected, the Safety Service Director or his or her authorized agent shall institute appropriate proceedings under Chapter 29.09 herein.
A. The Safety-Service Director shall be responsible for keeping a written record of the findings of all inspections. These records shall be available to the public at cost upon request.
B. Information not related to the enforcement of the Housing Code which may be discovered in the course of an inspection shall be considered privileged. Such information shall not be made public without the written consent of the owner and of the occupant of the dwelling unit inspected. If any information pertaining to criminal activity is discovered pursuant to a housing inspection, such information is not privileged under this code.
C. All records pertaining to the identification of a complainant shall be kept separate and confidential from the public record of inspection and notice of violation in regard to and structure. All other information regarding application, biennial inspections and notices of violations pertaining to any premises shall be public record and available upon request.
D. All information pertaining to the renewal or new issuance of rental dwelling permits and rooming house permits and all notices of change of ownership of rental dwellings and rooming houses shall be forwarded to the City Auditor for tax record purposes.
E. The Safety-Service Director shall not accept or act upon anonymous complaints.
(2) If the Safety-Service Director, upon inspections, finds the complaint to be malicious or made in bad faith, he or she may assess the complainant an inspection fee of twenty-five dollars ($25.00) and the name of the complainant may not be considered privileged.
(d) Non-Periodic Inspection. Upon presentation of proper credentials herein, the Safety Service Director or his or her authorized agent may enter, during daylight hours and with the consent of the occupant, any building or dwelling/roofing unit in the City of Belpre to enforce the Housing Code dwelling may be inspected upon written and signed complaints by at least three (3) persons in separate households located in the neighborhood where the subject dwelling is situated or if the Safety Service Director has probable cause to suspect that violations exist. The code officer shall inform the occupant(s) of their right to refuse entry. If any person in charge of a dwelling refuses to permit free access to the dwelling for the purpose of inspection as provided in this ordinance, the Safety Service Director or his or her authorized agent may, upon showing that a probable cause exists for inspection, obtain from a court of competent jurisdiction an order directing compliance with the inspection requiremems of the Housing Code.
(e) Owner’s Right of Entry. Every occupant of a dwelling, multi-family dwelling, dwelling unit, rooming house or rooming unit shall give the owner operator thereof, or his or her agent or employee, access to any part of such dwelling or its premises at reasonable hours for the purpose of making such inspections, maintenance, repair or alterations as are necessary to comply with the provisions of this code subject to notification as required by state law, except in emergency situations.
(f) Emergency Orders. Upon application of the Safety-Service Director, supported by affidavit, the court of competent jurisdiction is authorized to issue an appropriate ex parte order dealing with the emergency situation.
(g) Intragovernmental Cooperation. The Safety-Service Director may request the assistance and cooperation of any or all city agencies necessary to enforce this code.
(h) Restriction on Employees. No officer or employee of the city who is charged with the duty of conducting housing inspections shall be financially interested in the furnishing of labor, material or appliances for the construction or alteration, or in the making of plans or specifications for or the renting of dwelling units within the City of Belpre, unless he or she is the owner-occupant of the same. (Ord. 49(98-99). Passed 7-12-99.)