(a) Inspections shall be conducted on the premises upon presentation of proper credentials. Nothing in this chapter shall be construed to require an occupant, operator or owner to consent to a warrantless inspection of a rental unit, dwelling, rooming house or premises except as provided by law.
(b) Any exterior or interior common area, which is accessible to the public, of any building containing more than one (1) rental dwelling unit may be inspected at any time.
(c) Interior inspections of rental dwelling units may be performed at the request or consent of an occupant of a rental dwelling unit or by an owner or agent of an owner of a rental unit that is unoccupied.
(1) Each owner of a rental dwelling unit located in the City of Reynoldsburg shall provide written notice to a tenant of such unit of their right to request an inspection of such unit by the Department of Public Service. Failure to provide such notice shall be deemed a violation of this chapter, subject to the penalty provisions of Section 1397.99.
(2) The Designated City Official may, upon her/his own initiative, submit written notice to the occupant of a rental dwelling unit of their right to request an inspection of their unit for any violation of law.
(3) If the owner, occupant, or agent thereof, does not consent to the proposed inspection, the Designated City Official may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within ten (10) calendar days after the non-consent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the Ohio Residential Building Code, the Property Maintenance Code under Chapter 1711 of the City Ordinances of Reynoldsburg, or any other applicable law. 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 be issued:
A. Eyewitness account of a violation;
B. Citizen complaints;
C. Tenant complaints;
D. Violations in plain view from the public right-of-way;
E. City records pertaining to past violations;
F. Property deterioration;
G. Nature of alleged violation;
H. Passage of time since last inspection;
I. Previous violations on the property.
(d) If a warrant is issued, no owner, occupant, or agent thereof shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the code official or his/her duly authorized designee for the purpose of conducting a rental inspection and examination pursuant to this section and consistent with the terms of the warrant. If the court declines to issue a warrant, or if no warrant is sought, the rental inspection shall be limited to such areas as are in plain view.
(e) Upon occupation of a dwelling unit by a tenant, or if a dwelling has not been inspected for more than two (2) years, the Designated City Official shall send a letter to the occupant(s) advising said occupant(s) of their right to have an inspection with instructions on how to make that request to the Designated City Official.
(f) No criminal penalty, or any penalty or fine under this chapter shall attach solely by reason of the owner's, occupant's or agent's refusal to consent to a full inspection.
(Ord. 28-2021. Passed 3-22-21.)