(a) Inspections; authority of the Code Official. The Code Official is hereby authorized to make or cause to be made inspections of all structures and premises used for residential purposes, and of all secondary or accessory structures, in accordance with the provisions of this Code.
(b) Right of entry. Upon presentation of proper credentials, the Code Official may enter, with the permission of the occupant, or at such times as may be necessary in an emergency, any dwelling, building, structure or premises in the city to perform any duty imposed on such official by this Code. If, however, the occupant refuses permission to enter, no entry shall be made without first obtaining a warrant.
(c) Inspection reports and procedures.
(1) Upon completion of an inspection, an inspection report will be issued to the owner/agent and occupant of the rental property within three weeks. Any violations enumerated in the inspection report shall be abated within 30 days from the date of the inspection report, unless an extension is otherwise approved by the Chief Building Official. The Chief Building Official shall also be authorized to require immediate correction of a violation if it is determined that an immanent threat to the health, safety or welfare of the occupants and/or neighbors exists. A re-inspection shall be required to verify that the violations have been corrected. It shall be the responsibility of the property owner to contact the Chief Building Official to schedule the required inspection.
(2) Failure to correct any violations within 30 days of the date of the inspection report shall constitute a violation of this chapter. Upon request, the Chief Building Official shall have the discretion to grant additional time to correct the violations.
(d) Revocation of a permit. The Chief Building Official shall have the authority to revoke any rental unit occupancy permit if it is determined that any false information has been provided in connection with the issuance of such permit, or if the building or rental unit thereof is found to be in noncompliance with the requirements of this chapter, or if the owner, agent or person in charge of a building or rental unit thereof refuses to comply with any provision of this chapter.
(e) Emergency cases; order to vacate premises.
(1) Whenever the Chief Building Official, operating in the capacity of the Code Official, determines that the condition of a structure or premises, or any part thereof, constitutes an immediate hazard to human life or health, the Chief Building Official shall declare that a case of emergency exists and shall order immediate vacation of the structure or premises, or any part thereof.
(2) Whenever the Chief Building Official orders a structure or premises, or any part thereof, to be vacated, said official shall cause to be posted at every entrance to such structure or premises, or any part thereof, a placard warning of the existence of such vacation order. No person shall remove or deface such placard until the required repairs or demolition are completed, and written authorization from the Chief Building Official shall be required to remove such placard. No person shall enter or use any structure or premises or part thereof that has been posted as prescribed herein, except for the purpose of making the required repairs or demolition.
(f) Penalties and legal actions.
(1) Misdemeanor offense.
A. The owner, agent, person in charge or occupant of any residential rental unit that is in violation of any provision of this chapter shall be guilty of a misdemeanor of the second degree. Each separate violation shall constitute a separate offense, and a separate offense shall be deemed to be committed for each day during which the violation or noncompliance occurs or continues.
B. Should any specific offense for which the owner, agent, person in charge or occupant has been found guilty in any court of law be repeated within a two-year period of the date of the conviction for such offense, such owner, agent, person in charge or occupant shall be guilty of a misdemeanor of the first degree. Each separate violation shall constitute a separate offense, and a separate offense shall be deemed to be committed for each day during which the condition or noncompliance occurs or continues.
(2) Mandamus, injunction and abatements.
A. In addition to any other remedies provided under this chapter, the Director of Law or Prosecutor/Director of Law may, upon violation of this chapter having been brought to his or her attention, institute injunction, mandamus, abatement or any other appropriate action.
B. The city shall reserve the right to enforce the provisions of this chapter, separately or in any combination, against any owner, agent, person in charge or occupant of any residential rental unit.
(g) Right of appeal. The owner, agent, person in charge or occupant of any structure or premises shall have the right to appeal any order or written notice issued by the Code Enforcement Official in accordance with § 1404.06 of the Building and Housing Code.
(h) Referral to city schools. The city shall refer all information relating to the specific location, ownership and occupancy of each rental unit within the city, including any modifications in such ownership and/or occupancy that may subsequently occur, to the Superintendent of the City of Solon Schools.
(Ord. 2011-111, passed 9-7-2011)