(a) Director of Inspections to be Property Maintenance Officer. The Building Inspector and/or assistant is hereby designated to serve as the Property Maintenance Officer hereunder and all inspections, regulations, enforcement and hearings on violations of the provisions of this Real Property Maintenance Code, unless expressly stated to the contrary, shall be under his direction and supervision. He may appoint or designate, subject to the approval of the Mayor, such other public officials or employees of the City to perform duties that are necessary to the enforcement of this Code, including the making of inspections.
(b) Inspections; Residential and Nonresidential. All buildings and premises subject to this Code are subject to inspections at all reasonable times from time to time by the Property Maintenance Officer. At the time of such inspections, all exterior parts of the premises must be available and accessible for such inspections and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made during regular open hours of the business occupying the premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
(c) Conduct of Inspectors. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
(d) Refusal of Access.
(1) Search warrant/access warrant. Where the Property Maintenance Officer or his agent is refused access to the property or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, the Property Maintenance Officer may, upon affidavit, apply to the Lorain Municipal Court for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code exists on the premises. If the Court is satisfied as to the matter set forth in the affidavit, the Court may authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. A warrant for access may be issued by the Court upon affidavit of the Property Maintenance Officer establishing grounds therefor.
(2) Penalties. If the Property Maintenance Officer is thereafter refused access to the property or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such owner, occupant or operator shall be in violation of this Code and subject to the penalties provided in Section 1395.99
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(e) Procedure Where Violation Discovered.
(1) Written notice. Where a violation of this Code, or the regulation promulgated pursuant thereto is found to exist, a written notice from the Property Maintenance Officer shall be sent via regular U.S. mail to the last known address of the owner of the premises. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The date of service of the notice shall be the day of mailing.
Notwithstanding any other provision of this Code, where premises are subject to registration pursuant to Section 1361.02, and have been so registered, notice served upon the agent designate therein shall constitute service upon the owner, operator and lessor of the premises, jointly and severally. Where the owner, operator or lessor has failed to register the premises as required by Section 1361.02, or if the present premises have been registered and the agent designated therein cannot be found at the address given in the registration, the owner, operator or lessor affected thereby may be served by posting notice upon the premises in a conspicuous place as near to the front entrance thereon as possible.
(2) Referral of violations. Any violation of any ordinance other than this Code discovered by the Building Inspector or his representative shall be reported to the official or agency responsible for the enforcement of such ordinance.
(3) Should any violations of this Code remain uncorrected after ten (10) days from the date of the mailing of notice provided for at subsection (e)(1) herein, the violation(s) may be prosecuted by the filing of a complaint by the Property Maintenance Officer in either the Sheffield Lake Mayor's Court, or the Lorain Municipal Court, pursuant to Section 1395.99 of this Code.
(Ord. 14-24. Passed 4-9-24.)