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§ 154.10 INSPECTION OF THE PREMISES.
   (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)
§ 154.11 CERTIFICATE OF COMPLIANCE REQUIRED.
   (A)   Owner/operator. No owner or operator shall lease or rent a rental dwelling unit, unless there is a valid certificate of compliance issued by the Administrator of Planning and Zoning and the name of the owners. The certificate shall be issued after registration and inspection by the Administrator of Planning and Zoning to determine that each rental dwelling unit complies with the provisions of the codes and ordinances of the city. The only exception to this requirement is during the first certification period during which all rental dwelling units will be inspected over a three-year period.
      (1)   An Administrator of Planning and Zoning must inspect the premises before the certificate of compliance is initially issued. Upon failure of the Building Inspector to conduct an inspection prior to occupancy, the owner or operator may rent the property until the Administrator of Planning and Zoning has conducted an inspection and the owner or operator will not be deemed in violation during that time. If, however, the Inspector’s inability to inspect the premises is due to the owner’s or operator’s action, failure to act, or inability to arrange the inspection after reasonable notice of the intent to inspect, the owner or operator shall not rent the property without a current certificate of compliance as required.
      (2)   Between 30 and 60 days before the expiration date of the certificate of compliance, the city will arrange with the owner or operator for an inspection date and time, and indicate the amount due for the next periodic compliance inspection; said notice shall be by first-class mail to the address as provided by the owner and/or operator. The Inspector shall attempt to inspect the premises before the certificate of compliance expires. Upon failure of the Inspector to conduct an inspection prior to expiration of the certificate of compliance, the owner or operator may rent the property until the Inspector has conducted an inspection, and the owners and operators will not be deemed in violation during that time. If, however, the Inspector’s inability to inspect is due to the owner’
   (B)   Certification. Once certified, the unit will be issued a certification placard by the city. Emergency contact information and the Planning and Zoning Office contact information will be included in said placard as well as date of certification. Placed near the entrance in interior at a visible location.
   (C)   Warrants.
      (1)   In a non-emergency situation, if a registered owner, registered agent or occupant demands a warrant for inspection of the premises, the Administrator of Planning and Zoning shall obtain a warrant for inspection from a court of competent jurisdiction.
      (2)   The Administrator of Planning and Zoning shall prepare the warrant, stating the address of the structure to be inspected, the nature of the inspection, as defined in this chapter or other applicable codes or statutes, and the reason for the inspection.
      (3)   The warrant shall be issued. If the court finds the warrant is in proper form and in accordance with this chapter, it shall be issued forthwith.
      (4)   In the event of an emergency, no warrant shall be required.
      (5)   The tenant shall notify the landlord of any problems first before contacting the city.
(Ord. passed 3-14-2019)
§ 154.12 APPEALS.
   (A)   Appeal procedure. Any owner or operator affected by any notice of violation which has been issued under this chapter may request and shall be granted a hearing on the matter before the city Zoning Board of Appeals (ZBA). An appeal from a ruling of the Planning Commission or Zoning Administrator under this chapter concerning the enforcement of the provisions of this may be made to the ZBA within such time as shall be prescribed by ZBA in compliance with state statute. The applicant shall file with ZBA a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to ZBA all documents concerning the appeal. The notice requirements under state law shall be met as to the matters heard by ZBA.
   (B)   Hearings. ZBA shall fix a reasonable time for the hearing of an appeal and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. ZBA actions shall be in the form of a resolution clearly setting forth ZBA decision. ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all the powers of the office or board or commission from whom the appeal is taken.
   (C)   Decisions and powers of the city’s Zoning Board of Appeals.
      (1)   After a hearing, the ZBA may sustain, modify, or withdraw the notice of violation depending upon its findings. In rendering these determinations, the powers of the ZBA shall be strictly limited to making interpretations of the provisions of this chapter, to the applicability of its specific provisions to the specific case being heard, and to granting exemptions to the provisions of this chapter. In granting exemptions, the ZBA shall be allowed to grant an exemption if it clearly appears that, by reason of special condition, undue hardship would result from strict application of any section of the chapter. However, no exemption shall be granted if the same would result in either the purpose or intent of this chapter, or of any particular sections at issue, being nullified, in reviewing a request for an exemption, the ZBA shall consider the following to determine whether an exemption would be appropriate:
         (a)   Whether there are exceptional or extraordinary conditions applying to the property that do not apply to other similar properties;
         (b)   Whether the exceptional or extraordinary conditions resulted from the action of the property owner;
         (c)    Whether there exists alternative or equivalent methods or materials that would allow the purpose and intent of the particular sections at issue to be satisfied;
         (d)   Whether the granting of an exemption would result in a substantial detriment to the property; and
         (e)   Whether the exemption requested is the minimum exemption possible that would still allow the purpose and intent of the particular sections at issue should be met.
      (2)   The ZBA may permit an exemption for mandatory provisions in such a manner that public safety shall be secured, substantial justice done, and the spirit and intent of the provisions of this chapter are upheld. In no case shall this Board grant an exemption which would lessen the safety, health and welfare requirements of this chapter. Any exemptions granted shall be for this chapter and shall not, and cannot, waive the requirements and provisions of any other ordinance or law. All decisions rendered under this chapter shall be in writing and shall be final. A copy of the decision shall be mailed to the appellant at the address shown on the appeal. Failure of the appellant or his or her representative to appear and state his or her case at the hearing, shall have the same effect as if no appeal was filed and the ZBA shall proceed to deny the appeal and affirm the notice of violation.
      (3)   ZBA shall meet in a fixed place and all meetings shall be opened to the public. The ZBA shall keep a record of its proceedings, showing the actions of the ZBA and the vote of each member upon each question considered. These records shall be considered public records.
      (4)   The decision of ZBA shall be final. However, a party aggrieved by the order or decision may appeal the decision to a court of competent jurisdiction as provided by state statutes and court rules.
(Ord. passed 3-14-2019)
§ 154.13 RULES AND REGULATIONS.
   The Administrator of Planning and Zoning is hereby empowered to promulgate such rules and regulations as shall be necessary for the enforcement of this chapter subject, however, to the approval of the City Manager. When the rules and regulations made hereunder have been adopted and promulgated by the Administrator of Planning and Zoning and approved by the City Manager, they shall be deemed to be as complete and binding a part of this chapter as if the same were herein specifically set forth; and the violation of any of said regulations so adopted shall be deemed a violation of this chapter. Copies of such rules and regulations shall be placed on file in the office of the City Clerk for inspection by interested parties at any reasonable time.
(Ord. passed 3-14-2019) Penalty, see § 10.99