Chapter 17-52


17-52-010    Inspections by the city of Harvey.

17-52-010 Inspections by the city of Harvey.

A.    Inspection Requirements; License Issuance or Denial.

1.    Each unit within the rental structure, shall be subject to inspection, in accordance with this section, for compliance with all applicable regulations. A license may be denied if the property has been inspected and is not in compliance with applicable regulations.

2.    Initial and subsequent annual licensing inspections shall include the building exterior, common areas, basement, and interior of all the units within the structure. All units within the structure shall be inspected year.

3.    Every time a unit is vacant, the owner must have an inspection conducted on the unit prior to the unit being reoccupied. If violations are found, subsections (A)(4) through (A)(8) of this section become applicable.

4.    The owner will be given at least thirty (30) days’ notice by regular mail prior to any inspection being conducted. Upon receipt of the notice of inspection, the owner shall notify the tenant, on a form provided by the city, of the date and time of the inspection by either placing the completed form under or on the door of the unit at least seventy-two (72) hours prior to the inspection. The form shall contain a certification that the owner has served the notice as set forth in this subsection (A)(4). Each notice shall inform the owner and occupant of their right to refuse to consent to the inspection and to require the city to obtain an administrative search warrant. The director of planning shall establish procedures for attempting to assure reasonable notice in circumstances (i.e., lack of cooperation by owner) where service and posting are not necessarily in accordance with this subsection (A)(4).

5.    If any owner, property agent, tenant or other person in control of a rental structure or a dwelling unit fails or refused to consent to free access and entry to the property or dwelling unit for any inspection pursuant to this title, the code official or designee may, upon approval of the assistant to the mayor, apply to the circuit court for an administrative warrant or other appropriate court order authorizing such inspection. Such an application shall not be a waiver of the city’s right to seek other remedies pursuant to this title.

6.    When a licensing inspection of a rental structure reveals any violation, a time period for compliance shall be set by the code official in accordance with the city’s property maintenance code. The code official shall send notice of the violations and compliance period to the property owner or the listed property agent by regular U.S. mail at the address provided on the most recent license application. The notice shall include the following:

a.    Identification of the property;

b.    A statement listing the violations and applicable code section;

c.    The time period for compliance; and

d.    An explanation that if all violations have not been corrected within the compliance time period, the license is subject to revocation and non-renewal.

7.    A licensing reinspection will be conducted at the request of the owner or the owners.

8.    If during a licensing inspection or reinspection any dwelling unit is determined to be unfit for human occupancy as specified in the city’s property maintenance code, the premises must be vacated immediately. If similar violations are observed throughout the rental dwelling, the owner’s license is subject to revocation and non-renewal. The owner will be subject to pay additional inspection fees.

9.    If during any licensing period the city finds no violations at the property, the owner may be eligible to only have fifty (50) percent of the units inspected the following year. This less stringent schedule shall function as an incentive to owners to assure compliance with the city’s regulations. If, while the incentive schedule is in effect, either inspections or service requests reveal violations that are not minor, then the regular schedule shall immediately go back into effect. However, the incentive schedule shall remain in effect for so long as only minimal warning conditions are found and they are corrected in a timely manner.

10.    Prior to entering an occupied apartment, the city’s inspector shall give the resident manager or owner a reasonable opportunity to be present during the inspection. Unless otherwise specified in a court order or warrant. The inspector will not inspect or search personal property of the occupant. The inspector, while performing the duties of office, will otherwise fully consider the privacy and dignity of the occupant. If a resident desires to be present for an inspection and it would result in an unusual hardship for that resident to be present during regular city business hours, the inspector shall attempt to conduct the inspection at the time reasonably convenient to the resident. (Ord. 3122 § 1 (part), 2004)