1343.04  APPLICATION; INSPECTION; PROCESSING OF APPLICATION; ISSUANCE OF CERTIFICATE OF INSPECTION; AND EFFECTIVE PERIOD OF CERTIFICATE OF INSPECTION.
   (a)   Application.  Application for a Certificate of Inspection shall be made by the owner or an agent of the owner, upon forms provided by the Building Commissioner.
   
   (b)   Inspection.
      (1)   The application shall inform the owner that the owner has a constitutional right to refuse entry by Village inspectors without a search warrant.
      (2)   If the owner consents to the inspection, the parties shall agree on a time, during regular business hours of the Building Commissioner, when the inspection is to occur.
      (3)   If the owner refuses to consent to the inspection or consent is otherwise unobtainable, the inspection shall occur only after a search warrant is obtained from a court of competent jurisdiction authorizing entry by the Building Commissioner.
         A.   The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this Chapter.  The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:
            1.   Eyewitness account of violation;
            2.   Citizen complaints;
            3.   Tenant complaints;
            4.   Plain view complaints;
            5.   Violations apparent from Village records;
            6.   Property deterioration;
            7.   Age of property;
            8.   Nature of alleged violations;
            9.   Condition of similar properties in the area;
            10.   Documented violations on similar properties in the area;
            11.   Passage of time since last inspection; and
            12.   Previous violations on the property.
         B.   No criminal penalty, or any penalty or fine, shall attach, solely by reason of the owner's refusal to consent to an inspection.
         C.   If the court declines to issue a warrant, or if no warrant is sought, the Building Commissioner may complete a limited exterior inspection by evaluating the exterior areas in plain view from the right of way or any neighboring properties for which the Building Commissioner has been granted consent to enter, and the Building Commissioner may issue a Certificate of Inspection based on the limited exterior inspection.
   (c)   Processing of Application.
      (1)   Upon receipt of a complete application, including payment of the required fee, the Building Commissioner shall inspect the dwelling to determine compliance with:
         A.   Chapter 1359 relating to residential smoke detector and carbon monoxide detector requirements.;
         B.   Chapter 1351 and Chapter 1365 relating to exterior property maintenance requirements; and
         C.   The Building Commissioner shall determine whether any condition exists at the premises that in the opinion of the Building Commissioner constitutes a safety hazard.
      (2)   The Building Commissioner, in circumstances where a septic system and/or private water system is located on the premises of the dwelling, shall forward a copy of the application to the CCGHD.  The CCGHD will inspect the septic system and/or private water system in accordance with its requirements and advise the Building Commissioner if the septic system is in compliance with CCGHD household sewage treatment system and private water system requirements.
      (3)   The Building Commissioner, in circumstances where a vacant dwelling, regardless of whether the vacant dwelling is registered in accordance with Chapter 1361, shall conduct, upon receipt of an exterior and interior inspection request, the inspection required by Chapter 1361.
      (4)   The Building Commissioner, in circumstances where a rental dwelling, regardless of whether the rental dwelling is registered in accordance with Chapter 1363, shall conduct, upon receipt of an exterior and interior inspection request, the inspection required by Chapter 1363.
   (d)   Issuance of Certificate of Inspection.
      (1)   A Certificate of Inspection shall be issued within seven (7) days of obtaining access to the property and, if required, obtaining the report from the CCGHD.
      (2)   A Final Certificate of Inspection shall be issued if the premises are in compliance with this chapter.  A Final Certificate of Inspection shall contain the following information and any other relevant information deemed necessary by the Building Commissioner:
         A.   The street address, permanent parcel number or other identifying characteristics of the property;
         B.   The name and address of the owner and the applicant, if different than the owner;
         C.   A copy of each Compliance Certificate, if any, issued by the Building Commissioner; and
         D.   A statement regarding compliance with the required point-of-sale inspections.
      (3)   An Initial Certificate of Inspection shall be issued if the premises are not in compliance with this chapter and/or the owner or the owner's agent are unable to comply with the Orders For Correction, issued in accordance with this chapter, prior to title transfer.  An Initial Certificate of Inspection shall contain the following information and any other relevant information deemed necessary by the Building Commissioner:
         A.   The street address, permanent parcel number or other identifying characteristics of the property;
         B.   The name and address of the owner and the applicant, if different than the owner;
         C.   A statement regarding compliance with the required point-of-sale inspections;
         D.   A list of any Orders for Correction issued;
         E.   The statement regarding unoccupied dwellings with a septic system required by Section 1343.06, if applicable;
         F.   A list of any known Code violations for a vacant dwelling;
         G.   A list of any known Code violations for a rental dwelling; and
         H.   A statement requiring the purchaser to comply with the Orders for Correction within the time set forth on the Initial Certificate of Inspection.
   (e)   Effective Period of Certificate of Inspection.
      (1)   A Final Certificate of Inspection is valid for a period of one (1) year from the date of issuance.  In the case of resale within the one year period, the Certificate of Inspection shall be valid for the remainder of the one year period.
      (2)   An Initial Certificate of Inspection is valid for a period of ninety (90) days from the date the Orders for Correction were issued.
      (3)   Upon the issuance of a Compliance Certificate for all Orders for Correction, a Final Certificate of Inspection shall be issued.
      (4)   An Initial Certificate of Inspection that contains the unoccupied dwelling with septic system statement requirement in Section 1343.06 is valid for a period of one (1) year provided that no Orders for Correction were issued and the dwelling remains unoccupied and, therefore, not subject to CCGHD testing.  In the case of resale within the one year period, the Initial Certificate of Inspection shall be valid for the remainder of the one year period provided that the dwelling remains unoccupied and, therefore, not subject to CCGHD testing.
      (5)   An Initial Certificate of Inspection that lists any Code violations for a vacant dwelling or a rental dwelling is valid for a period of ninety (90) days from the date of violation issuance or is valid for the period of time provided in the violation notice to correct such violations, whichever is longer.  Upon the issuance of a Compliance Certificate for all Code violations, a Final Certificate of Inspection shall be issued.
         (Ord.  2019-32.  Passed 5-8-19.)