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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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Sec. 6-86. Penalties and fees. <br /> (a) There is no fee for the initial inspection and the first re-inspection. <br /> (b) There is a$100.00 fee for the second re-inspection per rental unit and the fee doubles for each <br /> re-inspection per rental unit thereafter. <br /> (c) There is a $100.00 fee for each rental unit for the failure to meet the Code Inspector for a <br /> scheduled inspection. <br /> (d) The owner of record will be notified by first-class mail before any penalty may issue in <br /> accordance with IC 36-1-20-6. Penalties maybe imposed as follows: <br /> (1) A $250.00 penalty per week for a rental unit that has not been inspected or certified. <br /> (2) A $300.00 penalty per week for a rental unit that has an expired certification posted. <br /> (3) A $500.00 penalty for removing a condemned notice from the rental unit. <br /> (4) A $500.00 penalty the first week allowing occupancy in a condemned structure. After <br /> the first week, the penalty doubles each week thereafter until a maximum of$7,500.00 <br /> per week. <br /> (e) The fees and penalties imposed under this section shall be enforced through the City's <br /> Ordinance Violations Bureau as prescribed in Chapter 2, Article 19 of the South Bend <br /> Municipal Code, with all due process or appeal rights as afforded thereunder, and do not <br /> prohibit or restrict the enforcement for violations under other applicable ordinances, state or <br /> federal laws. <br /> (f) Fees and penalties generated from this Article shall be dedicated funds and are not to revert at <br /> the end of the City's fiscal year to the General Fund. These funds are to be accumulated and <br /> maintained in Fund 219. Penalties from this Article are to be used for purposes of assisting <br /> those in need of short-term relocation within the City from their rental unit because of owner <br /> noncompliance with this Article. Surplus revenue maintained in Fund 219 may be used for <br /> operating costs of the Rental Safety Verification Program. <br /> (1) Acts of God or other conditions beyond the control of the property owner or caused by the <br /> tenant's negligent, wrongful or malicious acts or omissions will not qualify for short-term <br /> relocation assistance. <br /> (g) Penalties under this section will be imposed pursuant to IC 36-1-20-6(b). <br /> (h) If the owner of record fails to pay penalties, fees, costs and expenses, the Department may <br /> pursue collections in personam and in rem(against person and against property) as allowed by <br /> law, including in the same manner as prescribed under IC 36-1-6-2, IC 36-7-9-13 and IC 36- <br /> 7-9-13.5 except that amounts collected shall be deposited and used according to sub-section(f) <br /> above. <br /> Sec. 6-87. Monitoring progress. <br /> The Rental Safety Verification Program will be subject to review at regular intervals, which <br /> includes meetings of a working group consisting of Code Inspector staff, Department leadership, <br /> two (2) Common Council member appointees, Mayor's office leadership, a representative from <br /> the Department of Community Investment, two (2) tenants and two (2) landlords. Following the <br /> first three(3)months and six (6)months of implementation, and thereafter at regular intervals,the <br /> Department and the Mayor's Office will report to the Common Council at a public hearing on the <br /> progress in the program metrics,focus areas,challenges faced,and anticipated procedural changes, <br /> including adjustments to the inspection cycles and the potential to add a self-certification program. <br /> Sec. 6-88. Severability clause. <br /> The provisions of this ordinance are severable, and the invalidity of any phrase, clause or part of <br /> this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. <br /> Secs. 6-89--6-93. Reserved. <br /> SECTION II. This ordinance shall be in full force and effect from and after its passage <br /> by the Common Council, approval by the Mayor and any legal publication required by law. <br /> 8 <br />
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