A. The City representative shall present evidence of official capacity to the rental unit owner or their agent, tenant(s), and occupant(s) of a respective rental unit.
1. No permit may be issued or renewed unless the rental unit owner permits inspections to be made of rental units that are subject to inspection pursuant to this chapter.
2. The rental unit owner or their local contact shall be responsible for informing their tenants of any scheduled inspection or re-inspection of any residential rental unit; and they shall be responsible for requesting permission from any person whose consent is necessary for the City's inspector to enter the property, whether or not that person is at home at the time of the inspection or re-inspection.
B. The City shall provide at least five (5) days' notice to the rental unit owner, with copies that the owner must provide to the tenant, on a form provided by the City, of the tenant's right to refuse consent to the permitting inspection and to require the City to obtain an administrative search warrant.
C. If any rental unit owner, affiliated entity, tenant, occupant or other person in control and/or possession and whose consent to inspect is necessary concerning a residential rental unit (or any part thereof) fails or refuses to consent to access and entry to the property or dwelling unit under his or her control for any permitting inspection required by this chapter, the City may apply to the circuit court for an administrative search warrant. The application for the administrative search warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection shall be limited to a determination whether there are any violations of the standards of the City related to obtaining a permit. Except in case where the rental unit owner or an affiliated entity has prevented access to a rental unit, during the pendency of any such warrant request to the Circuit Court, the time deadlines provided for in this chapter shall be tolled until a ruling on the request has been issued. In the event the City does not seek an administrative search warrant or the City's request for an administrative search warrant is denied, the City shall not use the lack of an inspection as a basis for denial of compliance.
D. Nothing set forth herein shall limit the right of a tenant to grant the City access to the dwelling unit.
E. With the consent of the tenant, the rental unit owner or their agent may be present at the rental unit at the scheduled inspection time. (Ord. 22-O-46, 9-6-2022)