(A) Each rental unit and premises within the city is subject to inspection by the Rental Housing Officer.
(B) The Kokomo Board of Public Works and Safety is authorized to establish a reasonable fee schedule to cover the actual cost of inspections, including labor costs. The fee schedule may be amended from time to time to reflect changes in the cost of inspections. The fee schedule and any subsequent amendments to the fee schedule are subject to prior approval of the Kokomo Common Council. Such approval shall be evidenced by adoption of a resolution approving the fee schedule, or any amendments thereto. Where multiple inspections are required to assure that defects are corrected, separate fees may be charged for each re-inspection.
(C) Inspections may be done at the discretion of the Rental Housing Officer, in those instances where the Rental Housing Officer has probable cause to believe there is non-compliance of the provisions of this chapter based either upon visual observation of the property; the personal knowledge of Rental Housing Officer; or upon the written, signed complaint of any resident of the city, any governmental agency, or the rental unit's tenant, the tenant's legal representative, the owner, or the owner's agent. The identity of the person making the complaint shall be made available to the landlord upon the landlord's request.
(D) Unless waived by the owner or tenant, the following procedure shall be used to obtain entry to rental units for the purpose of inspection. The owner of the unit, or the owner's representative, shall be contacted and a date shall be established for inspection. The owner, or the owner's representative, shall then furnish to the Rental
Housing Officer a current list of tenants for each rental unit to be inspected. The Rental Housing Officer shall then send a certified letter with return receipt requested and a stamped self-addressed postcard to each tenant. If there is evidence that the tenant received the letter, but no other response is received from the tenant, consent to enter will be presumed. An official record shall be maintained of all notices. The owner, or owner's representative, shall be responsible for granting access to the inspector upon presentation of a copy of the official record of notices and responses.
(E) (1)Should either a tenant or owner refuse to allow an inspection after proper notification, the Rental Housing Officer shall not inspect without first obtaining an inspection warrant utilizing the procedure set out at IC 36-7-9-16.
(2) Nothing in this section shall be construed as prohibiting an emergency inspection when there is probable cause to believe there exists an imminent danger to life, property, or public health.
(F) All other provisions of this section notwithstanding, the city may contract with outside persons or companies to perform inspections services provided that all such entities shall report to the Rental Housing Officer who alone shall have enforcement authority.
(G) All other provisions of this section notwithstanding, no inspection fee shall be charged under the following circumstances:
(1) Upon inspection by the Rental Housing Officer, or that officer's designee, insufficient evidence is found of material violations of the provisions of this chapter.
(2) Upon appeal to the Kokomo Board of Public Works and Safety as provided in § 160.10, it is found by that board that there is insufficient evidence of material violations of the provisions of this chapter.
(H) Any person found by the Rental Housing Officer to have maliciously submitted a complaint under this section for the purpose of harassing the owner, or to gain any other unlawful advantage over the owner, is subject to being cited for violation of this chapter and shall be subject to the penalties set out at § 160.99. Any such determination is subject to appeal to the Board of Public Works and Safety as provided in § 160.10.
(Ord. 6424, passed 6-12-06) Penalty, see § 160.99