03-19 New Article 14 to Chapter 6 of the South Bend Municipal Code: Rental Safety Verification Program

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