(a) License Issuance and Renewal Inspections:
(1) Prior to issuing a new or Renewal Transient Rental Registration Certificate, or in the event of the transfer and assignment of a valid a Transient Rental Registration Certificate, the Department shall conduct a Life Safety Inspection of the Residential Premises within fourteen (14) days from the date the new Application or renewal Application is received by the City (or in the event a waiting list is maintained by the Department pursuant to Section 1369.03(a), within fourteen (14) days that the new Owner is notified by the Department that the new Application is being considered), which Life Safety Inspection shall consist of the following:
A. Inspection of all electrical receptacles;
B. Check for and test smoke detectors and carbon monoxide detectors;
C. Check for improper wiring;
D. Check electrical panel;
E. Check all light fixtures at all stairways and exterior doors;
F. Check furnace and water heaters;
G. Check for leaking water, gas and waste lines;
H. Check for removal of all refuse, garbage and debris;
I. Check for building code compliance, including necessary handrails;
J. Check for presence of accessible dry chemical fire extinguishers of a minimum 5-lb. ABC class;
K. Determine maximum occupancy for overnight Transient Guests which shall be limited to:
1. Three (3) persons per Residential Premises plus;
2. Two (2) persons per bedroom.
3. All areas of a Residential Premises designated as bedroom space shall be used predominantly for sleeping, have a minimum of one or more beds of a size and number equal to the expected occupants, and two (2) separate means of accessible ingress and egress.
(2) In conjunction with completing a Life Safety Inspection, and for new Transient Rental Registration Certificates issued from and after the effective date of this Ordinance, the Department shall also review the Owner's parking plan to determine compliance with Chapter 1133 of the Codified Ordinances. No parking plan shall be required of an Owner that is the holder of a current and valid Transient Occupancy Registration Certificate (issued prior to the effective date of this Ordinance) provided such Transient Occupancy Registration Certificate is timely and continuously renewed and is not later suspended, revoked, denied, or permitted to lapse, in which case a new Application shall be required and all provisions of this Ordinance shall be apply to such new Application, including not limited to the parking plan requirements identified in this Section 1369.06(a)(2).
(3) To the extent an Owner is subject to the parking plan requirements of Section 1369.06(a)(2) of this Chapter, and if a particular Transient Rental Property permits occupancy that cannot be accommodated based on the parking requirements set forth in Section 1133.03(c)(6), the permitted and approved occupancy for such Transient Rental Property shall automatically be reduced by the Department to ensure compliance with the parking requirements set forth in Section 1133.03(c)(6) of the Codified Ordinances.
(4) Within fourteen (14) days of completing a Life Safety Inspection, an Inspection Report shall be issued to the Owner of the Transient Rental Property.
(5) The Department shall maintain a copy of the Life Safety Inspection Report for each Transient Rental Property for a period of three (3) years. Copies of all reports of Life Safety Inspections shall be made available to the public in accordance with Section 149.43 of the Ohio Revised Code.
(b) Violations enumerated in the Inspection Report shall be abated by the Owner of the Transient Rental Property within thirty (30) days from the date of the Inspection Report. A reinspection shall be required to verify that the violations have been corrected. The Owner of the Transient Rental Property shall contact the Department to schedule the required reinspection, which shall occur within forty-five (45) days from the date the Inspection Report is issued. A reinspection fee set in accordance with Section 1369.04 shall be paid at the time a reinspection is scheduled.
(c) Failure to correct any violations contained within the Inspection Report within thirty (30) days from the date of the Inspection Report shall constitute a violation of this chapter and may result in the revocation of a Transient Rental Registration Certificate or Renewal Transient Occupancy Registration (as the case may be) and/or penalties or other legal action in accordance with Section 1369.99.
(d) Failure to permit a reinspection of the Transient Rental Property within forty-five (45) days of the date of the Inspection Report shall constitute a violation of this chapter and may result in the revocation of the Transient Rental Registration Certificate or Renewal Transient Occupancy Registration (as the case may be) and/or penalties or other legal action in accordance with Section 1369.99.
(e) Upon display of the proper credentials, any member of the Department, law enforcement, fire department, emergency assistance, or public health official shall be permitted to inspect the Transient Rental Property to ensure compliance with this Chapter.
(1) In the event access to Transient Rental Property is refused, an officer or employee of the entity requesting to inspect the Transient Rental Property may, with the assistance of the Law Director, obtain an administrative warrant from a court of competent jurisdiction in order to gain access to the property.
(2) In the event an administrative warrant cannot be obtained, then the inspection shall include only those items which can be inspected by lawful means. This chapter shall not be construed to require an Owner, Authorized Representative, or occupant to consent to a warrantless inspection of private property.
(3) A repeated failure to permit inspection may be cause for revocation of the Transient Rental Registration Certificate or Renewal Transient Occupancy Registration (as the case may be).
(Ord. 2021-7. Passed 3-23-21.)