21-7
INSPECTIONS:
a. In accordance with the requirements of this section the city shall be authorized to periodically conduct an inspection of residential rental properties to assure compliance with all applicable city, state and federal laws, including, but not limited to, abatement of nuisances, building, housing, fire, and health and safety codes, ordinances, and regulations. Owners shall provide access to all required areas of a residential rental property for inspection within twenty-one (21) calendar days of a written inspection request from the director, or his or her designee. This time period may be extended upon the approval of the director, or his or her designee. If the individual dwelling units of the residential rental property are legally occupied by a tenant or other occupant, it shall be the owner’s responsibility to lawfully notify the tenant or occupant in writing and request that the tenant or occupant allow the inspection.
b. Frequency Of Inspections.
1. Initial Inspections.
(a) It is the intent of the city that all residential rental properties subject to this chapter as of the effective date of the ordinance codified in this chapter and not eligible for the self-certification program will receive an annual inspection, subject to the twenty-one (21) day notice required herein, commencing the first year of the program after January 1, 2018.
(b) Well-maintained properties eligible to participate in the self-certification program will have reduced inspections for a period of three (3) years thereafter, as long as the residential rental dwelling units’ condition does not deteriorate during that time to the extent that the property would no longer meet the self-certification eligibility standards.
(c) Any residential rental property that becomes subject to this chapter after January 1, 2018, shall receive an inspection within ninety (90) days of the date of registration, if not eligible for the self-certification program. The city’s inability to inspect the property and/or unit(s) within said time frame does not invalidate any provision of the registration and inspection program as delineated in this chapter.
2. Subsequent Inspections. If during the inspection or any subsequent inspection there are nuisance, building, housing, fire, or health and safety code or ordinance violations, or permit violations, on the property, which prevent the city inspector from approving a residential rental property as being in compliance, one or more reinspections of the property may be required before approval is granted.
c. Code Enforcement. When during an inspection a nuisance, building, housing, fire, or health and safety code or ordinance violation is noted, as a courtesy prior to undertaking formal code enforcement action, the city inspector shall document the violation, advise the owner or operator of the violation, the action which must be undertaken and completed within a reasonable compliance period determined by the city inspector(s) in order to remedy the violation, and request to schedule a reinspection within the compliance period to verify correction of the violation. If upon reinspection the violation has not been corrected, and/or the landlord fails to schedule a reinspection with the city to confirm compliance, the city inspector may report the violation for code enforcement. If the city determines that any or all of the documented violations have been caused, allowed or maintained by the tenant, the tenant shall be given an order to comply and may be made subject to the enforcement remedies provided for in these regulations.
d. Rental Housing Inspection Certification. Upon the successful completion of an inspection, subsequent inspection or reinspection of the residential rental property establishing that the property and its occupancy are in compliance with all applicable nuisance, building, housing, fire and health and safety code or ordinance requirements, the city shall issue to the owner or operator a written notice verifying code compliance and specifying a one – or, for properties which qualify for the self-certification program, a three (3) – year time period during which the certification will remain valid and during which the residential rental property shall not be subject to a subsequent inspection. Notwithstanding the foregoing, a rental housing inspection certification shall not preclude code enforcement or investigation on the property if during the rental housing inspection certification period a code violation on the property is reported to the city or otherwise observed by the city on the property. (Ord. #1702, §1)