(A) It shall be unlawful for the owner or landlord of any multi-family rental structure to contract for the sale of said structure or to lease a dwelling unit contained therein without having first tendered to the buyer or lessee, a certificate of housing inspection of the subject property made within one month before the date of the conveyance or lease of the subject property.
(B) All applications for a certificate of housing inspection shall be made on such forms as prescribed by the Building Commissioner. The Building Commissioner shall issue a certificate within 14 days after inspection of the subject property which shall be consented to by the owner or landlord, in writing, and after the payment of a $5 inspection fee for each dwelling unit inspected. The Building Department shall inspect the subject property for compliance with the Building, Housing, Property Maintenance and Zoning Codes, and all other applicable ordinances of the city. All deficiencies shall be noted on said certificate. It shall be unlawful for a person who is the owner or landlord of a multi-family rental structure, to permit the occupancy of any dwelling unit in said structure until all building deficiencies have been remedied and the structure brought into compliance with the city’s code.
(C) No evidence obtained in a consented inspection of real property pursuant to this chapter shall be used in the prosecution of any criminal or ordinance violation other than for violations of division (B) above, against the owner or landlord of the property when inspection was made.
(D) (1) Where no consent has been given to enter or inspect any property, no entry or inspection shall be made without the procurement of a warrant from the Circuit Court of the county. 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 issue:
(a) Eyewitness account of violation;
(b) Citizen complaints;
(c) Tenant complaints;
(d) Plain-view-violations;
(e) Violations apparent from city records;
(f) Property deterioration;
(g) Age of property;
(h) Nature of alleged violation;
(i) Similar properties in the area;
(j) Documented violations of similar properties in the area;
(k) Passage of time since last inspection; and
(l) Previous violation on the property.
(2) Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is reason to believe that a condition of non-conformity exists with respect to a particular property in violation of an ordinance of the city.
(Prior Code, § 161.05) (Ord. 2653, passed 3-27-1984; Ord. 2693, passed 6-11-1985) Penalty, see § 10.99