Bill No. 14-23 Ord. To Require Landlords & Tenants to Participate in Bed Bug Remediation

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Filed in Clerk's Office MAR 0 8 2023 BILL NO. 14-23 DAWN M.JONES CITY CLERK,SOUTH BEND,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION. STATEMENT OF PURPOSE AND INTENT Several states have specific laws addressing the issue of bed bugs. Unfortunately, Indiana is not one of those states. Arguably, IC 32-31-8-5 provides broad protection in the form of a warranty of habitability. The Indiana General Assembly has considered bills specifically providing for bed bug remediation in the 2021 session and currently in the 2023 session. Although these bills have not passed in the General Assembly, the South Bend Common Council believes that it is in the best interests of city residents to have the such protection. This ordinance, based on bills that have been addressed in the General Assembly requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. The ordinance requires landlords to have dwelling units inspected by a qualified inspector. After receipt of an inspection report, the landlord must to inform the tenant whether the dwelling unit contains bed bugs and, if so, to begin reasonable measures to treat the bed bug presence. The ordinance also establishes responsibilities for the tenant and landlord concerning notice, access, and costs. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I.Chapter 6(Building),Article 15,Sections 6-94 through Section 6-108 are added to of the South Bend Municipal Code and the Article is hereby amended to read in its entirety as follows: SECTION I. Article 15.Bed Bug Remediation Sec.6-94.As used in this article,"bed bug"means the common bed bug,or cimex lectularius. Sec. 6-95. As used in this article "contiguous dwelling unit" means a dwelling unit that is contiguous with another dwelling unit,both of which units are owned,managed,leased,or subleased by the same landlord. Sec. 6-96. As used in this article, "dwelling unit" means a structure or the part of a structure that is used as a home, residence,or sleeping place by a tenant.