(a) All dwellings and dwelling units shall be subject to an inspection by the NOOP Official or his or her designee. Inspections of the property shall be completed in a uniform and non-arbitrary manner pursuant to a written policy created at the direction of the City Manager. Inspections of every dwelling shall occur no less frequently than once every two (2) years under the policy. The policy shall attempt to provide the least inconvenient means as possible to the occupant, including encouraging the completion of inspections during changes of occupancy or vacancy or upon the receipt of identifiable, good faith complaints.
(b) All inspections shall be completed following written notice to the landlord and the occupant of the dwelling. Said notice shall meet the following requirements:
(1) The landlord shall be given advance notice indicating the date and time of inspection, including the property and the unit or units to be inspected.
(2) During all inspections, the NOOP Official shall display appropriate credentials identifying himself or herself as the NOOP Official.
(3) At the scheduled date and time, the landlord and occupant shall provide access to the property for the purposes of conducting the inspection. If no one is present to provide access, the NOOP Official can attempt to reschedule the inspection upon reasonable cause provided by the landlord or occupant. The City may charge a fee for rescheduling the inspection.
(4) If access to the dwelling or dwelling unit to conduct the inspection is refused, the NOOP Official shall apply for and obtain an administrative search warrant, pursuant to law, and upon obtaining said warrant, enter the premises to conduct the inspection.
(c) All inspections shall be conducted in accordance with the following requirements:
(1) The inspections shall be conducted for the protection of the general health, safety and welfare of the dwelling occupants, their guests and invitees, and the general public.
(2) The NOOP Official, or other person designated by the City Manager, shall conduct all inspections and shall verify compliance with a standardized list of health and safety-related items to be inspected that shall be approved by the City Manager or his designee. The items inspected shall be inspected for compliance with the current version of the International Property Maintenance Code in effect, as per City ordinance.
(3) Inspections shall be done in the presence of the landlord and/or occupant or their designee who is eighteen (18) years or older unless the inspection is conducted pursuant to an administrative search warrant and the landlord and occupant both refuse to be present during the inspection, in which event the NOOP Official shall document the refusal in writing and conduct the inspection in the presence of a person to be designated by the City Manager.
(d) In the event that a dwelling or dwelling unit fails to meet the inspection requirements, the NOOP Official shall provide written notice of the violations to the landlord and occupant as provided herein. All violations of the health and safety requirements shall be documented, through written and/or photographic evidence, during the inspection by the NOOP Official. Landlord shall be obligated to ensure that all violations are remedied, and the NOOP Official shall schedule a reinspection within twenty (20) days, unless an emergency condition exists, in which event the NOOP Official shall proceed under Section 829.10
. The reinspection shall be subject to a fee set by resolution of Council, which shall be due upon completion. Failure of a landlord to pay the fee shall be a violation of this Chapter.
(Ord. 02-2024. Passed 4-3-24.)