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05-09-16
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05-09-16
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City Council - City Clerk
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REGULAR MEETING May 9, 2016 <br />have public input on how it is working. He proposed doing a one (1) year review on September <br />1St, 2017 and see the input of the community and effect of the bill. <br />From Code Enforcement, only twenty -eight percent (28 %) of violations with Code are with <br />owner occupied houses. The owners of these leased properties are sixty -six percent (66 %) versus <br />thirty -two percent (32 %) outside of the City. We still are searching whether they are within our <br />area or not due to the LLC factor where people register these houses in an LLC and they are not <br />fully vetted by the County or the State and they can be bogus LLC organizations. This bill allows <br />our City Administration to take care of business in South Bend. Councilmember Scott provided a <br />map of the City highlighting the houses that are rented in the City either as owned by someone <br />within South Bend, Indiana or outside the State. He also provided a typical online form and what <br />that would look like, he used the Bloomington form as the example where they have not heard <br />anything negative or lawsuits. It is a simple form with pull -down options or fill in the box. <br />Councilmember Scott quoted the Mayor at his State of the City address saying, "The upcoming <br />Landlord Registration Bill will further enhance accountability and ensure the City has a point of <br />contact for every property we encounter. This is not just about finding irresponsible landlords, <br />it's about making sure we can keep in touch with the majority of landlords who are doing the <br />right thing." Just like any good business, communication is the most important factor. <br />Councilmember Scott invited various department heads to come up and tell the Council why this <br />is such needed legislation. <br />Randy Wilkerson, Director of Code Enforcement with offices on the 13th Floor of the County - <br />City Building, expressed his support for the bill. If a property is unsafe, such as not having gas, <br />water or electric, they would issue a twenty -four (24) hour letter meaning they would have to fix <br />those issues immediately due to their serious nature. When we do not have the information of <br />these owners we cannot provide those letters and we are keeping people in homes considered <br />unsafe because we do not have the information in front of us. If the person can get to the <br />department the problem can be solved. The department does one - hundred and eight (10 8) code <br />hearings each year, of those about half are LLCs and many of those are undeliverable and we <br />cannot locate the owner. The problem is we have no one to hold accountable if we cannot get <br />ahold of them. This year, the department purchased software to help them track down people but <br />there are so many of these LLCs that have either disbanded or have false information. Many of <br />these are historic properties that we do not want to tear down. All this bill does is give the <br />department a chance to find resolutions for these properties. By being able to contact people we <br />can solve these problems. These issues currently take a lot of time and a lot of manpower that <br />could be used on better things. Mr. Wilkerson explained the department has the ability to seek an <br />inspection warrant and those warrants can only be served on the property owner, not the LLC or <br />the P.O. Box. They have to physically hand deliver that warrant to the owner. There is a property <br />currently on Brookfield that the neighbors have been asking us to look into but they have no one <br />to serve that warrant and the occupants won't let us in and we know bad things are going on in <br />there but we can't do anything about it. A lot of people are concerned that we are getting this <br />information but it all comes back to the communication. If we have contact information we can <br />send courtesy emails that tell the owner they have trash on their property and we can resolve it <br />before we have to cite anyone. <br />Steve Cox, Chief of the South Bend Fire Department with offices at 1222 S. Michigan St., spoke <br />in favor of the bill as well. Firefighting is a team sport and the department does not do it by <br />themselves. In order to properly investigate a fire scene, we have to be able to notify the <br />landowner and discuss what occurred with the actual landlord associated with the building. Our <br />investigators currently spend approximately a third of their time chasing down landlords in <br />regards to vacant buildings. Typically it takes them two (2) to three (3) hours of their time that <br />they should be spending on figuring out what caused the fire and instead we are searching for <br />landlords. Most of the time it is due to incomplete data, wrong data or folks moving away and <br />never updating information. This registry would be a tool to allow the fire investigators to be <br />able to contact those landlords. For the Fire Department it doesn't matter if it is an LLC or a <br />private owner, they need to have a point of contact to be able to speak to the needs at the scene <br />pertaining to the fire. They have a current investigation where they and the police found some <br />illegal activity was taking place at the home and they have been attempting to get ahold of the <br />9 <br />
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