§ 138-04  Certificate of Compliance required.
   (A)   A Certificate of Compliance shall not be issued unless the owner registers the dwelling unit in accordance with § 138-03.
   (B)   Subject to §§ 138-04(B)(5) and 138-04B)(6), the Department shall issue a Certificate of Compliance or a Waiver to the Certificate of Compliance to an owner upon the occurrence of one of the following:
      (1)   Upon completion of an inspection in accordance with § 138-06(A) and certification by the Department that the residential rental property, including all dwelling unit(s) thereon, meets all applicable Housing Codes; or
      (2)   In the case of residential rental property that is newly constructed or substantially rehabilitated after the effective date of this chapter, upon the issuance of a Certificate of Occupancy by the city, provided that:
         (a)   The city inspected and approved the construction or substantial rehabilitation pursuant to lawfully authorized building permits;
         (b)   A legible photocopy of the Certificate of Occupancy is attached to the application for registration; or
      (3)   In the case of a Multiple-Family Rental Community, upon completion of an inspection in accordance with § 138-06(A) on random samples, of no less than 25% of the total dwelling unit(s), and certification by the Department that all dwelling unit(s) inspected, together with all common areas inspected, meet the Housing Code.  In this case a Certificate of Compliance may be issued for the entire Multiple-Family Rental Community; or
      (4)   Upon acceptance by the Department that a dwelling unit(s) has been inspected by an approved regulatory agency and the dwelling unit(s) meets or exceeds the Housing Code; or
      (5)   Upon the refusal of a judge or magistrate to issue a search warrant for an inspection sought in accordance with § 138-06(A), in which a Waiver to the Certificate of Compliance shall be issued for the dwelling unit(s) for which a warrant was refused; provided, however, if a warrant is subsequently issued and the property inspected pursuant thereto, the Waiver to the Certificate of Compliance shall expire; or
      (6)   Upon receipt by the Department of written notice of a tenant's election to not have their dwelling unit inspected in accordance with § 138-06(F), in which case a Waiver to the Certificate of Compliance may be issued to the owner.  The Waiver to the Certificate of Compliance shall expire in the event such tenant vacates the dwelling unit.
   (C)   The duration of the Certificate of Compliance or the Waiver to the Certificate of Compliance issued in accordance with § 138-04(B) shall be determined by the Director, but shall not exceed three years.
   (D)   The Department shall deny a Certificate of Compliance or Waiver to the Certificate of Compliance to any owner of residential rental property which fails to meet one of the criteria of § 138-04(B) within 60 days of registration of such property or such longer period as is approved by the Director, not to exceed 120 days from registration.  In the case of a Correction Notice issued pursuant to § 138-06(C), the Director shall exercise discretion to permit reasonable time for correction and reinspection.
(Ord. O2002-15, passed 3-6-02; Ord. O2003-06, passed 2-19-03; Ord. O2015-058, passed 11-18-15)