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

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(j) Egress means a place or means of going out or exiting. (k) Director means the Director of the Department of Code Enforcement for the City or that person's designee, or in the Director's absence the Deputy Director. (1) Habitable space means the space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, attics and basements and similar areas are not considered habitable spaces. Finished basements are not considered habitable spaces unless proper egress requirements are met. (m) Indiana Unsafe Building Law means Indiana Code, Title 36, Article 7, Chapter 9, as it may be amended. (n) Inspection Certificate means a certificate issued by the Department, after all fees and penalties due under this Article are paid, that documents that the rental unit has passed the Inspection Report and authorizes the occupancy of the rental unit as compliant with the provisions of this Article. (o) Inspection Cycle means the period between the issuance and expiration of an Inspection Certificate as may be determined under the provisions of this Article. (p) Inspection Report means a report that an Code Inspector prepares after conducting a visual examination of a rental unit, including all its major systems, to verify existence of, and list repairs or improvements necessary to meet minimum property standards for occupancy as referenced in Sec. 6-79. (q) International Property Maintenance Code(IPMC)is a model code that regulates the minimum maintenance requirements for existing buildings. The IPMC is a maintenance document intended to establish minimum maintenance standards, such as for basic equipment, light, ventilation,heating, sanitation and fire safety. (r) Occupancy means the purpose for which a building or portion thereof is utilized or occupied. (s) Occupant means any individual living or sleeping or having possession of a space within a rental unit. (t) Off-Cycle Inspection means an Inspection Report conducted based upon a reasonable belief of noncompliance or a complaint. (u) Operator means any person who has charge, care or control of a structure or rental unit which is let or offered for occupancy. (v) Owner means any person, operator or agent thereof having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control over decisions on the use and condition of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person. (w) Owner of Record means any person who holds any fee interest,life estate interest, or equitable interest of a contract purchaser and whose identity can be determined from an instrument recorded in the recorder's office of the county where the rental unit is located; or, written information or actual knowledge received by the Department; or a review of Department records that is sufficient to identify information that is reasonably ascertainable. (x) Person means an individual, corporation, partnership or association, or any other group acting as a unit, and includes a government, governmental subdivision or agency, business trust, estate, trust, two or more people having a joint or common interest, and any other legal or commercial entity. (y) Premises means a lot, plot or parcel of land, easement or public way, including any structures thereon. (z) Private Inspector means, for purposes of IC 36-1-20-4.1(c)(2)(B)(iii), an inspector of rental units who satisfies the following qualifications prescribed by the City: must be a State of Indiana Licensed Home Inspector. (aa) Private Inspection means an inspection conducted for the purposes of meeting the exemption requirements under IC 36-1-20-4.1(c). (bb) Property Manager means a person who manages land or buildings as business including keeping buildings in good condition and renting property. (cc) Re-Inspection means a follow up inspection or assessment of a rental unit to check for completion of repairs or compliance pursuant to an Inspection Report. (dd) Rental Safety Verification Program Warrant (RSVP Warrant) means the court authorization to enter a rental unit and complete an Inspection Report that the Director may obtain if the owner or those in possession of a rental unit refuse entry. (ee) Rental unit means as used in this Article one(1) or more dwelling units in a structure intended to be occupied or is occupied as a home,residence or habitable space by anyone other than the owner and may include a tenancy agreement or lease. 2