§ 156.05. INSPECTION.

(A) Each rental unit and premises within the city which does not meet the requirements for exemption shall be inspected by the Rental Housing Officer immediately prior to the expiration of the appropriate duration, to establish compliance with the Rental Housing Code. Non-exempt inspections shall be for a period of:

(1) Single-family dwelling: three years; if no violations, an extra year shall be added;

(2) Purpose-built multifamily housing or purpose-built duplex: three years; if no violations, an extra year shall be added;

(3) Converted housing (physically converted from single-family to two or more units): two years.

(B) No registered rental unit shall be inspected in good faith more often than once every two years, unless a request for inspection is made as provided in division (D) of this section or there is a reasonable basis to believe the unit is out of compliance with this Ordinance, state code, or other requirements or upon receipt of a complaint.

(C) An inspection report shall be issued for each rental unit upon which a cycle inspection or a complete off-cycle inspection is performed after the effective date of the ordinance codified in this section, provided all violations cited on the inspection report, excluding exterior painting, are satisfactorily corrected and the unit reinspected within 60 days after such report is mailed to the owner or agent.

(D) An inspection may be done at the discretion of the Rental Housing Officer, upon the written, signed request of any resident of the city, any governmental agency, or the rental unit's tenant, the tenant's legal representative, the owner, or the owner's agent or upon a reasonable belief that the unit is out of compliance with city ordinance or state safety or Code requirements. An off-cycle inspection shall be confined to the defects complained of, if any, by the person requesting the inspection unless the Rental Housing Officer determines that the condition of the rental unit or premises has deteriorated since the last inspection to such an extent that a complete inspection is required to effectuate the purposes of the Rental Housing Code, in which case a complete new inspection of the entire rental unit and premises may be performed. If a complete inspection is performed, a new inspection report shall be issued upon completion, provided all violations excluding exterior painting are satisfactorily completed, and the unit reinspected, within 60 days after the receipt of the inspection report by the owner or owner's agent.

(E) Unless waived by the landlord or tenant, the following procedure shall be used to obtain entry to rental units for the purpose of any inspection. The owner of the unit shall be contacted and a date shall be established for inspection. The owner shall then furnish to the Rental Housing Officer a current list of tenants in each rental unit. The Rental Housing Officer shall then send a certified letter with return receipt requested and a stamped self-addressed postcard to each tenant. If there is evidence that the tenant received the letter, but no other response is received from the tenant, consent to enter will be presumed. An official record shall be maintained of all notices. The landlord shall be responsible for granting access to the inspector upon presentation of a copy of the official record of notices and responses. If either the tenant or the owner refuses entry for inspection after proper notification, the Rental Housing Officer shall not inspect without first obtaining a search warrant.

(F) Inspections may be conducted if the city:

(1) Has reason to believe;

(2) Receives a complaint that the rental unit does not comply with applicable code requirements. However, in the case of a rental unit that meets the requirements for an exemption above, the city may not impose a fee pertaining to the inspection of such a rental unit. If the inspection of a rental unit reveals a violation of applicable code requirements, the owner of the rental unit may be subject to a penalty as provided in this subchapter.

(3) This applies only to a rental unit that meets the requirements for an exemption above. If the inspection report for the rental unit or rental unit community is prepared by or for the United States Department of Housing and Urban Development, the inspection report is valid for purposes of maintaining the exemption until:

(a) The date specified in the inspection report; or

(b) Thirty-six months after the date of the inspection report, whichever is earlier.

(G) Inspection fee. The city will charge $40 per inspection unless the rental property is exempt. This fee will be placed in the non-reverting fund to defray the cost of the rental housing code.

(Ord. 27-92, passed 9-14-92; Am. Ord. 27-93, passed 10-26-93; Am. Ord. 17-2004, passed 11-22-04; Am. Ord. 21-2008, passed 12-8-08; Am. Ord. 38-2015, passed 12-14-15)