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

Home Browse Search

(k) An Off-Cycle Inspection may be conducted based upon a complaint,or upon the Department's reasonable belief that the unit is out of compliance with or in violation of the IPMC, State of Indiana law or the South Bend Municipal Code. (1) If the Code Inspector has reason to believe that the rental unit does not comply with the Code or determines that the condition of the rental unit has deteriorated since the last Inspection Report, that resulted in certification, to such an extent that a complete new Inspection Report is required, then a complete new Inspection Report of the entire rental unit may be performed. (1) Upon completion, a new Inspection Report and appropriate Inspection Certificate, as approved by the Code Inspector, shall be issued to the owner. (m)Unless waived by the owner or tenant, the following procedure shall be used to obtain entry to rental units for completing any Inspection Report. (1) Whenever an Inspection Report is required, the Department will contact the owner to initiate the process for completing the Inspection Report. (2) The owner shall supply notice to the tenant(s) or occupant(s) and make reasonable arrangements with the tenant or occupant for a date and time to complete the Inspection Report. The owner shall inform the Department of the arrangements made with the tenant or occupant at least seven (7) business days before the scheduled date to complete the Inspection Report. (3) The owner, or the owner's authorized agent, must be present at the time the Code Inspector conducts the Inspection Report. (4) Should the owner fail to schedule a date and time to complete the Inspection Report and inform the Department per sub-section (2) above, the Department may send a certified letter to the owner of record explaining the failure to comply and the possible consequences for such failure if not cured within the time prescribed, in accordance with IC 36-1-20-6. (5) If the owner does not comply with scheduling a date and time to complete the Inspection Report after the time allowed in sub-section(4) above,the Department may post the rental unit as "No Inspection Certificate and Illegal for Non-Owner Occupancy" and penalties can be issued under this Article, in accordance with IC 36- 1-20-6. (6) The Department may seek an inspection warrant under IC 36-7-9-16 if the owner, occupant or tenant refuses to allow entry to complete the Inspection Report. (n) Private Inspections completed as specified under IC 36-1-20-4.1(c) must meet all the requirements for an exemption to be approved by the Department. (1) An owner of a rental unit qualifying for an exemption described in IC 36-1-20-4.1(c) must apply to the Department for that exemption which may be denied if all qualifications of IC 36-1-20-4.1(c) are not met. (2) The owner applying to the Department for approval of the exemption must submit a written inspection report that verifies the rental unit is safe and habitable, along with all other necessary proof of the exemption,to the Department on or before the due date established by the Department. 7