102A.3 Inspections.

102A.3 Inspections. The Building Official may inspect or cause the inspection of any building, structure or property for the purpose of determining whether it is unsafe whenever:

(a) The Building Official, with reasonable discretion, determines that such inspection is necessary or desirable; or,

(b) Any person or any agency or department of the City submits to the Building Official a complaint which, in the Building Official’s opinion, establishes reasonable cause to believe that the building, structure or property or any portion thereof is unsafe.

102A.3.1 Dwelling Units constructed or installed without required permit(s). In the case of an unauthorized Dwelling Unit constructed or installed in an existing building without the required permit or permits, in addition to the above requirements the written notice of violation shall order the property owner to file an application for a building and other permits required to legalize the unit pursuant to Building Code Section 106A.3.1.3 and Planning Code Section 207.3.

EXCEPTIONS:

1. Removal of the unit has been approved by the Planning Commission pursuant to Planning Code Section 317; or

2. After performing a screening under Section 106A.3.1.3(a) of this Code, the Department has determined that the unauthorized Dwelling Unit is not able to be legalized under Section 106A.3.1.3 of this Code; or

3. The Building Official has determined that a serious and imminent hazard under Section 102A.16 of this Code exists on the subject property.

Upon submission of an application for legalization or removal of an unauthorized Dwelling Unit by the owner or the owner’s authorized agent, the Department will suspend a notice of violation issued pursuant to this Section 102A.3.1 pending a decision on the application unless the Building Official has determined that a serious and imminent hazard exists on the property. If approval of either legalization or removal of the unauthorized Dwelling Unit occurs within one year of issuance of the notice of violation, the notice of violation and any liens recorded against the property with respect to the violation will be rescinded. The Building Official may extend this time if a delay in obtaining approval is not the fault of the property

owner.