(A) The enforcing officer for the city Inspection Department shall inspect residential rental units on a periodic basis pursuant to this chapter or under any of the following circumstances.
(1) Upon receipt of a complaint from an owner or occupant that the premises are in violation of this chapter;
(2) Upon receipt of a report or referral from the Police Department, other public agencies or departments, or any individual indicating that the premises are in violation of this chapter, and which is based on the personal knowledge of the person making the report;
(3) If an exterior survey of the premises gives the enforcing officer probable cause to believe that the premises are in violation of this chapter; or
(4) Upon receipt of information by the enforcing officer that a rental unit is not registered with the city as required by this chapter.
(B) Scheduling of inspections shall be as follows:
(1) The inspector shall notify the owner of a residential rental structure of the date and time such structure is to be inspected. Such notice may be personally delivered or may be sent by first class mail.
(2) Upon receipt of the notice, the owner must either:
(a) Appear at the time and date scheduled for the inspection; or
(b) Object within ten days of the mailing or delivery of the notice:
1. Schedule an alternative date for the appointment. The alternative date must be within 30 days from the date identified in the initial notice; or
2. Direct the inspector to contact the occupants of the rental unit directly to schedule the inspection and provide the occupants' name and address.
(3) If an owner of a residential rental structure asks the inspector to schedule the appointment with the occupant, the inspector shall notify the occupant of the residential renal unit of the date and time such unit is scheduled to be inspected. Such notice may be personally delivered or may be sent by first class mail. Upon receipt of the notice, the occupant must either:
(a) Appear at the date and time scheduled for the inspection; or
(b) Object within ten days and schedule an alternative date for the appointment. The alternative date must be within 30 days from the data identified in the initial notice.
(4) If an owner or occupant subsequently learns he will not be present for a scheduled appointment, the individual must provide the inspector with at least 24 hours advance notice and must schedule a second inspection date within 30 days from the scheduled appointment. Failure to appear for a scheduled appointment without providing advance notice shall be a violation of this division and a municipal civil infraction. Failure to appear for a scheduled second inspection date shall be a violation of this division and a municipal civil infraction.
(C) If an owner or occupant refuses to allow a city rental housing official entrance to a residential rental structure or unit, the inspector shall:
(1) Prior to seeking a warrant, advise the owner or occupant of the city's intention to obtain a warrant and request entry for the purposes of conducting an inspection.
(2) If entry is not permitted under the circumstances set forth in division (C)(1) above, the inspector shall request the assistance of the City Attorney in obtaining a warrant. The warrant request shall be on the standard form used by the court and shall state the basis for requesting the warrant.
(3) If a warrant is obtained, the inspector shall use the warrant to obtain entry through the least objectionable means possible and with the assistance of a court officer or police officer as may be required. The warrant shall only be used to conduct an inspection pursuant to this chapter and for no other purpose.
(D) Failure to permit entry after notification that a warrant for entry has been obtained by the inspector shall be a municipal civil infraction.
(E) During the inspection, the City Rental Housing Official shall note any violations of this chapter or other provisions of this code and give notice of such violations to the responsible local agent in accordance with § 97.04. The enforcing officer shall direct the agent and owner to correct violations within the time set forth in the notice. A reasonable time for correcting violations shall be determined by the enforcing officer considering the nature of the violations and all relevant circumstances but may not extend the time for correcting violations if the enforcing officer deems such action appropriate under all relevant circumstances, but not to exceed an additional 60 days.
(Ord. 224, passed 4-2-2024)