(A) Periodic inspection. The Administrator of Planning and Zoning or his or her authorized representative is hereby authorized to, and shall inspect all rental dwellings on a periodic rotating basis of once every three years; upon completion of the registration and receipt of the fee, the Administrator of Planning and Zoning or his or her authorized representative shall schedule a compliance inspection within three years of registration. Efforts shall be made to schedule each compliance inspection at a reasonable time with respect to the Inspector’s and the owner’s and operator’s convenience. The city will attempt to give vacant units priority.
(B) Satisfactory inspection. Upon satisfactory completion of the compliance inspection, and upon receipt of the fee for said inspection, the Administrator of Planning and Zoning or his or her authorized representative shall issue a certificate of compliance to the owner. A certificate of compliance shall be valid for a period of three years. Subsequent periodic inspections shall be conducted in accordance with this chapter. Satisfactory completion means that every applicable requirement found in this chapter has been adhered to and complied with. Only total compliance will be considered satisfactory completion.
(C) Unsatisfactory inspection/notification of non-compliance/reinspection.
(1) If the Administrator of Planning and Zoning determines that a dwelling unit does not comply with this chapter, he or she will notify the property owner, in writing, of all areas of non- compliance, steps that must be undertaken by the owner and/or operator to remedy the defects, and the time frame to remedy all areas of non-compliance.
(2) The Administrator of Planning and Zoning must indicate in the notice of non-compliance, whether the conditions are such that the rental dwelling unit must be vacated, or whether steps to bring the unit up to code may continue while the unit continues to be occupied by tenants.
(3) Notice of violations of the code shall be mailed by registered first-class mail to the owners and/or operators of the property and by first-class mail to the tenants within seven business days subsequent to the inspection. The notice of violation shall state the right to appeal and the instructions for making such appeal. Failure to remedy the violation within the time specified in the notice, and the owner fails to appeal within the time specified herein shall be deemed a violation of the code.
(D) Non-periodic inspections. Any rental unit may be subject to non-periodic inspection if any of the following occur:
(1) Upon receipt of a complaint of an owner, operator, occupant or citizen who has reasonable cause to believe that the premises are in violation of this chapter;
(2) Upon receipt of a report or a referral from a Police Department, Fire Department, public or private school, or other public agency that the rental property is not in compliance with this chapter;
(3) Upon reasonable belief that a rental structure is not registered with the city as required by this chapter; and/or
(4) Upon evidence of a violation observed by, or brought to the attention of, the Administrator of Planning and Zoning.
(a) The Administrator of Planning and Zoning is empowered to enter at any and all reasonable times upon and into any premises, building, or structure for the purpose of examining and inspecting with owner or tenant consent. If the owner or tenant fails to permit an inspection, the Administrator may seek a warrant as provided in division (B) above.
(b) If a dwelling unit is required to undergo a non-periodic inspection pursuant to any of the items in division (B) above, the inspection will be based on the same criteria as periodic inspections, and failure to pass will lead to the Administrator of Planning and Zoning nullifying any previously issued certificates of compliance. The Administrator of Planning and Zoning will also establish clear requirements of what must be undertaken by the owner or operator, and what time frame, in order to schedule a reinspection and, when warranted, reissue the certificate of compliance. In addition, an Administrator of Planning and Zoning must indicate whether the conditions are such that the rental unit must be vacated, or whether steps to bring the unit up to code may continue while the unit continues to be rented by tenants.
1. If the rental unit that undergoes a non-periodic inspection passes the inspection, there will be no fee for this inspection.
2. If the rental unit that undergoes a non-periodic inspection fails to pass the inspection, there will be a fee for non-periodic inspection, as well as fees for re-inspections required to establish compliance with this chapter.
(E) Fees. The city shall charge a non-refundable fee for registration and inspections. Fees as set forth in the city’s fee schedule and shall be paid at the time of registration and at the time of the periodic inspection. Any fee under this act shall be set by resolution of the City Council and be based on the administrative cost associated with enforcement of the chapter. The fee for inspection covers the initial inspection. If any subsequent re-inspections are required, the City Council shall establish by resolution a reinspection fee.
(F) Payment. Any fee for required registration, inspection, or re-inspections, including the administrative service fee, shall be paid by the owner or party in interest whose name appears on the city’s real property tax assessment records and/or the person or entity that registered the property.
(1) In the event of non-payment of the required fee, the taxpayer of record shall be notified of the amount of unpaid fees by first-class mail at the address shown on the City Assessor’s records. If he or she fails to pay the amount owed within 30 days after mailing of the notice, the City Assessor shall add the amount to the next tax roll of the city and it shall be collected as provided by law for the collection of city taxes, plus 10% administrative fee for processing the tax information required.
(2) Any unpaid fees or costs assessed under this chapter shall be a lien against the real property and shall be reported to the City Assessor for placement on the real property tax assessment records. Any fees and costs may also be collected as allowed by law. This provision does not limit any other remedies available to the city for violation of this chapter.
(Ord. passed 3-14-2019)