(A) Code Enforcement Office; composition. The Code Enforcement Office shall consist of the Director of Code Enforcement and such other employees as may be necessary to enforce this Code and as may be provided by Council.
(B) Rules and regulations. The Director of Code Enforcement is hereby authorized to make and adopt rules and regulations for the internal administration of his or her office, provided that such rules and regulations shall not be in conflict with provisions or intent of this chapter or rules and regulations and provisions of law enforced by the Wellston City and the Jackson County Health Department of the State of Ohio.
(1) All rules and regulations adopted by the Director of Code Enforcement shall have the same force and effect as the provisions of this Code.
(2) The Director of Code Enforcement shall develop and adopt a plan for the periodic inspection of rental dwellings and rooming houses subject to the provisions governing the issuance of a permit for the operation of such rental dwelling or rooming house. Such plan for periodic inspection shall include a provision which will give tenants or occupants a minimum of 24 hours' notice prior to an inspection, however, the 24-hour notice may be waived by the tenant or occupant.
(3) All rules and regulations and plan for inspections shall be filed with the Service-Safety Director of the City of Wellston and shall be made public upon request.
(C) Responsibilities. The Director of Code Enforcement or Code Inspectors shall make inspections of rental dwellings and rooming houses pursuant to an inspection plan as authorized by this Code, or in response to a complaint that an alleged violation of the provisions of this Code or of rules and regulations adopted pursuant thereto has been committed, or when the Code Inspector has a valid reason to believe that a violation of the provisions of the Code, or any rules and regulations adopted pursuant thereto, exists. If, upon inspection, a structure, building or dwelling/rooming unit is found in "violation" of this Code, the Director of Code Enforcement or his/her authorized agent shall issue to the owner of said structure, building or dwelling/rooming unit or his authorized agent a list of noted violations to be known as a "notice of violation." The owner or his or her authorized agent and/or the occupant(s), as appropriate, shall have 30 days from the issuance of a notice of violation to correct such noted violations as have been noted or to take the matter to the Housing Appeals Board. If, after 30 days from the issuance of a notice of violation, such noted violations of this Code have not been begun in good faith, nearly corrected or corrected, and not taken to the Housing Appeals Board, the Director of Code Enforcement or his or her authorized agent shall issue an "order to comply." This order to comply shall list the violations initially found and not begun in good faith, nearly corrected or corrected, as evidenced by sufficient documentation, in the notice of violation. The owner or his authorized agent shall have 15 days from the issuance of an order to comply to correct such violations. If, after 30 days from the issuance of an order to comply, such violations are not corrected, the Director of Code Enforcement or his or her authorized agent shall institute appropriate proceedings under § 154.99.
(1) The Director of Code Enforcement shall be responsible for keeping a written record of the findings of all inspections. These records shall be available to the public at cost upon request.
(2) Information not related to the enforcement of the Housing Code which may be discovered in the course of an inspection shall be considered privileged. Such information shall not be made public without the written consent of the owner and of the occupant of the dwelling unit inspected. If any information pertaining to criminal activity is discovered pursuant to a housing inspection, such information is not privileged under this Code.
(3) All records pertaining to the identification of a complainant shall be kept separate and confidential from the public record of inspection and notice of violation in regard to any structure. All other information regarding application, biennial inspections and notices of violations pertaining to any premises shall be public record and available upon request.
(4) All information pertaining to the renewal or new issuance of rental dwelling permits and rooming house permits and all notices of change of ownership of rental dwellings and rooming houses shall be forwarded to the City Auditor for tax record purposes.
(5) The Director of Code Enforcement shall not accept or act upon anonymous complaints. If the Code Enforcement Office, upon inspection, finds the complaint to be malicious or made in bad faith, they may assess the complainant an inspection fee to be determined by ordinance, and the name of the complainant may not be considered privileged.
(6) Pursuant to implementation of division (B)(2) of this section, any owner, occupant or person having care of property where a periodic or nonperiodic inspection has been scheduled shall be assessed a fee established by separate ordinance if this inspection is missed or not cancelled at least 24 hours prior to the scheduled inspection.
(D) Nonperiodic inspection. Upon presentation of proper credentials and following 24 hours' notice as specified in division (B)(2) of this section, the Director of Code Enforcement or his or her authorized agent may enter, during daylight hours and with the consent of the occupant, any building or dwelling/rooming unit in the City of Wellston to enforce the Housing Code.
(1) A dwelling may be inspected upon written and signed complaints by at least three persons in separate households located in the neighborhood where the subject owner-occupied dwelling situated or if the Director of Code Enforcement has probable cause to suspect that violations exist.
(2) The occupants shall be informed of their right to refuse entry. If any person in charge of a dwelling refuses to permit free access to the dwelling for the purpose of inspections as provided in this chapter, the Director of Code Enforcement or his or her authorized agent may, upon a showing of probable cause exists for inspection, obtain from the court of competent jurisdiction an order directing compliance with the inspection requirements of the Housing Code.
(E) Owner's right of entry. Every occupant of a dwelling, multi-family dwelling, dwelling unit, rooming house or rooming unit shall give the owner operator thereof, or his or her agent or employee, access to any part of such dwelling or its premises at reasonable hours for the purpose of making such inspections, maintenance, repair or alterations as are necessary to comply with the provisions of this Code subject to notification as required by state law, except in emergency situations.
(F) Emergency orders. Upon application of the Director of Code Enforcement, supported by affidavit, the court of competent jurisdiction is authorized to issue an appropriate ex parte order dealing with the emergency situation.
(G) lntragovernmental cooperation. The Director of Code Enforcement may request the assistance and cooperation of any or all city agencies necessary to enforce this Code.
(H) Restriction on employees. No officer or employee of the city who is charged with the duty of conducting housing inspections shall be financially interested in the furnishing of labor, material or appliances for the construction or alteration, or in the making of plans or specifications for or the renting of dwelling units within the City of Wellston, unless he is the owner-occupant of the same.
(Ord. 2021-41, passed 9-2-2021)