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(A) Inspection officers are authorized and directed to make inspections if cause exists pursuant to § 150.65(C) to determine the condition of dwellings, dwelling units, rooming units, any other building or structure, and premises located within the city in order that they may perform their duties of safeguarding the health and safety of the occupants and the general public.
(1) The inspection officers are authorized to enter, examine and survey, at all reasonable times, all rental units subject to § 150.65(C) and the inspection warrant provisions of I.C. 36-7-9-16. The owner, or the owner’s representative, and/or occupant of every rental unit shall give the inspection officer free access to such rental unit and its premises at all reasonable times for the purpose of such inspection, examination and survey, provided, however, that the inspection officer has, prior to entry thereof, positively identified himself or herself as a person authorized pursuant to this section to enter upon the premises. At the time of each inspection, all pets must be controlled so that the inspection officer can move about the dwelling and surrounding property without interruption.
(2) The owner or the owner’s representative shall be entitled to 72 hours written notice from the inspection officer prior to conducting the inspection, examination or survey. The owner or the owner’s representative shall be responsible for notifying the occupant of the rental unit of the inspection when he or she receives notice of the intent to inspect from the inspection officer.
(3) Upon completion of the initial inspection, the city shall leave the occupant a written notice that the inspection was conducted.
(4) This provision shall not be construed to limit or restrain the right of the inspection officer to inspect any other building or premises.
(B) Every occupant of a rental unit shall give the owner thereof, or the owner’s representative, access to any part of the dwelling or rental unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section.
(C) The Building Department shall issue to the owner of every registered and inspected rental unit, if applicable, an inspection certificate as proof that the unit passed inspection.
(D) At each change of tenancy, every owner or the owner’s representative shall provide the occupant with a copy of the inspection certificate, if applicable. The copy shall become part of the warranty of habitability of the premises provided for in § 150.65(H). In the case of hotel or rooming house, the inspection certificate shall be posted in a conspicuous place within the facility.
(E) If an inspection officer finds that a dwelling, dwelling unit, rooming house, rooming unit, or any other building or structure fails to comply with any standard set forth in this section, any other city ordinance, or any state statute, he or she shall give notice of the alleged violation to the owner of the dwelling, dwelling unit, rooming house, rooming unit, or any other building or structure. The notice shall be in writing and shall reasonably describe the violation found. The notice shall further specify the date by which the violation must be corrected. The notice shall be served upon the owner or the owner’s representative, and the occupant of the dwelling, dwelling unit, rooming house, rooming unit, or any other building or structure.
(F) A building that the inspection officer finds to be unsafe shall be repaired so that it meets acceptable standards within 15 days of the notice described in division (E). Any other violations shall be repaired within 30 days of the notice of a violation described in division (E). If the violations cited are not corrected, a reinspection fee shall be levied against the person (either owner or occupant) responsible for correcting the violation cited. Reinspection may continue until the violations are corrected. The reinspection fee may be waived if the inspection officer finds that substantial progress has been made with regards to each separate violation noted, or that the failure to correct the violation is not within the control of the person responsible for correcting the violation cited.
(G) If a dwelling, dwelling unit, rooming house, rooming unit, or any other building or structure is cited for violations of this section, no new violations shall be cited at the time of the reinspection for the original violation, unless such new violations make the property unsafe.
(H) Nothing in the preceding division should be construed to require an investigation by the Building Department or any city employee prior to the city filing a complaint against the owner of real estate who fails to obtain a required registration receipt.
(I) An inspection officer’s attire shall contain the official city logo. The inspection officer shall prominently display and present a city-issued identification. If an occupant is present, the inspection officer shall identify himself or herself, and the purpose of the inspection. The inspection officer shall enter the premises only if permitted to do so.
(Ord. 7-2018, passed 4-3-2018; Am. Ord. 14-2018, passed 8-7-2018; Am. Ord. 12-2019, passed 10-15-2019)