(A) Code enforcement office: Composition. The code enforcement office shall consist of the chief code official and such other employees as may be necessary to enforce this code and as may be provided by Council.
(B) Rules and regulations. The chief code official is hereby authorized to make and adopt rules and regulations for the internal administration of his or her office, provided that such rules and regulations shall not be in conflict with provisions or intent of this section or rules and regulations and provisions of law enforced by the Hocking County Health Department or the State of Ohio.
(1) All rules and regulations adopted by the chief code official shall have the same force and effect as the provisions of this code.
(2) All rules and regulations shall be filed with the Service-Safety Director of the City of Logan and shall be made public upon request.
(C) Inspections.
(1) The chief code official or code inspectors shall make inspections in response to a complaint that an alleged violation of the provisions of this code or of rules and regulations adopted pursuant thereto has been committed, or when the code inspector has valid reason to believe that a violation of the provisions of the code, or any rules and regulations adopted pursuant thereto, exists.
(2) At all times of inspection, the owner, occupant, or agent shall be notified of the right to refuse entry. No criminal penalty, or any penalty or fine under this chapter shall attach, nor shall any rental dwelling permit be denied or revoked, solely by reason of the owner's, occupant's or agent's refusal to consent to a full inspection. If the owner, occupant, or agent thereof does not consent to the proposed inspection, the chief code official or code inspector may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within ten calendar days after the non-consent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this chapter. The application for administrative warrant shall include any of the following factors, upon which the court may consider and deem pertinent in its decision as to whether a warrant shall be issued:
(a) Eyewitness account of violation;
(b) Citizen complaints;
(c) Tenant complaints;
(d) Plain view violations;
(e) Violations apparent from city records;
(f) Property deterioration;
(g) Age of property;
(h) Nature of alleged violation;
(i) Condition of similar properties in the area;
(j) Documented violations on similar properties in the area;
(k) Passage of time since last inspection; and
(l) Previous violations on the property.
(3) If a warrant is issued, no owner, occupant, or agent thereof shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the chief code official or code inspector for the purpose of conducting a rental inspection and examination pursuant to this section and consistent with the terms of the warrant. If the court declines to issue a warrant, or if no warrant is sought, the rental inspection shall still take place but the scope thereof shall be limited to such areas as are in plain view. A limited-scope rental inspection conducted pursuant to this subsection shall be considered a "rental inspection" for purposes of this chapter and all other provisions of the rental inspection program set forth in this section.
(4) If upon inspection, a rental dwelling is found in violation of this Code, the chief code official or his or her authorized agent shall follow the procedures set forth in Section 106 and Section 107 of the International Property Maintenance Code.
(5) The chief code official shall be responsible for keeping a written record of the findings of all inspections. These records shall be available to the public at cost upon request.
(6) Information not related to the enforcement of the housing code which may be discovered in the course of an inspection shall be considered privileged. Such information shall not be made public without the written consent of the owner and of the occupant of the dwelling unit inspected. If any information pertaining to criminal activity is discovered pursuant to a housing inspection, such information is not privileged under this code.
(7) All records pertaining to the identification of a complaint shall be kept separate and confidential from the public record of inspection and notice of violation in regard to the structure. All other information regarding application and notices of violations pertaining to any premises shall be public record and available upon request.
(8) All information pertaining to the renewal or new issuance of rental dwelling permits and all notices of change of ownership of any rental dwellings shall forward to the city auditor for tax record purposes.
(9) If the code enforcement office, upon inspection, finds the complaint to be malicious or made in bad faith, they may assess the complainant an inspection fee to be determined by ordinance, and the name of the complainant may not be considered privileged.
(10) Any owner, occupant or person having care of property where an inspection has been scheduled shall be assessed a fee established by separate ordinance if this inspection is missed or not cancelled at least 24 hours prior to the scheduled inspection.
(D) Nonperiodic inspection. Upon presentation of proper credentials and following 24 hours' notice, the chief code official or his or her authorized agent may enter, during daylight hours and with the consent of the occupant, any rental dwelling in the City of Logan to enforce the housing code.
(1) A rental dwelling may be inspected if the chief code official has probable cause to suspect that violations exist.
(2) The owner, occupant, or agent shall be informed of their right to refuse entry. If entry is refused, the procedures set forth in §§ 153.12(C)(2) and (3) shall be followed.
(E) Owner's right of entry. Every occupant of a rental dwelling shall give the owner operator thereof, or his or her agent or employee, access to any part of such rental dwelling or its premises at reasonable hours for the purpose of making such inspections, maintenance, repair or alterations as are necessary to comply with the provisions of this code subject to notification as required by state law, except in emergency situations.
(F) Emergency orders. Upon application of the chief code official, supported by affidavit, the court of competent jurisdiction is authorized to issue an appropriate ex parte order dealing with the emergency situation.
(G) Intragovernmental cooperation. The chief code official may request the assistance and cooperation of any or all city, county or state agencies necessary to enforce this code.
(H) Restriction on employees. No officer or employee of the city who is charged with the duty of conducting housing inspections shall be financially interested in the furnishing of labor, material or appliances for the construction or alteration, or in the making of plans or specifications for or the renting of dwelling units within the City of Logan, unless he is the owner- occupant of the same.
(Ord. 19-2022, passed 6-14-22)