(A) Authority. The Building Inspector and/or Rental Inspector is/are hereby authorized and directed to enforce all of the provisions of this Code. For such purposes, they shall be known and appointed as housing inspectors/enforcement officers having the authority to issue notices of violation and criminal citations for violations of this chapter. They shall have the power to render interpretations of this chapter and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter.
(B) Right of entry.
(1) Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises which is contrary to or in violation of this chapter, he or she may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if such building or premises is occupied, official credentials will be presented to the occupant, and entry requested. If such building or premises is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises, and request entry. If entry is refused, the housing inspector(s) and/or enforcement officer(s) shall have recourse to the remedies provided by law to secure entry.
(2) Exception. Licensed rental properties are subject to inspection for purposes of this chapter at any time without requirement for warrant.
(C) Responsibilities defined. Owners remain liable for violations of duties imposed by this chapter even though an obligation is also imposed on the occupants of the building and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this chapter.
(1) Buildings, structures and parts thereof shall be maintained in a safe and sanitary condition. The owner or the owner's designated agent shall be responsible for such maintenance. To determine compliance with this division, the building may be re-inspected.
(2) Owners, in addition to being responsible for maintaining the buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing 2 or more dwelling units.
(3) Owners shall, when required by this chapter or any other applicable code, ordinance, regulation or statute, furnish and maintain such approved sanitary facilities required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling.
(4) Occupants of a dwelling unit, in addition to being responsible for keeping in a sanitary and safe condition that part of the dwelling or dwelling unit or premises which they occupy and control, shall properly dispose of their rubbish, garbage and other organic waste in a manner required by this chapter, or any other applicable code, ordinance, regulation or statute.
(5) Occupants shall, when required by this chapter, or any other applicable code, ordinance, regulation or statute, furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary.
(D) Administration. The City Clerk and/or his or her designated agent shall administer the provisions of this chapter and are hereby authorized to cause inspections on a scheduled basis and/or when reason exists to believe that a violation of this chapter has been or is being committed.
(E) Authority. When the City Council determines that a violation exists, a written evaluation of deficiencies shall be considered prima facie evidence in any subsequent litigation of a violation under this chapter.
(Ord. 236, passed 7-2-2007)