(A) In the event the owner, or the tenant, if occupied, refuses to allow the inspection, the Code Enforcement Officer shall apply for a warrant to make the inspection.
(1) The Code Enforcement Officer is authorized to enter, examine and survey, at reasonable times, all tenant spaces. The owner, or the owner’s representative, and/or tenant of the tenants space shall give the Code Enforcement Officer free access to such tenant space 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. If a tenant’s pet or guard animal is present at the time of the inspection the pet or guard animal shall be controlled, leashed or restrained so the Code Enforcement Officer may move about the tenant space 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 tenants 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 building, or premises.
(B) Every tenant space 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 tenant space or facilities 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 tenant shall give the owner thereof or the owner’s representative access to any part of tenant space, or its premises at reasonable times for the purpose of making 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 and tenant after the inspection an inspection certificate as proof that the tenant space passed inspection. The inspection certificate shall be valid until the next inspection.
(E) If the Code Enforcement Officer finds that a tenant space 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 and tenant of the tenant space. 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 tenant of the tenant space.
(F) Upon notification that a tenant space 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. 2015-03, passed 4-7-2015) Penalty, see § 154.99