(A) Regularly scheduled inspections. All residential rental units or residential rental unit communities subject to the provisions of this subchapter must be inspected. When completing the initial registration or the annual registration renewal in the year an inspection certificate will expire as set forth in § 150.232(B), the owner shall contact the enforcement authority to schedule an inspection by the town or submit an application for third-party inspection if all qualifications in division (B) below are met. Should an owner fail to schedule the inspection or provide a qualified third-party inspection report in the time period required, the enforcement authority reserves the right to contact the owner to schedule an inspection to be conducted by the enforcement authority.
(B) Third-party inspections. Residential rental units may qualify for third-party inspection in lieu of inspection by the enforcement authority if all of the following are satisfied:
(1) The residential rental unit is:
(a) Managed by; or
(b) Part of a rental unit community that is managed by;
a professional real estate manager.
(2) During the previous 12 months, the rental unit has been inspected or is part of a rental unit community that has been inspected by either of the following:
(a) By or for:
1. The United States Department of Housing and Urban Development, the Indiana Housing and Community Development Authority, or another federal or state agency; or
2. A financial institution or insurance company authorized to do business in Indiana; or
(b) By an independent inspector who:
1. Is a registered architect;
2. Is a professional engineer; or
3. Holds a valid unexpired nationally recognized code organization certification as a commercial building inspector.
(3) Independent inspectors may not be an employee of the owner or landlord.
(4) The third-party inspection report meeting the requirements set forth in § 150.231(A) shall be submitted to the enforcement authority by the due date set by the enforcement authority.
(5) If all requirements in this division (B) are satisfied, any inspection reports prepared by or for the United States Department of Housing and Urban Development shall be valid for purposes of maintaining the qualification third-party inspections until the earlier of:
(a) The date specified in the inspection report; or
(b) Thirty-six months after the date of the inspection report.
(6) After application for third-party inspection and receipt of the third-party inspection report, the enforcement authority shall make a determination as to whether all requirements for third-party inspections pursuant to this division (B) have been satisfied.
(a) If all requirements have been satisfied, no inspection fee shall be due, and the enforcement authority shall issue the inspection certificate pursuant to § 150.232.
(b) If one or more of the requirements have not been satisfied, the enforcement authority shall notify the owner and may schedule an inspection to be conducted by the enforcement authority pursuant to division (A) above of this section.
(C) Non-routine inspections. The enforcement authority may conduct a nonroutine inspection of any residential rental unit subject to the provisions of this subchapter, regardless of whether the residential rental unit qualifies for third-party inspections under division (B) above, if the enforcement authority:
(1) Has reason to believe; or
(2) Receives a complaint;
that the residential rental unit does not comply with applicable code requirements.
(D) Re-inspections. If an inspection reveals noncompliance with applicable code requirements as set forth in § 150.231(B), the enforcement authority may require one or more re-inspections to confirm the violations of applicable code requirements have been satisfactorily cured prior to issuance of an inspection certificate.
(E) IInspections conducted by the Enforcement Authority.
(1) For each inspection conducted by the enforcement authority, including regularly scheduled inspections after submittal of a third-party inspection report if all requirements for a third-party inspection have not been satisfied, the owner shall pay the applicable fee based on the type of inspection set forth within § 150.125 of the Clarksville Municipal Code.
(2) The owner shall notify tenants of the inspection date and time, that the inspection requires access to the interior of the residential rental unit, and that any pets are to be controlled or restrained by the tenant at all times during the inspection. The owner is responsible for ensuring access at the time of the inspection and may be present during the inspection. In the event the owner needs to reschedule the inspection, the owner shall contact the enforcement authority no less than 24 hours, excluding weekends and holidays, before the scheduled inspection or be assessed a rescheduling fee as set forth in § 150.125 of the Clarksville Municipal Code. A rescheduling fee may he reduced or waived at the discretion of the enforcement authority.
(3) In a non-emergency situation, prior to inspection of an unoccupied rental unit, a request for permission to enter shall be made to the owner or his or her agent. Prior to inspection of an occupied rental unit, a request for permission to enter shall be made to the tenant. If the owner or tenant, as applicable, refuses consent to enter or inspect any property, no entry or inspection shall be made without the procurement of a warrant from a court of competent jurisdiction. 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 town 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.
(l) Previous violations on the property.
(4) Cause for issuance of a warrant shall be deemed to exist where there is reason to believe that a condition of nonconformity exists with respect to a particular property in violation of relevant statutes, ordinances, rules or regulations.
(5) Observation of any violations of any section of the Clarksville Municipal Code made during the regular course of any inspection by the enforcement authority may lead to enforcement action separate from or in addition to any enforcement action under this subchapter.
(Ord. 2022-G-05, passed 4-19-22; Am. Ord. 2023-G-07, passed 7-18-23)