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Substitute Bill 03-19 New Article 14 to Chapter 6 of the South Bend Municipal Code: Rental Safety Verification Program
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Substitute Bill 03-19 New Article 14 to Chapter 6 of the South Bend Municipal Code: Rental Safety Verification Program
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2/20/2019 1:55:39 PM
Creation date
2/4/2019 8:45:59 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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(i) Should the rental unit fail to achieve certification,the Code Inspector may issue penalties, and <br /> the rental unit and the owner of record may be subject to further enforcement as allowed by <br /> law, including the Indiana Unsafe Building Law, but with all due process or appeal rights as <br /> afforded thereunder. The Department may post the rental unit as "No Inspection Certificate <br /> and Illegal for Non-Owner Occupancy". <br /> (j) An Inspection Report and Inspection Certificate shall be issued to the owner for each rental <br /> unit upon which an inspection cycle is performed within ten(10) business days from the date <br /> the Inspection Report is completed and from the date the Inspection Certificate is issued. <br /> (k) An Off-Cycle Inspection may be conducted based upon a complaint,or upon the Department's <br /> reasonable belief that the unit is out of compliance with or in violation of the IPMC, State of <br /> Indiana law or the South Bend Municipal Code. <br /> (1) If the Code Inspector has reason to believe that the rental unit does not comply with the Code <br /> or determines that the condition of the rental unit has deteriorated since the last Inspection <br /> Report, that resulted in certification, to such an extent that a complete new Inspection Report <br /> is required, then a complete new Inspection Report of the entire rental unit may be performed. <br /> (1) Upon completion, a new Inspection Report and appropriate Inspection Certificate, as <br /> approved by the Code Inspector, shall be issued to the owner. <br /> (m) Whenever an Inspection Report is required, the Department will contact the owner to initiate <br /> the process for completing the Inspection Report. Unless waived by the owner or tenant, the <br /> following procedure shall be used to obtain entry to rental units for completing any Inspection <br /> Report: <br /> (1) The owner shall supply notice to the tenant(s) or occupant(s) and make reasonable <br /> arrangements with the tenant or occupant for a date and time to complete the Inspection <br /> Report. The owner shall inform the Department of the arrangements made with the <br /> tenant or occupant at least seven (7) business days before the scheduled date to <br /> complete the Inspection Report. <br /> (2) The owner, or the owner's authorized agent, must be present at the time the Code <br /> Inspector conducts the Inspection Report. <br /> (3) Should the owner fail to schedule a date and time to complete the Inspection Report <br /> and inform the Department per sub-section (1) above, the Department may send a 1st <br /> class letter to the owner of record explaining the failure to comply and the possible <br /> consequences, such as penalties and a RSVP warrant, for such failure if not cured <br /> within the time prescribed. <br /> (4) If the owner does not comply with scheduling a date and time to complete the <br /> Inspection Report after the time allowed in sub-section(3) above,the Department may <br /> issue penalties under this Article. <br /> (5) Should the owner continue to fail to schedule a date and time to complete the Inspection <br /> Report, the Department may send a 1St class and certified letter to the owner of record, <br /> or provide notice by publication, explaining the failure to comply and the <br /> consequences, such as penalties and a RSVP warrant, for such failure if not cured <br /> within the time prescribed. The Department may post the rental unit as "No Inspection <br /> Certificate and Illegal for Non-Owner Occupancy". <br /> 7 <br />
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