(A) (1) All dwellings subject to this subchapter shall be inspected at least once every three years. In addition, all dwellings subject to this subchapter shall be inspected prior to any transfer of ownership and shall be subject thereafter to the triennial inspection. In cases where an authorized agent other than the owner has been designated to receive notices of code violations, written notice of the date of the inspection shall be given to the agent and dwelling occupant at least 15 days prior to the date of the inspection. Otherwise, written notice of the date of the inspection shall be given to the owner of the property and the dwelling unit occupant 15 days prior to the date of its inspection. The notice shall advise the owner or authorized agent and occupant of the inspection, his or her right to refuse inspection of the dwelling unit, and the village’s right to seek issuance of an administrative search warrant in the event of any refusal. No inspection of an occupied dwelling unit shall occur without the consent of the tenant/occupant unless an administrative search warrant is obtained. It shall be the responsibility of the owner or the designated agent or the occupant to be present at the dwelling unit on the date and time of inspection to provide access for inspection.
(2) Property owners wishing to deny access to their property and wishing to have the village obtain an administrative search warrant shall provide the following to the village in writing for each property:
(a) Owner name and address (agent if applicable); and
(b) Property address and tax identification number.
(3) The village will recognize and record these denials for access when the above information is provided for each property. An owner’s denial of access shall not preclude a tenant from granting access.
(4) The village will make every reasonable effort to recognize any other Constitutionally recognized method of refusing access to a building, but will recognize denials for access when the above information is provided for each property.
(B) Nothing in this section shall preclude the inspection of any premises subject to this subchapter more frequently than set forth in division (A) above; provided, however, that, any inspection more frequent than set forth in division (A) above shall be based upon a citizen complaint or other indicia that is more probable than not that a housing violation exists.
(C) In addition to the inspection pursuant to division (B) above, owners, with the consent of tenants/occupants, may request a full Minimum Housing Code inspection for their rental properties. If, after inspection, the property is found to be in compliance with the full Minimum Housing Code, photographs shall be taken by the inspector to verify that the property meets the Minimum Housing Code. These pictures and the testimony of the Inspector may be utilized by the landlord against any tenant who destroys or damages the landlord’s rental property.
(D) Prior to renting any dwelling unit to a new tenant, the village shall inspect the premises to ensure that the dwelling unit is in full compliance with the applicable village codes. No inspection shall be required hereunder for lease renewals.
(Ord. 05-08, passed 5-10-2005)