(A) Generally. Upon a property being placed on the nuisance property registry, it shall be subject to a health and safety or nuisance inspection limited to but covering all the relevant nuisance activities. A property shall be placed on the nuisance property registry for 12 months until its end of the registry period performance evaluation is performed as provided in this chapter.
(B) Notice of inspection. The Building Department shall serve written notice of the date and time of any inspection to be conducted under this chapter, by mailing such notice by first-class mail at least 14 calendar days prior to the date of inspection to the owner at the address of the property and to the taxpayer of record at the address shown on the county tax rolls. If the property has been rented, the Building Department shall also mail the notice to the occupants of each rental dwelling unit, the owner and the owner representative (if applicable). The Building Department shall also post official notice of the inspection in a conspicuous area upon the property. In the case of multiple owners of the same property, notice to any one of the owners shall comply with the notice requirement under this section.
(C) Entry.
(1) The owner shall provide the Inspector from the Building Department with access to the property.
(2) If the property is rented, the owner is responsible for obtaining the consent of the tenant of any rental dwelling unit to permit entry. If the tenant does not consent to the entry for inspection, the Building Department is authorized to seek an inspection warrant from a court of competent jurisdiction. If a tenant or occupant of a rental dwelling unit refuses to allow the inspection, the owner is not in violation of this section.
(3) If the Inspector is prevented from inspecting the property and has reasonable cause to believe that the property is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the Inspector shall have the right to immediately enter and inspect the property and may use any reasonable means required to effect the entry and make an inspection.
(D) Results of inspection.
(1) If the Inspector finds no code violations, the Inspector shall issue a notice of compliance that shall state in plain language that the property is in compliance with all applicable laws in the same manner as the notice of inspection provided for in this section.
(2) If, upon inspection, the Inspector discovers one or more code violations and any other applicable law, the Inspector shall cause to be issued a notice and order to the owner to correct the violations. The order shall state in plain language the violations of law found and the sections of law with which the property is not in compliance.
(a) The order shall also state that failure to correct the violations may result in additional inspection fees and other enforcement actions. The Inspector shall mail the notice in the same manner as the notice of inspection provided for in division (B) above and order to the occupants of each dwelling unit, the owner and the owner representative to the addresses provided on the registration application.
(3) If the Inspector determines that the conditions pose a present, imminent, extreme and immediate hazard to health or safety, he or she shall order abatement of the conditions within 48 hours. Within 24 hours after the time to abate, the Building Department shall conduct a reinspection of the property to determine compliance with the order. If the condition has not been abated, the Building Department is authorized to make the necessary repairs to ensure immediate repair of dangerous, life-threatening conditions.
(4) Except as provided in division (D)(3) above, the Building Department shall specify a reasonable time period for correction of the violations, depending on the severity of the condition, between 48 hours and 30 days from receipt of the order to correct the violations and schedule a reinspection of the property. A fee for the additional inspection required under this division (D)(4) shall be imposed. The city may also commence any other enforcement actions.
(5) Except for conditions specified in division (D)(3) above, if the violation has not been corrected by the compliance date, but the owner has made significant progress in correcting the violation since the prior inspection, the Building Department may grant a single extension of time not to exceed 30 days. In determining whether to grant the extension of time, the Building Department shall consider the frequency of prior inspections, the current condition of the property, prior code violations and whether the owner has other property with code violations.
(E) Inspection. After being added to the nuisance property registry and having an initial inspection, the property shall also be required to have a subsequent inspection six months after being placed on the registry.
(Ord. 2021-29, passed 8-24-2021)