City spells out search warrant option to inspect homes

Law applies to rentals, owner-occupied residences at point of sale

Mentor-on-the-Lake leaders want to make it clear that the city can pursue search warrants to inspect rental homes or those involved in a sale transaction.

City Council recently passed legislation to clarify the potential steps in situations involving property owners or occupants who refuse access to city inspectors.

“We did have the authority to obtain a warrant, but it was never part of the legislation for point-of-sale or rental inspections,” Mayor David Eva said.

“This adds it to the legislation and makes it clear for anyone reading through the ordinances our procedures if an inspection is refused.”

Upon refusal, the zoning inspector or his designee may seek an administrative search warrant from a judge. Such application will be made within 10 days of the non-consent. The application for the warrant will specify the basis upon which the warrant is being sought and include a statement that the inspection will be limited to looking for code violations.

The court may consider any of the following factors in determining whether a warrant will be issued:

• Eyewitness account of violation

• Citizen complaints

• Tenant complaints • Plain view violations

• Violations apparent from city records

• Property deterioration

• Age of property

• Nature of alleged violation

• Condition of similar properties in the area

• Documented violations on similar properties in the area

• Passage of time since last inspection

• Previous violations on the property

If the court declines to issue a warrant or if no warrant is sought, the inspection will still take place, but the scope will be limited to areas in plain view. There is no criminal penalty for refusing a full inspection.

All residences that are registered as a rental property with the city are inspected every three years. The city has 27 multifamily complexes and 108 single-family homes registered as rentals.

“It’s good for the city, especially for potential renters or buyers of property in the city,” Eva said of the ordinance.

“Knowing the city conducts point-of-sale and rental inspections should make potential renters/buyers feel comfortable with the properties they are renting or buying. This holds high standards for properties in the city and also reinforces the fact that property inspections can’t be avoided in Mentor-on-the-Lake.”

He said there was no particular case prompting the legislation.

The legislation was passed Sept. 26 as a rare emergency measure by Council, which routinely allows items three readings before voting.

“Our law director, Jim Lyons, recommended that we pass this on the first reading to clean up the language of the ordinance and clarify the procedure,” Councilman Preston Wolk said.

“The actual policy has not changed, it’s simply spelled out more clearly.”

“Knowing the city conducts pointof-sale and rental inspections should make potential renters/ buyers feel comfortable with the properties they are renting or buying. This holds high standards for properties in the city and also reinforces the fact that property inspections can’t be avoided in Mentor-on-the-Lake .” — Mentor-on-the-Lake David Eva