(A) Inspections authorized. The inspection officers are authorized and directed to make inspections to determine the condition of rental units located within the town.
(1) The inspection officers are authorized to enter, examine and survey, at all reasonable times, any and all rental units. 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 such inspection officer has, prior to entry thereof, positively identified himself or herself as a person authorized pursuant to this chapter to enter upon said 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.
(2) The owner or the owner's representative and the occupant shall be entitled to 72 hours' written notice from the inspection officer prior to conducting the inspection, examination or survey. In the event that the owner, or the tenant if occupied, refuses to allow the inspection officer to conduct the inspection, the inspection officer shall apply for a warrant to make the inspection in accordance with I.C. 36-7-9-16.
(3) This provision shall not be construed to limit or restrain the right of the inspection officer to make an inspection of any other building or premises pursuant to any of the provisions of I.C. 36-7-9-1 et al. or the town's ordinances concerning unsafe buildings or unsightly premises.
(B) Inspection at least once every five years. Every rental unit operated and maintained in the town shall be inspected by an inspection officer or his/her designee at least one time every five years ("routine inspection"). The routine inspection shall be made to ascertain that the facility conforms to all requirements of this chapter, any other ordinance of the town, and all statutes of the State of Indiana regarding such facilities.
(C) Exemption to routine inspection. Pursuant to I.C. 36-1-20-4.1(c), except as provided in division (D) of this section, the town may not conduct a routine inspection of a rental unit or impose a fee pertaining to the inspection of a rental unit, if the rental unit satisfies all of the following:
(1) The rental unit is:
(a) Managed by a professional real estate manager; or
(b) Part of a rental unit community that is managed by a professional real estate manager.
(2) During the previous 12 months, the rental unit has been inspected or is part of a rental unit community that has been inspected by either of the following:
(a) By or for:
1. The United States Department of Housing and Urban Development, the Indiana Housing and Community Development Authority, or another federal or state agency; or
2. A financial institution or insurance company authorized to do business in Indiana.
(b) By an inspector who:
1. Is a registered architect;
2. Is a professional engineer; or
3. Satisfies the qualifications of the town's Planning Department such that the inspector would qualify as an inspection officer.
(c) However, the inspector may not be an employee of the owner.
(3) A written inspection report of the inspection under division (C)(2) of this section has been issued to the owner of the rental unit or rental unit community (as applicable) that verifies that the rental unit or a random sample of the rental unit community, if the sample size complies with the United States Department of Housing and Urban Development’s (HUD) rules for sample size on inspection, is safe and habitable with respect to:
(a) Electrical supply and electrical systems;
(b) Plumbing and plumbing systems;
(c) Water supply, including hot water;
(d) Heating, ventilation, and air conditioning equipment and systems;
(e) Bathroom and toilet facilities;
(f) Doors, windows, stairways, and hallways;
(g) Functioning smoke detectors; and
(h) The structure in which a rental unit is located.
(4) The inspection report issued under division (C)(3) of this section is delivered to the Town Planning Department on or before the date of the scheduled inspection.
(D) Additional inspections. In addition to the routine inspection, the town may inspect any rental unit, if the political subdivision has reason to believe or receives a complaint that the rental unit does not comply with applicable code requirements, so long as the town provides 72 hours' written notice as provided in division (A)(2) of this section.
(E) Access. Every occupant of a rental unit shall give the owner thereof or the owner's representative access to any part of such 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 chapter.
(F) Inspection fee. For any routine inspection or additional inspection, the town shall charge the owner of the rental unit a fee of $125 ("inspection fee") for each building, along with an additional $25 fee for each unit. Failure to pay the inspection fee within 30 days of receiving notice thereof shall result in a violation of this chapter. However, in the case of a rental unit that meets the requirements for an exemption under division (C) of this section, the town may not impose any inspection fee pertaining to the inspection of that rental unit.
(G) Inspection certificate. The Clerk-Treasurer shall issue to the owner of every registered and inspected rental unit an inspection certificate as proof that the unit passed inspection. The inspection certificate shall be valid until the next inspection.
(H) Violation notice. If an inspection officer finds that a rental unit or any part thereof fails to comply with any standard set forth in this chapter, any other ordinance of the town of Milan, or any statute of the state of Indiana, he or she shall give notice of the alleged violation to the owner of the rental unit (the "violation notice"). The violation notice shall be in writing and shall reasonably describe the violation found. The violation notice shall further specify the date by which the violation must be corrected.
(I) Service of violation notice. The violation notice shall be served upon the owner or the owner's representative, and the occupant of the rental unit. The violation notice may be served by any of the following methods:
(1) Sending a copy of the violation notice by registered or certified mail to the address of the owner and/or occupant as reflected on the registration form;
(2) Delivering a copy of the violation notice personally to the person to be notified; or
(3) Leaving a copy of the violation notice at the address of the owner and/or occupant as reflected on the registration form.
(4) In the event that service cannot be obtained by foregoing methods, the alternate means of service described in I.C. 36-7-9-25 may be used.
(J) Curing violations. A rental unit that the inspection officer finds to be unsafe or uninhabitable shall be repaired so that it meets acceptable standards within 15 days of the violation notice. Any other violations shall be repaired within 30 days of the violation notice. Failure to cure a violation shall result in a violation of this chapter. The inspection officer may extend the period for cure for good cause.
(K) Re-inspection. Upon termination of the applicable notice period as provided in division (J) of this section, the town may reinspect the property and charge an inspection fee for any and all such re-inspections.
(Ord. 7-10-17-1, passed 8-14-2017)
Editor’s note:
Division (C)(3) above concerning exemption from inspection has been updated to include language adopted by the Indiana Legislature in P.L. 56-2023, Sec. 329 and P.L. 236-2023, Sec. 163.