(A) Right of entry. In order to safeguard the safety, health and welfare of the public, the Director of Building and Housing is authorized to attempt at any time to obtain consent to entry from any owner, occupant or other person in charge of a dwelling or structure subject to this subchapter. Such owner, occupant or other person in charge shall be informed that entry by the Director of Building and Housing is sought for the purpose of making an inspection and performing duties under this subchapter. Failure to give consent to entry under this section shall not be punishable by fine or imprisonment. Notwithstanding any other provisions of this code when the city conducts inspections of a tenant’s apartment in a multiple-family dwelling or any other dwelling that is not owner- occupied, the city must obtain the consent of such tenant or non-owner occupant to conduct the inspection. If such tenant refuses consent, the city may attempt to obtain a warrant pursuant to this subchapter.
(B) Inspection upon transfer. No owner, agent or person in charge of a one-family dwelling or multiple- family apartment shall sell or allow any person to occupy the same as a tenant or lessee unless the owner, agent or person in charge of such dwelling or structure has notified the Building Department of the intent to sell or lease such dwelling or structure. Notice shall be in writing and must be received by the Building Department no later than eight working days before the proposed sale or lease.
(C) Attempted inspection by the Director of Building and Housing.
(1) Upon receiving notice of the intent to sell or lease a dwelling or structure as described in division (B) above, the Director of Building and Housing shall attempt to inspect such dwelling or structure to determine whether the dwelling or structure is in compliance with all of the provisions of this code that pertain to health and safety. The Director of Building and Housing shall attempt to make the inspection within five working days before the date of the proposed sale or lease during a week or part thereof, when normal business activities are carried on by the city. If the city fails to complete the inspection within this time frame, the city shall not delay or prevent a sale or lease of a dwelling or structure and shall not refuse to issue any necessary water or transfer stamps. Failure to consent to an inspection under this section shall not constitute an offense against the city and shall not be punishable by fine or imprisonment, nor shall such failure to consent prevent the sale or lease of a dwelling or structure.
(2) Any inspection conducted pursuant to this section shall be as limited as possible to allow the Director of Building and Housing to inspect the dwelling or structure to determine whether there are violations of the code that pertain to health and safety. No later than two days before the Director of Building and Housing is scheduled to conduct the inspection, the Director of Building and Housing shall deliver to the owner and all occupants of the structure or dwelling written notice that the includes the following:
(a) The date and time of the inspection;
(b) A statement identifying the area of the exterior or interior of the structure or dwelling to be inspected and a listing of items that will be inspected in each area;
(c) A statement that the owner, agent or person in charge has the right to withhold his or her consent to the inspection;
(d) A statement that, if the owner, agent or person in charge withholds his or her consent to the search, the city may not prevent the sale or lease of a dwelling or structure, including by refusing to issue any necessary water or transfer stamps; and
(e) A statement that the inspection shall be as limited as possible to allow the Director of Building and Housing to inspect the dwelling or structure to determine whether there are violations of this code that pertain to health and safety related to electrical, plumbing, structural integrity, security, heating and fire issues.
(D) Inspection by warrant. If the owner, agent, occupant or person in charge of a dwelling or structure does not consent to the attempted inspection described above, the Director of Building and Housing shall seek in the Circuit Court of the county, a warrant according to the appropriate laws of the state. The warrant shall be for the purpose of making an inspection to determine whether the dwelling or structure is in compliance with all of the provisions of this code that pertain to health and safety. The application for the warrant must include a statement that the inspection will be as limited as possible to determine whether there are violations of this chapter that pertain to health and safety issues related to electrical, plumbing, structural integrity, security, heating and fire safety issues. A warrant obtained pursuant to this section shall be executed and an inspection shall be made no less than three working days before the date of the proposed sale or lease. The term THREE DAYS, in this instance, shall mean any three days during a week or part thereof when normal business activities are carried on by the city. An owner, agent, occupant or person in charge of a dwelling or structure who is presented with a warrant obtained pursuant to this section shall not refuse, impede, inhibit, interfere with, restrict or obstruct entry and free access to any part of the dwelling, structure or premises where an inspection authorized by the warrant is sought to be made.
(E) Annual inspection. It shall be the policy of the city to inspect all rental or leased dwelling units or dwelling structures on an annual basis in connection with the license requirement of this subchapter. Such inspection shall comply with provisions of this subchapter.
(F) Qualifications. Individuals conducting inspections pursuant to this subchapter shall be qualified to make such inspections.
(G) Duties of Director of Building and Housing. The Director of Building and Housing shall provide an inspection report to the owner, agent, occupant or other person in charge of a dwelling or structure upon completion of the inspection that identifies those matters which must be remedied to comply with the provisions of the code that pertain to health and safety. Upon any reinspection, the City Inspector shall be entitled to confirm that such matters have been properly remedied and that such remedial work has not created any new conditions that do not comply with the provisions of this code that pertain to health and safety issues, but the Director of Building and Housing shall be prohibited from raising any new matter or requiring any further remediation not contained in his or her original report if the conditions existed as of the time of the original inspection. Reinspection must occur within five working days after the city is notified that the dwelling or structure is ready for reinspection.
(Prior Code, § 151.38) (Ord. 06-O-1863, passed 5-7-2006)