(A) No owner of residential real property located within the village shall rent to new tenants, any dwelling or dwelling unit in such real property for any form of consideration, vacant as of January 1, 2022, unless he or she holds a valid conditional rental permit or rental permit issued by the office of the Building Department in the name of the owner and for the specific dwelling or dwelling unit for rent, pursuant to an inspection to be made by the Building Department.
(B) If the owner, occupant, or agent thereof does not consent to the proposed inspection, the code official 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 section. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
(1) Eyewitness account of violation;
(2) Citizen complaints;
(3) Tenant complaints;
(4) Plain view violations;
(5) Violations apparent from city records;
(6) Property deterioration;
(7) Age of property;
(8) Nature of alleged violation;
(9) Condition of similar properties in the area;
(10) Documented violations on similar properties in the area;
(11) Passage of time since last inspection;
(12) Previous violations on the property.
(C) 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 code official or his/her duly authorized designee 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 paragraph shall be considered a "rental inspection" for purposes of Chapter 152 and all other provisions of the rental inspection program set forth in this section.
(Ord. O-2-07, passed 2-12-2007; Ord. O-15-22, passed 5-23-2022)