(A) Beginning July 1, 2025, and thereafter, the Department shall inspect the interior and exterior of a Registered Rental Housing Unit if any one of the following occurs, for that Rental Housing Unit:
(1) Two violations of any provision of C.O.L Chapter 18, Property Maintenance Code, within the previous 6-month period, or four violations within the previous 12-month period.
(a) The right to inspect hereunder begins as of July 1, 2025, such that the referenced 6 month and 12 month look-back period includes that amount of time prior to July 1, 2025.
(2) The Registered Rental Housing Unit is declared by an appropriate City Official, or any other official or entity having proper authority, to be unfit for human occupancy.
(3) Upon request by an Owner or tenant.
(4) Upon a violation of or condition involving a health or safety issue generated from the Allen County Health Department, a Safety Service Department (police or fire), the Utilities Department or other public utility.
(a) Health or Safety issues shall mean:
(i) Availability of hot and cold water.
(ii) Functional heating system.
(iii) Applicable code-compliant electrical system and components.
(iv) Functional toilets including proper sewage drainage.
(v) Functional sinks.
(vi) Proper points of egress.
(vii) Smoke and carbon monoxide detectors.
(viii) Pest control.
(ix) Non-leaking roof.
(5) The Allen County Auditor has declared the real property taxes for the Housing Unit to be delinquent.
(B) If a Rental Housing Unit is found by the Director to be unfit for human occupancy, as that term is defined in C.O.L. 1816.02, the Director has the discretion to inspect all additional Rental Housing Units of the Owner during the 90 day period after a unit is found unfit for human occupancy, subject to the following:
(1) If the Director determines it is not necessary to inspect all additional Rental Housing Units of the Owner, the Director shall issue a written explanation detailing why additional inspection(s) are not necessary, in the Director's opinion, which shall be served upon the Owner.
(2) If the Director determines it is necessary to inspect all or less than all additional Rental Housing Units of the Owner, the Director shall issue a written explanation detailing a reasonable articulable basis for why additional inspection(s) is necessary, in the Director's opinion, which shall be served upon the Owner. The Owner may appeal this pursuant to C.O.L. § 872.11.
(C) Inspections under this section will be only for health and safety related issues as listed in § 872.08(A)(4)(a), except as otherwise requested by the Owner.
(D) The Owner shall cooperate with the Department to schedule all inspections under this Chapter.
(E) The Owner shall provide at least 48 hours written notice to all tenants residing in the Rental Housing Unit scheduled for inspection.
(F) If any Rental Housing Unit Owner, tenant, occupant or other person in control and/or possession and whose consent to inspect is necessary concerning a Rental Housing Unit, (or any part thereof) fails or refuses to consent to access and entry to the property or dwelling unit under his or her control for any inspection required or permitted by this Chapter, the Director may apply to a court of jurisdiction for an administrative search warrant. The application for the administrative search warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection shall be limited to a determination whether there are any violations of the standards of the City related to obtaining or maintaining a Rental Housing Unit Registration Certificate. The time deadlines provided for in this Chapter shall be tolled until a ruling on the Director's search warrant request has been issued. Notwithstanding this warrant procedure, the Director shall otherwise have equitable recourse as provided by law.
(G) The fees for inspections shall be calculated by the Director only to cover the City's administrative cost associated with the inspection process. The Director shall determine a schedule of fees and file the same with the Clerk of Council. Council retains the authority to modify the fees as it determines appropriate.
(Ord. 250-23. Passed 1-2-24.)