(A) It is the purpose of this section to ensure that all rental units in the city are decent, safe, sanitary and operated and maintained in a manner that avoids the creation of a nuisance to the neighborhood, an influence that fosters blight and deterioration, or creates a disincentive to neighborhood reinvestment. The Council finds that providing for the public health, safety and welfare of its citizens occupying rental units requires a program that not only corrects substandard housing conditions and enforces a minimum habitability standard for rental units, but that also provides for the quiet enjoyment of the normal activities of life for occupants of rental properties and for the neighborhoods in which such rental properties are located.
(C) Applicability of section. This section shall apply to all rental dwellings, rental dwelling units, housekeeping units, rooming units, rental units, buildings and premises located within the city, except that it shall not apply to suites and sleeping rooms in hotels, motels, or motor inns which are let to the public for periods of less than one month and to common areas in such hotels.
(D) Inspections; enforcement; fees.
(1) For the purposes of attaining uniform acceptable building and maintenance standards in the city and enforcing this chapter, the Code Official is hereby authorized to enter, examine and survey, between the hours of 8:00 a.m. and 5:00 p.m. all dwellings, dwelling units, housekeeping units, rooming units and other building and premises. The Code Official, prior to making such inspection, shall inform the owner or their agent of the date and time of the inspection by written notice. After notice has been given, the owner, occupant or the person in charge of the premises to be inspected, shall give the Code Official free access to conduct the inspection. Nothing in this section shall be construed to prohibit the entry of the Code Official:
(a) At any time when in the opinion of the Code Official an actual emergency tending to create an immediate danger to public health and safety exists; or
(b) At any time when such inspection, examination or survey may be requested by the owner or occupant;
(2) When an order to correct as provided in this chapter has been issued, the Code Official is hereby authorized to enter and re-inspect the premises. The re-inspection shall be made by the Code Official and any other public officers as deemed appropriate by the Code Official. The owner, occupant or the person in charge of the premises shall give free access to the premises for the re-inspection;
(3) Every occupant of a rental dwelling, dwelling unit or housekeeping unit shall give the owner thereof, or his agent or employee, access to any part of the premises, at all reasonable times, for the purpose of making repairs or alterations necessary to effect compliance with the provisions of this chapter or any lawful order issued pursuant to this chapter.
(E) Service of notice and orders.
(1) Whenever the Code Official determines that there exists a violation of any provisions of this chapter, notice of the violation shall be issued to the owner of record or the owner's agent if known, as hereinafter provided. Such notice shall:
(a) Be written;
(b) Identify the violations;
(c) Provide a correction deadline. In determining the deadline, the Code Official shall consider, along with all other pertinent factors, the nature and extent of the work involved, the season of the year and the existence of any immediate danger to public health and safety;
(d) The notice may be delivered by any reasonable means including, but not limited to personal delivery, e-mail notification or by United States mail, postage prepaid, to the last known address of the owner or owner's agent, or by posting the notice in a conspicuous place on or about the premises;
(2) Notices served pursuant to this section shall become final orders unless an appeal is filed as provided in § 10.40(F). All final orders shall be complied with or the premises vacated by the deadline provided in the order;
(3) Whenever the Code Official finds that an emergency exists which requires immediate action to protect the public health and safety, the Code Official may, without notice or hearing, issue an order declaring the existence of such an emergency and requiring that such action be taken as deemed necessary to meet the emergency notwithstanding the other provisions of this chapter. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately.
(F) Appeals. Any property owner aggrieved by an action of the Code Official against the owner's property in the enforcement of this chapter may appeal such action to the Building Appeal Board as defined by § 17.12. Any property owner aggrieved by an action of the Building Appeal Board may appeal to the City Council.
(F) Appeals. Any property owner aggrieved by an action of the Code Official against the owner's property in the enforcement of this chapter may appeal such action to the Building Appeal Board as defined by § 17.12. Any property owner aggrieved by an action of the Building Appeal Board may appeal to the City Council.
(Ord. passed 4-11-2023)