Rental Inspections

   (A)   The owner(s), agent(s) or person(s) in charge of every residential rental unit or structure shall be responsible for the maintenance thereof in good repair and safe condition in compliance with the requirements of this chapter, the requirements established by the city administratively, and all other applicable law. The owner shall also be responsible for maintaining in a safe and sanitary condition the shared or common areas of the premises.

   (B)   The occupant(s) of a residential rental unit or premises shall be responsible for maintaining in a safe and sanitary condition that part of the unit and premises which he or she occupies and controls. In addition, such occupant shall be responsible for maintaining in a safe condition all equipment and appliances which he or she owns.

   (A)   Interior and exterior inspection of each rental unit shall be conducted on in order to establish compliance with the minimum maintenance and safety standards and documented on an inspection form provided by the city. Multi-family dwellings are not required to submit an inspection of the interior rental units, if said units are annually inspected by a governmental agency, such as the Bowling Green City Fire Department, so long as said inspection includes substantially similar factors as those set forth in the city approved inspection forms provided for herein. Multi-family dwellings are required to complete an annual fire inspection of common areas, hallways, and lobbies, etc. All multi-family dwellings are required to file an exterior inspection report with the city.

      (1)   The initial exterior inspection reports for all rental units are to be filed by October 1, 2023. Future exterior inspection reports are to be filed on a bi-annual basis (every two years) to be completed between June 1 and October 1 of each exterior inspection year.

      (2)   The initial interior inspection reports are to be filed in the first year between June 1, 2023 and October 1, 2023. Future interior inspection reports are to be filed between June 1 and October 1 of each year.

   (B)   Inspections shall be conducted by the owner, designated agent or be contracted for with a City of Bowling Green approved inspector.

      (1)   City forms and inspection timelines required. The results of all inspections shall be clearly documented on city supplied and/or approved inspection forms, and such inspections shall be in compliance with the timelines and criteria specified within this chapter and signed by the owner or a designee and by an occupant if the unit is occupied at the time of inspection. Occupant shall attest only to receipt of the inspection checklist, and not to its accuracy. A copy of the most recent inspection form shall also be provided by all owners to all prospective occupants. Any violation that is disclosed in the course of the inspection of the premises in question shall be brought into compliance in accordance with the timelines established under the provisions of this chapter. Any unresolved violations shall be reported to the Zoning Inspector of the city so that enforcement proceedings can be commenced.

      (2)   Provision of completed inspection forms to the city. Copies of all completed rental unit inspection forms, including any forms required by this Code relating to changes in occupancy or ownership, shall be provided to the City Zoning Department in a timely manner.

      (3)   Provision for city verification of compliance. The city shall have the authority and discretion to verify compliance by conducting onsite inspections and/or through any other relevant means, as arranged with the owner, manager, or designated agent, or pursuant to a search warrant issued by judicial authority. The fee for each such re-inspection shall be as incurred by the city.

   (C)   The City Administrator or a designee may set and periodically revise a schedule of fees to be approved by City Council for the registration and self-inspection program created by this chapter.

  (A)   A rental housing property shall be approved for continuation of self-certification inspection if all of the following circumstances exist:

      (1)   After the last inspection conducted pursuant to this chapter, the Planning Director determines that either no violations exist on the property or the violations identified were abated within 30 days unless extended by the Planning Director;

      (2)   The owner and local agent are in compliance with all applicable provisions of this chapter; and

      (3)   The property owner is not delinquent on any payment to the city of fees, penalties, taxes or any other monies related to the property.

   (B)   A rental housing property may be removed from the self-certification inspection program if any of the following circumstances occurs:

      (1)   A notice and order relating to the rental housing property is issued pursuant to the provisions of this code;

      (2)   The rental housing property is repeatedly in violation of this code or any other applicable law, even though the violations are abated within 30 days; or

      (3)   Any of the circumstances set forth in division (A) of this section cease to exist.

