The building official of the city or his designee.
Fire, natural disaster, flood, burst pipes, collapse hazard,
violent crimes or any other condition that would necessitate a call
to the city’s police or fire departments.
The record owner of one or more tracts of land containing
a multifamily dwelling complex.
(Ordinance 552-2012 adopted 9/20/12)
(a)
Change of ownership.
Within thirty days after a change
of ownership of a multifamily dwelling complex, the landlord shall
register the multifamily dwelling complex with the city and obtain
a new certificate of occupancy from the city in order to continue
operating.
(b)
Issuance of a certificate of occupancy.
The vacant dwelling
units and the exterior and interior of any public areas of a multifamily
dwelling complex shall be subject to a complete inspection by the
building official before a new certificate of occupancy will be issued.
The issuance of a certificate of occupancy shall not be construed
as an approval of a violation of the provisions of this section. Any
certificate of occupancy presuming to give authority to permit a violation
of the building code, this article, or other applicable ordinances
shall not be valid. A certificate of occupancy shall not be withheld
based on the failure of a landlord to give consent to, or on the refusal
of a judge to issue a warrant for, the inspection authorized by this
section.
(c)
Warrant procedure.
A landlord may refuse to consent
to the inspection authorized by this section. The city is authorized
to obtain a warrant to conduct an inspection permitted by this section
when consent to enter the property has been refused or otherwise cannot
be obtained.
(d)
Posting the certificate of occupancy.
A certificate
of occupancy for all multifamily dwelling complexes shall be posted
by the landlord in a conspicuous place on the premises of the multifamily
dwelling complex and shall not be removed except by the building official.
(e)
Effect of failure to pass inspection.
If a multifamily
dwelling complex fails an inspection made pursuant to this section,
the building official shall post all vacant units within the multifamily
dwelling complex for nonoccupancy, and the landlord shall not allow
the occupancy of such units until such time as the multifamily dwelling
complex passes final inspection and is issued a certificate of occupancy
by the city.
(f)
Offense.
A landlord commits an offense under this section
only if the landlord knowingly operates a multifamily dwelling complex
without a certificate of occupancy required by this section, and the
building official finds one or more violations of the code as a result
of an inspection of the multifamily dwelling complex. The offense
described by this subsection shall be called: “Operating a multifamily
dwelling complex without a valid certificate of occupancy.”
The offense of operating a multifamily dwelling complex without a
valid certificate of occupancy shall be punishable by a fine not to
exceed five hundred dollars ($500.00). Each day that a violation under
this subsection is permitted to exist shall constitute a separate
offense.
(Ordinance 552-2012 adopted 9/20/12; Ordinance 558-2012 adopted 11/15/12)
(a)
Registration.
The registration required by section 3.11.002(a) shall be on a form prescribed by the building official and shall at a minimum contain the following information about the multifamily dwelling complex:
(1)
The trade name, physical address and business address of the landlord;
(2)
The names, addresses, and telephone numbers of the property manager,
resident manager, registered agent, and all federal, state, and local
funding agencies; and the type of business entity which owns the multifamily
dwelling complex;
(3)
The names and physical addresses of those designated employees or
authorized representatives who shall be assigned to respond to emergency
conditions, and a telephone number where said employees can be contacted
during any twenty-four-hour period. A post office box shall not suffice
for the address requirements of this section;
(4)
The names, addresses and telephone numbers of any mortgagees;
(5)
A copy of a site plan depicting the total number of all buildings
within the complex, including a description of the use of each building
and the location of each building within the complex;
(6)
The total number of dwelling units;
(7)
The number of dwelling units per category, with the categories based
on the number of sleeping rooms in a unit;
(8)
The number and type of security systems and fire alarm systems maintained
on the premises and the names and telephone numbers of the alarm companies
which respond to alarms or relay alarms to emergency service personnel;
(9)
If the property is owned by a corporation, limited liability company,
partnership, limited partnership, trust or real estate investment
trust, the name and physical address of any of the following:
(A)
For a corporation, a corporate officer;
(B)
For a partnership, a general partner;
(C)
For a limited liability company, the managing or administrative member;
(D)
For a limited partnership, a general partner;
(E)
For a limited liability partnership, a general partner;
(F)
For a limited liability limited partnership, a general partner;
(G)
For a trust; a trustee;
(H)
For a real estate investment trust, a general partner or an officer;
(I)
For any other legal entity not named above, a duly authorized agent;
and
(10)
If the property is owned by a person, other than an individual, who
lives outside the state, the owner shall designate a registered agent
in the state who will accept legal service on behalf of the landlord.
If the property is owned by a landlord who is an individual and who
lives outside the state, the landlord shall either designate a registered
agent in the state who will accept legal service of process on behalf
of the landlord or provide a physical address where the landlord may
receive legal service. A designation of a registered agent under this
section shall include the name and address of the agent.
(b)
Change in information.
If any change in the information
required by this section occurs, the landlord shall notify the building
official of the change within thirty days of the date of the change
in a manner prescribed by the building official.
(Ordinance 552-2012 adopted 9/20/12; Ordinance 558-2012 adopted 11/15/12)
The landlord of a multifamily dwelling complex shall pay the city an administrative fee to offset the city’s cost of administration, registration and inspections required by this article. The amount of the fee shall be set by the city council, shall be due at the time registration is required under section 3.11.002(a), and shall be set forth in the city’s fee schedule found in appendix A of this code.
(Ordinance 552-2012 adopted 9/20/12; Ordinance 558-2012 adopted 11/15/12)
(a)
Inspections of a multifamily dwelling complex.
The building official may conduct inspections for the issuance of certificates of occupancy required by section 3.11.002 with the consent of the landlord, or if such consent cannot be obtained, upon obtaining an administrative search warrant based on factors which may include, but may not limited to, the passage of time, the nature and outward appearance of the buildings, and the condition of the entire area surrounding the buildings.
(b)
Inspection after a complaint.
The building official
may obtain an administrative search warrant to inspect any portion
of a multifamily dwelling complex that is the subject of a complaint
received by the city from a resident or employee of the multifamily
dwelling complex or from a member of the public.
(c)
Areas to be inspected with the landlord’s consent.
The following areas of a multifamily dwelling complex shall be subject
to inspection by the building officials when the inspection is authorized
by the consent of the landlord:
(d)
Areas to be inspected pursuant to a warrant.
The area
of a multifamily dwelling complex subject to inspection pursuant to
the issuance of an administrative search warrant shall be limited
in scope to the area or areas described in the warrant.
(e)
Exemption from inspection.
A multifamily dwelling complex
shall be exempt from inspection under this section if:
(1)
The construction of the multifamily dwelling complex was completed
within three years from the effective date of this article and no
complaints have been received by the city regarding the multifamily
dwelling complex within that time period; or
(2)
The multifamily dwelling complex has been inspected by the city within
the preceding three years and no complaints have been received by
the city regarding the multifamily dwelling complex within that time
period.
(f)
Followup inspections and fee.
If a multifamily dwelling complex does not pass an inspection authorized by this section, the building official shall conduct one or more followup inspections, after the passage of a reasonable amount of time, to ensure that the multifamily dwelling complex is brought into full compliance with the code. If the multifamily dwelling complex does not pass a followup inspection, the landlord shall be assessed an additional administrative fee to cover the cost of the inspection. The amount of the fee shall be set by the city council, shall be paid prior to the issuance of a certificate of occupancy, and shall be set forth in the city’s fee schedule found in appendix A of this code.
(Ordinance 552-2012 adopted 9/20/12; Ordinance 558-2012 adopted 11/15/12)
