A. Authority: The appropriate authority is hereby authorized and directed to enforce all of the provisions of this chapter. For such purposes, they shall be known and appointed as housing inspectors/enforcement officers having the authority to issue notices of violation and criminal citations for violations of this chapter.
The appropriate authority shall have the power to render interpretations of this chapter and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter.
B. Right Of Entry: When it is necessary to make an inspection to enforce the provisions of this chapter, or when the appropriate authority has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this chapter, they may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if such building or premises is occupied that credentials will be presented to the occupant and entry requested. If such building or premises is unoccupied, they shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the appropriate authority shall have recourse to the remedies provided by law to secure entry.
Exception: Registered rental properties are subject to inspection for purposes of this chapter without requirement for warrants.
C. Emergencies:
1. Whenever, in the judgment of the appropriate authority, an emergency exists which requires immediate action to protect the public health, safety or welfare, the appropriate authority may issue an order without a hearing, directing the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency. If circumstances warrant, the appropriate authority may act to correct or abate the emergency.
2. The owner, occupant, operator or agent shall be afforded the opportunity to appeal, as soon as practicable, any order issued according to this section by following the procedure detailed in this chapter. Such appeal shall in no case stay the abatement or correction of such emergency.
D. Housing Inspection Schedule: Inspections for the purpose of carrying out the provisions of this chapter shall be conducted pursuant to the following schedule:
1. Inspection Schedule:
a. Exempt facilities: No scheduled inspections
b. Every year beginning in 2006:
Dormitories
Precode mobile homes, renter-occupied
Rooming house
c. Every other year beginning in 2006:
All other mobile homes, renter-occupied
d. Once every three (3) years, beginning in 2006:
Duplex or triplex
Fourplex
Single-family rental property
Structures containing five (5) to eight (8) units
Alternatively, at the election of the property owner, one-third (1/3) of the units in structures containing five (5) to eight (8) units may be inspected every year so that in every three (3) year period, all the units in each such structure will be inspected.
e. Once every four (4) years beginning in 2006:
Structures containing more than eight (8) units
Alternatively, at the election of the property owner, one-fourth (1/4) of the units may be inspected every year, so that in every four (4) year period, all the units in each such structure will be inspected.
2. Inspection Process: To begin the inspection process, each owner of the above described properties must file an application to register that property with the City of Montevideo, 103 Canton Avenue, Montevideo, Minnesota. At the time of registration, a fee shall be paid in accordance with the fee schedule set by the council.
Upon payment of the fee, the Montevideo building inspector shall schedule an inspection of the applicable property. If the property is found after the inspection to meet all applicable requirements of this chapter and the applicable rules and regulations pursuant thereto, a registration shall be issued and effective as follows:
Rooming houses, dormitories and precode mobile homes, renter-occupied: One year
Other mobile home, renter-occupied: Two (2) years
Single-family rental property: Three (3) years
Duplex or triplex: Three (3) years
Fourplex: Three (3) years
Five (5) to eight (8) unit structure: Three (3) years
More than eight (8) unit structure: Four (4) years
Applications to renew the registration must be made at least sixty (60) days prior to the expiration date, and the property owners or operators must adhere to provisions of the housing code regarding licensing.
E. Exemption: Rental units already covered under a county, state or federal inspection program that is similar in nature to the city code requirements can request an exemption from the fee and inspection requirements by submitting proof of inspections to the building official. (Ord. 856, 12-19-2005)