(A) Each rental dwelling and each dwelling unit shall be subject to inspection for compliance with all applicable ordinances and regulations. Upon passing a successful inspection, each dwelling unit will be issued a certificate of occupancy by the Building Department. A license shall be denied if the rental dwelling or dwelling unit has been inspected and is not in compliance with any applicable ordinance or regulation. In such a case, the licensee may apply for a conditional license.
(B) Initial and subsequent annual licensing inspections shall include the exterior, common areas, basement of the rental dwelling and the individual dwelling units.
(C) The owner or manager will be given at least 30 days’ notice by regular mail prior to any inspection being conducted. Upon receipt of the notice of inspection, the owner or manager shall notify the tenants, on a form provided by the village, of the date and time of the inspection by either placing the completed form under or on the door of the dwelling unit at least 72 hours prior to the inspection. The form shall contain a certification that the owner or manager has served the notice as set forth in this division (C). Each notice shall inform the occupant of their right to refuse to consent to the inspection and to require the village to obtain an administrative search warrant.
(D) If any owner, manager, tenant or other person in control of a rental dwelling or a dwelling unit fails or refuses to consent to free access and entry to the rental dwelling or dwelling unit for any inspection pursuant to this chapter, the Building Official may apply to the circuit court for an administrative warrant or other appropriate court order authorizing such inspection. Such an application shall not be a waiver of the village's right to seek other remedies pursuant to this chapter.
(E) When a licensing inspection reveals any violation, a time period for compliance shall be set by the Building Official in accordance with the village code. The Building Official shall send notice of the violations and the compliance period to the owner or the manager by regular U.S. mail at the address provided on the most recent license application. The notice shall include the following:
(1) Identification of the property.
(2) A statement listing the violations and applicable codes sections.
(3) The time period for compliance.
(4) An explanation that if all violations have not been corrected within the compliance time period the license is subject to revocation and/or nonrenewal.
(F) A licensing re-inspection will be conducted at the request of the owner or manager.
(G) The Building Official shall, prior to entering an occupied building, give the owner or manager a reasonable opportunity to be present during the inspection. Unless otherwise specified in a court order or warrant, the Building Official will not inspect or search any personal property of the occupant. The Building Official will fully consider the privacy and dignity of the occupant and will not enter or open closets, medicine cabinets or the other closed cabinets or lockers unless the inspector has reasonable grounds to believe that to do so would establish evidence of a code violation. If an occupant desires to be present for an inspection and it would result in an unusual hardship for that occupant to be present during regular village business hours, the Building Official shall attempt to conduct the inspection at a time reasonably convenient to the occupant.
(H) (1) Where no consent has been given to enter or inspect any property, no entry or inspection shall be made without the procurement of a warrant from the circuit court, the court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:
(a) Eyewitness account of any violations.
(b) Citizen complaints.
(c) Occupant complaints.
(d) Plain view violations.
(e) Violations apparent from village records.
(f) Property deterioration.
(g) Age of property.
(h) Nature of alleged violation.
(I) Similar properties in the area.
(j) Documented violations of similar properties in the area.
(k) Passage of time since last inspection.
(l) Previous violation on the property.
(2) Cause of issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is reason to believe that a condition of nonconformity exists with respect to a particular rental dwelling in violation of a village ordinance.
(Ord. 2018-002, passed 2-21-18) Penalty, see § 100.99