(A) Routine license inspections. No operating license may be issued or renewed unless the city determines, following an inspection conducted pursuant to this section, that the dwelling unit complies with this code. The owner of a dwelling unit shall contact the Chief Building Official or his or her agents to arrange an inspection at a reasonable time. The Chief Building Official and his or her agents are authorized to conduct an inspection, provided the owner or tenant consented to the inspection. A rental dwelling unit, including any common space areas, must be inspected a minimum of one time every two years. Nothing shall prohibit the city from requesting additional inspections if deemed necessary or if requested by a tenant of a rental dwelling unit. The owner shall notify the tenant or tenants of the time when the city inspection will be conducted and provide access to the units.
(B) Response to complaints. The Chief Building Official shall respond to complaints of violations of this subchapter. A complaint may be cause for a complete inspection of a unit or building. If an inspection is to be made, the Chief Building Official shall notify the owner or tenant of the inspection and request permission to inspect from the owner or tenant. If the owner or tenant does not consent, the city may pursue an administrative search warrant to conduct the inspection, unless a lawful exception to conduct an inspection without a warrant exists. If there are violations, the Chief Building Official shall notify the owner or tenant pursuant to § 112.09 to correct the problem which prompted the complaint. The cost of the inspection shall be paid by the owner if the city’s inspection reveals actual deficiencies as described by the occupant, and the payment of the cost shall be a condition of license renewal.
(C) Right to refuse entry. The owner, occupant, tenant, or person in charge of any property or rental unit possesses the right to deny entry to any unit or property by the Chief Building Official for purposes of compliance with this subchapter. However, nothing in this subchapter shall prohibit the Chief Building Official from asking permission from an owner, occupant, tenant, or person in charge of property for permission to inspect the property or rental unit for compliance with this subchapter and all other applicable laws, regulations, and codes. Nothing in this subchapter shall prohibit the city from seeking a search warrant or from entering a property or rental unit if a lawful exception to the warrant requirement exists.
(D) Scope of inspection.
(1) Neither the city nor any employee thereof assumes liability for the accuracy or quality of any property inspected pursuant to this subchapter at the request of the owner. The issuance of a rental license shall not be construed to represent a warranty or guarantee by or on behalf of the city nor shall the issuance of any certificate, license, or approval be construed to imply or warrant that a unit or property is: safe or free of any dangers or hazards to the occupants or general public; free and clear of any violations of this subchapter or any other laws, regulations, or codes; and free and clear of any defects.
(2) The issuance of any rental license shall not be construed to represent any warranties or guarantees by or on behalf of the city, nor shall the issuance of any certificates or approvals be construed to imply that the property is:
(a) Completely safe or free of any dangers or hazards to the occupants or general public;
(b) Completely free and clear of any violations of this subchapter or any other codes; or
(c) Completely free and clear of any defects related to any structural, fire protection, fire prevention, building utilities, or any other features of the property.
(Prior Code, § 3-16-7) (Ord. 611, passed 2-9-2015)