(a) The Health Commissioner shall ensure the periodic inspection of rental dwellings subject to the provisions governing the issuance of a permit for the operation of such rental dwelling. Tenants or occupants shall be given a minimum of forty-eight (48) hours notice prior to an inspection; however, the forty-eight (48) hour notice may be waived by the tenant or occupant. All units shall be inspected not less than one (1) time per 3 calendar years.
(b) However, at the discretion of the Code Enforcement Official, only twenty-five (25) percent of units need to be inspected in a multi-unit dwelling consisting of six (6) or more units.
(c) All inspections of the dwellings shall be conducted in accordance with the International Property Maintenance Code and the Codified Ordinances of the City of Portsmouth.
(d) The Code Enforcement Official shall make inspections of rental dwellings pursuant to the requirements of this Code or in response to a complaint that an alleged violation of the provisions of this Code has been committed or when the Code Enforcement Official has a valid reason to believe that a violation of the provisions of the Code exists. If upon inspection, a structure, building or dwelling unit is found in violation of this Code, the Code Enforcement Official shall issue to the owner of said structure, building, or dwelling unit or his authorized agent a list of noted violations to be known as a "Notice of Violation". The owner or his authorized agent and/or the occupant(s), as appropriate, shall have a determined amount of days from the issuance of a notice of violation to correct such noted violations. The owner or agent may request and be granted a hearing with the Health Commissioner provided the request for such hearing is made within seven (7) days as specified in the "violation notice". If, after the determined amount of time specified from the issuance of a notice of violation, such noted violations have not been begun in good faith, nearly corrected or corrected, and the owner or agent has not requested a hearing with the Health Commissioner, the Code Enforcement Official shall issue an "Order to Comply". This "Order to Comply" shall list the violations initially found and not begun in good faith, nearly corrected, or corrected as evidenced by sufficient documentation, in the notice of violation. The owner or his or her authorized agent shall have fifteen (15) days from the issuance order to correct such violations. If, after fifteen (15) days from the issuance of an "Order to Comply", such violations are not corrected, the Code Enforcement Official shall issue an order to suspend the permit to operate and/or implement the procedures for Condemnation by the Board of Health, Section 1311.01 of the Codified Ordinances of the City of Portsmouth. The owner or agent may appeal the suspension of their permit by requesting a hearing with the Board of Health, provided the request for such hearing is made within seven (7) days after the suspension of the permit. The tenant will be allowed to remain in the rental property during the appeal, unless the conditions were of such a significant health risk, that the property had been condemned under Section 1311.01 of the Codified Ordinances of the City of Portsmouth.
(Ord. 2014-31. Passed 7-28-14.)