§ 156.07 Inspection

1. Inspection of Owner-Occupied, Single-Family Dwellings. Inspections of owner-occupied, single-family dwellings shall occur only upon request or complaint to the inspector, and only the standards of Sections 156.17, 156.19 and 156.20 of this chapter shall be applicable.

2. Inspections of Structure Items. The provisions of Sections 156.17 and 156.18 of this chapter in effect at the time of issuance of a certificate of structure compliance shall be the only structure standards applicable to a dwelling. Upon the issuance of a certificate of structure compliance, there shall be no further inspection and enforcement of the structure items under Sections 156.17 and 156.18 of this chapter.

3. Maintenance Inspections. Inspections of the provisions of Section 156.19 of this chapter shall be conducted upon request, on a complaint basis and/or through a program of regular rental inspections. Regular inspections shall be conducted as determined by resolution of the Council.

4. Right to Access by Inspector.

A. The inspector is hereby authorized to conduct consensual inspections of any dwelling within Tiffin in order to perform the duty of safeguarding the health, safety, and general welfare of the occupants or the public. Whenever necessary to make an inspection to enforce any of the provisions of the Housing Code or whenever the inspector has reasonable cause to believe that there exists in any dwelling, dwelling unit, rooming unit, or premises any condition which makes such unit or premises in violation of any provision of the Housing Code or in response to a complaint that an alleged violation of a provision of the Housing Code may exist, the inspector may enter such unit or premises at all reasonable times to inspect the same or to perform any duty imposed upon the inspector by the Housing Code, provided if such unit or premises be occupied, the inspector shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. The inspector and/or authorized representative shall, at such time: (i) identify himself or herself and his or her position; and (ii) explain why entry is sought.

B. If entry is refused, the inspector shall request that the inspection be conducted at a reasonable time, suitable to the owner or occupant. If the request for future entry is refused, the inspector shall, at that time or at a later time, explain to the owner and/or occupant that: (i) the occupant may refuse, without penalty, entry without a search warrant; and (ii) the inspector may apply to the magistrate for a search warrant.

5. Search Warrant. If consent to inspect a building is withheld by any person having the lawful right to exclude, the inspector may apply to a magistrate of the Iowa District Court for a search warrant of the building. No owner or occupant or any other person having charge, care, or control of any dwelling, dwelling unit, rooming unit, structure, or premises shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the inspector or authorized representative for the purpose of inspection and examination pursuant to the Housing Code.

1. Inspection of Owner-Occupied, Single-Family Dwellings. Inspections of owner-occupied, single-family dwellings shall occur only upon request or complaint to the Inspector, and only the standards of Sections 156.17, 156.19, and 156.20 of this chapter shall be applicable.

2. Inspections of Structure Items. The provisions of Sections 156.17 and 156.18 of this chapter in effect at the time of issuance of a Certificate of Structure Compliance shall be the only structure standards applicable to a dwelling. Upon the issuance of a Certificate of Structure Compliance, there shall be no further inspection and enforcement of the structure items under Sections 156.17 and 156.18 of this chapter.

3. Maintenance Inspections. Inspections of the provisions of Section 156.19 of this chapter shall be conducted upon request, on a complaint basis or through a program of regular rental inspections. Regular inspections shall be conducted as determined by resolution of the Council.

4. Right to Access by Inspector.

A. The Inspector is hereby authorized to conduct consensual inspections of any dwelling within the City in order to perform the duty of safeguarding the health, safety, and general welfare of the occupants or the public. Whenever necessary to make an inspection to enforce any of the provisions of the Housing Code or whenever the Inspector has reasonable cause to believe that there exists in any dwelling, dwelling unit, rooming unit, or premises any condition which makes such unit or premises in violation of any provision of the Housing Code or in response to a complaint that an alleged violation of a provision of the Housing Code may exist, the Inspector may enter such unit or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Inspector by the Housing Code, provided if such unit or premises be occupied, the Inspector shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. The Inspector or authorized representative shall, at such time: (i) identify himself or herself and his or her position; and (ii) explain why entry is sought.

B. If entry is refused, the Inspector shall request that the inspection be conducted at a reasonable time, suitable to the owner or occupant. If the request for future entry is refused, the Inspector shall, at that time or at a later time, explain to the owner or occupant that: (i) the occupant may refuse, without penalty, entry without a search warrant; and (ii) the Inspector may apply to the magistrate for a search warrant.

5. Search Warrant. If consent to inspect a building is withheld by any person having the lawful right to exclude, the Inspector may apply to a magistrate of the Iowa District Court for a search warrant of the building. No owner or occupant or any other person having charge, care, or control of any dwelling, dwelling unit, rooming unit, structure, or premises shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the Inspector or authorized representative for the purpose of inspection and examination pursuant to the Housing Code.