(A) Authority. The Code Official shall enforce or cause the enforcement of this subchapter. The Code Official shall have the power to render interpretations of this subchapter in conformity with the intent and purpose of this subchapter.
(B) Compliance inspections. When the Code Official or a Health Officer has reasonable cause to believe that a condition exists in regard to a rental dwelling or the premises that violates this subchapter including, but not limited to, a tenant complaint made in good faith, the Code Official or Health Officer may enter the rental dwelling, in accordance with § 10.20 to inspect, re-inspect, or otherwise perform the duties imposed by this subchapter. No such entry shall be made, however, unless:
(1) The owner, manager or tenant permits entry;
(2) The Code Official or Health Officer secures an administrative warrant from a court with jurisdiction; or
(3) An emergency exists.
(C) Compliance order. If the Code Official or Health Officer finds that any violation of this subchapter has occurred, the Code Official or Health Officer may immediately seek to enforce the violation. In the alternative, the Code Official or Health Officer may prepare a compliance order listing all violations and the date or dates when such violations must be corrected. If a compliance order is issued, the owner, manager or tenant shall correct all violations, or cause them to be corrected, within the time limit set forth by the Code Official or Health Officer. Any violation timely corrected in compliance with such an order shall be deemed remedied by the city and shall not form the basis for a rental license suspension or revocation. Extensions of time to correct may be granted by the Code Official or Health Officer. A request for extension of time shall be made and delivered to the Code Official or Health Officer prior to the expiration date of the applicable correction period. Extensions may be granted by the Code Official or Health Officer upon due evidence shown that the owner, manager or tenant, as applicable, is using all reasonable means to timely correct the violation.
(D) Notice to vacate. The Code Official may post any rental dwelling unit as being in violation of this subchapter and prevent further occupancy by a tenant if a rental dwelling unit is determined, in the opinion of the Code Official and as defined in this subchapter, a substandard dwelling unit. At the time of posting, notice shall be sent to the owner via U.S. mail. Existing tenants shall have 45 days to vacate a posted rental dwelling unit if they are in occupancy at the time of posting, except that occupants shall immediately vacate a posted rental dwelling unit if such occupancy will cause imminent danger to the health or safety of the tenants. No person, other than the Code Official shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or rental dwelling which has been posted to prevent occupancy, except as set forth herein.
(Ord. 83C, passed 2-16-2011) Penalty, see § 151.99