2005-09-20_Agenda - Laserfiche WebLink

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1 If an owner, occupant, or other person in charge of a dwelling or dwelling unit fails or refuses to permit 2 free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this 3 section, the enforcement officer may, upon a showing that probable cause exists for the inspection or for 4 the issuance of an order directing compliance with the inspection requirements of this section with respect 5 to such dwelling or dwelling unit, petition and obtain an order to inspect and/or an administrative warrant 6 from a court of competent jurisdiction. Except as specifically authorized to the contrary by the court in 7 extraordinary circumstances, administrative warrants under this section shall be executed at reasonable 8 times and after reasonable efforts to give the owner (or other person in charge) and the occupant at least 9 five (5) days written notice of the date and time of the inspection authorized by the warrant. Property 10 owners shall cooperate in the execution of all administrative warrants and court orders, including 11 providing access and entry to rented premises where directed to do so. An authorized representative of 12 the property owner shall be present on the premises during inspections; however, failure of a property 13 owner to comply with this requirement shall not deprive the City of the authority to inspect. 14 15 Failure of a property owner to obey any of the requirements of this subdivision shall subject the property 16 owner to suspension or revocation of license, in addition to other remedies and/or penalties provided by 17 law. Any such suspension or revocation shall continue until the inspection sought has been completed, 18 any violations satisfactorily remedied and any outstanding fees or penalties have been paid. 19 20 Section 907.17. Applicable Laws. Licensees shall be subject to all applicable rules, standards, statutes 21 and ordinances; and this Section shall not be construed or interpreted to supersede any other such 22 applicable rules, standards, statutes or ordinances. 23 24 Section 907.18. Tenant Identification. Licensees are required to provide names of tenants occupying 25 rental property when the HRA, or a Police Officer submits a written request. 26 27 Section 907.19. Tenant Requested Inspection. A tenant may at any time request an inspection of the 28 rental property in which he/she currently resides. A fee for such inspection shall be imposed on the tenant 29 only if the HRA finds, by a preponderance of the evidence that the request was made in bad faith. 30 31 Section 907.20. Rules, Policies and Procedures. The City Council may adopt from time to time, by 32 resolution, rules, policies and procedures for the implementation of this section. Violation of any such 33 rule, policy or procedure by a property owner shall be considered a violation of this ordinance. 34 35 Section 907.21. Inspection Standards. All rental property will be required to meet the standards set 36 forth in Section 907, Property Maintenance, in order to obtain and/or maintain a license pursuant to this 37 ordinance. COMMENT: MAKE SURE THE NEW HOUSING MAITENANCE SECTION INCLUDES 38 REFERENCE TO THE RENTAL LICENSING ORDINANCE. 39 40 Section 907.22. Severability. If any provision of this section or amendment thereto, or the application 41 thereof to any person, entity or circumstance, is held invalid or unconstitutional by a court of competent 42 jurisdiction, the remainder of this section shall remain in full force and effect and the application thereof 43 to other persons, entities or circumstances shall not be affected thereby. 44 45 46 5