(A) In addition to the initial inspections, annual inspections and termination of tenancy inspections, the Director of Community and Economic Development may, upon reasonable suspicion or notice received by the city of any violation of the Property Maintenance Code or other applicable laws, ordinances, rules, or regulations or the orders or determination of the Director of Community and Economic Development, serve the owner or managing agent with a notice of potential violation and schedule an inspection to determine if such a violation is present. Following the inspection, the owner or managing agent shall be notified, in writing, of any corrective work that may be required and of a time by which such work must be performed. If any of the violations identified in the notice of potential violation is not corrected within the applicable period during which the violations are to be corrected, the Director of Community and Economic Development may then commence enforcement proceedings as provided in § 121.08 of this chapter.
(B) If the owner or managing agent of a rental dwelling does not correct any violations of the Property Maintenance Code or other applicable laws, ordinances, rules, or regulations or the orders or determination of the Director of Community and Economic Development, as identified on the most recent “Field Inspection Report,” the Director of Community and Economic Development may issue a “Notice of Violation/Citation.”
(C) If the owner or managing agent cited as stated above is convicted of such a violation(s), the penalty shall be not less than $150 and not more than $1,000, and each day that the violation continues shall be deemed a separate violation. If a licensee is convicted of a violation of this chapter, the rental dwelling license may be suspended or revoked as provided in division (D) of this section.
(D) In addition to the penalties provided for in division (C) of this section, if compliance with the Property Maintenance Code, or other applicable laws, ordinances, rules, or regulations, or the orders or determination of the Director of Community and Economic Development, is not achieved within the required time, as stated by the “Notice of Violation/Citation,” the rental dwelling license may be suspended by the Director of Community and Economic Development. The owner or managing agent may, within seven days after notice of such suspension, make a written request for a post-suspension hearing with the City Administrator, after which the City Administrator may grant additional time to correct the violation or revoke the license. In the event that the Director of Community and Economic Development determines that there is an emergency condition that causes a hazard to life, health, or safety, the Director of Community and Economic Development may immediately suspend the license.
(E) The imposition of any penalty pursuant to divisions (C) or (D) of this section shall not preclude the city from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance; to restrain, correct, or abate a violation; to prevent the occupancy of a building, dwelling, or dwelling unit; or to require compliance with the provisions of the Property Maintenance Code, or other applicable laws, ordinances, rules, or regulations, or the orders or determination of the Director of Community and Economic Development. For such purpose, the Director of Community and Economic Development may notify the City Administrator and City Attorney and request that legal action be instituted as may be required to effect compliance.
(F) If the owner, a managing agent, or a tenant of a rental dwelling does not permit any authorized city official access to the property, the rental dwelling, or the building in which such dwelling is located, the Director of Community and Economic Development may seek an administrative search warrant to gain access thereto without the consent of the owner, managing agent, or tenant.
(Ord. 06-05, passed 6-3-06; Am. Ord. 08-2, passed 5-13-08; Am. Ord. 13-54, passed 11-12-13; Am. Ord. 16-9, passed 2-9-16; Am. Ord. 17-26, passed 11-28-17; Am. Ord. 22-24, passed 8-23-22)