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

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(2) The owner, or the owner's authorized agent, must be present at the time the Code Inspector conducts the Inspection Report. (3) Should the owner fail to schedule a date and time to complete the Inspection Report and inform the Department per sub-section (1) above, the Department may send a 1st class letter to the owner of record explaining the failure to comply and the possible consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. (4) If the owner does not comply with scheduling a date and time to complete the Inspection Report after the time allowed in sub-section(3) above,the Department may issue penalties under this Article. (5) Should the owner continue to fail to schedule a date and time to complete the Inspection Report, the Department may send a 1St class and certified letter to the owner of record, or provide notice by publication, explaining the failure to comply and the consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. The Department may post the rental unit as "No Inspection Certificate and Illegal for Non-Owner Occupancy". (6) If the owner, occupant or tenant refuses to allow entry or schedule arrangements to complete the Inspection Report, the Department may obtain a RSVP warrant from any court of competent jurisdiction. (n) Private Inspections completed as specified under IC 36-1-20-4.1(c) must meet all the requirements for an exemption to be approved by the Department. (1) An owner of a rental unit qualifying for an exemption described in IC 36-1-20-4.1(c) must apply to the Department for that exemption which may be denied if all qualifications of IC 36-1-20-4.1(c) are not met. (2) The owner applying to the Department for approval of the exemption must submit a written inspection report that verifies the rental unit is safe and habitable, along with all other necessary proof of the exemption,to the Department on or before the due date established by the Department. (3) Pursuant to IC 36-1-20-4.1(d), the Department may inspect a rental unit that meets the requirements of and has been approved for an exemption if the Depal latent has reason to believe or receives a complaint that the rental unit does not comply with applicable Code requirements. (o) An Inspection Report will be made available for the tenant who occupies the rental unit at the time of the inspection and cooperates with the Department to complete the inspection.Unless other arrangements are made with the Department, the Inspection Report may be sent to the tenant who occupies the rental unit upon request as approved by the Department. (p) Stop Work Order. To further the purposes of Secs. 6-79 and 6-81, and in conjunction with Chapter 16, Article 8 of the South Bend Municipal Code, Code Inspectors may issue stop work orders. (1) Authority. Whenever the Code Inspector finds any work regulated by this Article being performed in a manner contrary to the provisions of this Article or in a dangerous or unsafe manner, the Code Inspector is authorized to issue a stop work order. (2) Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. (3) Emergencies. Where an emergency exists, the Code Inspector shall not be required to give a written notice prior to stopping the work. (4) Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a penalty of not less than $500.00 dollars or more than $2,500.00 dollars per day. 6