[Amended 5-27-1986 by Ord. No. 25-1986]
The Public Officer is authorized to promulgate such written rules and regulations as may be necessary for the proper interpretation and administration of the provisions of this chapter, provided that such rules and regulations do not conflict with this chapter but conform to the general standards prescribed by this chapter. The Public Officer shall file copies of such rules and regulations with the City Clerk, Health Officer, Director of Public Works and Fire Chief and shall make available in the Public Officer's office a copy for inspection by members of the public during regular business hours. Such rules and regulations shall have the approval of the Health Officer, Director of Public Works and Fire Chief, respectively, where the provisions thereof relate to matters which are also in the jurisdiction of and supervision of each officer. In case of conflict, the rule or regulation may be promulgated by direction of the Mayor. Such rules and regulations shall have the same force and effect as the provisions of this chapter, and the violation thereof shall be enforced as violations of the express provisions of this chapter.
[Amended 5-12-1986 by Ord. No. 7-1986; 5-27-1986 by Ord. No. 25-1986]
The Public Officer shall, in the month of December of each year, review with the Fire Chief, Health Officer, Director of Public Works, Housing Director and Corporation Counsel the procedure and operation of this chapter and report to the Mayor and City Council on or before January 1:
A. 
Any recommended amendment, addition or modification of provisions of this chapter consonant with the field experience of the personnel charged with enforcement.
B. 
A summary of the enforcement experience, indicating number of violations abated, number of cases processed in the Municipal Court, number of inspections made and such other and further pertinent information as will provide the Mayor and City Council with an annual account of progress in securing the standards required by this chapter.
C. 
Any further recommendation as to how this chapter and the procedure and operations thereunder can be improved.
All residential buildings and premises subject to this chapter are subject to inspections from time to time by the enforcing officer of the City. At the time of such inspections, all rooms in the building and all parts of the premises shall be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made between 8:30 a.m. and 4:30 p.m. unless one of the following conditions exists:
A. 
The premises are not available during such hours for inspections.
B. 
There is reason to believe that violations are occurring on the premises which can only be apprehended and proven by inspections during other than the prescribed hours or which require immediate inspection after being reported, such as failure to supply heat.
C. 
There is reason to believe a violation exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay.
All nonresidential buildings and premises subject to this chapter are subject to inspection from time to time by the enforcing officer. At the time of such inspections, all rooms and parts of the premises shall be available and accessible for such inspections, and the owner and operator are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made during regular open hours of the business occupying the premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay.
Inspectors shall be supplied with official identification and, upon request, shall exhibit such identification when entering any dwelling unit, rooming unit or any part of any premises subject to this chapter. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
A. 
Where the Public Officer or his agent is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this chapter and subject to the penalties hereunder.
B. 
Emergency inspections may be authorized without warrant if the Public Officer has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall only take place where the time taken to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition.
C. 
The Public Officer may, upon affidavit, apply to the Judge of the Municipal Court of the City for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter may exist on the premises, including one or more of the following:
(1) 
The premises require inspection according to the cycle established by the City for periodic inspections of premises of the type involved.
(2) 
Observation of the external condition of the premises and its public areas has resulted in the belief that violations of this chapter exist.
(3) 
Circumstances such as age of building, type of building, particular use of premises or other factor render systematic inspections of such building necessary in the interest of public health and safety.
D. 
If the Judge of the Municipal Court of the City is satisfied as to the matter set forth in such affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist. Warrant for access may be issued by the Judge of the Municipal Court upon affidavit of the Public Officer establishing grounds therefor pursuant to § 159-40.
In addition to the provisions of § 159-18, the Public Officer may, upon affidavit, apply to the Judge of the Municipal Court of the City for a search warrant to conduct an area inspection as that term is defined in § 159-1B.
A. 
The Public Officer shall have the power to withhold strict enforcement of the requirements of this chapter upon written application therefor by an owner, operator or occupant, after making determination that:
(1) 
Any variation or modification of structure or use approved by the Public Officer will not in any material way alter the standards of this chapter and cannot affect detrimentally the health or safety of occupants of the premises or the health, safety or welfare of the occupants or owners of adjacent premises or of the neighborhood.
(2) 
Strict enforcement would constitute an undue and unnecessary hardship on the owner, operator or occupant because it would compel expenditures on the premises which would be substantially disproportionate to any benefit to health, safety or welfare that might be derived therefrom.
(3) 
The owner, operator or occupant is without any practical or feasible means to comply with the strict provisions of this chapter.
(4) 
The strict enforcement of the provisions of this chapter would require the installation of repairs and improvements estimated to exceed $300 in cost, and the premises subject to this chapter are contemplated for acquisition or are within an area where acquisition is contemplated by a public agency having the power of eminent domain and there is a reasonable likelihood that such premises will be acquired within a period of two years, provided that any waiver of the provisions of this chapter shall be canceled, and the Public Officer shall strictly enforce this chapter if it shall be ascertained subsequent to the granting of the waiver that the premises are in fact not to be acquired for any public use or purpose.
(5) 
Strict compliance with this chapter would require substantial structural changes to the premises.
(6) 
The nonconformity is of a technical and insubstantial character or there is an alternative means, satisfactory to the Public Officer, to be used which will eliminate violations of this chapter constituting hazards to the health, safety and welfare of the occupants of the premises and persons in the immediate vicinity thereof.
B. 
Upon denial of any such application, the owner, operator or occupant may request a hearing, which shall be held in accordance with the provisions of § 159-28.
C. 
Such application shall not constitute a defense of any violation of this chapter concerning which any proceedings are pending in the Municipal Court when the application is filed, nor shall any variance or modification allowed under this section constitute a vested right against any ordinance enacted by the City Council compelling strict enforcement of any provisions of this chapter.
Where variations or modifications of any section of this chapter are approved by the Public Officer or by action of any court, a written record thereof, stating the name of the applicant, the address of the premises, the variation or modification approved, date of approval and the reasons therefor satisfying the provisions contained in this section, shall be prepared by the Public Officer and filed both under the section or sections of this chapter to which the variation or modification applies and under the address of the premises, and such files shall be available for public inspection in the office of the Public Officer during regular business hours.
[1]
Editor's Note: Former § 159-22, Inspections and status reports on request; applications, was repealed 4-26-2004 by Ord. No. 10-2004.
[1]
Editor's Note: Former § 159-23, Scope and effect on inspection and status reports, was repealed 4-26-2004 by Ord. No. 10-2004.
[1]
Editor's Note: Former § 159-24, Fees for inspection, was repealed 4-26-2004 by Ord. No. 10-2004.