A. Authority: Personnel directed by the Administrator are hereby authorized to make inspections reasonably necessary for the enforcement of this chapter.
B. Right Of Access: All persons authorized herein to inspect shall have the authority to enter, at all reasonable times, any rental property, registered or required to be registered, for the purpose of enforcing this chapter. Such inspections shall be made at such frequencies as the Administrator shall deem appropriate and necessary. All registration holders shall, as a condition of registration, consent to such inspections.
C. Rental Unit Inspections: The City shall provide reasonable advance notice to the owner, or the local property manager, prior to entry into any rental unit for the purpose of inspection. The owner shall be responsible for scheduling the inspection and notifying any existing tenant of the rental unit inspection. The owner of the rental unit or their representative shall have the right to be present at the inspection. All registration holders shall, as a condition of registration, consent to such entries for inspection. If any owner, local property manager or tenant fails or refuses to permit entry to a rental unit under its control for an inspection pursuant to this section, the City may pursue any remedy at law or under this Code, including, but not limited to, securing an administrative search warrant for the rental unit, denying a registration application, revoking or suspending a registration, or denying a renewal registration. Upon completion of a rental unit inspection, the City shall provide a completed copy of the inspection report to the rental unit owner or their designated local property manager.
D. Notice Of Violation: Written notice of a violation of this chapter may be given to the registration holder by first class mail directed to the address of the registration holder as shown by the Administrator's registration application file. Said notice may contain a compliance order stating that compliance with this chapter shall be made immediately, and in that case, the notice shall advise the registration holder that the property may be reinspected in not less than fifteen (15) days.
E. Appeals: A registration holder may appeal to the City Council the requirements of any compliance order. Such appeal shall be requested by submitting a written notice of appeal to the Administrator within fifteen (15) days of the date of issuance of the compliance order. Enforcement of the compliance order shall be stayed during the appeals process. The appeal will be heard by the City Council at its next meeting, occurring at least fifteen (15) days after the filing of the notice of appeal, at which time the registration holder, local property manager for the registration holder, or an attorney representing them, may appear and make a presentation to the City Council. After the hearing, the Council may uphold, reverse, or modify the requirements of the compliance order based upon the provisions of this chapter and upon the protection of the public health, sanitation, safety or general welfare of the community at large or the residents of rental units within the City. The City Council shall issue written findings and determination within thirty one (31) days of the hearing.
F. Compliance: No rental registration shall be issued or renewed by the City unless the rental property complies with all applicable Federal, State and local codes, ordinances and regulations. (Ord. 151, 9-10-2018)