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10644-19 New Article 14 to Chapter 6 of the South Bend Municipal Code: Rental Safety Verification Program
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10644-19 New Article 14 to Chapter 6 of the South Bend Municipal Code: Rental Safety Verification Program
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3/7/2019 12:45:21 PM
Creation date
3/6/2019 3:18:51 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
2/25/2019
Ord-Res Number
10644-19
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(2) The owner, or the owner's authorized agent, must be present at the time the Code <br /> Inspector conducts the Inspection Report. <br /> (3) Should the owner fail to schedule a date and time to complete the Inspection Report <br /> and inform the Department per sub-section (1) above, the Department may send a 1st <br /> class letter to the owner of record explaining the failure to comply and the possible <br /> consequences, such as penalties and a RSVP warrant, for such failure if not cured <br /> within the time prescribed. <br /> (4) If the owner does not comply with scheduling a date and time to complete the <br /> Inspection Report after the time allowed in sub-section(3) above,the Department may <br /> issue penalties under this Article. <br /> (5) Should the owner continue to fail to schedule a date and time to complete the Inspection <br /> Report, the Department may send a 1St class and certified letter to the owner of record, <br /> or provide notice by publication, explaining the failure to comply and the <br /> consequences, such as penalties and a RSVP warrant, for such failure if not cured <br /> within the time prescribed. The Department may post the rental unit as "No Inspection <br /> Certificate and Illegal for Non-Owner Occupancy". <br /> (6) If the owner, occupant or tenant refuses to allow entry or schedule arrangements to <br /> complete the Inspection Report, the Department may obtain a RSVP warrant from any <br /> court of competent jurisdiction. <br /> (n) Private Inspections completed as specified under IC 36-1-20-4.1(c) must meet all the <br /> requirements for an exemption to be approved by the Department. <br /> (1) An owner of a rental unit qualifying for an exemption described in IC 36-1-20-4.1(c) <br /> must apply to the Department for that exemption which may be denied if all <br /> qualifications of IC 36-1-20-4.1(c) are not met. <br /> (2) The owner applying to the Department for approval of the exemption must submit a <br /> written inspection report that verifies the rental unit is safe and habitable, along with <br /> all other necessary proof of the exemption,to the Department on or before the due date <br /> established by the Department. <br /> (3) Pursuant to IC 36-1-20-4.1(d), the Department may inspect a rental unit that meets the <br /> requirements of and has been approved for an exemption if the Depal latent has reason <br /> to believe or receives a complaint that the rental unit does not comply with applicable <br /> Code requirements. <br /> (o) An Inspection Report will be made available for the tenant who occupies the rental unit at the <br /> time of the inspection and cooperates with the Department to complete the inspection.Unless other <br /> arrangements are made with the Department, the Inspection Report may be sent to the tenant who <br /> occupies the rental unit upon request as approved by the Department. <br /> (p) Stop Work Order. To further the purposes of Secs. 6-79 and 6-81, and in conjunction with <br /> Chapter 16, Article 8 of the South Bend Municipal Code, Code Inspectors may issue stop work <br /> orders. <br /> (1) Authority. Whenever the Code Inspector finds any work regulated by this Article <br /> being performed in a manner contrary to the provisions of this Article or in a dangerous <br /> or unsafe manner, the Code Inspector is authorized to issue a stop work order. <br /> (2) Issuance. A stop work order shall be in writing and shall be given to the owner of the <br /> property, to the owner's authorized agent, or to the person doing the work. Upon issuance <br /> of a stop work order, the cited work shall immediately cease. The stop work order shall <br /> state the reason for the order and the conditions under which the cited work is authorized <br /> to resume. <br /> (3) Emergencies. Where an emergency exists, the Code Inspector shall not be required to <br /> give a written notice prior to stopping the work. <br /> (4) Failure to comply. Any person who shall continue any work after having been served <br /> with a stop work order, except such work as that person is directed to perform to remove <br /> a violation or unsafe condition, shall be liable to a penalty of not less than $500.00 dollars <br /> or more than $2,500.00 dollars per day. <br /> 6 <br />
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