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All persons making complaints concerning the compliance with the provisions of this chapter of any dwelling, dwelling unit, rooming house or rooming unit shall do so in the following manner:
1. The complaints shall be signed and in writing upon a form to be provided by the City.
2. Such complaints shall state the address of the premises, the name of the owner, landlord, or operator, and shall state the nature of the alleged violation with specificity.
3. In the case of tenants making complaints concerning the dwelling or dwelling unit in which they reside, such tenant shall attach a dated copy of the notice in which they requested the owner or operator to correct the alleged violation, unless complaint pertains to an emergency situation as determined by the administration.
4. It is a violation of the provisions of this chapter for an owner or operator to take reprisals against any tenant making a complaint under the provisions of this chapter. Any such reprisals shall constitute a municipal infraction.
1. The Building Inspector is authorized and directed to enforce all of the provisions of the City Housing and Building Codes, and to perform the duties of safeguarding the health, safety, and welfare of the occupants of all rental dwellings and the general public.
2. The Building Inspector is authorized to enter and make inspection to enforce any of the provisions of this chapter, or whenever the Building Inspector has reasonable cause to believe that there exists in any building or upon any premises located within the City any condition or code violation which makes such building or premises unsafe, dangerous, or hazardous.
3. The Building Inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Inspector by this chapter, provided that if such building or premises is occupied, said official shall first present proper credentials and request entry; and if such building or premises is unoccupied, such official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
4. The Building Inspector may make inspections of all rental premises pursuant to the City’s regular inspection program as frequently as may be necessary, and may make an inspection at any reasonable time based upon the need for code enforcement determined by the age of the area, the nature of the building and premises, or the condition of the entire area.
5. If such entry is refused for regular request or complaint inspections, the Building Inspector shall have recourse to every remedy provided by law to secure entry. When the Building Inspector shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect to promptly permit entry therein by the Building Inspector for the purpose of inspection and examination pursuant to this chapter.
Every occupant of a dwelling, dwelling unit or rooming unit shall give the owner or operator or his or her agent or employee access to any part of such dwelling, dwelling unit or rooming unit for the purposes of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this chapter; provided, the occupant shall be given twenty-four (24) hours’ written notice prior to any inspection, except in case of emergency, when immediate access shall be granted.
For purposes of this chapter, any residential property which is the subject of an unrecorded land contract or purchase agreement shall be treated the same as rental property. The contract seller shall have the duties and responsibilities and shall be subject to the same penalties as the owner of rental property.
Nothing in this chapter shall be construed or interpreted to impair or limit in any way the authority of the City to define and declare nuisances or of the City Manager, the Police Chief, or other City officials to cause the removal or abatement of nuisances by summary proceedings or other appropriate proceedings.
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire safety or health ordinance or code of the City existing on the effective date of the ordinance codified in this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of the ordinance codified in this chapter which establishes a lower standard for the promotion and protection of the health and safety of the people, the provision of this chapter shall be deemed to prevail, and such other ordinances or codes are declared to be repealed to the extent that they may be found in conflict with this chapter.
1. Any non-occupying property owner or landlord with actual knowledge of a nuisance on such person’s real property or after being served with written notice of a nuisance condition on such real property shall abate such nuisance within ten (10) calendar days after having actual notice or receiving written notice. Written notice shall be personally served on the non-occupying property owner, landlord, or managing or leasing agent thereof, or shall be mailed to the person by certified mail, return receipt requested. If the certified mail notice is returned to the person issuing the notice, then notice may be posted on the subject real property. If any other section of this chapter specifically provides for a different method of notice and/or a different time frame for notice, then the provisions of the other section may be followed instead of the provisions of this section. If the non-occupying owner or landlord fails to abate the nuisance condition as required, such non-occupying owner or landlord, or agent thereof, shall be guilty of violating Chapter 50 of this Code of Ordinances. It shall be an affirmative defense for a non-occupying owner or landlord to show that said person is either: (i) evicting or permanently removing the tenant from all premises owned or managed by such person; or (ii) acting diligently in terminating the nuisance. If specific sections of this chapter provide for liability to landlords or owners with less notice, then the specific sections will apply.
2. For the purpose of this section, the term “landlord” includes property manager, resident manager, rental agent, or any person responsible for showing the property to prospects, renting to tenants, collecting rent or lease payments, evicting tenants or maintaining the property. If the non-occupying owner or landlord is an entity other than human being, then the term “landlord” includes the officers, partners, executives, owners, or other humans responsible for managing the entity.