(a) Application. An application for a certificate of authorized occupancy shall be made annually and separately for each rental unit and/or multiple dwelling to the Building Commissioner on forms supplied by him and shall be accompanied by the fee required by the provisions of this chapter. The annual application shall be made by December 31 of the previous calendar year for which the application is made and be in writing by supplying necessary information to determine compliance with applicable laws, ordinances, rules and regulations for the existing use or occupancy or the intended use or occupancy. Such information shall include, but need not be limited to, the following:
(1) The name, address and telephone number of the owner of the property;
(2) The name, address and telephone number of the agent or person in charge of the property, if any;
(3) The address of the property and the number of dwelling units contained in the dwelling structure;
(4) The current name, address, and telephone number of the persons who, since the last application, have been occupying the dwelling unit, and the address or identification of the dwelling unit which they occupied; and
(5) The familial relationship, if any, among the persons listed in paragraph (a)(4) above;
The Building Commissioner may require the submission of an affidavit stating the foregoing information. Should any of the required information change during the period for which a certificate is issued, such changes shall be timely conveyed to the Building Commissioner to allow for up-dating of records.
(b) Applications for a certificate of authorized occupancy pursuant to this chapter that are requested to be issued for the year in which the application is made and that are issued by the Building Commissioner shall only be effective through December 31 of that year.
(c) Inspection. The Building Commissioner shall inspect or cause to be inspected the interior premises and exterior premises and property areas of the dwelling structure used for rent or lease within thirty (30) days of the initial application for a certificate of authorized occupancy. The purpose of the inspection is to enable the Building Commissioner to list any repairs or other work necessary to eliminate any unsafe or hazardous conditions, to ensure compliance with applicable requirements of the Planning and Zoning Code, Building Code, Fire Prevention Code and other relevant ordinances, and also to correct any unlawful nuisance conditions.
(d) If the owner, occupant, or agent thereof does not consent to the inspection provided for in subdivision (b) of this section, then the Building Commissioner, or the Commissioner’s agent may appear before a 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 Planning and Zoning Code, Building Code, and Fire Prevention Code. 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:
(1) Eyewitness account of violation;
(2) Citizen complaints;
(3) Tenant complaints;
(4) Plan view violations;
(5) Violations apparent from city records;
(6) Property deterioration;
(7) Age of property (or the septic system);
(8) Nature of an alleged violation;
(9) Condition of similar properties in the area;
(10) Documented violations on similar properties in the area;
(11) Passage of time since last inspection; and/or
(12) Previous violations on the property.
(e) If, a warrant as referred to in subdivision (c) of this section, is issued, no owner, occupant, or agent thereof shall fail or neglect, upon presentation of a warrant, to properly permit entry of the subject premises by the Building Commissioner or the Commissioner’s authorized designee.
(f) If the court declines to issue a warrant, or if no warrant is sought, the inspection shall still take place but the scope thereof shall be limited to such areas that are in plain view. However, if the Building Commissioner only conducts a limited scope inspection of areas in plain view, the owner or the owner’s authorized agent shall be obligated to notify the prospective tenant or lessee, in writing, within ten (10) days of notice to the owner or the owner’s authorized agent of the limited scope inspection by the Building Commissioner and that the property has not been fully inspected by the Building Commissioner. No criminal penalty shall attach solely by reason of the owner’s, occupant’s or agent’s refusal to consent to a full inspection by the Building Commissioner.
(g) Issuance. If a full inspection has occurred and it is found that a rental unit is in compliance with the provisions of this Code and all other laws, ordinances, rules and regulations applicable thereto, the Building Commissioner shall issue a certificate of authorized occupancy valid until December 31 of the calendar year for which the certificate is issued. A certificate of authorized occupancy for such rental unit shall contain the following information:
(1) The street address or other identifying characteristics of the dwelling structure.
(2) The name and address of the owner, and if the owner does not reside on the premises, the name and address of the resident agent in charge or the dwelling structure, and the name and address of the nonresident agent, if any.
(3) The exact nature and extent of the use or occupancy authorized.
(4) The period for which such certificate of authorized occupancy is issued.
(h) Certificate must be valid. Such certificate shall be valid through December 31 of the calendar year for which it is issued unless there is a change or alteration of the premises which revises the authorized occupancy, or until there is a change in the ownership of the premises. (Ord. 68-2018. Passed 6-26-18.)