Moline DIVISION 1. RENTAL HOUSING INSPECTION PROGRAM § 8-8104

(a) Safety inspection. All rental property subject to this division shall be subject to a periodic safety inspection by the City as set forth herein and to the extent determined by the building official.


(1) All rental property covered by this ordinance shall be subject to inspection in accordance with this section. After inspection, the property will be classified as follows:


a. CLASS A - The property is in excellent condition and has minor or no violations of applicable City codes requiring re-inspection. The property shall be re-inspected in four (4) years or at any time there is probable cause a violation exists. If violations are found, it is the owner's responsibility to notify the City when repairs have been completed and request a re-inspection to verify compliance. The City shall presume that repairs have not been completed if an owner does not notify the City, and the City shall issue a notice to appear for a hearing either in the Municipal Code Enforcement System or circuit court.


b. CLASS B - The property is in good condition and has minor violations of applicable City codes requiring re-inspection and the violations do not pose an immediate threat of danger to the life, health and safety of the occupants of the property. The property shall be re-inspected in two (2) years or at any time there is probable cause a violation exists. It is the owner's responsibility to notify the City when repairs have been completed and request a re-inspection to verify compliance. The City shall presume that repairs have not been completed if an owner does not notify the City, and the City shall issue a notice to appear for a hearing either in the Municipal Code Enforcement System or circuit court.


c. CLASS C - The property is in sound condition but has violations of applicable City codes requiring re-inspection but that do not pose an immediate threat of danger to the life, health or safety of the occupants of the building. The property shall be re-inspected in one (1) year or at any time there is probable cause a violation exists. It is the owner's responsibility to notify the City when repairs have been completed and request a re-inspection to verify compliance. The City shall presume that repairs have not been completed if an owner does not notify the City, and the City shall issue a notice to appear for a hearing either in the Municipal Code Enforcement System or circuit court.


d. CLASS N - New construction. First inspection four (4) years from date of the occupancy permit or at any time there is probable cause a violation exists.


(b) Owner or local agent to provide access to property.


(1) If the owner appoints a person other than the city clerk to act as his or her local agent, the owner or the owner's local agent shall, upon reasonable notice, provide the City access to inspection areas and may be present during any such safety inspection. If the owner or owner's local agent fails to provide access to all areas subject to inspection herein on a date and time agreed to between the City and owner or owner's local agent, the City may impose an additional fee as prescribed under Sec. 8-8107 . If the owner or owner's local agent refuses access to conduct a safety inspection, the City may apply to a court of competent jurisdiction for an administrative search warrant to search the premises as provided by this code and the common law of the State of Illinois.


(2) If the owner appoints the city clerk to act as his or her local agent, upon reasonable notice to the owner, it shall be the owner's exclusive responsibility to provide the City access to inspection areas or to arrange for such access. The owner or owner’s agent may be present during any such safety inspection. If the owner fails to provide access to all areas subject to inspection herein on a date and time agreed to between the City and owner, the City may impose an additional fee as prescribed under Sec. 8-8107 . If the owner refuses access to conduct a safety inspection, the City may apply to a court of competent jurisdiction for an administrative search warrant to search the premises as provided by this Code and the common law of the State of Illinois.


(3) Owners/Agents shall contact the City at least seven (7) business days prior to the scheduled inspection if they are unable to obtain their tenants' consent to the inspection, if a planned inspection includes the interior space under that tenant's exclusive possession. Failure to do so will be considered a missed inspection and subject to penalties as prescribed under Sec. 8-8107 .


(4) Probable cause to inspect dwelling units. If the City encounters any condition, fact, evidence or other indicia establishing probable cause that a code violation has occurred or exists upon the premises in a dwelling unit or property, the City may apply to a court of competent jurisdiction for an administrative search warrant to inspect the premises as provided by this Code and the common law of the State of Illinois.


(c) Tenant, occupant or other person in control of residential rental property or dwelling unit to provide access to property. If any tenant, occupant, or other person in control of a residential rental property or a dwelling unit contained therein fails or refused to consent to free access and entry to the property or dwelling unit under his or her control for any inspection pursuant to this division, the building official may apply the Circuit Court for an administrative warrant or other appropriate court order, authorizing such inspections.


(d) Property failing a safety inspection. Any and all code violations identified during a City safety inspection will be brought to the owner's attention by means of serving a copy of a safety inspection checklist to the owner or the owner's local agent, and the owner will be given a reasonable time to correct such code violations. If the property fails to pass re-inspection, and more than one (1) re-inspection is required, the owner shall be subject to fees and penalties as prescribed under Sec. 8-8107
. If the code violations remain uncorrected, the code violations will be referred to the building division, which will pursue compliance with applicable code provisions. Upon receipt of a notice and order to correct any and all code violations, the owner may appeal the notice. Any person having record title or legal interest in the building may appeal from the notice and order or any action of the building official, provided the appeal is made in writing as provided in the current housing code, and filed with the building official within fourteen (14) days from the date of service of such notice and order.


(e) Property passing a safety inspection. If, following any City initial or follow up safety inspection, a property is found to have passed such inspection with an approval of Class A, Class B or Class C, and the appropriate licensing and inspection fees have been paid to the City, then this classification rating will remain valid until such time as any subsequent City inspection determines otherwise. Property owners are still responsible for correcting any Code violations that are not part of the safety inspection and any Code violations that occur on a property during the interim period between inspections and will be subject to penalties as provided by City codes for failure to do so. The City may randomly or upon probable cause conduct a safety inspection of any residential rental property during the interim period in order to determine if the property continues to meet City codes. Should any property fail such a City inspection, then the classification rating may be revoked or reassigned. In the interim, the City shall proceed according to this division and nothing herein shall prevent or otherwise limit the City from enforcing this division or any other City code. A City safety inspection does not represent, ensure, warrant, or guarantee to any owner, purchaser, lessor, agent, attorney, lender, title, or property insurer or to any of their respective heirs, successors, or assigns, the condition of all of the code violations existing at the property at the time of the safety inspection. The City’s failure to list a code violation on an inspection report is not a warranty or guarantee that the violation does not or did not exist on the property.


(f) Inspection Fees. After the initial inspection has been completed, the property owner will be notified of any code violations. If a compliance inspection is not needed, a classification rating will be assigned. If a compliance inspection is needed, the compliance inspection will be scheduled. There is not a fee for the first compliance inspection. However, if additional compliance inspections are needed, fees will be charged as prescribed in Sec. 8-8107
. A missed inspection fee will also be assessed as prescribed under Sec. 8-8107
.


(Ord. No. 3038-2023; Sec. 8-8104 amended; 9/26/23)