(A) Inspection of dwellings. The Code Enforcement Agency shall be authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, and premises thereof in order to safeguard the health, safety, morals, and welfare of the public.
(B) Right of entry. Upon presentation of proper credentials, the Code Enforcement Agency during normal business hours, or at any time if an emergency exists, or at any time mutually agreeable to the inspector and owner, shall request of the owner or occupant in lawful possession of any building, structure, or premises in the city, permission to enter and inspect the same in order to perform any duty imposed by this code upon him. The Code Enforcement Agency shall not enter any building, structure, or premises where an owner or occupant in possession shall object to such entry, except where the Code Enforcement Agency shall have first obtained an order for the purpose of entry after submitting evidence indicating probable cause exists for the inspection, from a court of competent jurisdiction. However, the Code Enforcement Agency shall not be required to obtain the consent of the owner of any premises, building, or structure in the city where the same has been or gives the appearance of having been abandoned by the owner and the building, structure, or premises is in a condition where entry thereto is generally accessible.
(C) Administrative liability. Except as may otherwise be provided by statute or local law or ordinance, no officer, agent, or employee of the city charged with the enforcement of the housing code shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this code. No person who institutes, or assists in the prosecution of, a criminal proceeding under this code shall be liable to damages hereunder, unless he acted with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act of omission. Any suit brought against any officer, agent, or employee of the city, as a result of any act required or permitted in the discharge of his duties under this code, shall be defended by the city solicitor until the final determination of the proceedings therein.
(D) Notice of violation. Whenever the Code Enforcement Agency determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. The notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time for compliance, and shall be served upon the owner, agent, operator, or occupant, as the case may require. The notice shall be deemed to be properly served upon the owner, agent, operator, or occupant, if a copy is served upon him personally; or if a copy thereof is sent by registered or certified mail, return receipt requested, to the last known residence of the owner, agent, operator, or occupant; or if a copy is left at the place of residence of the owner, agent, operator, or occupant; or by such other method authorized by the laws of the state. If the owner, agent, operator or occupant of the subject premises is unknown, then a copy of the notice and order shall be mailed, addressed to such person, to the address of the subject premises. The failure of any such person to receive actual notice shall not affect the validity of any proceedings taken under this section. Service by certified, registered or ordinary mail in the manner herein provided, shall be effective on the date of mailing. The notice shall inform the person, to whom it is directed, of his right to apply for a hearing before the Housing Appeals Board as provided in § 155.15(C). The notice may contain an outline of remedial action and time limit which, if followed, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
(E) Final order. Any notice of violation provided for in § 155.14(D) shall automatically become a final order if written request for a hearing is not filed in the office of the City Manager or his duly designated representative within ten days after receipt of the notice. A copy of the order shall be served as provided in § 155.14(D).
(F) Power to act in emergencies. Whenever the City Manager, at any state of the proceedings instituted under the provisions of this chapter, finds that a violation of this chapter exists, which in his opinion, requires immediate action to abate a direct hazard, or immediate danger to the health, safety, morals, or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. The order may include an order to vacate as provided in § 155.16(C). Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
(G) Agency to abate hazards in emergencies. Whenever any violation of this chapter, which in the opinion of the City Manager causes a direct hazard or immediate danger to health, safety, morals, or welfare of the occupants of a building or the public, has not been corrected in the time specified by the order issued under § 155.14(F), the City Manager may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in § 155.16(J).
(H) Demolition as compliance. Any owner of a building, receiving notice of violation stating that such building does not comply with the provisions of this chapter, may demolish such building; and such action shall be deemed compliance. Demolition of buildings and structures shall be in accordance with the provisions of Chapter 152 (Building Code).
(I) Reinspection. At the end of the period specified in the notice of violation, or any extension thereof, it shall be the duty of the City Manager or his duly designated representative to make, or cause to be made, a reinspection of the dwelling, dwelling unit, premises, and if compliance has not been established, appropriate legal action shall be instituted as specified in § 155.17, provided that additional notice of violation is not required.
(J) Extension of compliance time. The City Manager may extend the compliance time specified in any notice, or order, issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
(K) Records confidential. The City Manager or his duly designated representative shall keep confidential all evidence which he may discover or obtain in the course of an inspection made pursuant to this chapter and such evidence shall be considered privileged. Evidence so obtained shall not be disclosed except as may be necessary in the judgment of the City Manager for the proper and effective administration and enforcement of the provisions of this chapter and rules and regulations issued pursuant thereto and shall not otherwise be admissible in any judicial proceeding without the consent of the owner, agent, operator, occupant, or other person in charge of the dwelling unit inspected.
(Ord. 39-1976, passed 8-16-76; Am. Ord. 24-1989, passed 8-7-89; Am. Ord. 06-2002, passed 4-1-02)