10644-19 New Article 14 to Chapter 6 of the South Bend Municipal Code: Rental Safety Verification Program

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AMENDED 2ND SUBSTITUTE BILL NO. 03-19 ORDINANCE NO. 10644-19 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER SIX OF THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM STATEMENT OF PURPOSE AND INTENT The rental safety verification program is established to protect the public health, safety, and welfare in rental units by encouraging quality rental housing stock in the City of South Bend through inspections to verify minimum property standards for occupancy. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 6 of the South Bend Municipal Code shall be and hereby is amended to include a new Article 14 that shall read in its entirety as follows: ARTICLE 14. Rental Safety Verification Program Sec. 6-79. General Concept and Purpose of Rental Inspections. (a) The Rental Safety Verification Program requires an occupancy inspection of all real property or rental units that are intended to be occupied or are occupied by anyone other than the owner. This program is designed to ensure all City of South Bend rental units meet the minimum property standards of the International Property Maintenance Code, which are incorporated into this Article 14 without formal citation. Inspection standards are defined as referenced in attached "Inspection Standards Checklist" as submitted by the Department. (b) Once the rental unit has been inspected with an Inspection Report and approved for occupancy, an Inspection Certificate shall be issued by the Department authorizing the rental unit to be occupied. (c) The purpose of the Inspection Report and Inspection Certificate issued to the owner or the property manager (if applicable) is to verify that the rental unit is safe and habitable for occupancy with respect to: electrical systems, plumbing systems, water and sanitary system, including hot water, heating and ventilation systems, bathroom, toilet facilities, doors, windows, stairways, hallways, functioning smoke detectors, lead hazards, indoor air quality, and the overall structure in which a rental unit is established. (d) This Article shall be liberally construed and applied to promote its purpose and intent. Sec. 6-80. Definitions. (a) Bedroom means any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. (b) City means the City of South Bend, Indiana. (c) Code means the property standards pursuant to the International Property Maintenance Code. (d) Code Inspector means an employee of the Department who is charged with the administration and enforcement of this Article. (e) Condemn means to adjudge unfit for occupancy or use (f) Condemned with conditions means that as to a unit unfit for occupancy, the owner, or agent of owner, may enter the property from 7:00 AM to 7:00 PM to make all the required repairs. (g) Contract of Sale means land contract sales or purchases. (h) Department means the City of South Bend Department of Code Enforcement. (i) Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Examples include but are not limited to apartments, single family homes and multi- family homes. 1