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

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Sec. 6-85. Transfer of Inspection Certificate (a) An Inspection Certificate may be transferred to a new owner, except as prohibited in this section, by the owner filing with the Department the required owner information and agent information,if applicable.This includes transfers of ownership between corporations or other legal entities even where there is identical ownership interest in the acquiring legal entity as in the previous legal entity. An Inspection Certificate may not be transferred, or a new Inspection Certificate issued to any owner, owned in whole or in part by an owner, that currently has any Inspection Certificate revoked, or has been issued a Conditional Occupancy Certification or has a rental unit condemned by any agency that has the authority to condemn. (b) The new owner shall have thirty(30) days from the date the rental unit was transferred to the new owner to file with the Department the required owner information and agent information, if applicable, and failure to do so will result in a penalty of$250.00. Sec. 6-86. Penalties and fees. (a) There is no fee for the initial inspection and the first re-inspection. (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 first-class mail before any penalty may issue in accordance with IC 36-1-20-6. Penalties may be imposed as follows: (1) A $250.00 penalty per week for a rental unit that has not been inspected or certified. (2) A$300.00 penalty per week for a rental unit that has an expired certification posted. (3) A $500.00 penalty for removing a 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 shall be enforced through the City's Ordinance Violations Bureau as prescribed in Chapter 2, Article 19 of the South Bend Municipal Code, with all due process or appeal rights as afforded thereunder, and do not prohibit or restrict the enforcement for violations under other applicable ordinances, state or federal laws. (0 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. 10