Section 22-187 Procedure for issuance of certificate.
Prior to the adoption of Ord. 20848 on 01/18/2011, Section 22-187 read as follows.
(a) Inspection prerequisite. The director shall make an inspection of
the dwelling or dwellings
for which a satisfactorily completed and executed application for a certificate of compliance is
filed. Such inspection shall be made pursuant to consent or a search warrant issued under the
provisions of section 22-189 of this article. No person shall be prosecuted for a violation of this
article prior to inspection of the dwelling or dwellings for which an application for a certificate
of compliance has been filed, provided that such application is satisfactorily completed and
executed and is filed at least forty-five (45) days prior to the date when the applicant must obtain
or renew the certificate of compliance.
(b) Inspection of each unit. An inspection shall be required for each
dwelling or rooming unit
sought to be licensed, provided that the director, upon written request by the applicant, may
determine by random sampling of at least thirty (30) percent of the dwelling or rooming units,
whether an apartment house or rooming house containing more than thirty (30) dwelling or
rooming units complies with the provisions of chapters 6, 20, 23, 25 and 29 of this Code,
provided that those units inspected must be representative of the various types and location of
units in the dwelling and further that all units for which a violation complaint has been received
shall be inspected.
(c) Issuance. If, as a result of the inspection, the director determines
that the dwelling is in
compliance with the provisions of chapters 6, 9 (article II), 20, 23, 25 and 29 of this Code, he
shall issue a certificate of compliance to the operator.
(d) Violations. If, as a result of the inspection, the director shall
determine that the dwelling is
in violation of any of the provisions of chapters 6, 9 (article II), 20, 23, 25 of this Code, the
director shall notify the operator of the violations and proceed to correct such violations under
the provisions of chapters 6, 9 (article II), 20, 23, or 25 of this Code, whichever is applicable.
The operator of an apartment house, rooming house, two-family dwelling, or single
where any such violation is found to exist shall have all rights and remedies and shall be subject
to the procedures established by chapters 6, 9 (article II), 20, 23, or 25 of this Code, whichever is
(e) Certificate of use conditioned on compliance:
(1) Pending appeal. The operator of a dwelling
where violations of chapters 6, 9 (article II),
20, 23, 25 or 29 of this Code are found to exist may apply to the director for a certificate of use
conditioned on compliance to allow the operator to appeal from a notice of violation under the
applicable procedures. Such certificate shall be issued only if:
a. An appeal under the applicable
ordinance has been filed; and
b. Only for such time as is actually
necessary to complete said appeal.
A certificate of use conditioned on compliance issued
hereunder shall expire upon
completion of the appeals process unless extended under the provisions of subsection (e)(2)
(2) Period of compliance. A certificate of use
conditioned on compliance may be issued by
the director, on application, to make available a reasonable time for existing apartment houses,
rooming houses, two-family dwellings, or single rental units to come into compliance with the
provisions of chapters 6, 9 (article II), 20, 23, 25 or 29 of this Code. Such certificate shall be
a. On signing of a notarized
agreement by the operator admitting such violations and
agreeing to remove such violations within a reasonable time period agreed to by the director, or
established by an appeals board on appeal under subsection (e)(1); an
b. Only for the period as determined
by the director or established by an appeals board on
appeal under subsection (e)(1), which is reasonably required to remove such violations, which
period, if established by the director, shall in no event exceed one hundred eighty (180) days. A
of use conditioned on compliance shall be revoked if it appears that the operator is not correcting
the violations in accordance with the established compliance schedule.
A certificate of use conditioned on compliance may not be issued for a new dwelling,
two-family dwelling, or single rental unit, and may not be issued for any dwelling or rooming unit
which the director has declared to be an unsafe building or a structure unfit for human occupancy
under the building code of the city.
(f) Provisional Certificate of Compliance. If the owner, operator or tenant of a dwelling
has been convicted of a violation of chapter 29 of this Code, or the director has revoked the
certificate of compliance for the dwelling, the owner of the dwelling may apply to the director
for a provisional certificate of compliance. In addition to the requirements contained in section
22-186 of this article, the owner must also provide the director with information on the owners
compliance efforts or procedural changes which will ensure compliance with city codes. A
provisional certificate of compliance shall expire one (1) year from the date of issuance. The
director shall only issue a provisional certificate of compliance when the owner satisfies the
director that the structure and the use of the structure is in compliance with city code. The
director shall impose conditions upon which the provisional certificate of compliance is granted.
At a minimum, these conditions shall include the following requirements:
(1) Owner must consent to inspection by inspectors
at all reasonable times upon request by a
(2) Immediate revocation of the provisional certificate
of compliance if the code inspector
finds a violation of city codes.
If there are no violations of chapter 29 of this Code, the owner may apply to the director for an
extension of the provisional certificate of compliance for an additional one (1) year term. The
director may grant no more than two (2) extensions of the provisional certificate of compliance.
(Code 1964, § 11.1160)