840.02   ACCESS TO RENTAL UNIT.
   (a)   Access by Owner or Operator.  Every occupant of a rental unit shall give, upon proper notice, the owner or operator thereof, or his or her agent or employee, access to any part of such rental unit at all reasonable times for the purpose of effecting such maintenance, making such repairs or making such alterations as are necessary to effect compliance with any lawful notice or order issued pursuant to the provisions of the applicable City codes.
   (b)   Access by Code Official.  The Code Official or his or her duly authorized designee is hereby authorized to conduct inspections of any rental unit within the City in order to perform the duty of safeguarding the health, safety and welfare of the occupants and the public under the provisions of this chapter. Whenever necessary to make an inspection to enforce any of the provisions of this chapter or the provisions of the applicable City codes or whenever the Code Official or his or her duly authorized designee has probable cause to believe that there exists in any rental unit any condition which makes such rental unit in violation of any of the provisions of this chapter or the provisions of the applicable City codes or in response to a complaint that an alleged violation of any of the provisions of this chapter or the provisions of the applicable City codes may exist, the Code Official or his or her duly authorized designee may enter such rental unit at all reasonable times to inspect the same or to perform any duty imposed upon the Code Official by this chapter or the provisions of the applicable City codes, provided that if such rental unit is occupied, he or she shall first make a reasonable effort to locate the owner/operator or other person having charge or control of the rental unit and request entry, giving 24-hour notice. The owner/operator shall contact the occupant (if any) of each unit and schedule a date and time for the inspection.  The owner/operator shall give notice to the Code Official of the date and time of each inspection.  In addition, the owner/operator shall give notice of the inspection date and time, pursuant to Ohio R.C. 5321.04(A) and 5321.05(B), to the occupants who are subject to the inspection. Failure to provide said notice to an occupant shall subject the owner/operator to the penalties provided in Section 840.99. The Code Official or his or her duly authorized designee shall at such time of inspection:
      (1)   Identify himself or herself and his or her position;
      (2)   Explain why entry is sought;
      (3)   Explain that the owner/operator, occupant or other person(s) having charge or control of the rental unit may refuse entry without a search warrant;
      (4)   Provide documentation of written notice to the owner/operator, giving seven-day notice of deficiency. Such notice shall not be construed to imply that the repairs need be completed at that time.
   (c)   Entry for Inspection Refused.  In the event that entry for inspection has been refused after a search warrant obtained pursuant to Section 840.02(d) has been presented to the owner/operator, occupant or other person having charge of the rental unit, the person refusing such entry may be subject to penalties as provided for in Section 840.99.
   (d)   Search Warrant.  If consent to inspect a rental unit is withheld by any person or persons having the lawful right to exclude, the Code Official or his or her duly authorized designee may apply to a court of competent jurisdiction for a search warrant of the rental unit. No owner/operator or occupant or any person having charge, care or control of a rental unit shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the Official or his or her duly authorized designee for the purpose of inspection and examination pursuant to this chapter.
(Ord. 19-06.  Passed 7-17-06; Ord. 7-07.  Passed 6-18-07; Ord. 8-07.  Passed 7-16-07; Ord. 11-08.  Passed 8-18-08; Ord. 20-15.  Passed 11-16-15.)