(a) The Building Inspector shall endeavor to conduct an interior and exterior inspection of all rental properties at least once every year and as otherwise required by this Chapter or determined to be necessary by the Building Inspector. It is obligation of the owner or person in charge to contact the Village to schedule the inspection each year. If the owner or person in charge fails to contact the Village to schedule the inspection; consent to an inspection of the rental property is refused by the owner, person in charge, tenant or occupant; or if consent is otherwise unobtainable, the Building Inspector shall not conduct an inspection without first obtaining, if needed, an administrative search warrant in accordance with the provisions in subsection (c), below.
(b) If a scheduled inspection is cancelled by an owner, person in charge, tenant or occupant with less than twenty-four (24) hours’ notice to the Building Inspector, a cancellation fee of fifty dollars ($50.00) shall be paid before the inspection is rescheduled.
(c) If the owner or person in charge fails to contact the Building Inspector; consent to an inspection of the rental property is refused by the owner, person in charge, tenant or occupant; or if consent is otherwise unobtainable, the Building Inspector may appear before the Judge of the Niles Municipal Court or other Court and seek an administrative search warrant to permit an inspection. The warrant application shall specify the basis upon which the warrant is sought and include a statement that the inspection shall be limited to a determination whether there are violations of this Chapter and the Building Code. The Court may consider any of the following factors, along with such other matters as it deems relevant, when considering the issuance of a warrant: eyewitness accounts of violation; resident complaints; tenant complaints; plain view violations; violations apparent from Village records; property deterioration; age of property; nature of alleged violation; condition of similar properties in the area; passage of time since last inspection; and previous violations of the property.
(d) If a warrant is issued, no owner, person in charge, tenant or occupant shall fail, upon presentation of the warrant, to permit entry therein by the Building Inspector and other Village agent for the purpose of conducting a rental inspection pursuant to this Chapter 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 not take place and no certificate of rental occupancy shall be issued. No criminal penalty or fine under this Chapter shall be based solely upon the refusal to consent to an inspection.
(Ord. 3274-22. Passed 12-7-22.)