(A) All dwellings subject to this chapter may be inspected at least once every five (5) years. Written notice of the date of the inspection shall be given to the owner and/or dwelling occupant at least five (5) days prior to the date of the inspection. Said notice shall advise the owner and/or occupant of the inspection, his/her right to refuse inspection of the dwelling unit, and the village's right to seek issuance of an administrative search warrant in the event of any such refusal. No inspection of an occupied dwelling shall occur without the consent of the owner and/or occupant unless an administrative search warrant is obtained. It shall be the responsibility of the owner and/or occupant to be present at the dwelling unit on the date and time of inspection to provide access for inspection.
(B) Nothing in this section shall preclude the inspection of any premises subject to this chapter more frequently than set forth in subsection (A) of this section; provided, however, that any inspection more frequent than set forth in subsection (A) of this section, shall be based upon a citizen complaint or other indicia that are more probable than not that a housing violation exists.
(C) A property owner desiring to notify the village that access is denied, prior to a request for an inspection, may do so by advising the village in writing that they wish to deny access to their property and require the village to obtain an administrative search warrant. Said notice should be in writing and should contain the following information: 1) owner name and address (agent if applicable); and 2) property address and tax identification number. An owner's denial of access shall not preclude a tenant from granting access. The village will make every reasonable effort to recognize any other constitutionally recognized method of refusing access to a building, but will recognize denials for access when the above information is provided for each property.
(D) The village is authorized to and may elect to obtain an administrative warrant in the event that the property owner and/or occupant denies access to or refuses inspection of the dwelling. A denial of access includes, but it is not limited to, a written denial of access pursuant to Section 7-8-2(C), denial of entry at the scheduled date and time of inspection or re-inspection, absence from the dwelling on the scheduled date and time of the inspection or re-inspection, or any action or nonaction taken by the owner and/or occupant that demonstrates an intent to refuse an inspection or re-inspection. If the village elects to obtain an administrative warrant pursuant to this Section 7-8-2(D), a five hundred-dollar ($500.00) fee will be assessed to the owner and/or occupant who refuses inspection to cover the cost necessary to prepare, obtain, and execute the administrative warrant. (Ord. 634A, 12-11-2013; Ord. 943, 7-14-2021)