(A) Inspection. Each dwelling unit in the city intended to be rented, or sought to be rented, any dwelling unit in such real property shall be inspected (interior and exterior) by the Code Official in an effort to ensure compliance with any applicable local, state and federal laws and regulations to help ensure the safety and welfare of tenants living in the community.
(B) Upon refusal of a tenant, occupant or owner to consent to the inspection required under this chapter, the Code Official shall issue a letter of inspection; and such letter shall state that the reason for the issuance thereof is the refusal to allow the inspection.
(C) Within ten days of the date of the letter of inspection, the tenant, owner or occupant may appeal as of right to the Board of Zoning Appeals. The Board may reverse, modify or affirm any determination of the Development Department. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
(D) If the tenant, owner or occupant does not appeal the letter of inspection under division (C) above, the tenant, owner or occupant has 30 days from the date of the letter to allow inspection of the property. If, after the expiration of the 30-day period, the tenant, owner or occupant refuses to allow inspection or demands a warrant for inspection, the Code Official shall obtain a warrant from a court of competent jurisdiction.
(E) The Code Official, in an emergency situation, has the right to enter a building or dwelling where reasonable grounds exist to believe that a condition hazardous to health or safety exists on the premises and requires immediate attention.
(F) For the purposes of this administrative search warrant, probable cause in the criminal law sense is not required. Probable cause justifying the issuance of an administrative search warrant may be based not only on specific evidence of an existing violation, but also on a showing that reasonable legislative or administrative standards for conducting an inspection have been satisfied with respect to the particular property, including but not limited to the passage of time, the nature of the building, or the condition of the entire area.
(G) During an inspection by the Code Official above, the inspection shall include the dwelling unit to be rented including the interior and exterior of any attached or detached accessory structures such as sheds or garages, for compliance with all ordinances, rules and regulations applicable to the construction, condition and appearance of the real property.
(H) Access by owner or operator. Every occupant of a rental unit shall give, upon proper notice, the owner or operator thereof, or his or her agent or employee, access to any part of such rental unit at all reasonable times for the purpose of effecting such maintenance, making such repairs or making such alterations as are necessary to effect compliance with any lawful notice or order issued pursuant to the provisions of the applicable city codes.
(I) Access by Code Official. At all times, regardless of license status, the Code Official or his or her duly authorized designee is hereby authorized to conduct inspections of any rental unit within the city in order to perform the duty of safeguarding the health, safety and welfare of the occupants and the public under the provisions of this chapter. The Code Official shall first make a reasonable effort to locate the owner/operator or other person having charge or control of the rental unit and request entry, giving a minimum of 24-hour notice in the absence of evidence to the contrary. The Code Official will schedule the inspection so that the owner/operator or its representatives can be present during the inspection. The owner/operator shall contact the occupant (if any) of each unit and schedule a date and time for the inspection in accordance with the times made available by the Code Official. The Code Official shall also provide occupant notice of the inspection date and time when scheduled by mailing the notice to the rental unit address. In addition, the owner/operator shall give notice of the inspection date and time, pursuant to R.C. §§ 5321.04(A) and 5321.05(B), to the occupants who are subject to the inspection. The Code Official shall at such time of inspection:
(1) Identify himself or herself and his or her position;
(2) Explain why entry is sought;
(3) Explain that the owner/operator, occupant or other person(s) having charge or control of the rental unit may refuse entry without a search warrant;
(4) The Code Official shall provide documentation of any code violation discovered within ten days after the inspection.
(5) The Code Official shall follow enforcement procedures as specified by the International Property Maintenance Code, as adopted or amended within Title XV of this code of ordinances. The owner/operator shall have the opportunity to correct noted violations in accordance with these provisions.
(J) Search warrant. No owner/operator or occupant or any person having charge, care or control of a rental unit shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the Official or his or her duly authorized designee for the purpose of inspection and examination pursuant to this chapter. If the owner/operator demands a search warrant, the Code Official may enter the property between the hours of 8:00 AM and 5:00 PM Monday through Friday without notification to the owner/operator.
(K) Nothing in this section shall prohibit a Code Official from entering onto a property without notice to the owner upon the request of a tenant asking for an inspection of the premises because of concerns by the tenant that there may be code violations.
(Ord. 6-23, passed 9-5-23)