(A) Any application made under this subchapter shall constitute an acknowledgment and consent on the part of the applicant to authorize the city to make inspection of the multi-family dwelling structure in accordance with the requirements of this subchapter. The landlord or owner will provide access to the multi-family dwelling structure and dwelling units, as appropriate, to the Community Development Director during reasonable business hours. Inspections for renewal certificates of registration must be permitted by the multi-family dwelling structure owner or landlord prior to December 31 of each preceding year.
(B) All inspections made under this subchapter are limited to inspecting the condition of the multi- family dwelling structure and dwelling units, as appropriate, to ensure compliance with all city codes.
(C) No inspection made under this chapter will be used to prosecute any other type of city code, ordinance, rule or regulation except as established in this subchapter, nor will any visual or physical evidence collected during an inspection made under this subchapter be admissible in or used for any other city code, ordinance, rule or regulation enforcement action, including any actions normally undertaken by the Police Department.
(D) (1) Where no consent has been given to enter or inspect a multi-family dwelling structure or dwelling unit, as appropriate no entry or inspection will be made without the city first obtaining a warrant from the circuit court. The court may consider any of the following factors, along with other matters as it deems pertinent, in its decision as to whether or not to issue a warrant:
(a) An eyewitness account of a violation;
(b) Citizens’ complaints;
(c) Tenant complaints;
(d) Plain view violations;
(e) Violations apparent from city records;
(f) Property deterioration;
(g) The age of the property;
(h) The nature of the alleged violation;
(i) Similar properties in the area;
(j) Documented violations of similar properties in the area;
(k) The passage of time since the last inspection; and
(l) A previous violation on the property.
(2) Cause for issuance of a warrant shall be deemed to exist when, based on reasonable legislative and administrative standards, there is reason to believe that a violation of a city code exists with respect to a particular multi-family dwelling structure.
(Ord. 2008-02-160O, passed 3-25-2008)