DHCA is allowed to charge triennial properties a re-inspection fee when an inspector is required to return to a property for a third time to determine if all code violation has been corrected. The fee includes a flat rate for the inspection as well as a fee per unit inspected.
DHCA Code Enforcement Re-Inspection Fees
Effective May 4, 2026, DHCA will enforce the assessment of re-inspection fees pursuant to COMCOR § 29.20.02.03 (Inspection Fees). In previous years, the County did not systematically enforce re-inspection fees. DHCA has enhanced its system to effectively administer re-inspection fees prospectively.
DHCA will conduct the regularly scheduled triennial or mandated inspections; however, in accordance with COMCOR § 29.20.02.03 (Inspection Fees), property owners will be subject to re-inspection fees for inspections that take place after the initial and second inspection. Beginning with the third inspection, landlords will be responsible for inspection fees associated with inspections of violations that were not corrected at the time of the second inspection.
Re-inspection Fee Process
Under COMCOR § 29.20.02.03 (Inspection Fees), DHCA must assess inspection fees for multifamily properties only in accordance with the fee schedule for each re-inspection following the initial and second inspection, as part of a triennial or mandated inspection. There is no re-inspection fee for the initial or second inspection; however, DHCA is required to conduct subsequent inspections after the second inspection to ensure violations have been corrected. Ifthe property owner has not corrected the violations, re-inspection fees will be assessed.
DHCA will provide written notification for all inspections. Landlords will be informed before a re-inspection fee is issued. Failure to pay the re-inspection fee will result in DHCA issuing civil citations.
How to comply with the re-inspection fee process and re-inspection fee waiver requests:
- Code violations identified during the initial and second inspection must be corrected in order to avoid re-inspection fees.
- A landlord’s failure to comply with the requirements of this COMCOR § 29.20.02.05 may result in DHCA issuing civil citations and charging the landlord for any inspection fees that would have been charged at the time of the third inspection.
- For consideration of a re-inspection fee waiver, landlords must show at least a fifty percent (50%) correction of the violations during the second inspection. For a fee waiver to be granted, the DHCA Director must determine that the landlord has made a good faith effort to correct violations by the second inspection, as demonstrated by at least fifty percent (50%) of the violations identified during the initial inspection have been corrected.
- For a fee waiver to be granted, the landlord must provide documentation, acceptable to the DHCA Director, substantiating the reason for the landlord’s delay in correcting violations, documenting the landlord’s good faith efforts since the initial inspection to correct all violations, including but not limited to providing the Director executed contracts for services and labor and invoices for materials and supplies, and providing the Director with a good faith plan, including a reasonable timeframe, to correct all remaining violations by the third inspection.
Frequently Asked Questions (FAQs)
- What landlords are affected by the re-inspection process? Only landlords of multi-family properties are subject to re-inspection fees. Re-inspection fees are only assessed for inspections associated with triennial or mandated inspections. They do not apply to complaint-based inspections at multi-family properties and do not apply to any inspections at single-family properties.
- When will a landlord be assessed a re-inspection fee? A landlord will be assessed a re-inspection fee after the initial and second inspection if the violations have not been corrected.
- Should the code violations be corrected within the three-year period? Yes, the inspections will occur during the triennial inspection period, and all code violations should be corrected during that time.
- Will the landlord be notified if there is a re-inspection fee? Yes, the landlord will be notified of the uncorrected violations identified during the initial and second inspections.
- Will landlords be charged for re-inspection fees retroactively? No, the re-inspection fee assessment will start prospectively on May 4, 2026.
- How are the re-inspection fees determined? Fees are determined in accordance with the Re-inspection Fee Schedule based on the property type.
- Can the re-inspection fee be waived? A request for waiver of the re-inspection fee may be considered if the landlord shows that at least 50% of the violations have been corrected. Additionally, the landlord must demonstrate reason acceptable to DHCA substantiating the reason for the landlord’s delay in correcting violations, documenting the landlord’s good faith efforts since the initial inspection to correct all violations, including but not limited to providing the Director executed contracts for services and labor and invoices for materials and supplies, and providing the Director with a good faith plan, including a reasonable timeframe, to correct all remaining violations by the third inspection. The required documentation must be provided for DHCA Director consideration and approval.
- If I need help or have questions, who should I contact? If you have questions, please place a service request for the DHCA Office of Code Enforcement through MC311 at 3-1-1 or (240) 777-0311 or online.
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