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• • 1244 L.W.E., 5-27-93: of siding at part of E Ex. SJM view of cond. ast side. S� or S are 1 "•�•. D -z/-93: View of Gond. of siding & roof edge at bay window along part of east side. Ex. SJM ��-93 MaU. • re yrs . Code official believes receivership program led b charigo in` heart By DON PORTER Tribune Stall Writer SOUTH BEND — Threats of having their rental properties taken over temporarily by the city is forc- ing landlords to make required re- pairs, says Code Enforcement Di- rector Kathy Dempsey . new buildingreceivership pro- gram started last August has given the city the leverage it needs to convince owners to bring property in line with city codes, Dempsey told members of the Common Council recently. The receivership program can be invoked when a landlord fails to make repairs ordered by Code Enforcement Hearing Officer Larry Clifford, Dempsey said. It allows the city to seek a court order to appoint someone to take over the substandard property. Most often, the receiver would be a local non-profit housing agency, Dempsey said. The receiver then would make the required upgrades to the build- ing and collect rent from tenants until all repair costs are paid off. The repair expenses would become a fustit en against the property, su- perseding even a mortgage lien. That means the building owner could not sell it until the repairs were paid for and the lien ended. "In other words, the receivership program basically forces repairs, either by the owner or by the court- appointed receiver," Dempsey said. Her office has been advising landlords of the new program, and its details are listed in written re- pair orders sent to them prior to hearings before Clifford, Dempsey said. She also outlined the program last summer at a landlord associat- ing meeting before the procedure began. The code agency has opened 20 potential receivership cases since last August, Dempsey said. Of those, 13 have been closed because the properties were repaired, she added. Of the remainder, two buildings are now being repaired by 'their 'dard property had to endure the owners and action continues on the wait.' five others, Dempsey said. Only one. of the latter properties is likely to' The code agency now is bringing forfeiture cases directly to Clifford,' actually go into receivership, she added. .: instead of taking them to court, Dempsey said. The city's Legal De - Even though it's been in -opera- tion for less than a year, it's already ` partment determined that the hear - proving to be very successful, : .ing officer has the power to levy f.ines under the unsafe building act; Dempsey said. A change in another enforcement she added area also is helping the city crack down on substandard housing, It now takes only an average of 10 bays to levy the fines, Dempsey • Dempsey said Until February, Code Enforce- said. Thea has brow seven ment had to go through St. Joseph feiture cases since February, she County Small Claims Court to seek added ., .-... civil forfeiture penalties against ' � .. The beefed-up code enforcement landords who refused to repair grew out of urgings Iasi year by the their properties. That program. al-: Mayor's. Housing Forum, '. which lows a fine of up to $1,000 to, be • recommended ways - to improve levied against the owners. housing in city neighbohroods. "It was very successful in forcing "We' receivedone very strong repairs, but it was a long and cum- message: Owners are not main- bersome process," Dempsey said, taining their houses at acceptable adding that it could take as long as levels," Dempsey said "Our statis- nine months for a judgment and tics clearly indicate we're winning people living next to the substan- the war to change that"