(A) The Health Officer and Building Commissioner are hereby authorized and directed to make inspections to determine the condition and compliance with all applicable city ordinances of dwellings, dwelling units, rooming units and premises located within the city, in order that they may perform their duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
(B) For the purpose of making the inspections, the Health Officer and Building Commissioner are hereby authorized to enter, examine and survey, at all reasonable times, all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Health Officer and Building Commissioner free access to the dwelling, dwelling unit or rooming unit and its premises at all reasonable times, for the purpose of the inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his or her agent or employee, access to any part of the dwelling or dwelling unit of the premises at all reasonable times for the purpose of making the repairs or alterations as are necessary to effect compliance with the provisions of this subchapter, or with any lawful rule or regulation adopted, or any lawful order issued pursuant to the provisions of this subchapter.
(C) Unless waived by either the owner or tenant, the following procedure shall be used to obtain entry to real estate for the purpose of inspection. The Building Commissioner shall cause written notice to be mailed to the owner of the rental unit or premise, or his or her agent, setting forth a time period with date and time for an inspection on an inspection confirmation form provided by the Building Commissioner. The owner or his or her agent shall have ten days from the notice issuance date in which to submit the complete inspection confirmation form, which shall confirm the, date and time for the inspection.
(D) The owner and/or tenant shall be responsible for granting the Building Commissioner access to the real estate property. In the event the owner and/or tenant refuses entry to any given rental unit or premise for inspection pursuant to this chapter, the appropriate county court shall be utilized by the city to obtain a warrant for entry and inspection as provided in this chapter. If the owner and/or tenant does not consent, the Building Commissioner or designee shall request a warrant of entry from a court of appropriate jurisdiction to conduct an inspection of the rental unit to determine whether it complies with this chapter or other city ordinances. The Building Commissioner or designee shall conduct an inspection, as authorized by such warrant of entry.
(E) The Common Council has determined that the inspections provided in this chapter for all real estate constitutes a reasonable method to protect the health, safety, and welfare of its citizens.
(F) In the event of an inspection and notice of violations being sent to a person owning a dwelling unit, the person may provide the Building Commissioner with documentation substantiating completion of repairs required as part of the notice. If the Building Commissioner is not satisfied with the documentation, he or she may conduct a re-inspection of the real estate property. Any subsequent inspection after a re-inspection shall be assessed a fee of $75, unless exempted by state statute. The Building Commissioner shall file with the County Recorder/Auditor a lien against the property, which may be foreclosed as other similar liens, for any inspection fee that remains unpaid for 90 days after legal notice of the fee is served upon the person owning the real estate.
(Ord. G-69-352, passed 3-7-1969; Ord. G-16-10, passed 10-3-2016)