Breese — Ch. 7 Art. IX Residential Rental Properties § 7-9-9
HEALTH SAFETY INSPECTIONS
Operative Text
(A) Unless otherwise provided herein, at each change in tenancy, a Health Safety Inspection Certificate of Compliance must be obtained by every owner and/or landlord, or the agent or representative of the owner and/or landlord of residential rental property. A change of tenant(s) requires all residential rental property be brought into compliance with City Code. If the residential rental structure or residential rental property is found to be in violation of The Code, the deficiencies must be corrected, and the property reinspected and approved, prior to being let for occupancy. If the residential rental real estate has a Health Safety Inspection Certificate of Compliance that has been issued less than one year earlier, the owner and or Landlord will not require another inspection until he or she enters into a new lease with residential tenant. (B) A change in ownership of residential rental property requires that all rental units be brought in to compliance with The City Code and that the owner/Landlord shall have obtained a Heath Safety Inspection Certificate of Compliance prior to entering into any residential lease. If the residential rental structure or residential rental property is found to be in violation of The Code, the deficiencies must be corrected, and the property re-inspected and approved prior to being let for occupancy. If the acquired real estate has a Health Safety Inspection Certificate of Compliance that has been issued less than one year earlier, the new owner will not require another inspection until he or she enters into a new lease with residential tenant. (C) Before any residential rental property can be let for occupancy, the owner or the agent or representative of the owner must submit the required application for a Health Safety Inspection and pay an inspection fee of $80.00. The inspection fee shall be applicable to each residential unit. (D) The required inspection fee of $80.00 allows for the initial inspection and one follow-up inspection for each residential rental property that has failed the initial inspection. (E) The application and fee for the Health Safety Inspection can be submitted to the City as soon as the residential property is available for a new tenant; the City shall make every effort to have the inspection completed within 48 hours (exclusive of weekends and holidays). (F) The owner and/or Landlord, or the agent or representative of the owner and/or Landlord shall make an appointment at City Hall with the Residential Rental Inspector for an inspection of the residential rental property to determine compliance with the City Code. (G) When the residential rental property inspection process is completed, the Residential Rental Inspector will notify the owner and/or Landlord, or the agent or representative of the owner and/or Landlord. (H) If the Residential Rental Inspector determines that the residential rental property that is subject to the inspection complies with the City Code, a Health and Safety Inspection Certificate of Compliance will be issued from the City. (I) If, however, the residential rental property is not in compliance with the City Code, it will not be approved for a Health Safety Inspection Certificate of Compliance and the owner and/or Landlord, or the agent or representative of the owner and or Landlord, will receive a violation notice describing the violations and the corrections to be made. (J) A Health Safety Inspection Certificate of Compliance shall remain valid until the sooner of any of the following: (1) The City revokes or suspends the Health Safety Inspection Certificate of Compliance due to a violation of the City Code related to the residential rental structure or residential rental property at issue; (2) Change in tenancy at the residential rental property, unless the change in tenancy occurs within one year of the issuance of the previous Certificate of Compliance; (3) Change in tenancy after change in ownership of residential rental property or short term rental property, unless a certificate of Compliance was issued less than one year prior; (4) The residential rental property is damaged or destroyed to the extent it is no longer habitable. (K) If the Owner and/or Landlord, or the agent or representative of the Owner and/or Landlord retains the utilities in the owner, Landlord or agent/representative's name, then the City shall require an annual inspection of the residential rental property. (L) A Health Safety Inspection Certificate of Compliance may not be transferred from one residential rental property to another. (M) In the event an owner and/or landlord, or representative of the owner and/or landlord or the tenant/occupant of a residential rental property refuses to allow the Residential Rental Inspector to inspect a residential rental property, schedule a time to inspect the residential rental property or otherwise fails to comply with The City Code, the City reserves all remedies to secure compliance with this section including, with out limitation, issuing continuing fines, seeking a search warrant to conduct an inspection, seeking all available fines and penalties, or suspending or revoking a Health Safety Inspection Certificate of Compliance for the real estate at issue. (N) Residential Rental Inspector shall complete as many re-inspections as are necessary to ensure that appropriate corrective action has been taken to bring the residential rental property in to compliance The City Code. (O) The owner and/or landlord, or the agent or representative of the owner and/or landlord, shall be charged $80.00 for the initial inspection and one follow-up inspection of the residential rental property to ensure compliance with this section. After the initial inspection and follow-up inspection, the owner and/or landlord or the agent, or representative of the owner and/or landlord, shall be charged $80.00 for each inspection deemed necessary by the City to bring the residential rental property into compliance with The City Code.
Breese Ch. 7 Art. IX § 7-9-9 establishes a Health Safety Inspection program requiring residential rental properties to obtain a Certificate of Compliance before being rented out at each change in tenancy or change in ownership. A certificate remains valid for up to one year, after which a new inspection is generally required when a new tenancy begins. Properties found to be out of compliance with City Code cannot be occupied until deficiencies are corrected and the property passes reinspection.
Plain English — not legal advice.
Under § 7-9-9, compliant operators schedule a Health Safety Inspection through City Hall with the Residential Rental Inspector before each new tenancy, submitting the required application and an $80 inspection fee per unit. If a property fails the initial inspection, the $80 fee covers one follow-up inspection; any additional reinspections required to achieve compliance are each billed at $80. Operators who hold utilities in their own name should be aware that § 7-9-9(K) triggers an annual inspection requirement, and that certificates cannot be transferred between properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7-9-9 gives tenants an interest in knowing that a valid Health Safety Inspection Certificate of Compliance should generally be in place before a residential rental unit is let for occupancy. If a unit is rented without a current certificate, or if an inspector is refused access in a way that affects compliance status, the City retains remedies including fines and certificate suspension under § 7-9-9(M). Tenants who have concerns about whether their unit has been properly inspected may contact the City of Breese directly or reach out to a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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