(a) The Property Maintenance Officer is hereby directed to conduct an inspection of all rental housing units, as defined in Section 1491.04, in single-family and two-family dwelling structures, except the interior of an owner-occupied dwelling unit, at least once every 5 years, and at each change of tenant, according to a schedule established by him. The Property Maintenance Officer may require an inspection and a certificate of housing inspection as a condition to the issuance of a certificate of occupancy pursuant to Section 1491.20. However, no inspection will be required if a certificate of housing inspection has been issued pursuant to Section 1491.20 for the same structure within 5 years preceding the date the structure would have been inspected under the schedule established by the Property Maintenance Officer. Pursuant to such schedule, the Property Maintenance Officer shall notify the owner of any rental unit, as defined in Section 1491.04, in single-family and two-family dwelling structures to be inspected, or his or her agent, that arrangements must be made with the Housing Inspection Department for an agent, upon consent, to cause the entire structure to be accessible for inspection at the time arranged, which shall be during regular business hours. If the owner, operator, agent, or occupant refuses to consent to an inspection of the subject property, or if consent is otherwise unobtainable, the Property Maintenance Officer or his or her designated representative shall not make such inspection without first obtaining a search warrant. The above required 5-year inspection of single-family homes may be waived by the Property Maintenance Officer upon the submission of the affidavit of the owner that:
(1) The rental is temporary, i.e., not for more than one year;
(2) The owner has moved out of the Cuyahoga County area and intends to return to reside on the property within the designated time; and
(3) The name, address and telephone number of a resident agent who lives in Cuyahoga County who may be served with a notice of violations and who will be responsible for property maintenance is provided. The waiver of the inspection requirement may be revoked by the Property Maintenance Officer should the owner fail to comply with the requirements or should it be apparent that the rental is no longer temporary.
The waiver of the inspection requirement may be revoked by the Property Maintenance Officer should the owner fail to comply with the requirements or should it be apparent that the rental is no longer temporary.
(b) The Property Maintenance Officer is hereby directed to conduct an inspection of the third floor of every two-family dwelling structure, which third floor is a nonconforming use under the Zoning Code or Housing Code, at least once every 5 years according to a schedule established by him, where such third floor has been occupied by a roomer at any time during the 5-year period prior to the date of inspection. Such inspection will not be required if a certificate of housing inspection has been issued pursuant to Section 1491.20 for the same structure within 5 years previous to the date the structure would have been inspected under the schedule established by the Property Maintenance Officer, or if the owner or agent indicates in writing to the Property Maintenance Officer that the third floor has ceased to be occupied by a roomer and that such use has been permanently abandoned. The method of inspection and notice shall be provided in division (a) of this section.
(Ord. 122-01. Passed 12-19-01; Ord. 92-2003. Passed 10-7-03.)