All inspections will be completed by the Fire Chief or his or her designee so as all inspections will be completed in a uniform manner.
(A) (1) Initial inspections of all registered properties will occur within the first year after adoption of this chapter. Properties will have a scheduled re-inspection on a schedule to be determined by the City Administrator or his or her designee. All properties shall be inspected by the city at least once every three years. The city shall have the right to make periodic inspections of all properties based on complaints of landlords, tenants, neighbors or other individuals. Inspection procedures for minor complaints should be as follows:
(a) Tenant complaint procedure.
1. Verbal notification;
2. Notify owner in writing to describe the deficiency;
3. If owner does not respond and address the problem within a reasonable period, tenant may send a copy of the owner notice to the city to report the deficiency;
4. City Inspector arranges to inspect the rental unit; and
5. City Inspector notifies the owner in writing describing the deficiency and recommended corrective action.
(b) Owner complaint procedure.
1. Verbal notification;
2. Notify tenant in writing to describe the deficiency;
3. If tenant does not respond and address the problem within a reasonable period, owner may send a copy of the tenant notice to the city to report the deficiency;
4. City Inspector arranges to inspect the rental unit; and
5. City Inspector notifies the tenant in writing describing the deficiency and recommended corrective action.
(2) However, the city reserves the right to inspect registered properties without regard to the above-suggested procedure if, in the opinion of the City Administrator or his or her designee, the facts underlying the complaint constitute a condition that is unsafe to persons or property.
(B) Law enforcement, the City Building Official and the city’s respective designees and representatives, are hereby authorized to make inspections reasonably necessary to the enforcement of this chapter.
(C) All persons authorized herein to inspect shall have the authority to enter, with seven days’ notice to the registration holder or property manager any rental unit or structure containing a rental unit, registered or required to be registered, for the purpose of enforcing this chapter. All registration holders shall, as a condition of registration, consent to such entries for inspection without warrant and all registration holders shall include, as a condition of any lease or rental agreement with any tenant or occupant, that such tenants or occupants consent to such entries for inspection without warrant. This division (C) does not limit or preclude any other right of entry authorized by law.
(D) Written notice of a violation of this ordinance 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. The 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 re-inspected at a time to be determined by the person conducting the inspection.
(E) Any person who fails to comply with a compliance order and, upon conviction therefor, shall be punished by a fine not to exceed the maximum penalties for misdemeanor crimes, together with the cost of prosecution. Each day of such failure to comply shall constitute a separate punishable offense.
(2004 Code, § 122.11) (Ord. 07-0482, passed 2-26-2008) Penalty, see § 122.99