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2022-028 - Amending Chapter 4, “Building Regulations,” Article 4.02, “Construction Codes and Standards.” Article 4.03, Section 4.03.004, “Building and Standards Commission Established; Proceedings; Civil Penalties,” Article 4304, “Residential Rental Prope
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2022-028 - Amending Chapter 4, “Building Regulations,” Article 4.02, “Construction Codes and Standards.” Article 4.03, Section 4.03.004, “Building and Standards Commission Established; Proceedings; Civil Penalties,” Article 4304, “Residential Rental Prope
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shall be deemed a separate offense for which a separate fine may be assessed. Appeals from the <br />municipal court shall be taken in the same manner as appeals from all other judgments of that court. <br />Violations of this article are strict liability offenses subject to the defenses to prosecution set forth in <br />this section. <br />(b) Upon conviction or deferred disposition, the property upon which the violation or violations <br />occurred and which is the subject of the municipal court case shall be subject to inspection by city <br />inspectors for a period of twenty-four (24) months after the date of conviction or the entry into an <br />agreement for deferred disposition to determine that the property is in compliance with this article. The <br />property owner shall be assessed a fee as set forth in the fee schedule in appendix A of this code for <br />each such inspection. <br />(c) These inspections authorized in this article shall be at the discretion of city code inspectors. <br />Code inspectors shall give reasonable notice to the owner and the residents of the property, and efforts <br />will be made to coordinate dates and times of inspections with the owners and/or occupants. Failure <br />of the owner or occupant to make the property available for inspection will constitute a separate <br />violation of this article, and any violations discovered during such inspections will be separate <br />violations as well. Convictions and/or deferred dispositions on new violations discovered during any <br />twenty-four (24) month inspection period will result in a new twenty-four (24) month period during which <br />the owner or occupant must make the property available for inspection. <br />(d) (1) It shall be a defense to prosecution under this article that: <br />(A) The occupant or tenant of residential rental property failed to give the owner <br />reasonable notice of a violation of this article prior to the city's sending a violation <br />notice to the owner; and <br />(B) The violation is corrected by no later than three (3) days prior to trial on the <br />violation to the court or no later than ten (10) days prior to trial on the violation to a <br />jury. <br />(2) For the purposes of this subsection, a reasonable notice from the occupant or tenant <br />to the owner shall be twenty-four (24) hours in the case of a life- or health -threatening <br />condition such as arcing electricity or non-functioning plumbing and five (5) business days <br />in the event of non -health- or life-threatening conditions. <br />(e) It shall be a defense to prosecution under this article that a residential rental property lacks <br />functioning water and sewer service if the reason for that failure is that an occupant or tenant has <br />failed to pay a utility bill, provided that the property otherwise complies with section 4.04.003(3). <br />(1y I residential rental unit in a listoric vedU District shall be rented unW it has been <br />re 1 se re 6r1i i accordance w the_provisions of this section. <br />Page 6 of 8 <br />
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