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

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