(A) The city’s Building and Housing Department and Police shall administer this chapter. These departments may delegate such duties and responsibilities in connection with the administration and enforcement of this chapter to such persons as are appropriate for conformance through respective Department chain of command. The Building and Housing Department Director or the Chief of Police may, when circumstances dictate, call upon the Police Department, county, state, fire district or other authorities, agencies, codes or regulations in identifying and correcting conditions in rental housing which constitute violations of this chapter or other duly enacted ordinances, regulations or laws as applicable.
(B) Upon presentation of proper credentials, city authorized representatives may enter at reasonable times after giving notice to the landlord of any building, structure or land within the city to perform the duties imposed by this chapter. Reasonable notice for required scheduled inspections shall be defined as a minimum of ten calendar days’ advance written notice. It shall be the responsibility of the landlord to notify the tenant(s) of inspection appointments, arrange access with the tenant(s) and provide access to all units. In the absence of the building landlord or landlord’s agent, an adult at least 18 years of age must be present during the inspection.
(1) Revocation of registration. Units not made accessible for inspection (or otherwise not inspected) in accordance with this chapter shall be in violation of this chapter and shall not be licensed/registered or shall have the registration revoked.
(2) Residential rental property complaints. In the case of a complaint of a potentially life or health threatening condition(s) or a property maintenance violation from any source, the city may promptly inspect or investigate without prior notice; except that, notice of such inspection or investigation shall be provided to the landlord or agent as soon as reasonably possible.
(3) Inspection areas. Rental property inspections will include a physical inspection of the rental residential property including the interior of all rental units, building exterior, exterior structures such as garages and storage areas, common areas, basements/cellars, laundry areas, electrical, plumbing and storage areas, as deemed appropriate by the inspector/code enforcement official with the exception of personal items.
(4) Denial of access. Except in the case of an emergency, if a tenant or property owner denies an inspector access to a rental property, the Director of Building and Housing Department or his or her designee shall apply to the Circuit Court for the issuance of an administrative search warrant for inspections under this chapter.
(5) Required inspections. Systematic residential rental property inspections will be conducted bi- annually (every two years). Inspections based upon complaints received wilt be conducted as received and determined as necessary by the city. Inspections whenever there has been a change of tenant.
(C) Violations of this chapter and fines shall be as stated in this chapter.
(1) Time limit for removal. When a licensing inspection of a rental residential property reveals any violations of applicable codes, a compliance time frame will be set by the inspector/code official. In establishing a compliance time frame, the inspector/code official shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations. The city shall send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application. Said notice shall include the following:
(a) Description of the property sufficient for identification;
(b) A statement listing the violations of applicable codes;
(c) The date upon which the licensing re-inspection will occur; and
(d) An explanation that if upon completion of the licensing re-inspection, the requirements of applicable city codes have not been met, it will be recommended to the Director of Building and Housing Department that the license be suspended or revoked.
(2) Immediate action. Notice of violations involving imminent danger to the life, safety, health, welfare and/or property of the landlord and/or tenants may be made by any means reasonably calculated to provide actual notice, which shall include, but not be limited to, personal delivery, registered or certified mail or posting of an appropriate notice on the premises.
(3) Occupancy denial. In the case of imminent danger or fire hazard, structural failure or danger of imminent collapse, interruptions or failures in plumbing, heating, electrical systems or other hazardous health situations, the city may order immediate repair or correction and may order the premises vacated pending such repair or correction.
(4) Citation issuance. If, at the conclusion of the period established for corrective action, the violation has not, in the city’s reasonable judgment, been satisfactorily corrected, then the city may issue citations in accordance with provisions of this chapter, suspend or revoke the license for the affected unit or units, and have the rental unit vacated. Citations for local municipal violations are adjudicated through the city’s Municipal Housing Court.
(a) Units vacated under this division (C)(4) shall be posted with signs indicating that the unit has been determined to be “illegal” or, if applicable “uninhabitable” and that occupancy is prohibited until the rental unit has been inspected to verify that the violation has been corrected.
(b) Any person who defaces or removes a posted sign as described in division (C)(4)(a) above without the approval of the city shall be in violation of this chapter.
(5) Time limit to vacate a building or unit. If notification has been presented to the landlord that the property is not properly licensed or that the license has been suspended or revoked, the rental property or properties shall be vacated within 60 days of notification by the city.
(a) If said property is not vacated within the 60-day period, the landlord will be responsible for all fines as set forth in this chapter. Citations will be issued with a mandatory court appearance. Fines imposed upon rental property owners who have initiated statutory eviction proceedings against tenant(s) pursuant to the Crime-Free Program of this chapter shall be waived so long as such eviction proceedings are pending and being actively pursued. This waiver does not relate to fines resulting from property maintenance violations.
(b) Notification will be either personally delivered or mailed to the landlord or property agent as listed on the most recent registration application. This notice to the tenants and occupants will be posted:
1 You are hereby notified that the license for this structure has been revoked or the owner has failed to license this residential rental property pursuant to Ord. 17-O-2162. 2 You must vacate this structure within 60 days of the date of this notice. 3 If you fail to vacate this structure, you will be in violation of this above referenced Code and subject to penalties and fines with a minimum of $250 and a maximum of $750 for each day you are found to be in violation with a mandatory court appearance. |
(6) Hearing/right of appeal.
(a) Whenever a property owner gets notice of a permit denial, suspension or threatened revocation and required vacating of a license issued under this chapter, the licensee shall have the right to request a hearing. The request shall be made within seven days of receipt of the notice. The request shall be made by certified or registered mail, overnight courier or hand delivery to the Building and Housing Department.
(b) Whenever a request for a hearing is made, the Mayor shall call a hearing by the procedures of this chapter. Appeal of the decision rendered following such a hearing may be taken pursuant to of this chapter.
(7) Crime-Free rental housing. The landlord or managing agent will be in violation of this chapter if he or she has not complied with all crime-free housing requirements as stated in § 121.26 of this chapter. The Chief of Police or his or her designee shall designate a Crime-Free Rental Housing Co-Coordinator, who shall be responsible for conducting the crime-free housing seminars and maintain a list of the attendees and their dates of attendance.
(8) Uninhabitable properties. The city may prohibit persons from entering or occupying, except for repair-related activity, any rental unit, building or structure, including utility and out buildings, found to be unfit, found not to comply with city codes or ordinances, or that poses dangerous, unsafe or unhealthy conditions for the building’s occupants, passers-by or the general public. Uninhabitable properties shall be posted with appropriate language that does not permit occupancy. Any person, not the owner, who enters, occupies, uses or any person, including the owner, who permits others to enter, occupy or use the structure after such a posting shall be charged with trespassing. Each day the rental unit building or structure is entered, occupied or used following such a posting shall be considered a separate offense.
(9) No water service. It shall be unlawful for occupants to remain in occupancy of premises where the water service has been disconnected for a period of six days or more and the Water Department is authorized to seek an eviction of such unlawful occupants in the Circuit Court of the county. Where there is a determination that children are involved in the occupancy of the premises, the Water Department shall notify the state’s Department of Children and Family Services (Ord. 13-O-2056).
(a) A zero tolerance policy will be in effect if the Water and Public Works Department has determined that a property that has been previously disconnected from water service suddenly has reestablished water service, the landlord or property manager will be held responsible for all fines and penalties associated with the water account.
(b) In addition, the landlord or property manager may be informed to terminate any lease agreement with tenants accused of stealing any city services or will risk suspension or revocation of residential rental license.
(Ord. 17-O-2162, passed 1-18-2017) Penalty, see § 121.99