§ 10. Inspection of dwellings, dwelling units, rooming units, and premises.

10.01. 

The enforcement officer is hereby authorized to make inspections, by and with authorization of the owner, occupant or person in charge, to determine the condition of dwellings, dwelling units, and premises within this Town of Newington for the purpose of determining compliance with the provision of this ordinance [code]. For the purpose of making such inspections the enforcement officer, with authorization of the owner, occupant or person in charge, is hereby empowered to enter, examine and survey all dwellings, dwelling units, rooming units, and premises between the hours of 8:00 a.m. and 5:00 p.m. or at such other time mutually satisfactory to and agreed upon by the enforcement officer and the owner, the occupant, or the person in charge of any dwelling, dwelling unit, or rooming unit. Such inspection, examination or survey shall not have for its purpose the harassment of such owner or occupant. Such inspection, examination and survey shall be made in a manner that will cause the least amount of inconvenience to said owner or occupant, consistent with an efficient performance of the duties of the enforcement officer. To further ensure that the policy of this ordinance [code] is to achieve compliance through cooperation of owners and occupants, and to ensure that such policy will be successfully maintained, whenever practicable the enforcement officer will provide reasonable advance notice to the owner, the person in charge, and/or the occupants of any planned blanket inspection and any inspections of a routine nature.

10.02. 

The owner or occupant of each dwelling, dwelling unit, rooming unit or premises, or the person in charge thereof, upon presentation by the enforcement officer of proper identification and authorization, shall give the enforcement officer entry to the dwelling, dwelling unit, rooming unit, or premises and free access to every part thereof, provided that no inspection shall be conducted except during the hours designated above.

	The enforcement officer shall be properly authorized for entry into any dwelling when:
		(1)	In his judgment, an emergency tending to create an imminent danger to the public health, welfare, or safety exists; or
		(2)	When such entry by the enforcement officer is requested or agreed to by the owner, occupant or person in charge of the dwelling, dwelling unit, rooming unit, or premises; or
		(3)	When the enforcement officer presents a duly granted authorization issued by a court of competent jurisdiction to enter for the purpose of inspection, examination or survey of such premises for the purposes hereof.
	Any owner, occupant or person in charge of a dwelling, dwelling unit, rooming unit, or premises refusing to permit, or impeding, entry of and free access to any part of any dwelling, dwelling unit, rooming unit, or premises for the purpose of inspection, examination or survey under the provisions of this subsection shall be subject to the penalties in accordance with section 14 herein.

10.03. 

Evidence which may be discovered or obtained in the course of an inspection made pursuant to this section shall not be disclosed except as may be necessary by law or advisable in the judgment of the enforcement officer for the proper and effective administration and enforcement of the provisions of this code and rules and regulations issued pursuant thereto and any prosecution of violators of this code.

10.04. 

Every owner or operator of a rooming house or a building containing two (2) or more rental dwelling units shall keep, or cause to be kept, records of all requests for repair and complaints by tenants, which requests are related to the provisions of this ordinance [code] and to any applicable rules and regulations, and records of all corrections made in response to such requests and complaints. Such records shall be made available by the owner or operator to the enforcement officer for inspection and copying upon request. Such records shall be admissible in any administrative or judicial proceeding pursuant to the provisions of this ordinance [code] as prima facie evidence of the violation or the correction of violations of this ordinance [code] or of applicable rules and regulations pursuant thereto.

10.05. 

No owner or operator shall let to another person any dwelling unit located within a building containing two (2) or more rental units until the dwelling unit to be let has been inspected and/or approved by the enforcement officer and a new certificate of compliance has been issued by him, provided this section shall not apply to hotels, motels and rooming houses. If inspection and/or approval is not made and/or granted within five (5) working days of notification by the owner thereof, that a unit is to be relet, the approval of the enforcement officer shall be deemed to have been given.

10.06. 

It shall be the duty of an owner of a building containing two (2) or more rental units to post in a conspicuous place within the common area of such building a notice of the existence of this code and including such other information about the code which the enforcement officer may determine to be appropriate. Such notices shall be provided by the enforcement officer upon request.