Chapter 156 – Housing Code

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. 156.08 ACCESS BY OWNER OR OPERATOR FOR MAINTENANCE. Every occupant of a dwelling, dwelling unit, or rooming unit shall, upon proper notice, give access to the owner, operator, or agent or employee to any part of such dwelling, dwelling unit, rooming unit, or premises at all reasonable times for the purpose of effecting such maintenance, making such repairs, or making such alterations as are necessary to effect compliance with any lawful notice or order issued pursuant to the provisions of the Housing Code. 156.09 EMERGENCY ORDERS. Whenever the inspector, in the enforcement of the Housing Code, finds that a condition exists which requires immediate action to protect the health or safety of the occupants and/or the general public, the inspector may, without notice or hearing, issue an order reciting the existence of such a condition and requiring that action be taken such as the inspector deems necessary to abate the condition. If necessary, the Director may order that the premises be vacated forthwith, and said premises shall not be reoccupied until the order to make repairs has been complied with. Notwithstanding other provisions of the Housing Code, such order shall be effective immediately or in the time and manner prescribed by the order itself. 156.10 PLACARDING OF STRUCTURES; CONDEMNATION REFERRALS. 1. Placarding Procedures. Any dwelling, dwelling unit, or rooming unit found to be so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a hazard to the health or safety of the occupants or of the public shall be determined to be unfit for human habitation and shall be so designated and placarded by the Director.