§ 17.09.030. Program for rental inspection.

(a)

Regular Rental Inspections. Regular rental inspections of each rental property shall be inspected in accordance with a program of regular rental inspections conducted not more frequently than yearly nor less than every three years for each rental property.

(1)

At the time of registration, the building official shall provide to the applicant a copy of the current criteria by which rental property shall be routinely inspected. These criteria may be presented in any format reasonably calculated to convey the information accurately and concisely. These criteria will be consistent with the provisions of this title. A copy of the criteria is to remain on file in the office of the building official.

(2)

If the building official through investigation or by complaint discovers that an owner or operator of rental property has failed to meet the registration requirements of this title, the owner or operator of the rental property shall be (i) fined in accordance with the schedule of fees for each unregistered rental dwelling unit or rooming unit and (ii) such unregistered rental dwelling unit(s) or rooming unit(s) owned or operated by the landlord or operator shall be inspected on an annual basis for a period not to exceed three years.

(3)

The building official shall establish a notification process (written or electronic) by which an owner or operator of rental property will be notified in advance of a regular rental inspection of the rental property. A copy of the notification process is to remain on file in the office of the building official.

(b)

Other Rental Inspections. Rental property may be inspected on a more frequent basis to ensure compliance with this code based upon one or more of the following criteria:

(1)

Information is received indicating that there is a violation of the provisions of this code;

(2)

An observation is made by any city official of a possible violation of the standards or the provisions of this code;

(3)

Information is received indicating that a rental property is unoccupied and unsecured or that a rental property is damaged by fire, water, or other causes detrimental to the structure;

(4)

A determination must be made whether there is a compliance with a notice or an order issued by a code official;

(5)

A public health, safety, or welfare emergency is observed or is reasonably believed to exist;

(6)

A rental property is to be demolished by the city or the ownership is to be transferred to the city; or

(7)

A rental property is declared a nuisance property pursuant to Chapter 8.54 of the municipal code.

(c)

Spot Inspections. A spot inspection is an inspection conducted by the building official in one of two ways: either upon the observation by a city official of a rental property obviously and substantially out of compliance, or by lot. This inspection will be scheduled with the owner or operator of the rental property.

(d)

Requested Inspections. Upon the request of the owner or operator of a rental property, the building official shall inspect the rental property to determine compliance with the Council Bluffs Property Maintenance Code.

(e)

Tenant-requested Inspection. Tenant-requested inspections must comply with the provisions of section 17.09.040. After proper documentation is provided, the building official shall perform an inspection to verify compliance with the Council Bluffs Property Maintenance Code.

(f)

Inspections. The building official shall establish a rating system with three classifications: in compliance; substantially in compliance; and, out of compliance.

(1)

If after inspection a rental unit is deemed to be in compliance, a certificate of compliance shall be issued;

(2)

If after inspection a rental property is deemed to be substantially in compliance, a list of deficiencies shall be provided to the owner or operator with a stipulated time frame in which to make the repairs. The owner or operator shall notify the building official once the identified repairs have been completed; and

(3)

If after inspection a rental property is deemed to be out of compliance, a list of deficiencies shall be provided to the owner or operator with a stipulated time frame in which to make the repairs. Upon completion of the repairs, the owner or operator shall schedule a no-charge reinspection of the rental property to confirm compliance. If the building official finds at that time that the repairs have not been completed successfully, the owner or operator shall be required to pay the reinspection fee set out in the current schedule of fees for each successive reinspection required to confirm compliance.

(g)

Hierarchy List. The building official shall provide a hierarchy list, which shall set forth the current classification of deficiencies or various other conditions of non-compliance with the standards established by this title, according to relative importance or inclusiveness. A copy of the hierarchy list is to remain on file in the office of the building official.

(h)

Placarding, When Allowed. Rental property that is deemed unsafe under Section 108 of the International Property Maintenance Code may be placarded and any tenants may be ordered to vacate the structure until such time as the property is brought into compliance. Rental property that is deemed unsafe under Section 108 of the International Property Maintenance Code may be placarded and abated consistent with Iowa Code Section 657A.

(Ord. No. 6224, 1-26-2015).