(1)
The apartment inspection program manager is hereby authorized to make primary inspections and secondary inspections to determine the condition of the complex and premises located within the city in order that city officials may perform their duties of safeguarding the safety, health and welfare of the occupants and of the general public. Inspections may (versus shall) include the presence of the owner’s representative.
(2)
The owner, resident manager or property manager, as a condition to the issuance of the license required by this article, shall consent and agree to permit and allow the apartment inspection program manager to make the following inspections when and as needed to ensure compliance with this article.
a.
The apartment inspection program manager has right and access to inspect all portions of the premises and structures located on the premises.
b.
The apartment inspection program manager has right and access to inspect all unoccupied units upon giving reasonable notice to the owner, resident manager or property manager.
(3)
The apartment inspection program manager may enforce the provisions of this article upon presentation of proper identification to the occupant in charge of any unit, and may enter, with the occupant’s permission, 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 apartment inspection program manager may enter a dwellings unit at any time, and the requirement for presentation of identification and the occupant’s permission shall not apply. Whenever the apartment inspection program manager is denied admission to inspect any premises under this provision, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection. In applying for such a warrant, the apartment inspection program manager shall submit to the magistrate an affidavit setting forth their 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 known. If the magistrate finds that probable cause exists for an inspection of the premises in question, a warrant may be issued authorizing the inspection, such warrant describing the premises with sufficient certainty to identify the premises. Any warrants issued will constitute authority for the apartment inspection program manager to enter upon and inspect the premises described therein.
(Ordinance 1975, § I, 11-13-12)