§ 10-109. Inspections.

(a)

General authority.

(1)

The city manager shall establish a regular and orderly schedule to inspect all residential rental property dwelling units within the city. Such schedule may be determined based upon the age of the dwelling units, size of the rental complex, complaints received from residents or the public, or the general condition of the property. Such schedule does not preclude inspection of a property based on a request of a resident, owner or manager, or complainant.

(2)

The inspector will document any violations of this article on a written inspection report and may make a photographic record of the property or of any violations discovered on the property.

(3)

Upon receipt of notice of a scheduled or complaint-based inspection, the owner of the residential rental property may, at the owner's cost, employ a qualified independent inspector from a list provided by the city to perform the required inspection.

To be deemed compliant with this article, the property owner must, within 45 days of the scheduled inspection, submit to the city a written report from the qualified independent inspector that the residential rental property is in compliance with all standards and requirements set forth in this article.

For a complaint-based inspection the property owner must, within 21 days of the notice, cause such property to be inspected by the qualified independent inspector, who must also provide a written report of such inspection to the city. Should violations of this article be found to exist, the property owner must correct such within 90 days of submittal of the inspector's report, which correction(s) must also be certified as compliant with this article to the city by the qualified independent inspector. The property owner may be granted an extension of time by the city if the qualified independent inspector determines that substantial progress is being made to correct the violation. Such request must be made in writing by the property owner and submitted to the city prior to expiration of the 90-day period. Upon receipt the city shall in consideration of all applicable facts determine the terms and conditions of the extension.

(b)

Right of entry.

(1)

Whenever necessary to make an inspection for compliance with the provisions of this article, as part of a scheduled inspection, or whenever the inspector has probable cause to believe that there exists upon any premises any condition which constitutes a violation of the provisions of this article, the inspector may enter such premises at all reasonable times to inspect the same or to perform any duty imposed on him/her; provided that, if such premises is occupied, the inspector will first present proper credentials and request entry and, if such premises is unoccupied, will first make a reasonable effort to locate the owner or occupant or other person having charge or control of the premises, and upon locating the owner, occupant or other person in charge or control, will present proper credentials and request entry. If the owner, occupant, or a person having charge or control cannot be located after a reasonable effort, a notice of intent to inspect will be posted on the premises. The notice will state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made upon issuance of an administrative warrant by a municipal judge of the city.

(2)

If entry is refused, or 24 hours after the premises have been posted, the inspector may appear before the municipal judge and, upon a showing of probable cause, or upon a showing that the inspection is part of a systematic schedule of inspections, will request an administrative warrant entitling the inspector to enter upon the premises. Upon presentation of the administrative warrant and proper credentials, or possession of same in the case of unoccupied premises, the inspector may enter upon the premises, using such reasonable force as may be necessary to gain entry.

(3)

For purposes of this subsection, "probable cause" exists where the facts and circumstances within the inspector's knowledge are sufficient to warrant a person of reasonable caution in the belief that the inspection is part of a systematic schedule of inspections, that it is a condition of the required registration of rental property, and that the tenant or other person having ownership or control over the dwelling unit has refused to grant the inspector entry upon the property, or that a violation of the rental maintenance code may exist. The applicant for an administrative warrant will not be required to demonstrate specific knowledge of the condition of the particular premises in issue in order to obtain an administrative warrant.

(c)

Unlawful resistance. It shall be unlawful for any owner, occupant, or person in charge or control of any dwelling unit to deny entry to an inspector acting pursuant to a court order issued as provided in this section or otherwise acquired in accordance with law.

(Ord. No. 13-02, § 1, 2-5-2013; Ord. No. 16-09, § 3, 9-20-16)