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(A) The Code Compliance Officer shall initially register the property to the applicant upon proper application, which shall allow the applicant to temporarily continue to operate, let or rent the unit(s) for which the registration has been granted.
(B) The application for and processing of the registration shall constitute consent for inspection of the subject rental premises by the Code Compliance Officer and/or his or her designee.
(C) The Code Compliance Officer shall thereafter conduct inspections of the structure to determine compliance with the city’s Property Maintenance Code as amended.
(D) The results of the inspection shall result in one or more of the following actions:
(1) If the residential rental premises comply with all of the provisions of the city’s Property Maintenance Code, the Code Compliance Officer shall schedule future inspections based on stipulated schedule or due to reports of complaints of non-compliant conditions;
(2) If the rental premises do not comply with the provisions of the city’s Property Maintenance Code, the Code Compliance Officer shall proceed to enforce all of the provisions of said city’s Property Maintenance Code; and/or
(3) In addition to the enforcement of all other remedies as set forth in the city’s Property Maintenance Code, noncompliance with orders and notices of the Code Compliance Officer shall result in the revocation of the permission to let or rent the property, and in such event, the subject premises may not thereafter be rented to other persons, except that current tenants may continue to occupy such premises until the earlier of:
(a) The expiration of current lease term;
(b) The termination of tenancy; or
(c) The expiration of 60 days.
(E) Notwithstanding any provision herein to the contrary, if such premises has been determined by the Code Compliance Officer to be unfit for human occupancy, then in such case, the Code Compliance Officer may require the current tenants to immediately vacate the premises. No further occupancy will be authorized until such time as the Code Compliance Officer determines that the premises are fit for human occupancy.
(Ord. 1568, passed 12-19-2016)
(A) Inspections may be made to obtain and maintain compliance with the standards of this chapter and the city’s Property Maintenance Code based on one of the following:
(1) A complaint received by the city, the Code Compliance Officer or any law enforcement agency, indicating that there is a violation of the standards or the provisions of any ordinance or law adopted by the city, county or state;
(2) An observation by any city code enforcement official, law enforcement officer or member of the city’s Fire Department of a violation of the standards or the provisions of any ordinance or law adopted by the city, county or state;
(3) A report or observation of a dwelling that is unoccupied and unsecured or a dwelling that is damaged by fire;
(4) The failure to register or comply in any manner with the provisions as required by this chapter or the city’s Property Maintenance Code;
(5) The need to determine compliance with a notice or an order issued by the Code Compliance Officer;
(6) An emergency observed or reasonable believed to exist;
(7) A request for an inspection by the property owner;
(8) Requirements of law where a dwelling is to be demolished by the city or ownership is to be transferred to the city; or
(9) There is a concern that the building/residence poses a life, health or safety risk to the occupants or general public.
(B) Access to property for inspection shall be made in accordance with local, state and federal laws.
(C) If, upon inspection, the unit is found to be in violation of the city’s Property Maintenance Code, a written notice of the violation(s) shall be issued to the owner, operator or responsible manager of the unit and the Code Compliance Officer shall give sufficient time to make repairs and bring the unit up to the minimum standards of the Code. Once the time has passed for conducting the necessary repairs, the Code Compliance Officer or his or her agent shall conduct a follow-up inspection of the premises to determine if the repairs have been completed.
(Ord. 1568, passed 12-19-2016)
The registration fee to be charged for a rental registration application will be established by the city fee resolution, except for the exceptions listed in § 110.10, which shall be charged an application fee in lieu of the full registration fee; such fee to be similarly established by the city fee resolution.
(Ord. 1568, passed 12-19-2016)
(A) Inspections and full fees shall not apply to:
(1) All property owned by the Housing Authority of the city which is inspected by the city Housing Authority to assess conformance with federal standards;
(2) Hospitals, nursing homes, personal care homes, group homes or other rental units used for habitation, where such facilities are subject to county, state or federal licensing and inspection (inspections of these facilities must be at a level which meets or exceeds the local code). Documentation of said inspection must be filed with City Hall;
(3) Single-family dwellings where a family member of the owner remains in occupancy and no net income is earned by the owners; and
(4) Land contracts where the owner is the mortgage holder and the tenant is the buyer, a copy of the contract must be on file at City Hall.
(B) In order to obtain exemption, the owner shall provide a copy of the most recent inspection report and the required documentation at time of the request for exemption. Exemption must be applied for annually with the same deadline of January 31 each year beginning January 31, 2017.
(Ord. 1568, passed 12-19-2016)
The terms and provisions of this chapter are not intended to bar, preclude or affect the right of the owner to pursue judicial relief against a tenant for damage caused to a property or for which a tenant is legally responsible, or as provided by law.
(Ord. 1568, passed 12-19-2016)
The Code Compliance Officer shall establish administrative guidelines for the implementation of this chapter. Such administrative guidelines need not be advertised, but copies thereof shall be kept on file in the City Clerk’s office for inspection by the public. The administrative guidelines and the amendments or modifications thereto shall be approved by City Council.
(Ord. 1568, passed 12-19-2016)
Any person, firm or corporation who shall violate any provision of this chapter by:
(A) Failure to apply for a rental registration;
(B) Providing false information in a registration application; or
(C) Any act in violation of the provisions of this chapter, shall, upon conviction thereof in a summary proceeding before a District Judge, be sentenced to pay a fine of up to $500, together with attorney fees and all costs of prosecution and any fee or fees, and all costs of prosecution and any fee or fees, for each offense, or imprisonment not to exceed 30 days, or both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed to constitute a separate offense.
(Ord. 1568, passed 12-19-2016)