(A) Basis of Inspections. Inspections will be done to obtain and maintain compliance with the standards of this section based upon one or more of the following reasons:
(2) The need to determine compliance with an order or notice issued by the city.
(3) An emergency observed or reasonably believed to exist.
(4) A request for an inspection by a tenant, owner or responsible party.
(5) The Rental Housing Code Official shall inspect each dwelling unit of each residential property in the city bi-annually.
(B) Compliance/Re-Inspection.
(1) If a dwelling unit is found to be in compliance with §§ 150.30 through 150.41, said unit shall be exempt from further inspection for three years unless an event specified in §§ 150.39(A)(1) through 150.39(A)(4) occurs. If a dwelling unit or dwelling does not comply with §§ 150.30 through 150.41, the Rental Housing Code Official shall notify the applicant and re-inspect the dwelling or dwelling unit for compliance within 90 days.
(2) All newly constructed rental dwelling units shall be exempt from inspections for a period of three years from the issuance of the initial certificate of occupancy.
(3) Those units that are not brought into compliance within 90 days will be inspected on an annual basis until such time as they have an inspection with no violations which are not corrected within a 90-day period.
(D) Right of Entry Generally. Authorized inspections inside a dwelling shall be made during reasonable hours. Entry without the consent of an occupant or responsible party shall require an administrative search warrant. If the owner or occupant fails to comply with the city's ordinance inspection requests for residential rental property, the enforcing agency may obtain a search warrant from a court of competent jurisdiction.
(E) Order to Repair or Correct. Upon observing the existence of a violation of the standards of §§ 150.30 through 150.41, the Housing Code Official shall issue an Order to Repair or Correct Conditions to the responsible party. The Order to Repair or Correct Conditions shall be issued by delivering the Order to the responsible party personally or by regular mail. The Order to Repair or Correct Conditions shall include the following:
(1) The name of the owner, occupant or responsible party ordered to make repairs.
(2) Specify the date of the inspection.
(3) Specify the address where the violation was found.
(4) Include the name, telephone number and signature of the inspector.
(5) Include a description and the location of each violation observed by the inspector.
(6) Order the responsible party to correct all listed violations by a specified date and to contact the Building Department to determine if the necessary work requires a permit or that the work be performed by a licensed contractor.
(7) State that re-inspection will be made to determine whether all violations have been corrected by the date specified.
(F) Posting an Order to Repair or Correct Conditions. If the Housing Code Official determines that violations exist at a dwelling, and is unable to personally serve the responsible party with an Order to Repair or Correct Conditions, the Housing Code Official shall post an Order to Repair or Correct Conditions in a conspicuous place on or near the affected dwelling.
(G) Time to Correct Violations:
(2) Orders to Repair or Correct Conditions issued between October 31st and April 1st for exterior work adversely affected by cold or snow may provide additional time for the completion of such work, but in no case longer than June 30th.
(3) The Housing Official may extend the re-inspection time provided in a written notice when there are extenuating circumstances or where the responsible party has made a substantial documented effort to correct violations.
(H) Noncompliance with an Order or Notice. Upon failure of the responsible party to comply with an Order or Notice, the Housing Official shall issue an appearance ticket or refer the matter to the City Attorney for prosecution or other appropriate legal action.
(I) Removal of Posted Signs or Notices. No person shall remove, damage, deface, interfere with, move or conceal any Order or Notice posted pursuant to §§ 150.30 through 150.41 without first obtaining written permission of the Building Official. Any sign or notice posted pursuant to §§ 150.30 through 150.41 shall include a statement of this provision.
(J) Change in Ownership. The Housing Official shall immediately issue a new Order to Repair or Correct Conditions to any person assuming ownership or the status of responsible party for any dwelling which has been cited in an Order to Repair or Correct Conditions. A responsible party who has failed to comply with an Order to Repair or Correct Conditions shall not be relieved of the responsibility of having violated any provision of §§ 150.30 through 150.41 by transferring title to another person.
(K) Declaring a Dwelling Unsafe. The Housing Official may declare a dwelling unsafe when the responsible party has failed to comply with § 150.38(L).
(L) Notice of Unsafe Conditions. The Notice of Unsafe Conditions shall:
(1) Specify the date of the inspection;
(2) Specify the address where the violation was found;
(3) Include the name, telephone number and signature of the inspector;
(4) Include a description and the location of each violation observed by the inspector;
(5) State that each violation is a separate punishable offense;
(6) Order the responsible party to correct all listed violations by a specified date.
(7) State that a re-inspection will be made to determine whether all violations have been corrected by the date specified.
(9) State the date in which the unsafe conditions are to be repaired or the dwelling removed;
(10) Specify that the city may demolish or make the dwelling safe if the responsible party has failed to comply with a Notice of Unsafe Conditions. Any costs incurred by the city shall be a personal debt of the responsible party to the city and shall be assessed as a lien against the property; and
(11) Shall inform the responsible party where to obtain the applicable building, electrical, mechanical and plumbing permits for repair, construction or demolition.
(M) Posting of Dwelling Declared Unsafe. If the Housing Official declares a dwelling unsafe and is unable to personally serve the responsible party with a Notice of Unsafe Conditions, the Administrator shall send the responsible party the Notice by regular mail and shall post a sign in a conspicuous place on or near the affected premises. The sign shall state the following:
(1) The address of the dwelling;
(2) Date by which the violations are to be corrected; and
(3) How further information may be obtained.
(N) Order to Vacate. The Housing Official may issue an order to vacate when the Housing Official has declared a dwelling unsafe pursuant to § 150.39(Q). Such an order may be served personally on the responsible party or by regular mail. A copy of the Order shall be posted in a conspicuous place on or near the affected dwelling and shall state the following:
(1) Date of which the dwelling shall be vacated;
(2) Address of dwelling;
(3) How further information may be obtained.
(O) Occupancy of Unsafe Dwelling Prohibited. No person shall occupy or permit or allow another person to occupy a dwelling which has been declared unsafe under § 150.39(Q).
(P) Failure to Vacate. If a responsible party fails to comply with an Order to Vacate, the Housing Official may issue an appearance ticket or refer to the City Attorney's office for prosecution or other appropriate legal action.
(Q) Order to Secure. The Housing Official may issue an Order to Secure when he has declared a dwelling unsafe pursuant to § 150.39(Q). Such an order may be served personally on the responsible party or by regular mail. The Housing Official shall post an Order to Secure on or near the affected premise. The Order shall state:
(1) The address of the dwelling;
(2) The name of the responsible party ordered to secure the dwelling;
(3) The date by which the dwelling is to be secured; and
(4) How further information may be obtained.
(R) Securing by the City. Where the responsible party has failed to comply with an Order to Secure, the city may secure the dwelling. Any costs incurred by the city for securing the dwelling shall be a personal debt of the responsible party to the city and may be assessed as a lien against the property.
(S) Cost of Demolition or Making a Dwelling Safe. If the city demolishes or repairs an unsafe dwelling, the cost of demolition or making a dwelling safe pursuant to the provisions of §§ 150.30 through 150.41 shall be a personal debt of the responsible party of the city and may be assessed as a lien against the property.
(T) Registration of Rental and Rooming Dwellings. All rental dwellings and rooming dwellings existing as of the effective date of §§ 150.30 through 150.41 shall be registered with the Building Department no later than 90 days after the effective date of §§ 150.30 through 150.41. Failure to comply with the registration requirements is a violation of §§ 150.30 through 150.41.
(Ord. 7.3, passed 2-4-97; Am. Ord. 7.3, passed 10-3-06; Am. Ord. passed 9-1-09) Penalty, see § 150.99(C)