(A) In the event the owner, or the tenant, if occupied, refuses to allow the inspection, the Code Enforcement Officer or the Rush County Health Department shall apply for a warrant to make the inspection.
(1) The Code Enforcement Officer, or the Rush County Health Department is authorized to enter, examine and survey, at reasonable times, all rental units. The owner, or the owner’s representative, and/or occupant of every rental unit shall give the Code Enforcement Officer free access to such rental unit and its premises at reasonable times for the purpose of such inspection, examination, and survey, provided; however, that such Code Enforcement Officer has, prior to entry thereof, positively identified himself or herself as a person authorized pursuant to this subchapter to enter upon the premises. At the time of each inspection all pets must be controlled so that the Code Enforcement Officer can move about the rental unit and surrounding property without interruptions.
(2) The owner or the owner’s representative shall be entitled to 72 hours’ written notice from the Code Enforcement Officer prior to conducting the inspection, examination, or survey. The owner or the owner’s representative shall be responsible for notifying the occupant of any rental unit of the inspection when he or she receives notice of the intent to inspect.
(3) This provision shall not be construed to limit, or restrain the right of the Code Enforcement Officer to make an inspection of any other budding, or premises.
(B) Every rental unit operated and maintained in the city may be subject to an annual inspection by the Code Enforcement Officer, or his or her designee. The inspection shall be made to ascertain that the facility conforms to all requirements of this subchapter, and any other ordinance of the city, and all statutes of the State of Indiana regarding such facilities.
(C) Every occupant of a rental unit shall give the owner thereof or the owner’s representative access to any part of such rental unit, or its premises at reasonable times for the purpose of making such repairs, or alterations as are necessary to effect compliance with the provisions of this subchapter.
(D) The Code Enforcement Officer shall issue to the owner, after the inspected rental unit an inspection certificate as proof that the unit passed inspection. The inspection certificate shall be valid until the next inspection.
(E) At each change of occupancy, the owner or the owner’s representative shall provide the occupant with a copy of the inspection certificate. In the case of hotel or rooming house, the inspection certificate shall be posted in a conspicuous place within the facility.
(F) If the Code Enforcement Officer finds that a rental unit fails to comply with any other ordinance of the city, or any statute of the State of Indiana, he or she shall give notice of the alleged violation to the owner of the rental unit. The notice shall be in writing, and shall reasonably describe the violation found. The notice shall further specify the date by which the violation must be corrected. The notice shall be served upon the owner or the owner’s representative, and the occupant of the rental unit.
(G) Upon notification that a rental unit has not obtained a rental certification, the Code Enforcement Officer may inspect such premises upon 24-hour notification to the owner of the property, for the purpose of determining if any inspection certificate is required. If access cannot be obtained, the Code Enforcement Officer may obtain an inspection warrant.
(Ord. 2014-10, passed 7-15-2014; Am. Ord. 2014-15, passed 7-15-2014)