Sterling — Ch. 18 Art. XI Residential Rental Property § 18-305

(a) Inspections and access. It is the goal of this article that all residential rental units subject to this article shall be inspected in accordance with the schedule provided within the code.
(1) Initial inspection. For purposes of administrative efficiency, because of staffing limitations, and to enable implementation of the rental inspection program, the rental inspection for any residential rental unit situated in the city may take place when the residential rental unit is occupied or unoccupied by persons legally in possession. For any such inspection, notice of inspection under subsection (c) below shall be given to the owner and any known tenant of the property to be inspected. This subsection shall not be construed in any manner to limit or circumscribe the city's ability to conduct an inspection of occupied residential rental property, including, but not limited to, circumstances where the city has received a complaint from a residential rental unit occupant as to the condition of the unit, or, where other circumstances exist which justify the city seeking an administrative warrant, or upon request of any owner or occupant. After the initial inspection, future inspections shall be scheduled as provided in subsection 18-420(4).
(b) New construction and remodeled property.
(1) Neither the common areas nor the dwelling units of newly constructed residential rental units shall be further inspected after the completion and issuance of a certificate of occupancy for a period of five years from the date of said certificate, unless a complaint is received concerning such premises. Thereafter, premises shall be inspected in accordance with the requirements of this article. Any such newly constructed residential rental units shall, however, be subject to the registration requirements of this section upon completion. New construction does not mean "remodeled" pre-existing property.
(2) Neither the common areas nor the dwelling units of any substantially remodeled and/or renovated residential rental units shall be further inspected after the date of the completion and issuance of a certificate of occupancy for a period of five years from the date of said certificate, unless a complaint is received concerning such premises. Thereafter, the premises shall be inspected in accordance with the requirements of this article substantially remodeled and/or renovated shall be defined to mean where the costs to complete such work exceeds 60 percent or more of the market value of the unit or structure immediately before undertaking of the project.
(c) Notice of inspection. Notice of a proposed inspection shall be given to the owner or local agent of a unit scheduled for inspection, notice to be given as follows:
(1) To the owner, if the unit is unoccupied;
(2) To the owner and to the resident, if the unit is occupied prior to inspection or re-inspection.
Notice of inspection shall contain, at minimum, the following: (3)
The date and time of the inspection;
(4) The name and employment capacity of the person or persons to conduct the inspection;
(5) The purpose of the inspection, i.e., that the inspection is being conducted pursuant to the city's residential rental housing code, to determine whether the unit complies with the minimum standards established under applicable city codes;
(6) The right of the owner to object to the inspection when the unit is unoccupied or owner-occupied, and the right of the resident to object to the inspection when the unit is lawfully occupied;
(7) The means by which an objection may be made to the inspection, including where and to whom an objection may be made in person, a mailing address for written objections to be made by mail, fax, or e-mail and a number for placing an objection by telephone;
(8) A statement that if the basis for objection is a matter of the proposed date or time of the inspection, that the inspection may be rescheduled to a convenient date and time;
(9) A statement that the receipt of an objection from the owner, in the case of unoccupied or owner-occupied property, or from the permanent resident, in the case of occupied property, shall stay the inspection. In such circumstances the city will apply to the circuit court for an administrative warrant authorizing the inspection;
(10) Written notice of the inspection shall be directed to the owner or local agent and the tenant via U.S. Mail or personal service no less than 30 days before the proposed inspection. Notice to the permanent resident may be addressed to "occupant" or "resident" where the name of the permanent resident is unknown.
(d) Frequency of inspections and classification of properties. All residential rental units subject to this section shall be subject to periodic inspection by the city, not less than every four years, as set forth herein and to the extent determined by the building inspector. After such inspection, the residential rental property will be graded and classified as follows:
(1) Class A. The residential rental unit is in excellent condition and has no violations of applicable City codes requiring re-inspection. The building official/inspector shall issue a certificate of occupancy for such unit. Such property shall be thereafter inspected after a four (4) year period has elapsed from the inspection. Any unit receiving an "A" classification shall receive a placard suitable for display or posting on the property, which may be displayed, at the property owner's election, until such time the classification is changed.
(2) Class B. The residential rental unit has minor violations of applicable city codes requiring re-inspection, but the violations do not pose an immediate threat of danger to the life, health and safety of the occupants of the unit. The building official/inspector shall issue a conditional certificate of occupancy for the residential rental unit. Any unit so classified shall be thereafter inspected after a two-year period has elapsed from the re-inspection. The owner shall notify the city within 30 days of completion of corrective action to address the violations which have been corrected and request a re-inspection to verify compliance. In the absence of the owner's notification that the repairs have been completed and that a re-inspection may be scheduled, the city may seek an administrative warrant to perform the re-inspection.
(3) Class C. The residential rental unit has multiple or significant violations of applicable city codes requiring re-inspection, but the violations do not pose an immediate threat of danger to the life, health or safety of the occupants of the unit. Any unit so classified shall be thereafter inspected after a one-year period has elapsed from the re-inspection. The owner shall notify the city within 30 days of completion of corrective action to address the violation/violations which have been corrected and to request a re-inspection to verify compliance. In the absence of the owner's notification that the repairs have been completed and the re-inspection may be scheduled, the city may seek an administrative warrant to perform the re-inspection.
(4) Class D. The residential rental unit has serious health and safety violations that pose a threat to the health and safety of the occupants or of the public. The building official/inspector shall not issue a conditional certificate of occupancy. The building official/inspector may issue a condemnation order. Such a Class D unit is one that will require significant repairs to comply with the minimum standards of applicable codes. It is a violation of this Article for an owner to permit occupancy of a unit so classified until the property is brought up to the minimum standards. In the event the owner permits occupancy of the unit after the building official/inspector has deemed the unit unfit for human habitation, the tenant shall be notified in writing. The owner shall notify the city within 30 days of completion of corrective action to address the violation/violations which have been corrected and to request a re-inspection to verify compliance. In the absence of the owner's notification that the repairs have been completed and the re-inspection may be scheduled, the city may seek an administrative warrant to perform the re-inspection. Any unit so classified shall be thereafter inspected after a 60-day period.
(5) For properties classified as Class B, Class C, and Class D above, upon re-inspection and a finding by the building official/inspector that the property complies with the applicable building and property maintenance codes of the city, the building official/inspector shall issue a certificate of occupancy for the applicable period.
(e) Right to refuse inspection. The inspection or re-inspection of residential rental units shall either be by the consent of the permanent resident, if the unit is occupied, or by the consent of the owner, if the unit is unoccupied, or pursuant to an administrative warrant. If an objection as described in subsection 18-305 (c)(6) has been submitted to the city, no entry or inspection shall be made without the city's procurement of an administrative warrant from a court of competent jurisdiction. In support of an application for an administrative warrant, the city may offer, and request that the court consider the following factors, along with such other matters that the court deems relevant, in its determination as to whether a warrant should be issued:
(1) Eyewitness reports of violations;
(2) Citizen complaints;
(3) Permanent resident complaints;
(4) Plain view violation or violations;
(5) Violations apparent from city records or from other reliable sources;
(6) Deterioration of the property, including, but not limited to, observed exterior violations or conditions demonstrating or suggesting inadequate overall property maintenance;
(7) The age of the property;
(8) The nature of any reported or plain view violation, including, but not limited to, potential effects on the health or safety of occupants of the public;
(9) Conditions of similar properties in the area;
(10) Whether or not any prior inspections have been conducted, and, if so, the amount of time elapsed since any prior inspection.