(a) The Building Official shall inspect residential rental structures and residential rental units pursuant to any of the following circumstances:
(1) Upon receipt of a new rental registration application for a property that was not previously registered.
(2) Upon receipt of any rental registration renewal request for any property that has been previously registered.
(3) Upon receipt of a complaint from an owner or tenant that the premises are in violation of the Property Maintenance Ordinance of the City of Howell.
(4) Upon receipt of a report or a referral from the Howell City Police Department, Howell City Department of Public Services, other law enforcement agencies, public agencies or departments, or any individual indicating that the premises may be in violation of this chapter. The request shall be based on the personal knowledge of the person making the report.
(5) If an exterior survey of the premises gives the building inspector probable cause to believe that the premises are in violation of this chapter.
(6) Upon receipt of information that the residential rental unit is not registered with the City as required by this chapter.
(b) The owner or responsible local agent shall be sent notice within two business days regarding the need to schedule an inspection. If the owner or agent does not respond to the notice within ten (10) days from the date that the notice was sent, the following will take place:
(1) The Building Official shall notify the owner of a residential rental structure or residential rental unit of the date and time such structure is to be inspected. Such notice may be personally delivered or may be sent by first class mail.
(2) Upon receipt of the notice, the owner must either:
A. Appear at the date and time scheduled for the inspection; or
B. Object within ten days of the mailing or delivery of notice, and:
1. Schedule an alternative date for the appointment within ten (10) days from the date identified in the initial notice; or
2. Direct the Building Official to contact the tenant of the rental unit directly to schedule the inspection and provide the tenant's name and phone number.
3. File a written request to appeal the requirement of an inspection to the City Council pursuant to Section 1460.13 (Appeals Process).
(3) If an owner of a residential rental structure, residential rental unit, or transitional housing facility requests in writing that the Building Official schedule an appointment with the tenant, the Building Official shall notify the tenant of the date and time the unit is to be scheduled for inspection. Such notice may be personally delivered or may be sent by first class mail. Upon receipt of the notice, the tenant must either:
A. Appear at the date and time scheduled for the inspection; or
B. Object within ten (10) days and schedule an alternative date and time for the appointment within ten (10) days from the date identified in the original notice.
C. File a written request to appeal the requirement of an inspection to the City Council pursuant to Section 1460.13 (Appeals Process).
(4) If an owner or tenant subsequently learns he or she will not be present for a scheduled appointment, the individual must provide the Building Official with at least 24 hours advance notice and must schedule a second inspection date within five days from the scheduled appointment. Failure to appear for a scheduled appointment without providing notice shall be a violation of this chapter and a municipal civil infraction. Failure to appear for a scheduled second inspection date shall be a violation of this chapter and a municipal civil infraction. The act of affirmatively refusing entry shall not be construed as a violation of this chapter or as a municipal civil infraction, but shall not excuse an owner from the requirement to obtain an inspection or renew a certificate of registration.
(c) During any inspection, the Building Official shall note any violation of this chapter or other sections of this Code and give notice of the violations to the owner or responsible local agent. The Building Official shall direct the owner or responsible local agent to correct violations within the time set forth in the notice. A reasonable time for correcting violations shall be determined by the Building Official considering the nature of the violations and all relevant circumstances but shall not exceed sixty (60) days. Upon request of the owner or responsible local agent, the Building Official may extend the time for correcting violations if the Building Official deems such action appropriate under all relevant circumstances, but not to exceed an additional sixty (60) days.
(d) Upon resolution of any violations noted during an inspection, the owner or responsible local agent shall contact the Building Official to schedule a reinspection of the residential rental structure, residential rental unit, or transitional housing facility to ensure compliance with the Property Maintenance Code. Such reinspection shall be scheduled prior to the expiration of the timeframe established by the Building Official for the repairs to be made.
If entry to a residential structure requiring inspection is refused, the Building Official shall have recourse to the remedies provided by law to secure entry, including but not limited to obtaining a warrant for an administrative search.
(Ord. 792. Passed 1-8-07; Ord. 872. Passed 5-20-13; Ord. 932. Passed 3-9-20; Ord. 946. Passed 1- 10-22.)