   (C)   Self-certification inspection shall be accomplished in the manner set forth below:

      (1)   Inspect (interior and exterior) each rental housing unit for compliance with the requirements of the self-certification (interior and exterior) form provided by the city;

      (2)   Immediately make any repairs to the rental housing unit that are necessary to achieve compliance with the requirements set forth in the self-certification inspection forms within 30 days unless extended by the Planning Director;

      (3)   Complete the self-certification forms;

      (4)   Sign the self-certification form and have at least one current occupant, if any, sign the form; and

      (5)   Provide a copy of the completed self-certification forms to the occupants of the corresponding rental housing unit.

   (D)   If any rental housing unit cannot be self-certified because necessary repairs cannot or will not be made, the owner shall immediately notify the city with a plan (including time schedule).

   (E)   It shall be unlawful to falsify any information required on the self-certification inspection forms.

When a property does not qualify for self-certification, a home inspector that is approved by the City of Bowling Green will be required to perform both the exterior and interior inspections. Fees for the inspection service will be the responsibility of the property owner. The inspections will be required to be filed with the city on inspection forms provided by the city within 30 days of the completion of the inspections accompanied with a written plan to correct any non-compliance.

   (A)   None of the inspection provisions contained in this chapter shall prohibit, condition or otherwise limit any inspection conducted pursuant to any other provision of this code or other applicable law.

   (B)   The following dwellings are exempt from the requirements of this chapter:

      (1)   Single family dwellings that are occupied by members of the property owners' family;

      (2)   For two-family dwellings, if the owner occupies one of the dwellings, then the personal residence unit of the owner-occupant shall be exempt from this chapter.

      (3)   Nursing homes;

      (4)   Hotel and motels;

      (5)   Dormitories;

      (6)   Group homes; and

      (7)   Bed and breakfast inns.

   (A)   Registration Posted. The rental registration shall be conspicuously posted and maintained within the residential rental unit in a common area or other area so that the rental registration is visible to occupants and inspectors.

   (B)   Occupant Information. The owner shall be required to distribute to occupants annually, and to each new occupant, an information sheet provided by the city describing key local regulations, ordinances, including those pertaining to noise, alcohol, and nuisance houses, and state laws applying to residential rental units. As part of this registration and self-certification process, the owner shall attest to distributing the information sheet to occupants.

   (A)   Any person or entity that violates or fails to comply with the registration provisions of this chapter shall be subject to an administrative penalty of $250 for each week the dwelling unit is not registered as provided in this chapter.

   (B)   Any person or entity who violates or fails to comply with any other of the provisions of this code including, but not limited to, failure to submit exterior inspections, failure to submit interior inspections, failure to identify an agent when required (within 35 miles of the City of Bowling Green), intentional submission of false information or failure to notify of ownership change, shall be subject to the following administrative penalties:

      (1)   For a first offense, an administrative penalty of $100.

      (2)   For a second offense, an administrative penalty of $200.

      (3)   For a third offense, an administrative penalty of $500.

   (C)   In addition to any other remedy provided by law, the city may collect any fee, cost or charge imposed pursuant to this chapter that has not been paid within 45 days of notice thereof, by making the amount of the unpaid fee, cost or charge a lien against the rental housing property that is the subject of the fees, costs or charges by being placed on the tax duplicate.

   (D)   Owners of rental units may be requested to provide access and entry to their rental units by the Zoning Inspector at all reasonable times. Should the owner of said property fail to schedule an appointment within 30 days after having been notified of the need to do so by ordinary U.S. Mail or electronic mail sent to the address provided in the property registration, the Zoning Inspector shall select a date and time for the owner to make the rental unit available for inspection. The owner shall be notified by ordinary U.S. Mail or electronic mail sent to the address provided in the registration. If the owner fails to cooperate, the Zoning Inspector shall then obtain a search warrant from the Municipal Court Judge, and then conduct an inspection.

   (E)   Should an owner schedule an appointment with the Zoning Inspector or his/her designee and seek to cancel said appointment but fail to do so by 9:00 a.m. of the day of the scheduled inspection, the City Administrator shall impose a penalty of $100 against the owner. The Zoning Inspector may then choose to schedule a new date with the owner or impose a time and date in the manner set forth in Division (D) hereof. In either case, the City Administrator shall impose a $250 administrative penalty against the owner if the rental unit is not made available for inspection on the next selected date and time.