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

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15) Sec. 6-83(a)(7)changed"nuisance"to"problem property" 16) Sec. 6-84 changed"and the owner shall place it"to"which should be placed". 17) Sec. 6-85 removed language regarding a fee, and added part(b)to include a penalty for failure to submit the transfer information to the Department 18) Sec. 6-86 (d)removed"vacate and seal"and other language for consistency with the intent of how to give notice and why to issue penalties 19) Sec. 6-86 (e) added language that penalties and fees enforced through OVB with all due process or appeal rights as afforded thereunder 20) Sec. 6-86(g)corrected the reference to the Indiana Code 21) Sec. 6-86 (h)removed language about time specified in the bill because it will be handled by OVB 22) Sec. 6-87 changed reference to Code Enforcement to Department for consistency of use as defined The RSVP ordinance has been revised accordingly and enclosed is the amended Bill No. 03-19 for the Council's consideration. In addition to ordinance revisions,the Department also proposes the following policy implementation changes in response to community and Council feedback: Phase In: • The deletion of Sec. 6-79(e)allows for the Department to implement priority-based inspections, starting with properties of known need. hi response to industry and community input, addressing concerns in properties that have already been identified as potential health and safety risks for occupants will be the focus of the first year of the program. We propose that during 2019,RSVP will apply to eligible properties with active housing Code cases and referrals from the St.Joseph County Health Department (and other health and safety agencies).We will always accommodate landlord requests for inspection and continue to follow up on complaints made by occupants.The Code Department staff will prioritize the landlord requests for inspection of vacant units. • Starting in 2020,we will begin a geographic phase-in based on areas with the highest known levels of childhood lead poisoning, as established by the St.Joseph County Health Department. Childhood lead poisoning is a known crisis in our community, and rental inspection will help identify and enforce the existing safety standards for lead paint.The Health Department is responsible for the medical case management of children with elevated blood lead levels. RSVP will allow the Health Department to work directly with City Code to ensure children are living in lead-safe homes by partnering medical interventions with code enforcement to ensure South Bend families live in safe and healthy homes. We are confident in our ability to administer this program and have taken steps to ensure success.While there are an estimated 16,000 rental units in South Bend,the conservative estimate as to the number of inspections is closer to 7,500(this accounts for properties that are not eligible for the program based on exclusions such as government-inspected housing,units constructed in past 10 years, or units receiving satisfactory real estate sales inspections within the last three years).The number of units to be inspected also reflects the fact that the program provides for random sampling of multi-unit properties,creating efficiencies for property owners and decreasing the number of inspections required. Using current staffing levels,we can accomplish the 700-800 inspections prioritized in 2019, and 1,200 inspections per year thereafter.By this rate,we expect to complete this first pass by mid-2025,which is a typical timeline for most programs of this nature.The priorities identified at our phase-in(landlord requests,Health Dept. referrals, and active cases)will continue to be priorities of the Department as we work our way through the City. This implementation plan strikes a balance between the capacity of the Department,the need to address priority properties, and allowing plenty of time for any repairs to be made before inspection notice is sent to property owners.