1737.03. Inspection of homes; fees; cooperation; prohibition; cease and desist order.
   (a)   The Board of Health shall adopt procedures to be followed in inspections of such homes. Each home shall be inspected by the Commissioner of Health or his agent, and/or the Ombudsman at least once prior to the issuance of a license and at least once annually thereafter. The Fire Prevention Bureau of the City Fire Division shall also inspect a home prior to issuance of a license, at least once annually thereafter, and at any other time requested by the Commissioner.
   (b)   The Commissioner or his agent, or personnel of another department of the City acting at the request of the Commis-sioner, and/or the Ombudsman may inspect and conduct investigations of a home applicant or licensee at any time to determine compliance with applicable State and local laws, and any rules promulgated thereunder. Such inspections may be conducted without notice.
   (c)   The Commissioner shall charge fees for inspections and reinspections, if necessary, of homes as established by the Board of Health.
   (d)   Every person shall cooperate with the Commissioner, his agents or personnel of another department or agency of State or local government acting at the request of the Commissioner, and the Ombudsman in the inspection and investigation of a home by:
      (1)   Providing access to the premises of the home.
      (2)   Providing access to pertinent records upon request.
      (3)   Permitting the Commissioner or his agent, or the agents of other State or local agencies or the Ombudsman to directly communicate with residents.
      (4)   Providing any other information as is necessary to determine compliance with applicable State and local laws and any regulations adopted pursuant thereto.
   (e)   Willful failure of any person, administrator, licensee or any other person in control to cooperate with the Commissioner or his agents, or personnel of another department of State or local government acting at the request of the Commissioner or the Ombudsman in connection with an inspection shall be grounds for denial, revocation or refusal to renew a license.
   (f)   If an administrator, licensee, occupant or other person in control of the home subject to the provisions of this chapter and other State or local laws, and regulations adopted pursuant thereto, shall willfully refuse, impede, inhibit, interfere with, restrict or obstruct entry and free access to any part of the home where inspection authorized by this chapter and other State or local laws and any regulations adopted pursuant thereto, is sought, the Commissioner may seek in a court of competent jurisdiction, an order that such administrator, licensee, occupant or other person in control, cease and desist with such interference.
(Ord. 735-89. Passed 8-1-89.)