(A) Inspections and complaints. After providing reasonable notice to the owner or occupant of a dwelling or dwelling unit subject to this subchapter, the Health Department may request entry to inspect the dwelling or dwelling unit to ensure compliance with this subchapter, including taking any necessary measurements, observations, sampling or testing. The notice is to be mailed to the owner of the dwelling at the address listed in the records of the County Auditor. If entry is not granted to the Health Department by the owner and/or the occupant, the Health Department may seek a warrant from a judicial officer or magistrate. Any warrant must be issued upon the finding of probable cause that a violation of the ordinance has occurred. The Health Department shall develop a complaint procedure so that citizens may make complaints alleging violation of this subchapter. All complaints shall be made in writing, state the address of the dwelling, the name, address and telephone number of the owner of the dwelling, the relationship of the complainant to the dwelling (tenant, neighbor, law enforcement and the like), state the nature of the alleged violation, the date the violation was observed, the name, address, telephone number of the complainant and the complaint must be verified. Notwithstanding the above, the Health Officer, or his or her designee, may enter a dwelling or dwelling unit in situations constituting an imminent danger to public health, risk of injury or as otherwise authorized by I.C. 16-20-1.
(B) Notice of violation. When the Health Department determines that there are reasonable grounds to believe that there has been a violation of any provision of this subchapter, the Health Department shall provide notice of such alleged violation to the person in violation of the ordinance and to the owner of the dwelling or dwelling unit. Such notice shall be in writing, include a statement of the reasons why it is being issued, allow a reasonable time for the performance of any act required to remedy the situation, be served by first class mail to the last known address of the owner as determined by the records of the County Auditor and a copy of the notice of violation shall be posted in a conspicuous place on or about the building, dwelling or dwelling unit. Such notice must contain an outline of any remedial action requested, the date by which the remedial action shall be performed. If the remedial action requested is performed within the time limit prescribed, there shall be no violation. Failure to comply with a request for remedial action shall constitute a violation of this subchapter.
(Ord. 4-2-4, passed 10-17-2005) Penalty, see § 150.99