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

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information, or discovers other causes demonstrating a lack of compliance with the provisions of this Article. (hh) Smoke detector means a device which senses visible or invisible particles of combustion and conforms to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association. (ii) Structure means that which is built or constructed or a portion thereof. (jj) Tenancy Agreement means all agreements, written, oral or implied, and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a rental unit. (kk) Tenant means a person who occupies a rental unit for residential purposes with the landlord's consent and may include monetary or other legal consideration that is agreed upon by both parties. (11) Transient Occupancy means an occupancy which is less than two weeks duration in the same or similar units owned by the same owner. Sec. 6-81. Compliance required. (a) No person shall maintain, or allow occupancy of, a rental unit in the City without compliance with the provisions of this Article. Failure to comply with the provisions is a violation of this Article. Any structure converted into a rental unit must have an Inspection Report completed and receive an Inspection Certificate before occupancy. (b) The provisions in this Article shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe stricter standards than are provided herein. (c) This Article applies to rental units located within the City, but shall not apply to the following occupancy arrangements unless such arrangements are created to avoid the application of this Article: (1) Occupancy in group homes. (2) Occupancy by the purchaser of a dwelling unit under a recorded contract of sale. (3) Transient occupancy. (4) Owners who occupy the premises and rent to no more than two unrelated occupants. (d) This Article does not apply to rental units built as new construction for ten (10) years after the rental unit construction is completed.The owner of such rental unit must submit to the Department the required information to prove the new construction date of the rental unit. (e) This Article applies to governmental or public agencies acting as landlords. If the federal or state subsidized, or owned rental units are regularly inspected by a government entity and verification of housing conditions meeting the standards of this Article are delivered to the Department as requested, then such rental units may qualify for an exemption as provided in sub- section 6-82(n). (f) An owner shall not allow a rental unit to be occupied that has been issued a vacate and seal order by the Department or is condemned by any agency that has the authority to condemn. Sec. 6-82. Inspection of rental units. (a) Unless sub-section 6-82 (n) below is applicable, each rental unit covered by Secs. 6-79 and 6- 81 within the City shall be inspected by the Department. 4