All facilities, areas and rental units governed by this chapter shall be inspected and shall comply with the standards and provisions of the ordinances and codes adopted by the city.
(A) Biennial inspections. All rental units shall be inspected by the city’s Ordinance Enforcement Officer at least once every other year. Prior to conducting initial inspections, the city may issue a temporary certificate of compliance as provided in § 155.07(B). The city shall thereafter alternate inspections of rental units every other year. The inspection shall not, however, eliminate an owner’s responsibility to register such rental units on an annual basis. Notwithstanding the above, rental units may be inspected at any time for any reason the city deems appropriate, including but not limited to: investigation of any valid complaint received by the city, structural or other damage to the rental unit, and medical or other public health emergencies.
(B) Inspection procedures.
(1) Once the city’s Ordinance Enforcement Officer has determined that a rental unit is in compliance with all laws, the inspection required for issuance of a certificate of compliance shall be satisfied.
(2) If, upon completion of an inspection, the premises are found to be in violation of the law, the city shall provide the registered local agent and/or owner with written notice of such violations and set a re-inspection date before which such violation shall be corrected. If such violations have not been corrected within that period, the city shall not issue the certificate of compliance and may take any action necessary to enforce compliance with applicable laws.
(3) If there is a complaint filed on a rental unit with the city, the owner and/or responsible local agent will be notified in writing. In the event that the complaint is an emergency, as determined by the city, it will require immediate compliance. If the complaint is not an emergency, the owner will have 14 calendar days to correct such violation, after which a re-inspection or written verification from owner and/or responsible local agent and complaining party that the violation has been corrected will be required.
(4) If an inspection is initiated by a complaint and no violation is found to exist, no inspection fee will be assessed against the owner of the inspected rental unit.
(5) Where a re-inspection must be made to ensure conformity with this chapter or before a certificate of compliance is issued for those rental units that have been issued violation notices, the city will charge a separate inspection fee for every inspection.
(6) If an inspection is scheduled and the owner or responsible local agent fails to appear, an inspection fee shall be assessed against the owner and/or the responsible local agent, and no inspection shall be completed until the inspection fee is paid in full.
(7) Administrative search warrant. The city’s Building Official assigned to inspect a particular rental unit shall give confirmation notice, by first class mail, to the local agent and the tenant within seven days of the scheduled inspection. The landlord, the tenant and the agent shall permit the inspection by the city’s Building Official. The City Building Official shall advise the landlord, tenant and/or agent, at the time of the inspection, that the landlord, tenant and/or agent shall have the right to refuse entry if the inspector does not have a search warrant. The City Inspector shall also advise the landlord, tenant and/or agent that, if the inspection is refused, an administrative search warrant will be sought. If the landlord, tenant and/or agent refuses to permit a scheduled inspection, the inspector may, through the City Attorney, seek an administrative search warrant to conduct the inspection.
(C) Transfer of ownership inspections.
(1) When there is a transfer of ownership of any rental unit, including an owner-occupied rental unit, and a current certificate of compliance exists for the unit, then the city shall waive the inspection. The new owner shall comply with the requirements of § 155.05(C) of this chapter by re-registering the rental unit within 60 calendar days following the transfer of the property.
(2) When there is a transfer of ownership of any rental unit, including an owner-occupied rental unit, and a current certificate of compliance does not exist for the unit, then an inspection shall be conducted within 30 calendar days following the notification of the transfer of ownership as required by § 155.05(C). If violations are found, a notice of violation shall be issued to the owner.
(3) If ownership of any rental unit is transferred contrary to division (C) (1) or (2) of this section, or if the new owner fails to re-register a rental unit as required by § 155.05(C), the certificate of compliance and rental unit registration shall be deemed to expire within 60 days of the transfer unless appropriate steps are taken to obtain a rental unit registration and certificate of compliance.
(Ord. 206, passed 7-9-2018; Ord. 207, passed 8-13-2018)