§ 14-121. Inspections to enforce chapter—Generally.

For purposes of enforcement and administration of chapter 14 of this Code, the following shall apply:

(a)

The city, acting as the enforcing agency, may require inspections be made for the enforcement of this chapter.

(b)

The city shall be entitled to, but not required to, inspect the premises upon one or all of the following:

(1)

When ownership of the premises changes (see section 14-95); or

(2)

Except in the case of an emergency, as defined herein, and after the tenant attempts to notify the owner or responsible local agent of the emergency, a person may verbally notify the city of the emergency situation. In all other cases, the tenant, after attempting to notify the owner or local responsible agent of the alleged violation, may make a written complaint to the city specifying the alleged violation that makes the premises uninhabitable, unsafe or not in compliance with city codes, and the owner and/or local responsible agent's response, if any, to the complaint.

(c)

The city shall have authority to obtain a search warrant to perform any inspection authorized by this chapter or by state law. Such a search warrant shall be deemed to be an administrative search warrant, and shall permit an inspection to go forward only if authorized by this chapter and state law. Such a search warrant shall be issued in the event that the premises in question have not been inspected within the time period prescribed by ordinance, by administrative policy, or by rule, or when the premises no longer have a current certificate of compliance. For those premises which have not previously been certified under this chapter, the search warrant shall establish the legal basis necessary to issue a search warrant under applicable state and federal law. Any search warrant issued under this chapter shall establish that the city has complied with such other provisions of this chapter and such state laws as may be applicable.

(d)

Inspections under this section shall be carried out by the city as the enforcing agency and may include such representatives of other agencies as may form an inspection team to undertake an inspection under this chapter and other applicable ordinances.

(e)

In a non-emergency situation in which the owner or occupant demands a search warrant, the city shall obtain a warrant from a court of competent jurisdiction. The occupant shall have the exclusive right to demand a search warrant for an inspection of any dwelling unit. The warrant shall state the address of the building to be inspected, the nature of the inspection, as defined in this chapter or other applicable ordinances, and the reasons for the inspection. It shall be appropriate and sufficient to set forth the basis for inspection (e.g., mandatory periodic inspection, complaint, area or recurrent violation basis) established in this section, in other applicable statutes, ordinances or in rules or regulations. The warrant shall also state that it is issued pursuant to authority granted by this chapter and by the authority of § 127 of Public Act 167 of 1917, as amended (MCL 125.527), and that it is for the purposes set forth for the inspection of rental property by state statutes and city ordinances. The owner and/or responsible local agent shall be responsible for providing access whenever a search warrant is issued pursuant to the provisions of this chapter.

(f)

The city may, subject to approval by the city commission, establish and charge a reasonable fee for inspections conducted under this chapter.

(Ord. No. 207, Art. III, 12-19-16)