§ 8. Inspections.

(a)

The Director is hereby authorized and directed to make inspections to determine the condition of property located within the City in the interest of safeguarding the health and safety of the occupants and the general public, or in the interest of enforcing any applicable provisions of this Code. Upon presentation of proper credentials, the Director may enter any property at any reasonable time to perform any duty imposed by the Code pursuant to a lawfully issued search warrant. The Director may enter such property at such time to perform said duties without a search warrant only when one of the following circumstances exist:

(1)

An emergency situation which requires that the property be immediately inspected in order to adequately protect public health or safety, or to prevent substantial physical damage to any property;

(2)

The property is both vacant and unsecured; or

(3)

The occupant, owner, or operator requests or otherwise consents to the search;

Provided, however, that no warrantless search may be made under exceptions (2) or (3) above over the direct objection of any person(s) in control of the premises at the time of the inspection.

(b)

Scheduling of inspections shall be arranged on the following basis:

(1)

Within ten days of any request or complaint by the owner, operator or occupant. Such request or complaint by a tenant shall not in itself constitute a basis for the owner or operator to terminate such tenant's lease or rental agreements;

(2)

Pursuant to inspections conducted for the purpose of insuring that rental property complies with this Code and within twelve (12) months after the effective date of this Code and every five (5) years thereafter, the Director shall study the City's rental housing stock for the purpose of developing periodic, area-wide inspection plans for the City's rental housing stock. Within six months after the completion of such study, the Director shall develop, adopt and promulgate a five year plan for the inspection of buildings with special uses and rental dwellings based on such factors as the type of building; the nature of its use; its condition; information indicating the existence of violations of this Code; the passage of time since the last inspection; general neighborhood conditions; and other similar considerations relevant to the inspections of buildings or dwellings for the purpose of enforcing this Code;

(3)

Vacant dwellings which are boarded and made inaccessible and interior requirements have been held in abeyance pursuant to Section 29, shall be inspected at least once every six months. A vacant dwelling shall also be inspected within ten (10) days of any complaint by a person residing in the neighborhood where the subject dwelling is located;

(4)

In addition to the foregoing provisions, any property may be inspected whenever the Director has reason to believe that it is in violation of any applicable provision of this Code.

(c)

No official or employee of the City making an inspection of properties for any purpose set forth in this Code shall:

(1)

have any financial or personal connection with the owner or operator of the inspected property, nor shall any such official or employee have any direct or indirect financial interest in any certificate, license, repairs or corrections which may be required;

(2)

refer or recommend to any owner or operator any contractor, builder, construction mechanic or other person who would gain financial benefit from such referral or recommendation.

(d)

The Director shall adopt policies, rules and regulations to ensure that all employees or officials who make inspections under this code are adequately trained and certified.

(e)

An inspection made under this Code upon the request of the owner shall be made only after the appropriate fee hereinafter has been paid to the City, to wit:

(1)

Fifty Dollars ($50.00) for a structure containing one through twelve units located on no more than two floors.

(2)

One Hundred Dollars ($100.00) for a structure containing more than twelve units located on no more than two floors.

(3)

Fifty Dollars ($50.00) per floor for structures containing units located on more than two floors.

Such a fee shall not be required from an owner requesting an inspection of a rental dwelling due to a complaint about the occupant.

(Ord. No. 1998-26, §§ 2, 3, 5-12-98)