§ 26-117. Inspections; reinspections; certificate of occupancy.

(a)

Inspections. The owner, resident manager and property manager as a condition to the issuance of the license required by this article, shall consent and agree to permit and allow the city's building inspector to make the following inspections of the apartment complex when and as needed to ensure compliance with this article:

(1)

Right and access to inspect all portions of the premises and structures located on the premises that are not dwelling units. This includes all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all other portions of the facilities not constructed as dwelling units, upon reasonable advance notice being given to the owner, property manager or resident manager.

(2)

Right and access to inspect all unoccupied dwelling units upon giving reasonable notice to owner, resident manager or property manager.

(3)

Right and access to inspect all occupied dwelling units when, upon reliable information, the building inspector has reason to believe that violations of the ordinances of the city or state law exist that involve serious threats to life, safety, health and property.

(4)

Semiannually, once each six months, the owner, resident manager or property manager shall make all dwelling units in the apartment complex available for inspection by the building inspector. The building inspector and the owner, resident manager or property manager shall agree on a reasonable date and time for each semiannual inspection. If the parties cannot agree on an inspection time, the semiannual inspections shall occur between December 15 and December 31 and between June 15 and June 30 of each year.

(b)

Enforcement of admission to inspect. The building inspector may enforce the provisions of this article and, upon presentation of proper identification and notification to the property manager or resident manager, that he may enter any unit between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to persons, loss of life or severe property damage, the building inspector may enter the dwellings mentioned in subsection (a) of this section at any time and the requirement for presentation of identification and notification to the management shall not apply. Whenever the building inspector is denied admission to inspect any premises under this article, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection. In applying for such a warrant, the building inspector shall submit to the magistrate an affidavit setting forth his belief that a violation of this article exists with respect to the place sought to be inspected and the reasons for such belief. Such affidavit shall designate the location of such place and the name of the person believed to be the occupant thereof. If the magistrate finds that probable cause exists for an inspection of the premises in question, he may issue a warrant authorizing the inspection, such warrant describing the premises with sufficient certainty to identify the premises. Any warrants issued will constitute authority for the building inspector to enter upon and inspect the premises described therein.

(c)

Reinspection; fee. A fee as listed in appendix A for each reinspection of each noted violation in a dwelling unit, but not to exceed the amount listed in appendix A per unit, within an apartment complex and a reinspection fee as listed in appendix A for each exterior violation item reinspected shall be assessed for inspections that are required to verify that a violation has been repaired or corrected. Failure of a reinspection fee to be paid shall be considered a violation of this article and subject to penalties in section 1-14.

(d)

Certificate of occupancy. Failure to comply with the terms of this article after receipt of written notice of the violation from the building inspector setting out the violations and the time allowed to rectify the violations, the owner's certificate of occupancy may be withdrawn and the license authorized by this article may be canceled. The building inspector may notify all public utility companies serving the apartment complex that the certificate of occupancy has been withdrawn and request that all public utility services be discontinued.

(e)

Reinstatement. Any person requesting a reinstatement or reissuance of the certificate of occupancy shall be required to apply for and receive a new license issued under this article as a condition precedent to the reissuance or reinstatement of the certificate of occupancy.

(Ord. No. 2447, § 10, 12-21-1998)