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03-19 New Article 14 to Chapter 6 of the South Bend Municipal Code: Rental Safety Verification Program
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03-19 New Article 14 to Chapter 6 of the South Bend Municipal Code: Rental Safety Verification Program
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1/10/2019 1:38:12 PM
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1/9/2019 11:47:34 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
1/14/2019
Bill Number
03-19
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(b) There is a$100.00 fee for the second re-inspection per rental unit and the fee doubles for each <br /> re-inspection per rental unit thereafter. <br /> (c) There is a $100.00 fee for each rental unit for the owner's failure to meet the Code Inspector <br /> for a scheduled inspection. <br /> (d) The owner of record will be notified by certified and first-class mail before any penalty may <br /> issue in accordance with IC 36-1-20-6. If the mailed notification is returned undelivered, the <br /> owner of record may be notified by publication including the same information as in the mailed <br /> notification. Penalties may be imposed as follows: <br /> (1) A $250.00 penalty per week for allowing occupancy of a rental unit that has not been <br /> inspected and certified. <br /> (2) A$300.00 penalty per week for allowing occupancy of a rental unit that has an expired <br /> certification posted. <br /> (3) A$500.00 penalty for removing a vacate and seal or condemned notice from the rental <br /> unit. <br /> (4) A $500.00 penalty the first week allowing occupancy in a condemned structure. After <br /> the first week, the penalty doubles each week thereafter until a maximum of$7,500.00 <br /> per week. <br /> (e) The fees and penalties imposed under this section do not prohibit or restrict the enforcement <br /> for violations under other applicable ordinances, state or federal laws. <br /> (f) Fees and penalties generated from this Article shall be dedicated funds and are not to revert at <br /> the end of the City's fiscal year to the General Fund. These funds are to be accumulated and <br /> maintained in Fund 219. Penalties from this Article are to be used for purposes of assisting <br /> those in need of short-term relocation within the City from their rental unit because of owner <br /> noncompliance with this Article. Surplus revenue maintained in Fund 219 may be used for <br /> operating costs of the Rental Safety Verification Program. <br /> (1) Acts of God or other conditions beyond the control of the property owner or caused by the <br /> tenant's negligent, wrongful or malicious acts or omissions will not qualify for short-term <br /> relocation assistance. <br /> (g) Penalties under this section will be imposed pursuant to IC 36-1-20-6. <br /> (h) If the owner of record fails to pay penalties, fees, costs and expenses within the time specified <br /> in the bill, the Department may pursue collections in personam and in rem as allowed by law, <br /> including in the same manner as prescribed under IC 36-1-6-2, IC 36-7-9-13 and IC 36-7-9- <br /> 13.5 except that amounts collected shall be deposited and used according to sub-section(f) <br /> above. <br /> Sec. 6-87. Monitoring progress. <br /> The Rental Safety Verification Program will be subject to review at regular intervals, which <br /> includes meetings of a working group consisting of Code Inspector staff, Department leadership, <br /> a Common Council appointee, and Mayor's office leadership. Following the first six (6) months <br /> of implementation, Code Enforcement and the Mayor's Office will make a preliminary report to <br /> the Common Council on the progress in the focus areas, challenges faced, and anticipated <br /> 10 <br />
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